[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          40


          Part 63 (Sec. Sec.  63.1-63.599)

                         Revised as of July 1, 2005


          Protection of Environment
          
          


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2005
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Material Approved for Incorporation by Reference........     731
      Table of CFR Titles and Chapters........................     737
      Alphabetical List of Agencies Appearing in the CFR......     755
      List of CFR Sections Affected...........................     765

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.1 refers 
                       to title 40, part 63, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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inserted following the text.

OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
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INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
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to materials already published elsewhere. For an incorporation to be 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
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    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2005.

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-one 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part 
63 (63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), 
part 63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-
End) parts 64-71, parts 72-80, parts 81-85, part 86 (86.1-86.599-99) 
part 86 (86.600-1-End), parts 87-99, parts 100-135, parts 136-149, parts 
150-189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, 
parts 400-424, parts 425-699, parts 700-789, and part 790 to End. The 
contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2005.

    Chapter I--Environmental Protection Agency appears in all thirty-one 
volumes. An alphabetical Listing of Pesticide Chemicals Index appears in 
parts 150-189. Regulations issued by the Council on Environmental 
Quality appear in the volume containing part 790 to End. The OMB control 
numbers for title 40 appear in Sec.  9.1 of this chapter.

    For this volume, Robert J. Sheehan was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.


[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                      (This book contains part 63)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

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

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





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




                      Subpart A_General Provisions

Sec.
63.1 Applicability.
63.2 Definitions.
63.3 Units and abbreviations.
63.4 Prohibited activities and circumvention.
63.5 Preconstruction review and notification requirements.
63.6 Compliance with standards and maintenance requirements.
63.7 Performance testing requirements.
63.8 Monitoring requirements.
63.9 Notification requirements.
63.10 Recordkeeping and reporting requirements.
63.11 Control device requirements.
63.12 State authority and delegations.
63.13 Addresses of State air pollution control agencies and EPA Regional 
          Offices.
63.14 Incorporations by reference.
63.15 Availability of information and confidentiality.
63.16 Performance Track Provisions.

 Subpart B_Requirements for Control Technology Determinations for Major 
 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 
                                 112(j)

63.40 Applicability of Sec. Sec. 63.40 through 63.44.
63.41 Definitions.
63.42 Program requirements governing construction or reconstruction of 
          major sources.
63.43 Maximum achievable control technology (MACT) determinations for 
          constructed and reconstructed major sources.
63.44 Requirements for constructed or reconstucted major sources subject 
          to a subsequently promulgated MACT standard or MACT 
          requirement.
63.45-63.49 [Reserved]
63.50 Applicability.
63.51 Definitions.
63.52 Approval process for new and existing emission units.
63.53 Application content for case-by-case MACT determinations.
63.54 Preconstruction review procedures for new affected sources.
63.55 Maximum achievable control technology (MACT) determinations for 
          affected sources subject to case-by-case determination of 
          equivalent emission limitations.
63.56 Requirements for case-by-case determination of equivalent emission 
          limitations after promulgation of subsequent MACT standard.

                     Tables to Subpart B of Part 63

Table 1 to Subpart B of Part 63--Section 112(j) Part 2 Application Due 
          Dates
Table 2 to Subpart B of Part 63--MON Source Categories

  Subpart C_List of Hazardous Air Pollutants, Petition Process, Lesser 
               Quantity Designations, Source Category List

63.60 Deletion of caprolactam from the list of hazardous air pollutants.
63.61 [Reserved]
63.62 Redefinition of glycol ethers listed as hazardous air pollutants.
63.63 Deletion of ethylene glycol monobutyl ether from the list of 
          hazardous air pollutants.
63.64-63.69 [Reserved]

    Subpart D_Regulations Governing Compliance Extensions for Early 
                 Reductions of Hazardous Air Pollutants

63.70 Applicability.
63.71 Definitions.
63.72 General provisions for compliance extensions.
63.73 Source.
63.74 Demonstration of early reduction.
63.75 Enforceable commitments.
63.76 Review of base year emissions.
63.77 Application procedures.
63.78 Early reduction demonstration evaluation.
63.79 Approval of applications.
63.80 Enforcement.
63.81 Rules for special situations.

     Subpart E_Approval of State Programs and Delegation of Federal 
                               Authorities

63.90 Program overview.
63.91 Criteria for straight delegation and criteria common to all 
          approval options.
63.92 Approval of State requirements that adjust a section 112 rule.
63.93 Approval of State requirements that substitute for a section 112 
          rule.
63.94 Approval of State permit terms and conditions that substitute for 
          a section 112 rule.
63.95 Additional approval criteria for accidental release prevention 
          programs.
63.96 Review and withdrawal of approval.

[[Page 6]]

63.97 Approval of a State program that substitutes for section 112 
          requirements.
63.98 [Reserved]
63.99 Delegated Federal authorities.

    Subpart F_National Emission Standards for Organic Hazardous Air 
  Pollutants From the Synthetic Organic Chemical Manufacturing Industry

63.100 Applicability and designation of source.
63.101 Definitions.
63.102 General standards.
63.103 General compliance, reporting, and recordkeeping provisions.
63.104 Heat exchange system requirements.
63.105 Maintenance wastewater requirements.
63.106 Implementation and enforcement.
63.107 Identification of process vents subject to this subpart.

Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry 
          Chemicals
Table 2 to Subpart F--Organic Hazardous Air Pollutants
Table 3 to Subpart F--General Provisions Applicability to Subparts F, G, 
          and H
Table 4 to Subpart F--Organic Hazardous Air Pollutants Subject to 
          Cooling Tower Monitoring Requirements in Sec. 63.104

    Subpart G_National Emission Standards for Organic Hazardous Air 
 Pollutants From the Synthetic Organic Chemical Manufacturing Industry 
 for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

63.110 Applicability.
63.111 Definitions.
63.112 Emission standard.
63.113 Process vent provisions--reference control technology.
63.114 Process vent provisions--monitoring requirements.
63.115 Process vent provisions--methods and procedures for process vent 
          group determination.
63.116 Process vent provisions--performance test methods and procedures 
          to determine compliance.
63.117 Process vent provisions--reporting and recordkeeping requirements 
          for group and TRE determinations and performance tests.
63.118 Process vent provisions--periodic reporting and recordkeeping 
          requirements.
63.119 Storage vessel provisions--reference control technology.
63.120 Storage vessel provisions--procedures to determine compliance.
63.121 Storage vessel provisions--alternative means of emission 
          limitation.
63.122 Storage vessel provisions--reporting.
63.123 Storage vessel provisions--recordkeeping.
63.124-63.125 [Reserved]
63.126 Transfer operations provisions--reference control technology.
63.127 Transfer operations provisions--monitoring requirements.
63.128 Transfer operations provisions--test methods and procedures.
63.129 Transfer operations provisions--reporting and recordkeeping for 
          performance tests and notification of compliance status.
63.130 Transfer operations provisions--periodic recordkeeping and 
          reporting.
63.131 [Reserved]
63.132 Process wastewater provisions--general.
63.133 Process wastewater provisions--wastewater tanks.
63.134 Process wastewater provisions--surface impoundments.
63.135 Process wastewater provisions--containers.
63.136 Process wastewater provisions--individual drain systems.
63.137 Process wastewater provisions--oil-water separators.
63.138 Process wastewater provisions--performance standards for 
          treatment processes managing Group 1 wastewater streams and/or 
          residuals removed from Group 1 wastewater streams.
63.139 Process wastewater provisions--control devices.
63.140 Process wastewater provisions--delay of repair.
63.141-63.142 [Reserved]
63.143 Process wastewater provisions--inspections and monitoring of 
          operations.
63.144 Process wastewater provisions--test methods and procedures for 
          determining applicability and Group 1/Group 2 determinations 
          (determining which wastewater streams require control).
63.145 Process wastewater provisions--test methods and procedures to 
          determine compliance.
63.146 Process wastewater provisions--reporting.
63.147 Process wastewater provisions--recordkeeping.
63.148 Leak inspection provisions.
63.149 Control requirements for certain liquid streams in open systems 
          within a chemical manufacturing process unit.
63.150 Emissions averaging provisions.
63.151 Initial notification.
63.152 General reporting and continuous records.

Table 1 to Subpart G--Process Vents--Coefficients for Total Resource 
          Effectiveness for Existing Source Nonhalogenated and 
          Halogenated Vent Streams

[[Page 7]]

Table 1A to Subpart G--Applicable 40 CFR Part 63 General Provisions
Table 2 to Subpart G--Process Vents--Coefficients for Total Resource 
          Effectiveness for New Source Nonhalogenated and Halogenated 
          Vent Streams
Table 3 to Subpart G--Process Vents--Monitoring, Recordkeeping, and 
          Reporting Requirements for Complying With 98 Weight-Percent 
          Reduction of Total Organic Hazardous Air Pollutants Emissions 
          or a Limit of 20 Parts Per Million by Volume
Table 4 to Subpart G--Process Vents--Monitoring, Recordkeeping, and 
          Reporting Requirements For Maintaining a TRE Index Value 
          1.0 and. <=4.0
Table 5 to Subpart G--Group 1 Storage Vessels at Existing Sources
Table 6 to Subpart G--Group 1 Storage Vessels at New Sources
Table 7 to Subpart G--Transfer Operations--Monitoring, Recordkeeping, 
          and Reporting Requirements for Complying With 98 Weight-
          Percent Reduction of Total Organic Hazardous Air Pollutants 
          Emissions or a Limit of 20 Parts Per Million by Volume
Table 8 to Subpart G--Organic HAP's Subject to the Wastewater Provisions 
          for Process Units at New Sources
Table 9 to Subpart G--Organic HAP's Subject to the Wastewater Provisions 
          for Process Units at New and Existing Sources and 
          Corresponding Fraction Removed (Fr) Values
Table 10 to Subpart G--Wastewater--Compliance Options for Wastewater 
          Tanks
Table 11 to Subpart G--Wastewater--Inspection and Monitoring 
          Requirements for Waste Management Units
Table 12 to Subpart G--Monitoring Requirements for Treatment Processes
Table 13 to Subpart G--Wastewater--Monitoring Requirements for Control 
          Devices
Tables 14-14b to Subpart G [Reserved]
Table 15 to Subpart G--Wastewater--Information on Table 8 and/or Table 9 
          Compounds To Be Submitted With Notification of Compliance 
          Status for Process Units at New and/or Existing Sources
Table 16 to Subpart G [Reserved]
Table 17 to Subpart G--Information for Treatment Processes To Be 
          Submitted With Notification of Compliance Status
Table 18 to Subpart G--Information for Waste Management Units To Be 
          Submitted With Notification of Compliance Status
Table 19 to Subpart G--Wastewater--Information on Residuals To Be 
          Submitted With Notification of Compliance Status
Table 20 to Subpart G--Wastewater--Periodic Reporting Requirements for 
          Control Devices Subject to Sec. 63.139 Used To Comply With 
          Sec. Sec. 63.13 Through 63.139
Table 21 to Subpart G--Average Storage Temperature (Ts) as a 
          Function of Tank Paint Color
Table 22 to Subpart G--Paint Factors for Fixed Roof Tanks
Table 23 to Subpart G--Average Clingage Factors (c)
Table 24 to Subpart G--Typical Number of Columns as a Function of Tank 
          Diameter for Internal Floating Roof Tanks With Column 
          Supported Fixed Roofs
Table 25 to Subpart G--Effective Column Diameter (Fc)
Table 26 to Subpart G--Seal Related Factors for Internal Floating Roof 
          Vessels
Table 27 to Subpart G--Summary of Internal Floating Deck Fitting Loss 
          Factors (KF) and Typical Number of Fittings 
          (NF)
Table 28 to Subpart G--Deck Seam Length Factorsa 
          (SD) for Internal Floating Roof Tanks
Table 29 to Subpart G--Seal Related Factors for External Floating Roof 
          Vessels
Table 30 to Subpart G--Roof Fitting Loss Factors, KFa, 
          KFb, and m,a and Typical Number of 
          Fittings, NT
Table 31 to Subpart G--Typical Number of Vacuum Breakers, NF6 
          and Roof Drains,a NF7
Table 32 to Subpart G--Typical Number of Roof Legs,a 
          NF8
Table 33 to Subpart G--Saturation Factors
Table 34 to Subpart G--Fraction Measured (Fm) and Fraction 
          Emitted (Fe) For HAP Compounds in Wastewater 
          Streams
Table 35 to Subpart G--Control Requirements for Items of Equipment That 
          Meet the Criteria of Sec. 63.149 of Subpart G
Table 36 to Subpart G--Compound Lists Used for Compliance Demonstrations 
          for Enhanced Biological Treatment Processes (See Sec. 
          63.145(h))
Table 37 to Subpart G--Default Biorates for List 1 Compounds
Figure 1 to Subpart G--Definitions of Terms Used in Wastewater Equations

    Subpart H_National Emission Standards for Organic Hazardous Air 
                     Pollutants for Equipment Leaks

63.160 Applicability and designation of source.
63.161 Definitions.
63.162 Standards: General.

[[Page 8]]

63.163 Standards: Pumps in light liquid service.
63.164 Standards: Compressors.
63.165 Standards: Pressure relief devices in gas/vapor service.
63.166 Standards: Sampling connection systems.
63.167 Standards: Open-ended valves or lines.
63.168 Standards: Valves in gas/vapor service and in light liquid 
          service.
63.169 Standards: Pumps, valves, connectors, and agitators in heavy 
          liquid service; instrumentation systems; and pressure relief 
          devices in liquid service.
63.170 Standards: Surge control vessels and bottoms receivers.
63.171 Standards: Delay of repair.
63.172 Standards: Closed-vent systems and control devices.
63.173 Standards: Agitators in gas/vapor service and in light liquid 
          service.
63.174 Standards: Connectors in gas/vapor service and in light liquid 
          service.
63.175 Quality improvement program for valves.
63.176 Quality improvement program for pumps.
63.177 Alternative means of emission limitation: General.
63.178 Alternative means of emission limitation: Batch processes.
63.179 Alternative means of emission limitation: Enclosed-vented process 
          units.
63.180 Test methods and procedures.
63.181 Recordkeeping requirements.
63.182 Reporting requirements.
63.183 Implementation and enforcement.

Table 1 to Subpart H--Batch Processes
Table 2 to Subpart H--Surge Control Vessels and Bottoms Receivers at 
          Existing Sources
Table 3 to Subpart H--Surge Control Vessels and Bottoms Receivers at New 
          Sources
Table 4 to Subpart H--Applicable 40 CFR Part 63 General Provisions

    Subpart I_National Emission Standards for Organic Hazardous Air 
 Pollutants for Certain Processes Subject to the Negotiated Regulation 
                           for Equipment Leaks

63.190 Applicability and designation of source.
63.191 Definitions.
63.192 Standard.
63.193 Implementation and enforcement.

 Subpart J_National Emission Standards for Hazardous Air Pollutants for 
              Polyvinyl Chloride and Copolymers Production

                        What This Subpart Covers

63.210 What is the purpose of this subpart?
63.211 Am I subject to this subpart?
63.212 What parts of my facility does this subpart cover?
63.213 When do I have to comply with this subpart?

                  Standards and Compliance Requirements

63.214 What are the requirements I must comply with?

                   Other Requirements and Information

63.215 What General Provisions apply to me?
63.216 Who administers this subpart?
63.217 What definitions apply to this subpart?

Subpart K [Reserved]

      Subpart L_National Emission Standards for Coke Oven Batteries

63.300 Applicability.
63.301 Definitions.
63.302 Standards for by-product coke oven batteries.
63.303 Standards for nonrecovery coke oven batteries.
63.304 Standards for compliance date extension.
63.305 Alternative standards for coke oven doors equipped with sheds.
63.306 Work practice standards.
63.307 Standards for bypass/bleeder stacks.
63.308 Standards for collecting mains.
63.309 Performance tests and procedures.
63.310 Requirements for startups, shutdowns, and malfunctions.
63.311 Reporting and recordkeeping requirements.
63.312 Existing regulations and requirements.
63.313 Implementation and enforcement.

Appendix A to Subpart L--Operating Coke Oven Batteries as of April 1, 
          1992

  Subpart M_National Perchloroethylene Air Emission Standards for Dry 
                           Cleaning Facilities

63.320 Applicability.
63.321 Definitions.
63.322 Standards.
63.323 Test methods and monitoring.
63.324 Reporting and recordkeeping requirements.
63.325 Determination of equivalent emission control technology.
63.326 Implementation and enforcement.

 Subpart N_National Emission Standards for Chromium Emissions From Hard 
   and Decorative Chromium Electroplating and Chromium Anodizing Tanks

63.340 Applicability and designation of sources.

[[Page 9]]

63.341 Definitions and nomenclature.
63.342 Standards.
63.343 Compliance provisions.
63.344 Performance test requirements and test methods.
63.345 Provisions for new and reconstructed sources.
63.346 Recordkeeping requirements.
63.347 Reporting requirements.
63.348 Implementation and enforcement.

Table 1 to Subpart N--General Provisions Applicability to Subpart N

     Subpart O_Ethylene Oxide Emissions Standards for Sterilization 
                               Facilities

63.360 Applicability.
63.361 Definitions.
63.362 Standards.
63.363 Compliance and performance testing.
63.364 Monitoring requirements.
63.365 Test methods and procedures.
63.366 Reporting requirements.
63.367 Recordkeeping requirements.
63.368 Implementation and enforcement.

Subpart P [Reserved]

 Subpart Q_National Emission Standards for Hazardous Air Pollutants for 
                    Industrial Process Cooling Towers

63.400 Applicability.
63.401 Definitions.
63.402 Standard.
63.403 Compliance dates.
63.404 Compliance demonstrations.
63.405 Notification requirements.
63.406 Recordkeeping and reporting requirements.
63.407 Implementation and enforcement.

Table 1 to Subpart Q--General Provisions Applicability to Subpart Q

    Subpart R_National Emission Standards for Gasoline Distribution 
   Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

63.420 Applicability.
63.421 Definitions.
63.422 Standards: Loading racks.
63.423 Standards: Storage vessels.
63.424 Standards: Equipment leaks.
63.425 Test methods and procedures.
63.426 Alternative means of emission limitation.
63.427 Continuous monitoring.
63.428 Reporting and recordkeeping.
63.429 Delegation of authority.

Table 1 to Subpart R--General Provisions Applicability to Subpart R

Subpart S_National Emission Standards for Hazardous Air Pollutants from 
                       the Pulp and Paper Industry

63.440 Applicability.
63.441 Definitions.
63.442 [Reserved]
63.443 Standards for the pulping system at kraft, soda, and semi-
          chemical processes.
63.444 Standards for the pulping system at sulfite processes.
63.445 Standards for the bleaching system.
63.446 Standards for kraft pulping process condensates.
63.447 Clean condensate alternative.
63.448-63.449 [Reserved]
63.450 Standards for enclosures and closed-vent systems.
63.451-63.452 [Reserved]
63.453 Monitoring requirements.
63.454 Recordkeeping requirements.
63.455 Reporting requirements.
63.456 [Reserved]
63.457 Test methods and procedures.
63.458 Implementation and enforcement.
63.459 Alternative standards.

Table 1 to Subpart S--General Provisions Applicability to Subpart S

 Subpart T_National Emission Standards for Halogenated Solvent Cleaning

63.460 Applicability and designation of source.
63.461 Definitions.
63.462 Batch cold cleaning machine standards.
63.463 Batch vapor and in-line cleaning machine standards.
63.464 Alternative standards.
63.465 Test methods.
63.466 Monitoring procedures.
63.467 Recordkeeping requirements.
63.468 Reporting requirements.
63.469 Equivalent methods of control.
63.470 Implementation and enforcement.

Appendix A to Subpart T--Test of Solvent Cleaning Procedures
Appendix B to Subpart T--General Provisions Applicability to Subpart T

   Subpart U_National Emission Standards for Hazardous Air Pollutant 
                 Emissions: Group I Polymers and Resins

63.480 Applicability and designation of affected sources.
63.481 Compliance dates and relationship of this subpart to existing 
          applicable rules.
63.482 Definitions.
63.483 Emission standards.
63.484 Storage vessel provisions.
63.485 Continuous front-end process vent provisions.

[[Page 10]]

63.486 Batch front-end process vent provisions.
63.487 Batch front-end process vents--reference control technology.
63.488 Methods and procedures for batch front-end process vent group 
          determination.
63.489 Batch front-end process vents--monitoring equipment.
63.490 Batch front-end process vents--performance test methods and 
          procedures to determine compliance.
63.491 Batch front-end process vents--recordkeeping requirements.
63.492 Batch front-end process vents--reporting requirements.
63.493 Back-end process provisions.
63.494 Back-end process provisions--residual organic HAP limitations.
63.495 Back-end process provisions--procedures to determine compliance 
          using stripping technology.
63.496 Back-end process provisions--procedures to determine compliance 
          using control or recovery devices.
63.497 Back-end process provisions--monitoring provisions for control 
          and recovery devices.
63.498 Back-end process provisions--recordkeeping.
63.499 Back-end process provisions--reporting.
63.500 Back-end process provisions--carbon disulfide limitations for 
          styrene butadiene rubber by emulsion processes.
63.501 Wastewater provisions.
63.502 Equipment leak and heat exchange system provisions.
63.503 Emissions averaging provisions.
63.504 Additional requirements for performance testing.
63.505 Parameter monitoring levels and excursions.
63.506 General recordkeeping and reporting provisions.
63.507 Implementation and enforcement.

Table 1 to Subpart U--Applicability of General Provisions to Subpart U 
          Affected Sources
Table 2 to Subpart U--Applicability of Subparts F, G, & H of this Part 
          to Subpart U Affected Sources
Table 3 to Subpart U--Group 1 Storage Vessels at Existing Affected 
          Sources
Table 4 to Subpart U--Group 1 Storage Vessels at New Sources
Table 5 to Subpart U--Known Organic HAP From the Production of Elastomer 
          Products
Table 6 to Subpart U--Group 1 Batch Front-End Process Vents and 
          Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and 
          Reporting Requirements
Table 7 to Subpart U--Operating Parameters for Which Monitoring Levels 
          Are Required To Be Established for Continuous and Batch Front-
          End Process Vents and Aggregate Batch Vent Streams
Table 8 to Subpart U--Summary of Compliance Alternative Requirements for 
          the Back-End Process Provisions
Table 9 to Subpart U--Routine Reports Required by This Subpart

Subpart V [Reserved]

 Subpart W_National Emission Standards for Hazardous Air Pollutants for 
       Epoxy Resins Production and Non-Nylon Polyamides Production

63.520 Applicability and designation of sources.
63.521 Compliance schedule.
63.522 Definitions.
63.523 Standards for basic liquid resins manufacturers.
63.524 Standards for wet strength resins manufacturers.
63.525 Compliance and performance testing.
63.526 Monitoring requirements.
63.527 Recordkeeping requirements.
63.528 Reporting requirements.
63.529 Implementation and enforcement.

Table 1 to Subpart W--General Provisions Applicability to Subpart W

Subpart X_National Emission Standards for Hazardous Air Pollutants from 
                         Secondary Lead Smelting

63.541 Applicability.
63.542 Definitions.
63.543 Standards for process sources.
63.544 Standards for process fugitive sources.
63.545 Standards for fugitive dust sources.
63.546 Compliance dates.
63.547 Test methods.
63.548 Monitoring requirements.
63.549 Notification requirements.
63.550 Recordkeeping and reporting requirements.
63.551 Implementation and enforcement.

  Subpart Y_National Emission Standards for Marine Tank Vessel Loading 
                               Operations

63.560 Applicability and designation of affected source.
63.561 Definitions.
63.562 Standards.
63.563 Compliance and performance testing.
63.564 Monitoring requirements.
63.565 Test methods and procedures.
63.566 Construction and reconstruction.
63.567 Recordkeeping and reporting requirements.
63.568 Implementation and enforcement.

Subpart Z [Reserved]

[[Page 11]]

63.569-63.599 [Reserved]

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

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



                      Subpart A_General Provisions

    Source: 59 FR 12430, Mar. 16, 1994, unless otherwise noted.



Sec. 63.1  Applicability.

    (a) General. (1) Terms used throughout this part are defined in 
Sec. 63.2 or in the Clean Air Act (Act) as amended in 1990, except that 
individual subparts of this part may include specific definitions in 
addition to or that supersede definitions in Sec. 63.2.
    (2) This part contains national emission standards for hazardous air 
pollutants (NESHAP) established pursuant to section 112 of the Act as 
amended November 15, 1990. These standards regulate specific categories 
of stationary sources that emit (or have the potential to emit) one or 
more hazardous air pollutants listed in this part pursuant to section 
112(b) of the Act. This section explains the applicability of such 
standards to sources affected by them. The standards in this part are 
independent of NESHAP contained in 40 CFR part 61. The NESHAP in part 61 
promulgated by signature of the Administrator before November 15, 1990 
(i.e., the date of enactment of the Clean Air Act Amendments of 1990) 
remain in effect until they are amended, if appropriate, and added to 
this part.
    (3) No emission standard or other requirement established under this 
part shall be interpreted, construed, or applied to diminish or replace 
the requirements of a more stringent emission limitation or other 
applicable requirement established by the Administrator pursuant to 
other authority of the Act (section 111, part C or D or any other 
authority of this Act), or a standard issued under State authority. The 
Administrator may specify in a specific standard under this part that 
facilities subject to other provisions under the Act need only comply 
with the provisions of that standard.
    (4)(i) Each relevant standard in this part 63 must identify 
explicitly whether each provision in this subpart A is or is not 
included in such relevant standard.
    (ii) If a relevant part 63 standard incorporates the requirements of 
40 CFR part 60, part 61 or other part 63 standards, the relevant part 63 
standard must identify explicitly the applicability of each 
corresponding part 60, part 61, or other part 63 subpart A (General) 
provision.
    (iii) The General Provisions in this subpart A do not apply to 
regulations developed pursuant to section 112(r) of the amended Act, 
unless otherwise specified in those regulations.
    (5) [Reserved]
    (6) To obtain the most current list of categories of sources to be 
regulated under section 112 of the Act, or to obtain the most recent 
regulation promulgation schedule established pursuant to section 112(e) 
of the Act, contact the Office of the Director, Emission Standards 
Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-
13), Research Triangle Park, North Carolina 27711.
    (7)-(9) [Reserved]
    (10) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (11) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, test plan, report, or other written 
communication to the Administrator, the owner or operator shall postmark 
the submittal on or before the number of days specified in the 
applicable requirement. For example, if a notification must be submitted 
15 days before a particular event is scheduled to take place, the 
notification shall be postmarked on or before 15 days preceding the 
event; likewise, if a notification must be submitted 15 days after a 
particular event takes place, the notification shall be postmarked on or 
before 15 days following the end of the event. The use of reliable non-
Government mail carriers that provide indications of verifiable delivery 
of information required to be submitted to the

[[Page 12]]

Administrator, similar to the postmark provided by the U.S. Postal 
Service, or alternative means of delivery agreed to by the permitting 
authority, is acceptable.
    (12) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in Sec. 63.9(i).
    (b) Initial applicability determination for this part. (1) The 
provisions of this part apply to the owner or operator of any stationary 
source that--
    (i) Emits or has the potential to emit any hazardous air pollutant 
listed in or pursuant to section 112(b) of the Act; and
    (ii) Is subject to any standard, limitation, prohibition, or other 
federally enforceable requirement established pursuant to this part.
    (2) [Reserved]
    (3) An owner or operator of a stationary source who is in the 
relevant source category and who determines that the source is not 
subject to a relevant standard or other requirement established under 
this part must keep a record as specified in Sec. 63.10(b)(3).
    (c) Applicability of this part after a relevant standard has been 
set under this part. (1) If a relevant standard has been established 
under this part, the owner or operator of an affected source must comply 
with the provisions of that standard and of this subpart as provided in 
paragraph (a)(4) of this section.
    (2) Except as provided in Sec. 63.10(b)(3), if a relevant standard 
has been established under this part, the owner or operator of an 
affected source may be required to obtain a title V permit from a 
permitting authority in the State in which the source is located. 
Emission standards promulgated in this part for area sources pursuant to 
section 112(c)(3) of the Act will specify whether--
    (i) States will have the option to exclude area sources affected by 
that standard from the requirement to obtain a title V permit (i.e., the 
standard will exempt the category of area sources altogether from the 
permitting requirement);
    (ii) States will have the option to defer permitting of area sources 
in that category until the Administrator takes rulemaking action to 
determine applicability of the permitting requirements; or
    (iii) If a standard fails to specify what the permitting 
requirements will be for area sources affected by such a standard, then 
area sources that are subject to the standard will be subject to the 
requirement to obtain a title V permit without any deferral.
    (3)-(4) [Reserved]
    (5) If an area source that otherwise would be subject to an emission 
standard or other requirement established under this part if it were a 
major source subsequently increases its emissions of hazardous air 
pollutants (or its potential to emit hazardous air pollutants) such that 
the source is a major source that is subject to the emission standard or 
other requirement, such source also shall be subject to the notification 
requirements of this subpart.
    (d) [Reserved]
    (e) If the Administrator promulgates an emission standard under 
section 112(d) or (h) of the Act that is applicable to a source subject 
to an emission limitation by permit established under section 112(j) of 
the Act, and the requirements under the section 112(j) emission 
limitation are substantially as effective as the promulgated emission 
standard, the owner or operator may request the permitting authority to 
revise the source's title V permit to reflect that the emission 
limitation in the permit satisfies the requirements of the promulgated 
emission standard. The process by which the permitting authority 
determines whether the section 112(j) emission limitation is 
substantially as effective as the promulgated emission standard must 
include, consistent with part 70 or 71 of this chapter, the opportunity 
for full public, EPA, and affected State review (including the 
opportunity for EPA's objection) prior to the permit revision

[[Page 13]]

being finalized. A negative determination by the permitting authority 
constitutes final action for purposes of review and appeal under the 
applicable title V operating permit program.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16595, Apr. 5, 2002]



Sec. 63.2  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Pub. L. 101-549, 104 Stat. 2399).
    Actual emissions is defined in subpart D of this part for the 
purpose of granting a compliance extension for an early reduction of 
hazardous air pollutants.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this part).
    Affected source, for the purposes of this part, means the collection 
of equipment, activities, or both within a single contiguous area and 
under common control that is included in a section 112(c) source 
category or subcategory for which a section 112(d) standard or other 
relevant standard is established pursuant to section 112 of the Act. 
Each relevant standard will define the ``affected source,'' as defined 
in this paragraph unless a different definition is warranted based on a 
published justification as to why this definition would result in 
significant administrative, practical, or implementation problems and 
why the different definition would resolve those problems. The term 
``affected source,'' as used in this part, is separate and distinct from 
any other use of that term in EPA regulations such as those implementing 
title IV of the Act. Affected source may be defined differently for part 
63 than affected facility and stationary source in parts 60 and 61, 
respectively. This definition of ``affected source,'' and the procedures 
for adopting an alternative definition of ``affected source,'' shall 
apply to each section 112(d) standard for which the initial proposed 
rule is signed by the Administrator after June 30, 2002.
    Alternative emission limitation means conditions established 
pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the 
Administrator or by a State with an approved permit program.
    Alternative emission standard means an alternative means of emission 
limitation that, after notice and opportunity for public comment, has 
been demonstrated by an owner or operator to the Administrator's 
satisfaction to achieve a reduction in emissions of any air pollutant at 
least equivalent to the reduction in emissions of such pollutant 
achieved under a relevant design, equipment, work practice, or 
operational emission standard, or combination thereof, established under 
this part pursuant to section 112(h) of the Act.
    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a test method in this chapter and that 
has been demonstrated to the Administrator's satisfaction, using Method 
301 in Appendix A of this part, to produce results adequate for the 
Administrator's determination that it may be used in place of a test 
method specified in this part.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to title V 
of the Act (42 U.S.C. 7661).
    Area source means any stationary source of hazardous air pollutants 
that is not a major source as defined in this part.
    Commenced means, with respect to construction or reconstruction of 
an affected source, that an owner or operator has undertaken a 
continuous program of construction or reconstruction or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of construction 
or reconstruction.
    Compliance date means the date by which an affected source is 
required to be in compliance with a relevant standard, limitation, 
prohibition, or any federally enforceable requirement established by the 
Administrator (or a State

[[Page 14]]

with an approved permit program) pursuant to section 112 of the Act.
    Compliance schedule means: (1) In the case of an affected source 
that is in compliance with all applicable requirements established under 
this part, a statement that the source will continue to comply with such 
requirements; or
    (2) In the case of an affected source that is required to comply 
with applicable requirements by a future date, a statement that the 
source will meet such requirements on a timely basis and, if required by 
an applicable requirement, a detailed schedule of the dates by which 
each step toward compliance will be reached; or
    (3) In the case of an affected source not in compliance with all 
applicable requirements established under this part, a schedule of 
remedial measures, including an enforceable sequence of actions or 
operations with milestones and a schedule for the submission of 
certified progress reports, where applicable, leading to compliance with 
a relevant standard, limitation, prohibition, or any federally 
enforceable requirement established pursuant to section 112 of the Act 
for which the affected source is not in compliance. This compliance 
schedule shall resemble and be at least as stringent as that contained 
in any judicial consent decree or administrative order to which the 
source is subject. Any such schedule of compliance shall be supplemental 
to, and shall not sanction noncompliance with, the applicable 
requirements on which it is based.
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction does not include the 
removal of all equipment comprising an affected source from an existing 
location and reinstallation of such equipment at a new location. The 
owner or operator of an existing affected source that is relocated may 
elect not to reinstall minor ancillary equipment including, but not 
limited to, piping, ductwork, and valves. However, removal and 
reinstallation of an affected source will be construed as reconstruction 
if it satisfies the criteria for reconstruction as defined in this 
section. The costs of replacing minor ancillary equipment must be 
considered in determining whether the existing affected source is 
reconstructed.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) is a comprehensive term that may 
include, but is not limited to, continuous emission monitoring systems, 
continuous opacity monitoring systems, continuous parameter monitoring 
systems, or other manual or automatic monitoring that is used for 
demonstrating compliance with an applicable regulation on a continuous 
basis as defined by the regulation.
    Continuous opacity monitoring system (COMS) means a continuous 
monitoring system that measures the opacity of emissions.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this part, used to sample, condition (if applicable), 
analyze, and provide a record of process or control system parameters.
    Effective date means:
    (1) With regard to an emission standard established under this part, 
the date of promulgation in the Federal Register of such standard; or
    (2) With regard to an alternative emission limitation or equivalent 
emission limitation determined by the Administrator (or a State with an 
approved permit program), the date that the alternative emission 
limitation or equivalent emission limitation becomes effective according 
to the provisions of this part.
    Emission standard means a national standard, limitation, 
prohibition, or other regulation promulgated in a subpart of this part 
pursuant to sections 112(d), 112(h), or 112(f) of the Act.
    Emissions averaging is a way to comply with the emission limitations 
specified in a relevant standard, whereby an affected source, if allowed 
under a subpart of this part, may create emission credits by reducing 
emissions from specific points to a level below that required by the 
relevant standard, and

[[Page 15]]

those credits are used to offset emissions from points that are not 
controlled to the level required by the relevant standard.
    EPA means the United States Environmental Protection Agency.
    Equivalent emission limitation means any maximum achievable control 
technology emission limitation or requirements which are applicable to a 
major source of hazardous air pollutants and are adopted by the 
Administrator (or a State with an approved permit program) on a case-by-
case basis, pursuant to section 112(g) or (j) of the Act.
    Excess emissions and continuous monitoring system performance report 
is a report that must be submitted periodically by an affected source in 
order to provide data on its compliance with relevant emission limits, 
operating parameters, and the performance of its continuous parameter 
monitoring systems.
    Existing source means any affected source that is not a new source.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator and citizens under the Act or that are 
enforceable under other statutes administered by the Administrator. 
Examples of federally enforceable limitations and conditions include, 
but are not limited to:
    (1) Emission standards, alternative emission standards, alternative 
emission limitations, and equivalent emission limitations established 
pursuant to section 112 of the Act as amended in 1990;
    (2) New source performance standards established pursuant to section 
111 of the Act, and emission standards established pursuant to section 
112 of the Act before it was amended in 1990;
    (3) All terms and conditions in a title V permit, including any 
provisions that limit a source's potential to emit, unless expressly 
designated as not federally enforceable;
    (4) Limitations and conditions that are part of an approved State 
Implementation Plan (SIP) or a Federal Implementation Plan (FIP);
    (5) Limitations and conditions that are part of a Federal 
construction permit issued under 40 CFR 52.21 or any construction permit 
issued under regulations approved by the EPA in accordance with 40 CFR 
part 51;
    (6) Limitations and conditions that are part of an operating permit 
where the permit and the permitting program pursuant to which it was 
issued meet all of the following criteria:
    (i) The operating permit program has been submitted to and approved 
by EPA into a State implementation plan (SIP) under section 110 of the 
CAA;
    (ii) The SIP imposes a legal obligation that operating permit 
holders adhere to the terms and limitations of such permits and provides 
that permits which do not conform to the operating permit program 
requirements and the requirements of EPA's underlying regulations may be 
deemed not ``federally enforceable'' by EPA;
    (iii) The operating permit program requires that all emission 
limitations, controls, and other requirements imposed by such permits 
will be at least as stringent as any other applicable limitations and 
requirements contained in the SIP or enforceable under the SIP, and that 
the program may not issue permits that waive, or make less stringent, 
any limitations or requirements contained in or issued pursuant to the 
SIP, or that are otherwise ``federally enforceable'';
    (iv) The limitations, controls, and requirements in the permit in 
question are permanent, quantifiable, and otherwise enforceable as a 
practical matter; and
    (v) The permit in question was issued only after adequate and timely 
notice and opportunity for comment for EPA and the public.
    (7) Limitations and conditions in a State rule or program that has 
been approved by the EPA under subpart E of this part for the purposes 
of implementing and enforcing section 112; and
    (8) Individual consent agreements that the EPA has legal authority 
to create.
    Fixed capital cost means the capital needed to provide all the 
depreciable components of an existing source.
    Fugitive emissions means those emissions from a stationary source 
that could not reasonably pass through a

[[Page 16]]

stack, chimney, vent, or other functionally equivalent opening. Under 
section 112 of the Act, all fugitive emissions are to be considered in 
determining whether a stationary source is a major source.
    Hazardous air pollutant means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When the 
EPA is the permitting authority, issuance of a title V permit occurs 
immediately after the EPA takes final action on the final permit.
    Major source means any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit considering controls, in the 
aggregate, 10 tons per year or more of any hazardous air pollutant or 25 
tons per year or more of any combination of hazardous air pollutants, 
unless the Administrator establishes a lesser quantity, or in the case 
of radionuclides, different criteria from those specified in this 
sentence.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control and monitoring equipment, 
process equipment, or a process to operate in a normal or usual manner 
which causes, or has the potential to cause, the emission limitations in 
an applicable standard to be exceeded. Failures that are caused in part 
by poor maintenance or careless operation are not malfunctions.
    Monitoring means the collection and use of measurement data or other 
information to control the operation of a process or pollution control 
device or to verify a work practice standard relative to assuring 
compliance with applicable requirements. Monitoring is composed of four 
elements:
    (1) Indicator(s) of performance--the parameter or parameters you 
measure or observe for demonstrating proper operation of the pollution 
control measures or compliance with the applicable emissions limitation 
or standard. Indicators of performance may include direct or predicted 
emissions measurements (including opacity), operational parametric 
values that correspond to process or control device (and capture system) 
efficiencies or emissions rates, and recorded findings of inspection of 
work practice activities, materials tracking, or design characteristics. 
Indicators may be expressed as a single maximum or minimum value, a 
function of process variables (for example, within a range of pressure 
drops), a particular operational or work practice status (for example, a 
damper position, completion of a waste recovery task, materials 
tracking), or an interdependency between two or among more than two 
variables.
    (2) Measurement techniques--the means by which you gather and record 
information of or about the indicators of performance. The components of 
the measurement technique include the detector type, location and 
installation specifications, inspection procedures, and quality 
assurance and quality control measures. Examples of measurement 
techniques include continuous emission monitoring systems, continuous 
opacity monitoring systems, continuous parametric monitoring systems, 
and manual inspections that include making records of process conditions 
or work practices.
    (3) Monitoring frequency--the number of times you obtain and record 
monitoring data over a specified time interval. Examples of monitoring 
frequencies include at least four points equally spaced for each hour 
for continuous emissions or parametric monitoring systems, at least 
every 10 seconds for continuous opacity monitoring systems, and at least 
once per operating day (or week, month, etc.) for work practice or 
design inspections.
    (4) Averaging time--the period over which you average and use data 
to verify proper operation of the pollution control approach or 
compliance with the emissions limitation or standard. Examples of 
averaging time include a 3-hour average in units of the emissions 
limitation, a 30-day rolling average emissions value, a daily average of 
a control device operational parametric range, and an instantaneous 
alarm.

[[Page 17]]

    New affected source means the collection of equipment, activities, 
or both within a single contiguous area and under common control that is 
included in a section 112(c) source category or subcategory that is 
subject to a section 112(d) or other relevant standard for new sources. 
This definition of ``new affected source,'' and the criteria to be 
utilized in implementing it, shall apply to each section 112(d) standard 
for which the initial proposed rule is signed by the Administrator after 
June 30, 2002. Each relevant standard will define the term ``new 
affected source,'' which will be the same as the ``affected source'' 
unless a different collection is warranted based on consideration of 
factors including:
    (1) Emission reduction impacts of controlling individual sources 
versus groups of sources;
    (2) Cost effectiveness of controlling individual equipment;
    (3) Flexibility to accommodate common control strategies;
    (4) Cost/benefits of emissions averaging;
    (5) Incentives for pollution prevention;
    (6) Feasibility and cost of controlling processes that share common 
equipment (e.g., product recovery devices);
    (7) Feasibility and cost of monitoring; and
    (8) Other relevant factors.
    New source means any affected source the construction or 
reconstruction of which is commenced after the Administrator first 
proposes a relevant emission standard under this part establishing an 
emission standard applicable to such source.
    One-hour period, unless otherwise defined in an applicable subpart, 
means any 60-minute period commencing on the hour.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background. For 
continuous opacity monitoring systems, opacity means the fraction of 
incident light that is attenuated by an optical medium.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a stationary source.
    Performance audit means a procedure to analyze blind samples, the 
content of which is known by the Administrator, simultaneously with the 
analysis of performance test samples in order to provide a measure of 
test data quality.
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Permit modification means a change to a title V permit as defined in 
regulations codified in this chapter to implement title V of the Act (42 
U.S.C. 7661).
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permit revision means any permit modification or administrative 
permit amendment to a title V permit as defined in regulations codified 
in this chapter to implement title V of the Act (42 U.S.C. 7661).
    Permitting authority means: (1) The State air pollution control 
agency, local agency, other State agency, or other agency authorized by 
the Administrator to carry out a permit program under part 70 of this 
chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661).
    Pollution Prevention means source reduction as defined under the 
Pollution Prevention Act (42 U.S.C. 13101-13109). The definition is as 
follows:
    (1) Source reduction is any practice that:
    (i) Reduces the amount of any hazardous substance, pollutant, or 
contaminant entering any waste stream or otherwise released into the 
environment (including fugitive emissions)

[[Page 18]]

prior to recycling, treatment, or disposal; and
    (ii) Reduces the hazards to public health and the environment 
associated with the release of such substances, pollutants, or 
contaminants.
    (2) The term source reduction includes equipment or technology 
modifications, process or procedure modifications, reformulation or 
redesign of products, substitution of raw materials, and improvements in 
housekeeping, maintenance, training, or inventory control.
    (3) The term source reduction does not include any practice that 
alters the physical, chemical, or biological characteristics or the 
volume of a hazardous substance, pollutant, or contaminant through a 
process or activity which itself is not integral to and necessary for 
the production of a product or the providing of a service.
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable.
    Reconstruction, unless otherwise defined in a relevant standard, 
means the replacement of components of an affected or a previously 
nonaffected source to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the relevant standard(s) established by the 
Administrator (or a State) pursuant to section 112 of the Act. Upon 
reconstruction, an affected source, or a stationary source that becomes 
an affected source, is subject to relevant standards for new sources, 
including compliance dates, irrespective of any change in emissions of 
hazardous air pollutants from that source.
    Regulation promulgation schedule means the schedule for the 
promulgation of emission standards under this part, established by the 
Administrator pursuant to section 112(e) of the Act and published in the 
Federal Register.
    Relevant standard means:
    (1) An emission standard;
    (2) An alternative emission standard;
    (3) An alternative emission limitation; or
    (4) An equivalent emission limitation established pursuant to 
section 112 of the Act that applies to the collection of equipment, 
activities, or both regulated by such standard or limitation.A relevant 
standard may include or consist of a design, equipment, work practice, 
or operational requirement, or other measure, process, method, system, 
or technique (including prohibition of emissions) that the Administrator 
(or a State) establishes for new or existing sources to which such 
standard or limitation applies. Every relevant standard established 
pursuant to section 112 of the Act includes subpart A of this part, as 
provided by Sec. 63.1(a)(4), and all applicable appendices of this part 
or of other parts of this chapter that are referenced in that standard.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice 
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the Administrator.
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency: 
either a

[[Page 19]]

principal executive officer or ranking elected official. For the 
purposes of this part, a principal executive officer of a Federal agency 
includes the chief executive officer having responsibility for the 
overall operations of a principal geographic unit of the agency (e.g., a 
Regional Administrator of the EPA).
    (4) For affected sources (as defined in this part) applying for or 
subject to a title V permit: ``responsible official'' shall have the 
same meaning as defined in part 70 or Federal title V regulations in 
this chapter (42 U.S.C. 7661), whichever is applicable.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle as 
specified in this part.
    Shutdown means the cessation of operation of an affected source or 
portion of an affected source for any purpose.
    Six-minute period means, with respect to opacity determinations, any 
one of the 10 equal parts of a 1-hour period.
    Source at a Performance Track member facility means a major or area 
source located at a facility which has been accepted by EPA for 
membership in the Performance Track Program (as described at 
www.epa.gov/PerformanceTrack) and is still a member of the Program. The 
Performance Track Program is a voluntary program that encourages 
continuous environmental improvement through the use of environmental 
management systems, local community outreach, and measurable results.
    Standard conditions means a temperature of 293 K (68 [deg]F) and a 
pressure of 101.3 kilopascals (29.92 in. Hg).
    Startup means the setting in operation of an affected source or 
portion of an affected source for any purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part and/or (2) the 
permit program established under part 70 of this chapter. The term State 
shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant.
    Test method means the validated procedure for sampling, preparing, 
and analyzing for an air pollutant specified in a relevant standard as 
the performance test procedure. The test method may include methods 
described in an appendix of this chapter, test methods incorporated by 
reference in this part, or methods validated for an application through 
procedures in Method 301 of appendix A of this part.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established to implement title V of the 
Act (42 U.S.C. 7661). A title V permit issued by a State permitting 
authority is called a part 70 permit in this part.
    Visible emission means the observation of an emission of opacity or 
optical density above the threshold of vision.
    Working day means any day on which Federal Government offices (or 
State government offices for a State that has obtained delegation under 
section 112(l)) are open for normal business. Saturdays, Sundays, and 
official Federal (or where delegated, State) holidays are not working 
days.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16596, Apr. 5, 2002; 68 
FR 32600, May 30, 2003; 69 FR 21752, Apr. 22, 2004]



Sec. 63.3  Units and abbreviations.

    Used in this part are abbreviations and symbols of units of measure. 
These are defined as follows:
    (a) System International (SI) units of measure:

A = ampere
g = gram
Hz = hertz
J = joule
[deg]K = degree Kelvin
kg = kilogram
l = liter
m = meter
m\3\ = cubic meter
mg = milligram = 10-3 gram
ml = milliliter = 10-3 liter
mm = millimeter = 10-3 meter
Mg = megagram = 10\6\ gram = metric ton
MJ = megajoule
mol = mole
N = newton
ng = nanogram = 10-9 gram
nm = nanometer = 10-9 meter
Pa = pascal

[[Page 20]]

s = second
V = volt
W = watt
[ohm] = ohm
[micro]g = microgram = 10-6 gram
[micro]l = microliter = 10-6 liter

    (b) Other units of measure:

Btu = British thermal unit
 [deg]C = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard conditions
dscm = dry cubic meter at standard conditions
eq = equivalent
 [deg]F degree Fahrenheit
ft = feet
ft\2\ = square feet
ft\3\ = cubic feet
gal = gallon
gr = grain
g-eq = gram equivalent
g-mole = gram mole
hr = hour
in. = inch
in. H2 O = inches of water
K = 1,000
kcal = kilocalorie
lb = pound
lpm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = parts per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
[deg]R = degree Rankine
scf = cubic feet at standard conditions
scfh = cubic feet at standard conditions per hour
scm = cubic meter at standard conditions
scmm = cubic meter at standard conditions per minute
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd\2\ = square yards
yr = year

    (c) Miscellaneous:

act = actual
avg = average
I.D. = inside diameter
M = molar
N = normal
O.D. = outside diameter
% = percent

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]



Sec. 63.4  Prohibited activities and circumvention.

    (a) Prohibited activities. (1) No owner or operator subject to the 
provisions of this part must operate any affected source in violation of 
the requirements of this part. Affected sources subject to and in 
compliance with either an extension of compliance or an exemption from 
compliance are not in violation of the requirements of this part. An 
extension of compliance can be granted by the Administrator under this 
part; by a State with an approved permit program; or by the President 
under section 112(i)(4) of the Act.
    (2) No owner or operator subject to the provisions of this part 
shall fail to keep records, notify, report, or revise reports as 
required under this part.
    (3)-(5) [Reserved]
    (b) Circumvention. No owner or operator subject to the provisions of 
this part shall build, erect, install, or use any article, machine, 
equipment, or process to conceal an emission that would otherwise 
constitute noncompliance with a relevant standard. Such concealment 
includes, but is not limited to--
    (1) The use of diluents to achieve compliance with a relevant 
standard based on the concentration of a pollutant in the effluent 
discharged to the atmosphere;
    (2) The use of gaseous diluents to achieve compliance with a 
relevant standard for visible emissions; and
    (c) Fragmentation. Fragmentation after November 15, 1990 which 
divides ownership of an operation, within the same facility among 
various owners where there is no real change in control, will not affect 
applicability. The owner and operator must not use fragmentation or 
phasing of reconstruction activities (i.e., intentionally dividing 
reconstruction into multiple parts for purposes of avoiding new source 
requirements) to avoid becoming subject to new source requirements.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]

[[Page 21]]



Sec. 63.5  Preconstruction review and notification requirements.

    (a) Applicability. (1) This section implements the preconstruction 
review requirements of section 112(i)(1). After the effective date of a 
relevant standard, promulgated pursuant to section 112(d), (f), or (h) 
of the Act, under this part, the preconstruction review requirements in 
this section apply to the owner or operator of new affected sources and 
reconstructed affected sources that are major-emitting as specified in 
this section. New and reconstructed affected sources that commence 
construction or reconstruction before the effective date of a relevant 
standard are not subject to the preconstruction review requirements 
specified in paragraphs (b)(3), (d), and (e) of this section.
    (2) This section includes notification requirements for new affected 
sources and reconstructed affected sources that are not major-emitting 
affected sources and that are or become subject to a relevant 
promulgated emission standard after the effective date of a relevant 
standard promulgated under this part.
    (b) Requirements for existing, newly constructed, and reconstructed 
sources. (1) A new affected source for which construction commences 
after proposal of a relevant standard is subject to relevant standards 
for new affected sources, including compliance dates. An affected source 
for which reconstruction commences after proposal of a relevant standard 
is subject to relevant standards for new sources, including compliance 
dates, irrespective of any change in emissions of hazardous air 
pollutants from that source.
    (2) [Reserved]
    (3) After the effective date of any relevant standard promulgated by 
the Administrator under this part, no person may, without obtaining 
written approval in advance from the Administrator in accordance with 
the procedures specified in paragraphs (d) and (e) of this section, do 
any of the following:
    (i) Construct a new affected source that is major-emitting and 
subject to such standard;
    (ii) Reconstruct an affected source that is major-emitting and 
subject to such standard; or
    (iii) Reconstruct a major source such that the source becomes an 
affected source that is major-emitting and subject to the standard.
    (4) After the effective date of any relevant standard promulgated by 
the Administrator under this part, an owner or operator who constructs a 
new affected source that is not major-emitting or reconstructs an 
affected source that is not major-emitting that is subject to such 
standard, or reconstructs a source such that the source becomes an 
affected source subject to the standard, must notify the Administrator 
of the intended construction or reconstruction. The notification must be 
submitted in accordance with the procedures in Sec. 63.9(b).
    (5) [Reserved]
    (6) After the effective date of any relevant standard promulgated by 
the Administrator under this part, equipment added (or a process change) 
to an affected source that is within the scope of the definition of 
affected source under the relevant standard must be considered part of 
the affected source and subject to all provisions of the relevant 
standard established for that affected source.
    (c) [Reserved]
    (d) Application for approval of construction or reconstruction. The 
provisions of this paragraph implement section 112(i)(1) of the Act.
    (1) General application requirements. (i) An owner or operator who 
is subject to the requirements of paragraph (b)(3) of this section must 
submit to the Administrator an application for approval of the 
construction or reconstruction. The application must be submitted as 
soon as practicable before actual construction or reconstruction begins. 
The application for approval of construction or reconstruction may be 
used to fulfill the initial notification requirements of Sec. 
63.9(b)(5). The owner or operator may submit the application for 
approval well in advance of the date actual construction or 
reconstruction begins in order to ensure a timely review by the 
Administrator and that the planned date to begin will not be delayed.

[[Page 22]]

    (ii) A separate application shall be submitted for each construction 
or reconstruction. Each application for approval of construction or 
reconstruction shall include at a minimum:
    (A) The applicant's name and address;
    (B) A notification of intention to construct a new major affected 
source or make any physical or operational change to a major affected 
source that may meet or has been determined to meet the criteria for a 
reconstruction, as defined in Sec. 63.2 or in the relevant standard;
    (C) The address (i.e., physical location) or proposed address of the 
source;
    (D) An identification of the relevant standard that is the basis of 
the application;
    (E) The expected date of the beginning of actual construction or 
reconstruction;
    (F) The expected completion date of the construction or 
reconstruction;
    (G) [Reserved]
    (H) The type and quantity of hazardous air pollutants emitted by the 
source, reported in units and averaging times and in accordance with the 
test methods specified in the relevant standard, or if actual emissions 
data are not yet available, an estimate of the type and quantity of 
hazardous air pollutants expected to be emitted by the source reported 
in units and averaging times specified in the relevant standard. The 
owner or operator may submit percent reduction information if a relevant 
standard is established in terms of percent reduction. However, 
operating parameters, such as flow rate, shall be included in the 
submission to the extent that they demonstrate performance and 
compliance; and
    (I) [Reserved]
    (J) Other information as specified in paragraphs (d)(2) and (d)(3) 
of this section.
    (iii) An owner or operator who submits estimates or preliminary 
information in place of the actual emissions data and analysis required 
in paragraphs (d)(1)(ii)(H) and (d)(2) of this section shall submit the 
actual, measured emissions data and other correct information as soon as 
available but no later than with the notification of compliance status 
required in Sec. 63.9(h) (see Sec. 63.9(h)(5)).
    (2) Application for approval of construction. Each application for 
approval of construction must include, in addition to the information 
required in paragraph (d)(1)(ii) of this section, technical information 
describing the proposed nature, size, design, operating design capacity, 
and method of operation of the source, including an identification of 
each type of emission point for each type of hazardous air pollutant 
that is emitted (or could reasonably be anticipated to be emitted) and a 
description of the planned air pollution control system (equipment or 
method) for each emission point. The description of the equipment to be 
used for the control of emissions must include each control device for 
each hazardous air pollutant and the estimated control efficiency 
(percent) for each control device. The description of the method to be 
used for the control of emissions must include an estimated control 
efficiency (percent) for that method. Such technical information must 
include calculations of emission estimates in sufficient detail to 
permit assessment of the validity of the calculations.
    (3) Application for approval of reconstruction. Each application for 
approval of reconstruction shall include, in addition to the information 
required in paragraph (d)(1)(ii) of this section--
    (i) A brief description of the affected source and the components 
that are to be replaced;
    (ii) A description of present and proposed emission control systems 
(i.e., equipment or methods). The description of the equipment to be 
used for the control of emissions shall include each control device for 
each hazardous air pollutant and the estimated control efficiency 
(percent) for each control device. The description of the method to be 
used for the control of emissions shall include an estimated control 
efficiency (percent) for that method. Such technical information shall 
include calculations of emission estimates in sufficient detail to 
permit assessment of the validity of the calculations;

[[Page 23]]

    (iii) An estimate of the fixed capital cost of the replacements and 
of constructing a comparable entirely new source;
    (iv) The estimated life of the affected source after the 
replacements; and
    (v) A discussion of any economic or technical limitations the source 
may have in complying with relevant standards or other requirements 
after the proposed replacements. The discussion shall be sufficiently 
detailed to demonstrate to the Administrator's satisfaction that the 
technical or economic limitations affect the source's ability to comply 
with the relevant standard and how they do so.
    (vi) If in the application for approval of reconstruction the owner 
or operator designates the affected source as a reconstructed source and 
declares that there are no economic or technical limitations to prevent 
the source from complying with all relevant standards or other 
requirements, the owner or operator need not submit the information 
required in paragraphs (d)(3)(iii) through (d)(3)(v) of this section.
    (4) Additional information. The Administrator may request additional 
relevant information after the submittal of an application for approval 
of construction or reconstruction.
    (e) Approval of construction or reconstruction. (1)(i) If the 
Administrator determines that, if properly constructed, or 
reconstructed, and operated, a new or existing source for which an 
application under paragraph (d) of this section was submitted will not 
cause emissions in violation of the relevant standard(s) and any other 
federally enforceable requirements, the Administrator will approve the 
construction or reconstruction.
    (ii) In addition, in the case of reconstruction, the Administrator's 
determination under this paragraph will be based on:
    (A) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new source;
    (B) The estimated life of the source after the replacements compared 
to the life of a comparable entirely new source;
    (C) The extent to which the components being replaced cause or 
contribute to the emissions from the source; and
    (D) Any economic or technical limitations on compliance with 
relevant standards that are inherent in the proposed replacements.
    (2)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of construction or 
reconstruction within 60 calendar days after receipt of sufficient 
information to evaluate an application submitted under paragraph (d) of 
this section. The 60-day approval or denial period will begin after the 
owner or operator has been notified in writing that his/her application 
is complete. The Administrator will notify the owner or operator in 
writing of the status of his/her application, that is, whether the 
application contains sufficient information to make a determination, 
within 30 calendar days after receipt of the original application and 
within 30 calendar days after receipt of any supplementary information 
that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (3) Before denying any application for approval of construction or 
reconstruction, the Administrator will notify the applicant of the 
Administrator's intention to issue the denial together with--
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for the applicant to present, in writing, 
within 30 calendar days after he/she is notified of the intended denial, 
additional information or arguments to the Administrator to enable 
further action on the application.
    (4) A final determination to deny any application for approval will 
be in writing and will specify the grounds on

[[Page 24]]

which the denial is based. The final determination will be made within 
60 calendar days of presentation of additional information or arguments 
(if the application is complete), or within 60 calendar days after the 
final date specified for presentation if no presentation is made.
    (5) Neither the submission of an application for approval nor the 
Administrator's approval of construction or reconstruction shall--
    (i) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (ii) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (f) Approval of construction or reconstruction based on prior State 
preconstruction review. (1) Preconstruction review procedures that a 
State utilizes for other purposes may also be utilized for purposes of 
this section if the procedures are substantially equivalent to those 
specified in this section. The Administrator will approve an application 
for construction or reconstruction specified in paragraphs (b)(3) and 
(d) of this section if the owner or operator of a new affected source or 
reconstructed affected source, who is subject to such requirement meets 
the following conditions:
    (i) The owner or operator of the new affected source or 
reconstructed affected source has undergone a preconstruction review and 
approval process in the State in which the source is (or would be) 
located and has received a federally enforceable construction permit 
that contains a finding that the source will meet the relevant 
promulgated emission standard, if the source is properly built and 
operated.
    (ii) Provide a statement from the State or other evidence (such as 
State regulations) that it considered the factors specified in paragraph 
(e)(1) of this section.
    (2) The owner or operator must submit to the Administrator the 
request for approval of construction or reconstruction under this 
paragraph (f)(2) no later than the application deadline specified in 
paragraph (d)(1) of this section (see also Sec. 63.9(b)(2)). The owner 
or operator must include in the request information sufficient for the 
Administrator's determination. The Administrator will evaluate the owner 
or operator's request in accordance with the procedures specified in 
paragraph (e) of this section. The Administrator may request additional 
relevant information after the submittal of a request for approval of 
construction or reconstruction under this paragraph (f)(2).

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]



Sec. 63.6  Compliance with standards and maintenance requirements.

    (a) Applicability.
    (1) The requirements in this section apply to the owner or operator 
of affected sources for which any relevant standard has been established 
pursuant to section 112 of the Act and the applicability of such 
requirements is set out in accordance with Sec. 63.1(a)(4) unless--
    (i) The Administrator (or a State with an approved permit program) 
has granted an extension of compliance consistent with paragraph (i) of 
this section; or
    (ii) The President has granted an exemption from compliance with any 
relevant standard in accordance with section 112(i)(4) of the Act.
    (2) If an area source that otherwise would be subject to an emission 
standard or other requirement established under this part if it were a 
major source subsequently increases its emissions of hazardous air 
pollutants (or its potential to emit hazardous air pollutants) such that 
the source is a major source, such source shall be subject to the 
relevant emission standard or other requirement.
    (b) Compliance dates for new and reconstructed sources. (1) Except 
as specified in paragraphs (b)(3) and (4) of this section, the owner or 
operator of a new or reconstructed affected source for which 
construction or reconstruction commences after proposal of a relevant 
standard that has an initial startup before the effective date of a 
relevant standard established under this part pursuant to section 
112(d), (f), or (h) of the Act must comply with such standard not later 
than the standard's effective date.

[[Page 25]]

    (2) Except as specified in paragraphs (b)(3) and (4) of this 
section, the owner or operator of a new or reconstructed affected source 
that has an initial startup after the effective date of a relevant 
standard established under this part pursuant to section 112(d), (f), or 
(h) of the Act must comply with such standard upon startup of the 
source.
    (3) The owner or operator of an affected source for which 
construction or reconstruction is commenced after the proposal date of a 
relevant standard established under this part pursuant to section 
112(d), 112(f), or 112(h) of the Act but before the effective date (that 
is, promulgation) of such standard shall comply with the relevant 
emission standard not later than the date 3 years after the effective 
date if:
    (i) The promulgated standard (that is, the relevant standard) is 
more stringent than the proposed standard; for purposes of this 
paragraph, a finding that controls or compliance methods are ``more 
stringent'' must include control technologies or performance criteria 
and compliance or compliance assurance methods that are different but 
are substantially equivalent to those required by the promulgated rule, 
as determined by the Administrator (or his or her authorized 
representative); and
    (ii) The owner or operator complies with the standard as proposed 
during the 3-year period immediately after the effective date.
    (4) The owner or operator of an affected source for which 
construction or reconstruction is commenced after the proposal date of a 
relevant standard established pursuant to section 112(d) of the Act but 
before the proposal date of a relevant standard established pursuant to 
section 112(f) shall not be required to comply with the section 112(f) 
emission standard until the date 10 years after the date construction or 
reconstruction is commenced, except that, if the section 112(f) standard 
is promulgated more than 10 years after construction or reconstruction 
is commenced, the owner or operator must comply with the standard as 
provided in paragraphs (b)(1) and (2) of this section.
    (5) The owner or operator of a new source that is subject to the 
compliance requirements of paragraph (b)(3) or (4) of this section must 
notify the Administrator in accordance with Sec. 63.9(d)
    (6) [Reserved]
    (7) When an area source becomes a major source by the addition of 
equipment or operations that meet the definition of new affected source 
in the relevant standard, the portion of the existing facility that is a 
new affected source must comply with all requirements of that standard 
applicable to new sources. The source owner or operator must comply with 
the relevant standard upon startup.
    (c) Compliance dates for existing sources. (1) After the effective 
date of a relevant standard established under this part pursuant to 
section 112(d) or 112(h) of the Act, the owner or operator of an 
existing source shall comply with such standard by the compliance date 
established by the Administrator in the applicable subpart(s) of this 
part. Except as otherwise provided for in section 112 of the Act, in no 
case will the compliance date established for an existing source in an 
applicable subpart of this part exceed 3 years after the effective date 
of such standard.
    (2) If an existing source is subject to a standard established under 
this part pursuant to section 112(f) of the Act, the owner or operator 
must comply with the standard by the date 90 days after the standard's 
effective date, or by the date specified in an extension granted to the 
source by the Administrator under paragraph (i)(4)(ii) of this section, 
whichever is later.
    (3)-(4) [Reserved]
    (5) Except as provided in paragraph (b)(7) of this section, the 
owner or operator of an area source that increases its emissions of (or 
its potential to emit) hazardous air pollutants such that the source 
becomes a major source shall be subject to relevant standards for 
existing sources. Such sources must comply by the date specified in the 
standards for existing area sources that become major sources. If no 
such compliance date is specified in the standards, the source shall 
have a period of time to comply with the relevant emission standard that 
is equivalent to the compliance period specified in the relevant 
standard for existing

[[Page 26]]

sources in existence at the time the standard becomes effective.
    (d) [Reserved]
    (e) Operation and maintenance requirements.
    (1)(i) At all times, including periods of startup, shutdown, and 
malfunction, the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. During a 
period of startup, shutdown, or malfunction, this general duty to 
minimize emissions requires that the owner or operator reduce emissions 
from the affected source to the greatest extent which is consistent with 
safety and good air pollution control practices. The general duty to 
minimize emissions during a period of startup, shutdown, or malfunction 
does not require the owner or operator to achieve emission levels that 
would be required by the applicable standard at other times if this is 
not consistent with safety and good air pollution control practices, nor 
does it require the owner or operator to make any further efforts to 
reduce emissions if levels required by the applicable standard have been 
achieved. Determination of whether such operation and maintenance 
procedures are being used will be based on information available to the 
Administrator which may include, but is not limited to, monitoring 
results, review of operation and maintenance procedures (including the 
startup, shutdown, and malfunction plan required in paragraph (e)(3) of 
this section), review of operation and maintenance records, and 
inspection of the source.
    (ii) Malfunctions must be corrected as soon as practicable after 
their occurrence in accordance with the startup, shutdown, and 
malfunction plan required in paragraph (e)(3) of this section. To the 
extent that an unexpected event arises during a startup, shutdown, or 
malfunction, an owner or operator must comply by minimizing emissions 
during such a startup, shutdown, and malfunction event consistent with 
safety and good air pollution control practices.
    (iii) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable independent of emissions 
limitations or other requirements in relevant standards.
    (2) [Reserved]
    (3) Startup, shutdown, and malfunction plan. (i) The owner or 
operator of an affected source must develop and implement a written 
startup, shutdown, and malfunction plan that describes, in detail, 
procedures for operating and maintaining the source during periods of 
startup, shutdown, and malfunction, and a program of corrective action 
for malfunctioning process and air pollution control and monitoring 
equipment used to comply with the relevant standard. This plan must be 
developed by the owner or operator by the source's compliance date for 
that relevant standard. The purpose of the startup, shutdown, and 
malfunction plan is to--
    (A) Ensure that, at all times, the owner or operator operates and 
maintains each affected source, including associated air pollution 
control and monitoring equipment, in a manner which satisfies the 
general duty to minimize emissions established by paragraph (e)(1)(i) of 
this section;
    (B) Ensure that owners or operators are prepared to correct 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of hazardous air pollutants; and
    (C) Reduce the reporting burden associated with periods of startup, 
shutdown, and malfunction (including corrective action taken to restore 
malfunctioning process and air pollution control equipment to its normal 
or usual manner of operation).
    (ii) During periods of startup, shutdown, and malfunction, the owner 
or operator of an affected source must operate and maintain such source 
(including associated air pollution control and monitoring equipment) in 
accordance with the procedures specified in the startup, shutdown, and 
malfunction plan developed under paragraph (e)(3)(i) of this section.
    (iii) When actions taken by the owner or operator during a startup, 
shutdown, or malfunction (including actions taken to correct a 
malfunction) are

[[Page 27]]

consistent with the procedures specified in the affected source's 
startup, shutdown, and malfunction plan, the owner or operator must keep 
records for that event which demonstrate that the procedures specified 
in the plan were followed. These records may take the form of a 
``checklist,'' or other effective form of recordkeeping that confirms 
conformance with the startup, shutdown, and malfunction plan for that 
event. In addition, the owner or operator must keep records of these 
events as specified in Sec. 63.10(b), including records of the 
occurrence and duration of each startup, shutdown, or malfunction of 
operation and each malfunction of the air pollution control and 
monitoring equipment. Furthermore, the owner or operator shall confirm 
that actions taken during the relevant reporting period during periods 
of startup, shutdown, and malfunction were consistent with the affected 
source's startup, shutdown and malfunction plan in the semiannual (or 
more frequent) startup, shutdown, and malfunction report required in 
Sec. 63.10(d)(5).
    (iv) If an action taken by the owner or operator during a startup, 
shutdown, or malfunction (including an action taken to correct a 
malfunction) is not consistent with the procedures specified in the 
affected source's startup, shutdown, and malfunction plan, and the 
source exceeds any applicable emission limitation in the relevant 
emission standard, then the owner or operator must record the actions 
taken for that event and must report such actions within 2 working days 
after commencing actions inconsistent with the plan, followed by a 
letter within 7 working days after the end of the event, in accordance 
with Sec. 63.10(d)(5) (unless the owner or operator makes alternative 
reporting arrangements, in advance, with the Administrator).
    (v) The owner or operator must maintain at the affected source a 
current startup, shutdown, and malfunction plan and must make the plan 
available upon request for inspection and copying by the Administrator. 
In addition, if the startup, shutdown, and malfunction plan is 
subsequently revised as provided in paragraph (e)(3)(viii) of this 
section, the owner or operator must maintain at the affected source each 
previous (i.e., superseded) version of the startup, shutdown, and 
malfunction plan, and must make each such previous version available for 
inspection and copying by the Administrator for a period of 5 years 
after revision of the plan. If at any time after adoption of a startup, 
shutdown, and malfunction plan the affected source ceases operation or 
is otherwise no longer subject to the provisions of this part, the owner 
or operator must retain a copy of the most recent plan for 5 years from 
the date the source ceases operation or is no longer subject to this 
part and must make the plan available upon request for inspection and 
copying by the Administrator. The Administrator may at any time request 
in writing that the owner or operator submit a copy of any startup, 
shutdown, and malfunction plan (or a portion thereof) which is 
maintained at the affected source or in the possession of the owner or 
operator. Upon receipt of such a request, the owner or operator must 
promptly submit a copy of the requested plan (or a portion thereof) to 
the Administrator. The Administrator must request that the owner or 
operator submit a particular startup, shutdown, or malfunction plan (or 
a portion thereof) whenever a member of the public submits a specific 
and reasonable request to examine or to receive a copy of that plan or 
portion of a plan. The owner or operator may elect to submit the 
required copy of any startup, shutdown, and malfunction plan to the 
Administrator in an electronic format. If the owner or operator claims 
that any portion of such a startup, shutdown, and malfunction plan is 
confidential business information entitled to protection from disclosure 
under section 114(c) of the Act or 40 CFR 2.301, the material which is 
claimed as confidential must be clearly designated in the submission.
    (vi) To satisfy the requirements of this section to develop a 
startup, shutdown, and malfunction plan, the owner or operator may use 
the affected source's standard operating procedures (SOP) manual, or an 
Occupational Safety and Health Administration

[[Page 28]]

(OSHA) or other plan, provided the alternative plans meet all the 
requirements of this section and are made available for inspection or 
submitted when requested by the Administrator.
    (vii) Based on the results of a determination made under paragraph 
(e)(1)(i) of this section, the Administrator may require that an owner 
or operator of an affected source make changes to the startup, shutdown, 
and malfunction plan for that source. The Administrator must require 
appropriate revisions to a startup, shutdown, and malfunction plan, if 
the Administrator finds that the plan:
    (A) Does not address a startup, shutdown, or malfunction event that 
has occurred;
    (B) Fails to provide for the operation of the source (including 
associated air pollution control and monitoring equipment) during a 
startup, shutdown, or malfunction event in a manner consistent with the 
general duty to minimize emissions established by paragraph (e)(1)(i) of 
this section;
    (C) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control and monitoring 
equipment as quickly as practicable; or
    (D) Includes an event that does not meet the definition of startup, 
shutdown, or malfunction listed in Sec. 63.2.
    (viii) The owner or operator may periodically revise the startup, 
shutdown, and malfunction plan for the affected source as necessary to 
satisfy the requirements of this part or to reflect changes in equipment 
or procedures at the affected source. Unless the permitting authority 
provides otherwise, the owner or operator may make such revisions to the 
startup, shutdown, and malfunction plan without prior approval by the 
Administrator or the permitting authority. However, each such revision 
to a startup, shutdown, and malfunction plan must be reported in the 
semiannual report required by Sec. 63.10(d)(5). If the startup, 
shutdown, and malfunction plan fails to address or inadequately 
addresses an event that meets the characteristics of a malfunction but 
was not included in the startup, shutdown, and malfunction plan at the 
time the owner or operator developed the plan, the owner or operator 
must revise the startup, shutdown, and malfunction plan within 45 days 
after the event to include detailed procedures for operating and 
maintaining the source during similar malfunction events and a program 
of corrective action for similar malfunctions of process or air 
pollution control and monitoring equipment. In the event that the owner 
or operator makes any revision to the startup, shutdown, and malfunction 
plan which alters the scope of the activities at the source which are 
deemed to be a startup, shutdown, or malfunction, or otherwise modifies 
the applicability of any emission limit, work practice requirement, or 
other requirement in a standard established under this part, the revised 
plan shall not take effect until after the owner or operator has 
provided a written notice describing the revision to the permitting 
authority.
    (ix) The title V permit for an affected source must require that the 
owner or operator adopt a startup, shutdown, and malfunction plan which 
conforms to the provisions of this part, and that the owner or operator 
operate and maintain the source in accordance with the procedures 
specified in the current startup, shutdown, and malfunction plan. 
However, any revisions made to the startup, shutdown, and malfunction 
plan in accordance with the procedures established by this part shall 
not be deemed to constitute permit revisions under part 70 or part 71 of 
this chapter. Moreover, none of the procedures specified by the startup, 
shutdown, and malfunction plan for an affected source shall be deemed to 
fall within the permit shield provision in section 504(f) of the Act.
    (f) Compliance with nonopacity emission standards-- (1) 
Applicability. The non-opacity emission standards set forth in this part 
shall apply at all times except during periods of startup, shutdown, and 
malfunction, and as otherwise specified in an applicable subpart. If a 
startup, shutdown, or malfunction of one portion of an affected source 
does not affect the ability of particular emission points within other 
portions of the affected source to comply with the non-opacity emission 
standards set forth in this part, then

[[Page 29]]

that emission point must still be required to comply with the non-
opacity emission standards and other applicable requirements.
    (2) Methods for determining compliance. (i) The Administrator will 
determine compliance with nonopacity emission standards in this part 
based on the results of performance tests conducted according to the 
procedures in Sec. 63.7, unless otherwise specified in an applicable 
subpart of this part.
    (ii) The Administrator will determine compliance with nonopacity 
emission standards in this part by evaluation of an owner or operator's 
conformance with operation and maintenance requirements, including the 
evaluation of monitoring data, as specified in Sec. 63.6(e) and 
applicable subparts of this part.
    (iii) If an affected source conducts performance testing at startup 
to obtain an operating permit in the State in which the source is 
located, the results of such testing may be used to demonstrate 
compliance with a relevant standard if--
    (A) The performance test was conducted within a reasonable amount of 
time before an initial performance test is required to be conducted 
under the relevant standard;
    (B) The performance test was conducted under representative 
operating conditions for the source;
    (C) The performance test was conducted and the resulting data were 
reduced using EPA-approved test methods and procedures, as specified in 
Sec. 63.7(e) of this subpart; and
    (D) The performance test was appropriately quality-assured, as 
specified in Sec. 63.7(c).
    (iv) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards in this part 
by review of records, inspection of the source, and other procedures 
specified in applicable subparts of this part.
    (v) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards in this part 
by evaluation of an owner or operator's conformance with operation and 
maintenance requirements, as specified in paragraph (e) of this section 
and applicable subparts of this part.
    (3) Finding of compliance. The Administrator will make a finding 
concerning an affected source's compliance with a non-opacity emission 
standard, as specified in paragraphs (f)(1) and (2) of this section, 
upon obtaining all the compliance information required by the relevant 
standard (including the written reports of performance test results, 
monitoring results, and other information, if applicable), and 
information available to the Administrator pursuant to paragraph 
(e)(1)(i) of this section.
    (g) Use of an alternative nonopacity emission standard. (1) If, in 
the Administrator's judgment, an owner or operator of an affected source 
has established that an alternative means of emission limitation will 
achieve a reduction in emissions of a hazardous air pollutant from an 
affected source at least equivalent to the reduction in emissions of 
that pollutant from that source achieved under any design, equipment, 
work practice, or operational emission standard, or combination thereof, 
established under this part pursuant to section 112(h) of the Act, the 
Administrator will publish in the Federal Register a notice permitting 
the use of the alternative emission standard for purposes of compliance 
with the promulgated standard. Any Federal Register notice under this 
paragraph shall be published only after the public is notified and given 
the opportunity to comment. Such notice will restrict the permission to 
the stationary source(s) or category(ies) of sources from which the 
alternative emission standard will achieve equivalent emission 
reductions. The Administrator will condition permission in such notice 
on requirements to assure the proper operation and maintenance of 
equipment and practices required for compliance with the alternative 
emission standard and other requirements, including appropriate quality 
assurance and quality control requirements, that are deemed necessary.
    (2) An owner or operator requesting permission under this paragraph 
shall, unless otherwise specified in an applicable subpart, submit a 
proposed test plan or the results of testing and monitoring in 
accordance with Sec. 63.7 and Sec. 63.8, a description of the 
procedures

[[Page 30]]

followed in testing or monitoring, and a description of pertinent 
conditions during testing or monitoring. Any testing or monitoring 
conducted to request permission to use an alternative nonopacity 
emission standard shall be appropriately quality assured and quality 
controlled, as specified in Sec. 63.7 and Sec. 63.8.
    (3) The Administrator may establish general procedures in an 
applicable subpart that accomplish the requirements of paragraphs (g)(1) 
and (g)(2) of this section.
    (h) Compliance with opacity and visible emission standards--(1) 
Applicability. The opacity and visible emission standards set forth in 
this part must apply at all times except during periods of startup, 
shutdown, and malfunction, and as otherwise specified in an applicable 
subpart. If a startup, shutdown, or malfunction of one portion of an 
affected source does not affect the ability of particular emission 
points within other portions of the affected source to comply with the 
opacity and visible emission standards set forth in this part, then that 
emission point shall still be required to comply with the opacity and 
visible emission standards and other applicable requirements.
    (2) Methods for determining compliance. (i) The Administrator will 
determine compliance with opacity and visible emission standards in this 
part based on the results of the test method specified in an applicable 
subpart. Whenever a continuous opacity monitoring system (COMS) is 
required to be installed to determine compliance with numerical opacity 
emission standards in this part, compliance with opacity emission 
standards in this part shall be determined by using the results from the 
COMS. Whenever an opacity emission test method is not specified, 
compliance with opacity emission standards in this part shall be 
determined by conducting observations in accordance with Test Method 9 
in appendix A of part 60 of this chapter or the method specified in 
paragraph (h)(7)(ii) of this section. Whenever a visible emission test 
method is not specified, compliance with visible emission standards in 
this part shall be determined by conducting observations in accordance 
with Test Method 22 in appendix A of part 60 of this chapter.
    (ii) [Reserved]
    (iii) If an affected source undergoes opacity or visible emission 
testing at startup to obtain an operating permit in the State in which 
the source is located, the results of such testing may be used to 
demonstrate compliance with a relevant standard if--
    (A) The opacity or visible emission test was conducted within a 
reasonable amount of time before a performance test is required to be 
conducted under the relevant standard;
    (B) The opacity or visible emission test was conducted under 
representative operating conditions for the source;
    (C) The opacity or visible emission test was conducted and the 
resulting data were reduced using EPA-approved test methods and 
procedures, as specified in Sec. 63.7(e); and
    (D) The opacity or visible emission test was appropriately quality-
assured, as specified in Sec. 63.7(c) of this section.
    (3) [Reserved]
    (4) Notification of opacity or visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting opacity or visible 
emission observations in accordance with Sec. 63.9(f), if such 
observations are required for the source by a relevant standard.
    (5) Conduct of opacity or visible emission observations. When a 
relevant standard under this part includes an opacity or visible 
emission standard, the owner or operator of an affected source shall 
comply with the following:
    (i) For the purpose of demonstrating initial compliance, opacity or 
visible emission observations shall be conducted concurrently with the 
initial performance test required in Sec. 63.7 unless one of the 
following conditions applies:
    (A) If no performance test under Sec. 63.7 is required, opacity or 
visible emission observations shall be conducted within 60 days after 
achieving the maximum production rate at which a new or reconstructed 
source will be operated, but not later than 120 days after initial 
startup of the source, or within 120

[[Page 31]]

days after the effective date of the relevant standard in the case of 
new sources that start up before the standard's effective date. If no 
performance test under Sec. 63.7 is required, opacity or visible 
emission observations shall be conducted within 120 days after the 
compliance date for an existing or modified source; or
    (B) If visibility or other conditions prevent the opacity or visible 
emission observations from being conducted concurrently with the initial 
performance test required under Sec. 63.7, or within the time period 
specified in paragraph (h)(5)(i)(A) of this section, the source's owner 
or operator shall reschedule the opacity or visible emission 
observations as soon after the initial performance test, or time period, 
as possible, but not later than 30 days thereafter, and shall advise the 
Administrator of the rescheduled date. The rescheduled opacity or 
visible emission observations shall be conducted (to the extent 
possible) under the same operating conditions that existed during the 
initial performance test conducted under Sec. 63.7. The visible 
emissions observer shall determine whether visibility or other 
conditions prevent the opacity or visible emission observations from 
being made concurrently with the initial performance test in accordance 
with procedures contained in Test Method 9 or Test Method 22 in appendix 
A of part 60 of this chapter.
    (ii) For the purpose of demonstrating initial compliance, the 
minimum total time of opacity observations shall be 3 hours (30 6-minute 
averages) for the performance test or other required set of observations 
(e.g., for fugitive-type emission sources subject only to an opacity 
emission standard).
    (iii) The owner or operator of an affected source to which an 
opacity or visible emission standard in this part applies shall conduct 
opacity or visible emission observations in accordance with the 
provisions of this section, record the results of the evaluation of 
emissions, and report to the Administrator the opacity or visible 
emission results in accordance with the provisions of Sec. 63.10(d).
    (iv) [Reserved]
    (v) Opacity readings of portions of plumes that contain condensed, 
uncombined water vapor shall not be used for purposes of determining 
compliance with opacity emission standards.
    (6) Availability of records. The owner or operator of an affected 
source shall make available, upon request by the Administrator, such 
records that the Administrator deems necessary to determine the 
conditions under which the visual observations were made and shall 
provide evidence indicating proof of current visible observer emission 
certification.
    (7) Use of a continuous opacity monitoring system. (i) The owner or 
operator of an affected source required to use a continuous opacity 
monitoring system (COMS) shall record the monitoring data produced 
during a performance test required under Sec. 63.7 and shall furnish 
the Administrator a written report of the monitoring results in 
accordance with the provisions of Sec. 63.10(e)(4).
    (ii) Whenever an opacity emission test method has not been specified 
in an applicable subpart, or an owner or operator of an affected source 
is required to conduct Test Method 9 observations (see appendix A of 
part 60 of this chapter), the owner or operator may submit, for 
compliance purposes, COMS data results produced during any performance 
test required under Sec. 63.7 in lieu of Method 9 data. If the owner or 
operator elects to submit COMS data for compliance with the opacity 
emission standard, he or she shall notify the Administrator of that 
decision, in writing, simultaneously with the notification under Sec. 
63.7(b) of the date the performance test is scheduled to begin. Once the 
owner or operator of an affected source has notified the Administrator 
to that effect, the COMS data results will be used to determine opacity 
compliance during subsequent performance tests required under Sec. 
63.7, unless the owner or operator notifies the Administrator in writing 
to the contrary not later than with the notification under Sec. 63.7(b) 
of the date the subsequent performance test is scheduled to begin.
    (iii) For the purposes of determining compliance with the opacity 
emission standard during a performance test required under Sec. 63.7 
using COMS data,

[[Page 32]]

the COMS data shall be reduced to 6-minute averages over the duration of 
the mass emission performance test.
    (iv) The owner or operator of an affected source using a COMS for 
compliance purposes is responsible for demonstrating that he/she has 
complied with the performance evaluation requirements of Sec. 63.8(e), 
that the COMS has been properly maintained, operated, and data quality-
assured, as specified in Sec. 63.8(c) and Sec. 63.8(d), and that the 
resulting data have not been altered in any way.
    (v) Except as provided in paragraph (h)(7)(ii) of this section, the 
results of continuous monitoring by a COMS that indicate that the 
opacity at the time visual observations were made was not in excess of 
the emission standard are probative but not conclusive evidence of the 
actual opacity of an emission, provided that the affected source proves 
that, at the time of the alleged violation, the instrument used was 
properly maintained, as specified in Sec. 63.8(c), and met Performance 
Specification 1 in appendix B of part 60 of this chapter, and that the 
resulting data have not been altered in any way.
    (8) Finding of compliance. The Administrator will make a finding 
concerning an affected source's compliance with an opacity or visible 
emission standard upon obtaining all the compliance information required 
by the relevant standard (including the written reports of the results 
of the performance tests required by Sec. 63.7, the results of Test 
Method 9 or another required opacity or visible emission test method, 
the observer certification required by paragraph (h)(6) of this section, 
and the continuous opacity monitoring system results, whichever is/are 
applicable) and any information available to the Administrator needed to 
determine whether proper operation and maintenance practices are being 
used.
    (9) Adjustment to an opacity emission standard. (i) If the 
Administrator finds under paragraph (h)(8) of this section that an 
affected source is in compliance with all relevant standards for which 
initial performance tests were conducted under Sec. 63.7, but during 
the time such performance tests were conducted fails to meet any 
relevant opacity emission standard, the owner or operator of such source 
may petition the Administrator to make appropriate adjustment to the 
opacity emission standard for the affected source. Until the 
Administrator notifies the owner or operator of the appropriate 
adjustment, the relevant opacity emission standard remains applicable.
    (ii) The Administrator may grant such a petition upon a 
demonstration by the owner or operator that--
    (A) The affected source and its associated air pollution control 
equipment were operated and maintained in a manner to minimize the 
opacity of emissions during the performance tests;
    (B) The performance tests were performed under the conditions 
established by the Administrator; and
    (C) The affected source and its associated air pollution control 
equipment were incapable of being adjusted or operated to meet the 
relevant opacity emission standard.
    (iii) The Administrator will establish an adjusted opacity emission 
standard for the affected source meeting the above requirements at a 
level at which the source will be able, as indicated by the performance 
and opacity tests, to meet the opacity emission standard at all times 
during which the source is meeting the mass or concentration emission 
standard. The Administrator will promulgate the new opacity emission 
standard in the Federal Register.
    (iv) After the Administrator promulgates an adjusted opacity 
emission standard for an affected source, the owner or operator of such 
source shall be subject to the new opacity emission standard, and the 
new opacity emission standard shall apply to such source during any 
subsequent performance tests.
    (i) Extension of compliance with emission standards. (1) Until an 
extension of compliance has been granted by the Administrator (or a 
State with an approved permit program) under this paragraph, the owner 
or operator of an affected source subject to the requirements of this 
section shall comply with all applicable requirements of this part.
    (2) Extension of compliance for early reductions and other 
reductions--(i) Early

[[Page 33]]

reductions. Pursuant to section 112(i)(5) of the Act, if the owner or 
operator of an existing source demonstrates that the source has achieved 
a reduction in emissions of hazardous air pollutants in accordance with 
the provisions of subpart D of this part, the Administrator (or the 
State with an approved permit program) will grant the owner or operator 
an extension of compliance with specific requirements of this part, as 
specified in subpart D.
    (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if 
the owner or operator of an existing source has installed best available 
control technology (BACT) (as defined in section 169(3) of the Act) or 
technology required to meet a lowest achievable emission rate (LAER) (as 
defined in section 171 of the Act) prior to the promulgation of an 
emission standard in this part applicable to such source and the same 
pollutant (or stream of pollutants) controlled pursuant to the BACT or 
LAER installation, the Administrator will grant the owner or operator an 
extension of compliance with such emission standard that will apply 
until the date 5 years after the date on which such installation was 
achieved, as determined by the Administrator.
    (3) Request for extension of compliance. Paragraphs (i)(4) through 
(i)(7) of this section concern requests for an extension of compliance 
with a relevant standard under this part (except requests for an 
extension of compliance under paragraph (i)(2)(i) of this section will 
be handled through procedures specified in subpart D of this part).
    (4)(i)(A) The owner or operator of an existing source who is unable 
to comply with a relevant standard established under this part pursuant 
to section 112(d) of the Act may request that the Administrator (or a 
State, when the State has an approved part 70 permit program and the 
source is required to obtain a part 70 permit under that program, or a 
State, when the State has been delegated the authority to implement and 
enforce the emission standard for that source) grant an extension 
allowing the source up to 1 additional year to comply with the standard, 
if such additional period is necessary for the installation of controls. 
An additional extension of up to 3 years may be added for mining waste 
operations, if the 1-year extension of compliance is insufficient to dry 
and cover mining waste in order to reduce emissions of any hazardous air 
pollutant. The owner or operator of an affected source who has requested 
an extension of compliance under this paragraph and who is otherwise 
required to obtain a title V permit shall apply for such permit or apply 
to have the source's title V permit revised to incorporate the 
conditions of the extension of compliance. The conditions of an 
extension of compliance granted under this paragraph will be 
incorporated into the affected source's title V permit according to the 
provisions of part 70 or Federal title V regulations in this chapter (42 
U.S.C. 7661), whichever are applicable.
    (B) Any request under this paragraph for an extension of compliance 
with a relevant standard must be submitted in writing to the appropriate 
authority no later than 120 days prior to the affected source's 
compliance date (as specified in paragraphs (b) and (c) of this 
section), except as provided for in paragraph (i)(4)(i)(C) of this 
section. Nonfrivolous requests submitted under this paragraph will stay 
the applicability of the rule as to the emission points in question 
until such time as the request is granted or denied. A denial will be 
effective as of the date of denial. Emission standards established under 
this part may specify alternative dates for the submittal of requests 
for an extension of compliance if alternatives are appropriate for the 
source categories affected by those standards.
    (C) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (i)(4)(i)(B) of this section 
provided the need for the compliance extension arose after that date, 
and before the otherwise applicable compliance date and the need arose 
due to circumstances beyond reasonable control of the owner or operator. 
This request must include, in addition to the information required in 
paragraph (i)(6)(i) of this section, a statement of the reasons 
additional time is needed and the date when the owner or operator first 
learned of the problems. Nonfrivolous

[[Page 34]]

requests submitted under this paragraph will stay the applicability of 
the rule as to the emission points in question until such time as the 
request is granted or denied. A denial will be effective as of the 
original compliance date.
    (ii) The owner or operator of an existing source unable to comply 
with a relevant standard established under this part pursuant to section 
112(f) of the Act may request that the Administrator grant an extension 
allowing the source up to 2 years after the standard's effective date to 
comply with the standard. The Administrator may grant such an extension 
if he/she finds that such additional period is necessary for the 
installation of controls and that steps will be taken during the period 
of the extension to assure that the health of persons will be protected 
from imminent endangerment. Any request for an extension of compliance 
with a relevant standard under this paragraph must be submitted in 
writing to the Administrator not later than 90 calendar days after the 
effective date of the relevant standard.
    (5) The owner or operator of an existing source that has installed 
BACT or technology required to meet LAER [as specified in paragraph 
(i)(2)(ii) of this section] prior to the promulgation of a relevant 
emission standard in this part may request that the Administrator grant 
an extension allowing the source 5 years from the date on which such 
installation was achieved, as determined by the Administrator, to comply 
with the standard. Any request for an extension of compliance with a 
relevant standard under this paragraph shall be submitted in writing to 
the Administrator not later than 120 days after the promulgation date of 
the standard. The Administrator may grant such an extension if he or she 
finds that the installation of BACT or technology to meet LAER controls 
the same pollutant (or stream of pollutants) that would be controlled at 
that source by the relevant emission standard.
    (6)(i) The request for a compliance extension under paragraph (i)(4) 
of this section shall include the following information:
    (A) A description of the controls to be installed to comply with the 
standard;
    (B) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates shall 
include:
    (1) The date by which on-site construction, installation of emission 
control equipment, or a process change is planned to be initiated; and
    (2) The date by which final compliance is to be achieved.
    (3) The date by which on-site construction, installation of emission 
control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved;
    (C)--(D)
    (ii) The request for a compliance extension under paragraph (i)(5) 
of this section shall include all information needed to demonstrate to 
the Administrator's satisfaction that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (7) Advice on requesting an extension of compliance may be obtained 
from the Administrator (or the State with an approved permit program).
    (8) Approval of request for extension of compliance. Paragraphs 
(i)(9) through (i)(14) of this section concern approval of an extension 
of compliance requested under paragraphs (i)(4) through (i)(6) of this 
section.
    (9) Based on the information provided in any request made under 
paragraphs (i)(4) through (i)(6) of this section, or other information, 
the Administrator (or the State with an approved permit program) may 
grant an extension of compliance with an emission standard, as specified 
in paragraphs (i)(4) and (i)(5) of this section.
    (10) The extension will be in writing and will--
    (i) Identify each affected source covered by the extension;
    (ii) Specify the termination date of the extension;
    (iii) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;

[[Page 35]]

    (iv) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests); and
    (v)(A) Under paragraph (i)(4), specify any additional conditions 
that the Administrator (or the State) deems necessary to assure 
installation of the necessary controls and protection of the health of 
persons during the extension period; or
    (B) Under paragraph (i)(5), specify any additional conditions that 
the Administrator deems necessary to assure the proper operation and 
maintenance of the installed controls during the extension period.
    (11) The owner or operator of an existing source that has been 
granted an extension of compliance under paragraph (i)(10) of this 
section may be required to submit to the Administrator (or the State 
with an approved permit program) progress reports indicating whether the 
steps toward compliance outlined in the compliance schedule have been 
reached. The contents of the progress reports and the dates by which 
they shall be submitted will be specified in the written extension of 
compliance granted under paragraph (i)(10) of this section.
    (12)(i) The Administrator (or the State with an approved permit 
program) will notify the owner or operator in writing of approval or 
intention to deny approval of a request for an extension of compliance 
within 30 calendar days after receipt of sufficient information to 
evaluate a request submitted under paragraph (i)(4)(i) or (i)(5) of this 
section. The Administrator (or the State) will notify the owner or 
operator in writing of the status of his/her application, that is, 
whether the application contains sufficient information to make a 
determination, within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that is submitted. The 30-day approval or 
denial period will begin after the owner or operator has been notified 
in writing that his/her application is complete.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, the 
Administrator (or the State with an approved permit program) will notify 
the owner or operator in writing of the Administrator's (or the State's) 
intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator (or the State) before further action on the request.
    (iv) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth the specific grounds 
on which the denial is based. The final determination will be made 
within 30 calendar days after presentation of additional information or 
argument (if the application is complete), or within 30 calendar days 
after the final date specified for the presentation if no presentation 
is made.
    (13)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of a request for an 
extension of compliance within 30 calendar days after receipt of 
sufficient information to evaluate a request submitted under paragraph 
(i)(4)(ii) of this section. The 30-day approval or denial period will 
begin after the owner or operator has been notified in writing that his/
her application is complete. The Administrator (or the State) will 
notify the owner or operator in writing of the status of his/her 
application, that is, whether the application contains sufficient 
information to make a determination, within 15 calendar days after 
receipt of the original application and within 15 calendar days after 
receipt of any supplementary information that is submitted.

[[Page 36]]

    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 15 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, the 
Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator before further action on the request.
    (iv) A final determination to deny any request for an extension will 
be in writing and will set forth the specific grounds on which the 
denial is based. The final determination will be made within 30 calendar 
days after presentation of additional information or argument (if the 
application is complete), or within 30 calendar days after the final 
date specified for the presentation if no presentation is made.
    (14) The Administrator (or the State with an approved permit 
program) may terminate an extension of compliance at an earlier date 
than specified if any specification under paragraph (i)(10)(iii) or (iv) 
of this section is not met. Upon a determination to terminate, the 
Administrator will notify, in writing, the owner or operator of the 
Administrator's determination to terminate, together with:
    (i) Notice of the reason for termination; and
    (ii) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
determination to terminate, additional information or arguments to the 
Administrator before further action on the termination.
    (iii) A final determination to terminate an extension of compliance 
will be in writing and will set forth the specific grounds on which the 
termination is based. The final determination will be made within 30 
calendar days after presentation of additional information or arguments, 
or within 30 calendar days after the final date specified for the 
presentation if no presentation is made.
    (15) [Reserved]
    (16) The granting of an extension under this section shall not 
abrogate the Administrator's authority under section 114 of the Act.
    (j) Exemption from compliance with emission standards. The President 
may exempt any stationary source from compliance with any relevant 
standard established pursuant to section 112 of the Act for a period of 
not more than 2 years if the President determines that the technology to 
implement such standard is not available and that it is in the national 
security interests of the United States to do so. An exemption under 
this paragraph may be extended for 1 or more additional periods, each 
period not to exceed 2 years.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16599, Apr. 5, 2002; 68 
FR 32600, May 30, 2003]



Sec. 63.7  Performance testing requirements.

    (a) Applicability and performance test dates. (1) The applicability 
of this section is set out in Sec. 63.1(a)(4).
    (2) If required to do performance testing by a relevant standard, 
and unless a waiver of performance testing is obtained under this 
section or the conditions of paragraph (c)(3)(ii)(B) of this section 
apply, the owner or operator of the affected source must perform such 
tests within 180 days of the compliance date for such source.
    (i)-(viii) [Reserved]
    (ix) When an emission standard promulgated under this part is more 
stringent than the standard proposed (see Sec. 63.6(b)(3)), the owner 
or operator of a new or reconstructed source subject to that standard 
for which construction or reconstruction is commenced between the 
proposal and promulgation dates of the standard shall comply with 
performance testing requirements

[[Page 37]]

within 180 days after the standard's effective date, or within 180 days 
after startup of the source, whichever is later. If the promulgated 
standard is more stringent than the proposed standard, the owner or 
operator may choose to demonstrate compliance with either the proposed 
or the promulgated standard. If the owner or operator chooses to comply 
with the proposed standard initially, the owner or operator shall 
conduct a second performance test within 3 years and 180 days after the 
effective date of the standard, or after startup of the source, 
whichever is later, to demonstrate compliance with the promulgated 
standard.
    (3) The Administrator may require an owner or operator to conduct 
performance tests at the affected source at any other time when the 
action is authorized by section 114 of the Act.
    (b) Notification of performance test. (1) The owner or operator of 
an affected source must notify the Administrator in writing of his or 
her intention to conduct a performance test at least 60 calendar days 
before the performance test is initially scheduled to begin to allow the 
Administrator, upon request, to review an approve the site-specific test 
plan required under paragraph (c) of this section and to have an 
observer present during the test.
    (2) In the event the owner or operator is unable to conduct the 
performance test on the date specified in the notification requirement 
specified in paragraph (b)(1) of this section due to unforeseeable 
circumstances beyond his or her control, the owner or operator must 
notify the Administrator as soon as practicable and without delay prior 
to the scheduled performance test date and specify the date when the 
performance test is rescheduled. This notification of delay in 
conducting the performance test shall not relieve the owner or operator 
of legal responsibility for compliance with any other applicable 
provisions of this part or with any other applicable Federal, State, or 
local requirement, nor will it prevent the Administrator from 
implementing or enforcing this part or taking any other action under the 
Act.
    (c) Quality assurance program. (1) The results of the quality 
assurance program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of a performance test.
    (2)(i) Submission of site-specific test plan. Before conducting a 
required performance test, the owner or operator of an affected source 
shall develop and, if requested by the Administrator, shall submit a 
site-specific test plan to the Administrator for approval. The test plan 
shall include a test program summary, the test schedule, data quality 
objectives, and both an internal and external quality assurance (QA) 
program. Data quality objectives are the pretest expectations of 
precision, accuracy, and completeness of data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of test data precision; an example of internal QA is the 
sampling and analysis of replicate samples.
    (iii) The external QA program shall include, at a minimum, 
application of plans for a test method performance audit (PA) during the 
performance test. The PA's consist of blind audit samples provided by 
the Administrator and analyzed during the performance test in order to 
provide a measure of test data bias. The external QA program may also 
include systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (iv) The owner or operator of an affected source shall submit the 
site-specific test plan to the Administrator upon the Administrator's 
request at least 60 calendar days before the performance test is 
scheduled to take place, that is, simultaneously with the notification 
of intention to conduct a performance test required under paragraph (b) 
of this section, or on a mutually agreed upon date.
    (v) The Administrator may request additional relevant information 
after the submittal of a site-specific test plan.
    (3) Approval of site-specific test plan. (i) The Administrator will 
notify the

[[Page 38]]

owner or operator of approval or intention to deny approval of the site-
specific test plan (if review of the site-specific test plan is 
requested) within 30 calendar days after receipt of the original plan 
and within 30 calendar days after receipt of any supplementary 
information that is submitted under paragraph (c)(3)(i)(B) of this 
section. Before disapproving any site-specific test plan, the 
Administrator will notify the applicant of the Administrator's intention 
to disapprove the plan together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present, 
within 30 calendar days after he/she is notified of the intended 
disapproval, additional information to the Administrator before final 
action on the plan.
    (ii) In the event that the Administrator fails to approve or 
disapprove the site-specific test plan within the time period specified 
in paragraph (c)(3)(i) of this section, the following conditions shall 
apply:
    (A) If the owner or operator intends to demonstrate compliance using 
the test method(s) specified in the relevant standard or with only minor 
changes to those tests methods (see paragraph (e)(2)(i) of this 
section), the owner or operator must conduct the performance test within 
the time specified in this section using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to any test method specified in the relevant 
standard, the owner or operator is authorized to conduct the performance 
test using an alternative test method after the Administrator approves 
the use of the alternative method when the Administrator approves the 
site-specific test plan (if review of the site-specific test plan is 
requested) or after the alternative method is approved (see paragraph 
(f) of this section). However, the owner or operator is authorized to 
conduct the performance test using an alternative method in the absence 
of notification of approval 45 days after submission of the site-
specific test plan or request to use an alternative method. The owner or 
operator is authorized to conduct the performance test within 60 
calendar days after he/she is authorized to demonstrate compliance using 
an alternative test method. Notwithstanding the requirements in the 
preceding three sentences, the owner or operator may proceed to conduct 
the performance test as required in this section (without the 
Administrator's prior approval of the site-specific test plan) if he/she 
subsequently chooses to use the specified testing and monitoring methods 
instead of an alternative.
    (iii) Neither the submission of a site-specific test plan for 
approval, nor the Administrator's approval or disapproval of a plan, nor 
the Administrator's failure to approve or disapprove a plan in a timely 
manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (4)(i) Performance test method audit program. The owner or operator 
must analyze performance audit (PA) samples during each performance 
test. The owner or operator must request performance audit materials 30 
days prior to the test date. Audit materials including cylinder audit 
gases may be obtained by contacting the appropriate EPA Regional Office 
or the responsible enforcement authority.
    (ii) The Administrator will have sole discretion to require any 
subsequent remedial actions of the owner or operator based on the PA 
results.
    (iii) If the Administrator fails to provide required PA materials to 
an owner or operator of an affected source in time to analyze the PA 
samples during a performance test, the requirement to conduct a PA under 
this paragraph shall be waived for such source for that performance 
test. Waiver under this paragraph of the requirement to conduct a PA for 
a particular performance test does not constitute a waiver of the 
requirement to conduct a PA for future required performance tests.
    (d) Performance testing facilities. If required to do performance 
testing, the

[[Page 39]]

owner or operator of each new source and, at the request of the 
Administrator, the owner or operator of each existing source, shall 
provide performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes:
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.
    (e) Conduct of performance tests. (1) Performance tests shall be 
conducted under such conditions as the Administrator specifies to the 
owner or operator based on representative performance (i.e., performance 
based on normal operating conditions) of the affected source. Operations 
during periods of startup, shutdown, and malfunction shall not 
constitute representative conditions for the purpose of a performance 
test, nor shall emissions in excess of the level of the relevant 
standard during periods of startup, shutdown, and malfunction be 
considered a violation of the relevant standard unless otherwise 
specified in the relevant standard or a determination of noncompliance 
is made under Sec. 63.6(e). Upon request, the owner or operator shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (2) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
section, in each relevant standard, and, if required, in applicable 
appendices of parts 51, 60, 61, and 63 of this chapter unless the 
Administrator--
    (i) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology (see definition in Sec. 
63.90(a)). Such changes may be approved in conjunction with approval of 
the site-specific test plan (see paragraph (c) of this section); or
    (ii) Approves the use of an intermediate or major change or 
alternative to a test method (see definitions in Sec. 63.90(a)), the 
results of which the Administrator has determined to be adequate for 
indicating whether a specific affected source is in compliance; or
    (iii) Approves shorter sampling times or smaller sample volumes when 
necessitated by process variables or other factors; or
    (iv) Waives the requirement for performance tests because the owner 
or operator of an affected source has demonstrated by other means to the 
Administrator's satisfaction that the affected source is in compliance 
with the relevant standard.
    (3) Unless otherwise specified in a relevant standard or test 
method, each performance test shall consist of three separate runs using 
the applicable test method. Each run shall be conducted for the time and 
under the conditions specified in the relevant standard. For the purpose 
of determining compliance with a relevant standard, the arithmetic mean 
of the results of the three runs shall apply. Upon receiving approval 
from the Administrator, results of a test run may be replaced with 
results of an additional test run in the event that--
    (i) A sample is accidentally lost after the testing team leaves the 
site; or
    (ii) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (iii) Extreme meteorological conditions occur; or
    (iv) Other circumstances occur that are beyond the owner or 
operator's control.
    (4) Nothing in paragraphs (e)(1) through (e)(3) of this section 
shall be construed to abrogate the Administrator's authority to require 
testing under section 114 of the Act.
    (f) Use of an alternative test method--(1)General. Until authorized 
to use an intermediate or major change or alternative to a test method, 
the owner or operator of an affected source remains

[[Page 40]]

subject to the requirements of this section and the relevant standard.
    (2) The owner or operator of an affected source required to do 
performance testing by a relevant standard may use an alternative test 
method from that specified in the standard provided that the owner or 
operator--
    (i) Notifies the Administrator of his or her intention to use an 
alternative test method at least 60 days before the performance test is 
scheduled to begin;
    (ii) Uses Method 301 in appendix A of this part to validate the 
alternative test method. This may include the use of specific procedures 
of Method 301 if use of such procedures are sufficient to validate the 
alternative test method; and
    (iii) Submits the results of the Method 301 validation process along 
with thnotification of intention and the justification for not using the 
specified test method. The owner or operator may submit the information 
required in this paragraph well in advance of the deadline specified in 
paragraph (f)(2)(i) of this section to ensure a timely review by the 
Administrator in order to meet the performance test date specified in 
this section or the relevant standard.
    (3) The Administrator will determine whether the owner or operator's 
validation of the proposed alternative test method is adequate and issue 
an approval or disapproval of the alternative test method. If the owner 
or operator intends to demonstrate compliance by using an alternative to 
any test method specified in the relevant standard, the owner or 
operator is authorized to conduct the performance test using an 
alternative test method after the Administrator approves the use of the 
alternative method. However, the owner or operator is authorized to 
conduct the performance test using an alternative method in the absence 
of notification of approval/disapproval 45 days after submission of the 
request to use an alternative method and the request satisfies the 
requirements in paragraph (f)(2) of this section. The owner or operator 
is authorized to conduct the performance test within 60 calendar days 
after he/she is authorized to demonstrate compliance using an 
alternative test method. Notwithstanding the requirements in the 
preceding three sentences, the owner or operator may proceed to conduct 
the performance test as required in this section (without the 
Administrator's prior approval of the site-specific test plan) if he/she 
subsequently chooses to use the specified testing and monitoring methods 
instead of an alternative.
    (4) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative test method for the purposes of 
demonstrating compliance with a relevant standard, the Administrator may 
require the use of a test method specified in a relevant standard.
    (5) If the owner or operator uses an alternative test method for an 
affected source during a required performance test, the owner or 
operator of such source shall continue to use the alternative test 
method for subsequent performance tests at that affected source until he 
or she receives approval from the Administrator to use another test 
method as allowed under Sec. 63.7(f).
    (6) Neither the validation and approval process nor the failure to 
validate an alternative test method shall abrogate the owner or 
operator's responsibility to comply with the requirements of this part.
    (g) Data analysis, recordkeeping, and reporting. (1) Unless 
otherwise specified in a relevant standard or test method, or as 
otherwise approved by the Administrator in writing, results of a 
performance test shall include the analysis of samples, determination of 
emissions, and raw data. A performance test is ``completed'' when field 
sample collection is terminated. The owner or operator of an affected 
source shall report the results of the performance test to the 
Administrator before the close of business on the 60th day following the 
completion of the performance test, unless specified otherwise in a 
relevant standard or as approved otherwise in writing by the 
Administrator (see Sec. 63.9(i)). The results of the performance test 
shall be submitted as part of the notification of compliance status 
required under Sec. 63.9(h). Before a title V permit has been issued to 
the owner or operator of an affected source, the owner or operator shall 
send the results of the performance

[[Page 41]]

test to the Administrator. After a title V permit has been issued to the 
owner or operator of an affected source, the owner or operator shall 
send the results of the performance test to the appropriate permitting 
authority.
    (2) [Reserved]
    (3) For a minimum of 5 years after a performance test is conducted, 
the owner or operator shall retain and make available, upon request, for 
inspection by the Administrator the records or results of such 
performance test and other data needed to determine emissions from an 
affected source.
    (h) Waiver of performance tests. (1) Until a waiver of a performance 
testing requirement has been granted by the Administrator under this 
paragraph, the owner or operator of an affected source remains subject 
to the requirements of this section.
    (2) Individual performance tests may be waived upon written 
application to the Administrator if, in the Administrator's judgment, 
the source is meeting the relevant standard(s) on a continuous basis, or 
the source is being operated under an extension of compliance, or the 
owner or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) Request to waive a performance test. (i) If a request is made 
for an extension of compliance under Sec. 63.6(i), the application for 
a waiver of an initial performance test shall accompany the information 
required for the request for an extension of compliance. If no extension 
of compliance is requested or if the owner or operator has requested an 
extension of compliance and the Administrator is still considering that 
request, the application for a waiver of an initial performance test 
shall be submitted at least 60 days before the performance test if the 
site-specific test plan under paragraph (c) of this section is not 
submitted.
    (ii) If an application for a waiver of a subsequent performance test 
is made, the application may accompany any required compliance progress 
report, compliance status report, or excess emissions and continuous 
monitoring system performance report [such as those required under Sec. 
63.6(i), Sec. 63.9(h), and Sec. 63.10(e) or specified in a relevant 
standard or in the source's title V permit], but it shall be submitted 
at least 60 days before the performance test if the site-specific test 
plan required under paragraph (c) of this section is not submitted.
    (iii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the affected source performing the required test.
    (4) Approval of request to waive performance test. The Administrator 
will approve or deny a request for a waiver of a performance test made 
under paragraph (h)(3) of this section when he/she--
    (i) Approves or denies an extension of compliance under Sec. 
63.6(i)(8); or
    (ii) Approves or disapproves a site-specific test plan under Sec. 
63.7(c)(3); or
    (iii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.

[59 FR 12430, Mar. 16, 1994, as amended at 65 FR 62215, Oct. 17, 2000; 
67 FR 16602, Apr. 5, 2002]



Sec. 63.8  Monitoring requirements.

    (a) Applicability. (1) The applicability of this section is set out 
in Sec. 63.1(a)(4).
    (2) For the purposes of this part, all CMS required under relevant 
standards shall be subject to the provisions of this section upon 
promulgation of performance specifications for CMS as specified in the 
relevant standard or otherwise by the Administrator.
    (3) [Reserved]

[[Page 42]]

    (4) Additional monitoring requirements for control devices used to 
comply with provisions in relevant standards of this part are specified 
in Sec. 63.11.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and the relevant standard(s) unless the 
Administrator--
    (i) Specifies or approves the use of minor changes in methodology 
for the specified monitoring requirements and procedures (see Sec. 
63.90(a) for definition); or
    (ii) Approves the use of an intermediate or major change or 
alternative to any monitoring requirements or procedures (see Sec. 
63.90(a) for definition).
    (iii) Owners or operators with flares subject to Sec. 63.11(b) are 
not subject to the requirements of this section unless otherwise 
specified in the relevant standard.
    (2)(i) When the emissions from two or more affected sources are 
combined before being released to the atmosphere, the owner or operator 
may install an applicable CMS for each emission stream or for the 
combined emissions streams, provided the monitoring is sufficient to 
demonstrate compliance with the relevant standard.
    (ii) If the relevant standard is a mass emission standard and the 
emissions from one affected source are released to the atmosphere 
through more than one point, the owner or operator must install an 
applicable CMS at each emission point unless the installation of fewer 
systems is--
    (A) Approved by the Administrator; or
    (B) Provided for in a relevant standard (e.g., instead of requiring 
that a CMS be installed at each emission point before the effluents from 
those points are channeled to a common control device, the standard 
specifies that only one CMS is required to be installed at the vent of 
the control device).
    (3) When more than one CMS is used to measure the emissions from one 
affected source (e.g., multiple breechings, multiple outlets), the owner 
or operator shall report the results as required for each CMS. However, 
when one CMS is used as a backup to another CMS, the owner or operator 
shall report the results from the CMS used to meet the monitoring 
requirements of this part. If both such CMS are used during a particular 
reporting period to meet the monitoring requirements of this part, then 
the owner or operator shall report the results from each CMS for the 
relevant compliance period.
    (c) Operation and maintenance of continuous monitoring systems. (1) 
The owner or operator of an affected source shall maintain and operate 
each CMS as specified in this section, or in a relevant standard, and in 
a manner consistent with good air pollution control practices.(i) The 
owner or operator of an affected source must maintain and operate each 
CMS as specified in Sec. 63.6(e)(1).
    (ii) The owner or operator must keep the necessary parts for routine 
repairs of the affected CMS equipment readily available.
    (iii) The owner or operator of an affected source must develop and 
implement a written startup, shutdown, and malfunction plan for CMS as 
specified in Sec. 63.6(e)(3).
    (2)(i) All CMS must be installed such that representative measures 
of emissions or process parameters from the affected source are 
obtained. In addition, CEMS must be located according to procedures 
contained in the applicable performance specification(s).
    (ii) Unless the individual subpart states otherwise, the owner or 
operator must ensure the read out (that portion of the CMS that provides 
a visual display or record), or other indication of operation, from any 
CMS required for compliance with the emission standard is readily 
accessible on site for operational control or inspection by the operator 
of the equipment.
    (3) All CMS shall be installed, operational, and the data verified 
as specified in the relevant standard either prior to or in conjunction 
with conducting performance tests under Sec. 63.7. Verification of 
operational status shall, at a minimum, include completion of the 
manufacturer's written specifications or recommendations for 
installation, operation, and calibration of the system.
    (4) Except for system breakdowns, out-of-control periods, repairs, 
maintenance periods, calibration checks, and

[[Page 43]]

zero (low-level) and high-level calibration drift adjustments, all CMS, 
including COMS and CEMS, shall be in continuous operation and shall meet 
minimum frequency of operation requirements as follows:
    (i) All COMS shall complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (ii) All CEMS for measuring emissions other than opacity shall 
complete a minimum of one cycle of operation (sampling, analyzing, and 
data recording) for each successive 15-minute period.
    (5) Unless otherwise approved by the Administrator, minimum 
procedures for COMS shall include a method for producing a simulated 
zero opacity condition and an upscale (high-level) opacity condition 
using a certified neutral density filter or other related technique to 
produce a known obscuration of the light beam. Such procedures shall 
provide a system check of all the analyzer's internal optical surfaces 
and all electronic circuitry, including the lamp and photodetector 
assembly normally used in the measurement of opacity.
    (6) The owner or operator of a CMS that is not a CPMS, which is 
installed in accordance with the provisions of this part and the 
applicable CMS performance specification(s), must check the zero (low-
level) and high-level calibration drifts at least once daily in 
accordance with the written procedure specified in the performance 
evaluation plan developed under paragraphs (e)(3)(i) and (ii) of this 
section. The zero (low-level) and high-level calibration drifts must be 
adjusted, at a minimum, whenever the 24-hour zero (low-level) drift 
exceeds two times the limits of the applicable performance 
specification(s) specified in the relevant standard. The system shall 
allow the amount of excess zero (low-level) and high-level drift 
measured at the 24-hour interval checks to be recorded and quantified 
whenever specified. For COMS, all optical and instrumental surfaces 
exposed to the effluent gases must be cleaned prior to performing the 
zero (low-level) and high-level drift adjustments; the optical surfaces 
and instrumental surfaces must be cleaned when the cumulative automatic 
zero compensation, if applicable, exceeds 4 percent opacity. The CPMS 
must be calibrated prior to use for the purposes of complying with this 
section. The CPMS must be checked daily for indication that the system 
is responding. If the CPMS system includes an internal system check, 
results must be recorded and checked daily for proper operation.
    (7)(i) A CMS is out of control if--
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift (CD) exceeds two times the applicable CD specification 
in the applicable performance specification or in the relevant standard; 
or
    (B) The CMS fails a performance test audit (e.g., cylinder gas 
audit), relative accuracy audit, relative accuracy test audit, or 
linearity test audit; or
    (C) The COMS CD exceeds two times the limit in the applicable 
performance specification in the relevant standard.
    (ii) When the CMS is out of control, the owner or operator of the 
affected source shall take the necessary corrective action and shall 
repeat all necessary tests which indicate that the system is out of 
control. The owner or operator shall take corrective action and conduct 
retesting until the performance requirements are below the applicable 
limits. The beginning of the out-of-control period is the hour the owner 
or operator conducts a performance check (e.g., calibration drift) that 
indicates an exceedance of the performance requirements established 
under this part. The end of the out-of-control period is the hour 
following the completion of corrective action and successful 
demonstration that the system is within the allowable limits. During the 
period the CMS is out of control, recorded data shall not be used in 
data averages and calculations, or to meet any data availability 
requirement established under this part.
    (8) The owner or operator of a CMS that is out of control as defined 
in paragraph (c)(7) of this section shall submit all information 
concerning out-of-control periods, including start and end dates and 
hours and descriptions of corrective actions taken, in the excess 
emissions and continuous monitoring

[[Page 44]]

system performance report required in Sec. 63.10(e)(3).
    (d) Quality control program. (1) The results of the quality control 
program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of monitoring data.
    (2) The owner or operator of an affected source that is required to 
use a CMS and is subject to the monitoring requirements of this section 
and a relevant standard shall develop and implement a CMS quality 
control program. As part of the quality control program, the owner or 
operator shall develop and submit to the Administrator for approval upon 
request a site-specific performance evaluation test plan for the CMS 
performance evaluation required in paragraph (e)(3)(i) of this section, 
according to the procedures specified in paragraph (e). In addition, 
each quality control program shall include, at a minimum, a written 
protocol that describes procedures for each of the following operations:
    (i) Initial and any subsequent calibration of the CMS;
    (ii) Determination and adjustment of the calibration drift of the 
CMS;
    (iii) Preventive maintenance of the CMS, including spare parts 
inventory;
    (iv) Data recording, calculations, and reporting;
    (v) Accuracy audit procedures, including sampling and analysis 
methods; and
    (vi) Program of corrective action for a malfunctioning CMS.
    (3) The owner or operator shall keep these written procedures on 
record for the life of the affected source or until the affected source 
is no longer subject to the provisions of this part, to be made 
available for inspection, upon request, by the Administrator. If the 
performance evaluation plan is revised, the owner or operator shall keep 
previous (i.e., superseded) versions of the performance evaluation plan 
on record to be made available for inspection, upon request, by the 
Administrator, for a period of 5 years after each revision to the plan. 
Where relevant, e.g., program of corrective action for a malfunctioning 
CMS, these written procedures may be incorporated as part of the 
affected source's startup, shutdown, and malfunction plan to avoid 
duplication of planning and recordkeeping efforts.
    (e) Performance evaluation of continuous monitoring systems--(1) 
General. When required by a relevant standard, and at any other time the 
Administrator may require under section 114 of the Act, the owner or 
operator of an affected source being monitored shall conduct a 
performance evaluation of the CMS. Such performance evaluation shall be 
conducted according to the applicable specifications and procedures 
described in this section or in the relevant standard.
    (2) Notification of performance evaluation. The owner or operator 
shall notify the Administrator in writing of the date of the performance 
evaluation simultaneously with the notification of the performance test 
date required under Sec. 63.7(b) or at least 60 days prior to the date 
the performance evaluation is scheduled to begin if no performance test 
is required.
    (3)(i) Submission of site-specific performance evaluation test plan. 
Before conducting a required CMS performance evaluation, the owner or 
operator of an affected source shall develop and submit a site-specific 
performance evaluation test plan to the Administrator for approval upon 
request. The performance evaluation test plan shall include the 
evaluation program objectives, an evaluation program summary, the 
performance evaluation schedule, data quality objectives, and both an 
internal and external QA program. Data quality objectives are the pre-
evaluation expectations of precision, accuracy, and completeness of 
data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of CMS performance. The external QA program shall include, at 
a minimum, systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (iii) The owner or operator of an affected source shall submit the 
site-specific performance evaluation test plan to the Administrator (if 
requested) at

[[Page 45]]

least 60 days before the performance test or performance evaluation is 
scheduled to begin, or on a mutually agreed upon date, and review and 
approval of the performance evaluation test plan by the Administrator 
will occur with the review and approval of the site-specific test plan 
(if review of the site-specific test plan is requested).
    (iv) The Administrator may request additional relevant information 
after the submittal of a site-specific performance evaluation test plan.
    (v) In the event that the Administrator fails to approve or 
disapprove the site-specific performance evaluation test plan within the 
time period specified in Sec. 63.7(c)(3), the following conditions 
shall apply:
    (A) If the owner or operator intends to demonstrate compliance using 
the monitoring method(s) specified in the relevant standard, the owner 
or operator shall conduct the performance evaluation within the time 
specified in this subpart using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to a monitoring method specified in the relevant 
standard, the owner or operator shall refrain from conducting the 
performance evaluation until the Administrator approves the use of the 
alternative method. If the Administrator does not approve the use of the 
alternative method within 30 days before the performance evaluation is 
scheduled to begin, the performance evaluation deadlines specified in 
paragraph (e)(4) of this section may be extended such that the owner or 
operator shall conduct the performance evaluation within 60 calendar 
days after the Administrator approves the use of the alternative method. 
Notwithstanding the requirements in the preceding two sentences, the 
owner or operator may proceed to conduct the performance evaluation as 
required in this section (without the Administrator's prior approval of 
the site-specific performance evaluation test plan) if he/she 
subsequently chooses to use the specified monitoring method(s) instead 
of an alternative.
    (vi) Neither the submission of a site-specific performance 
evaluation test plan for approval, nor the Administrator's approval or 
disapproval of a plan, nor the Administrator's failure to approve or 
disapprove a plan in a timely manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (4) Conduct of performance evaluation and performance evaluation 
dates. The owner or operator of an affected source shall conduct a 
performance evaluation of a required CMS during any performance test 
required under Sec. 63.7 in accordance with the applicable performance 
specification as specified in the relevant standard. Notwithstanding the 
requirement in the previous sentence, if the owner or operator of an 
affected source elects to submit COMS data for compliance with a 
relevant opacity emission standard as provided under Sec. 63.6(h)(7), 
he/she shall conduct a performance evaluation of the COMS as specified 
in the relevant standard, before the performance test required under 
Sec. 63.7 is conducted in time to submit the results of the performance 
evaluation as specified in paragraph (e)(5)(ii) of this section. If a 
performance test is not required, or the requirement for a performance 
test has been waived under Sec. 63.7(h), the owner or operator of an 
affected source shall conduct the performance evaluation not later than 
180 days after the appropriate compliance date for the affected source, 
as specified in Sec. 63.7(a), or as otherwise specified in the relevant 
standard.
    (5) Reporting performance evaluation results. (i) The owner or 
operator shall furnish the Administrator a copy of a written report of 
the results of the performance evaluation simultaneously with the 
results of the performance test required under Sec. 63.7 or within 60 
days of completion of the performance evaluation if no test is required, 
unless otherwise specified in a relevant standard. The Administrator may 
request that the owner or operator submit the raw data from a 
performance evaluation in the report of the performance evaluation 
results.

[[Page 46]]

    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation under this paragraph. The 
copies shall be provided at least 15 calendar days before the 
performance test required under Sec. 63.7 is conducted.
    (f) Use of an alternative monitoring method.--(1) General. Until 
permission to use an alternative monitoring procedure (minor, 
intermediate, or major changes; see definition in Sec. 63.90(a)) has 
been granted by the Administrator under this paragraph (f)(1), the owner 
or operator of an affected source remains subject to the requirements of 
this section and the relevant standard.
    (2) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring methods or 
procedures of this part including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS 
specified by a relevant standard would not provide accurate measurements 
due to liquid water or other interferences caused by substances within 
the effluent gases;
    (ii) Alternative monitoring requirements when the affected source is 
infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that 
require additional measurements to correct for stack moisture 
conditions;
    (iv) Alternative locations for installing CMS when the owner or 
operator can demonstrate that installation at alternate locations will 
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration 
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases 
or test cells;
    (vii) Alternatives to the American Society for Testing and Materials 
(ASTM) test methods or sampling procedures specified by any relevant 
standard;
    (viii) Alternative CMS that do not meet the design or performance 
requirements in this part, but adequately demonstrate a definite and 
consistent relationship between their measurements and the measurements 
of opacity by a system complying with the requirements as specified in 
the relevant standard. The Administrator may require that such 
demonstration be performed for each affected source; or
    (ix) Alternative monitoring requirements when the effluent from a 
single affected source or the combined effluent from two or more 
affected sources is released to the atmosphere through more than one 
point.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, requirement, or 
procedure, the Administrator may require the use of a method, 
requirement, or procedure specified in this section or in the relevant 
standard. If the results of the specified and alternative method, 
requirement, or procedure do not agree, the results obtained by the 
specified method, requirement, or procedure shall prevail.
    (4)(i) Request to use alternative monitoring procedure. An owner or 
operator who wishes to use an alternative monitoring procedure must 
submit an application to the Administrator as described in paragraph 
(f)(4)(ii) of this section. The application may be submitted at any time 
provided that the monitoring procedure is not the performance test 
method used to demonstrate compliance with a relevant standard or other 
requirement. If the alternative monitoring procedure will serve as the 
performance test method that is to be used to demonstrate compliance 
with a relevant standard, the application must be submitted at least 60 
days before the performance evaluation is scheduled to begin and must 
meet the requirements for an alternative test method under Sec. 
63.7(f).
    (ii) The application must contain a description of the proposed 
alternative monitoring system which addresses the four elements 
contained in the definition of monitoring in Sec. 63.2 and a 
performance evaluation test plan, if required, as specified in paragraph 
(e)(3)

[[Page 47]]

of this section. In addition, the application must include information 
justifying the owner or operator's request for an alternative monitoring 
method, such as the technical or economic infeasibility, or the 
impracticality, of the affected source using the required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (f)(4)(i) above to ensure a timely review by the Administrator 
in order to meet the compliance demonstration date specified in this 
section or the relevant standard.
    (iv) Application for minor changes to monitoring procedures, as 
specified in paragraph (b)(1) of this section, may be made in the site-
specific performance evaluation plan.
    (5) Approval of request to use alternative monitoring procedure.
    (i) The Administrator will notify the owner or operator of approval 
or intention to deny approval of the request to use an alternative 
monitoring method within 30 calendar days after receipt of the original 
request and within 30 calendar days after receipt of any supplementary 
information that is submitted. If a request for a minor change is made 
in conjunction with site-specific performance evaluation plan, then 
approval of the plan will constitute approval of the minor change. 
Before disapproving any request to use an alternative monitoring method, 
the Administrator will notify the applicant of the Administrator's 
intention to disapprove the request together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) The Administrator may establish general procedures and criteria 
in a relevant standard to accomplish the requirements of paragraph 
(f)(5)(i) of this section.
    (iii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (f)(5)(i) of 
this section, the owner or operator of such source shall continue to use 
the alternative monitoring method until he or she receives approval from 
the Administrator to use another monitoring method as allowed by Sec. 
63.8(f).
    (6) Alternative to the relative accuracy test. An alternative to the 
relative accuracy test for CEMS specified in a relevant standard may be 
requested as follows:
    (i) Criteria for approval of alternative procedures. An alternative 
to the test method for determining relative accuracy is available for 
affected sources with emission rates demonstrated to be less than 50 
percent of the relevant standard. The owner or operator of an affected 
source may petition the Administrator under paragraph (f)(6)(ii) of this 
section to substitute the relative accuracy test in section 7 of 
Performance Specification 2 with the procedures in section 10 if the 
results of a performance test conducted according to the requirements in 
Sec. 63.7, or other tests performed following the criteria in Sec. 
63.7, demonstrate that the emission rate of the pollutant of interest in 
the units of the relevant standard is less than 50 percent of the 
relevant standard. For affected sources subject to emission limitations 
expressed as control efficiency levels, the owner or operator may 
petition the Administrator to substitute the relative accuracy test with 
the procedures in section 10 of Performance Specification 2 if the 
control device exhaust emission rate is less than 50 percent of the 
level needed to meet the control efficiency requirement. The alternative 
procedures do not apply if the CEMS is used continuously to determine 
compliance with the relevant standard.
    (ii) Petition to use alternative to relative accuracy test. The 
petition to use an alternative to the relative accuracy test shall 
include a detailed description

[[Page 48]]

of the procedures to be applied, the location and the procedure for 
conducting the alternative, the concentration or response levels of the 
alternative relative accuracy materials, and the other equipment checks 
included in the alternative procedure(s). The Administrator will review 
the petition for completeness and applicability. The Administrator's 
determination to approve an alternative will depend on the intended use 
of the CEMS data and may require specifications more stringent than in 
Performance Specification 2.
    (iii) Rescission of approval to use alternative to relative accuracy 
test. The Administrator will review the permission to use an alternative 
to the CEMS relative accuracy test and may rescind such permission if 
the CEMS data from a successful completion of the alternative relative 
accuracy procedure indicate that the affected source's emissions are 
approaching the level of the relevant standard. The criterion for 
reviewing the permission is that the collection of CEMS data shows that 
emissions have exceeded 70 percent of the relevant standard for any 
averaging period, as specified in the relevant standard. For affected 
sources subject to emission limitations expressed as control efficiency 
levels, the criterion for reviewing the permission is that the 
collection of CEMS data shows that exhaust emissions have exceeded 70 
percent of the level needed to meet the control efficiency requirement 
for any averaging period, as specified in the relevant standard. The 
owner or operator of the affected source shall maintain records and 
determine the level of emissions relative to the criterion for 
permission to use an alternative for relative accuracy testing. If this 
criterion is exceeded, the owner or operator shall notify the 
Administrator within 10 days of such occurrence and include a 
description of the nature and cause of the increased emissions. The 
Administrator will review the notification and may rescind permission to 
use an alternative and require the owner or operator to conduct a 
relative accuracy test of the CEMS as specified in section 7 of 
Performance Specification 2.
    (g) Reduction of monitoring data. (1) The owner or operator of each 
CMS must reduce the monitoring data as specified in paragraphs (g)(1) 
through (5) of this section.
    (2) The owner or operator of each COMS shall reduce all data to 6-
minute averages calculated from 36 or more data points equally spaced 
over each 6-minute period. Data from CEMS for measurement other than 
opacity, unless otherwise specified in the relevant standard, shall be 
reduced to 1-hour averages computed from four or more data points 
equally spaced over each 1-hour period, except during periods when 
calibration, quality assurance, or maintenance activities pursuant to 
provisions of this part are being performed. During these periods, a 
valid hourly average shall consist of at least two data points with each 
representing a 15-minute period. Alternatively, an arithmetic or 
integrated 1-hour average of CEMS data may be used. Time periods for 
averaging are defined in Sec. 63.2.
    (3) The data may be recorded in reduced or nonreduced form (e.g., 
ppm pollutant and percent O2 or ng/J of pollutant).
    (4) All emission data shall be converted into units of the relevant 
standard for reporting purposes using the conversion procedures 
specified in that standard. After conversion into units of the relevant 
standard, the data may be rounded to the same number of significant 
digits as used in that standard to specify the emission limit (e.g., 
rounded to the nearest 1 percent opacity).
    (5) Monitoring data recorded during periods of unavoidable CMS 
breakdowns, out-of-control periods, repairs, maintenance periods, 
calibration checks, and zero (low-level) and high-level adjustments must 
not be included in any data average computed under this part. For the 
owner or operator complying with the requirements of Sec. 
63.10(b)(2)(vii)(A) or (B), data averages must include any data recorded 
during periods of monitor breakdown or malfunction.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 
FR 16603, Apr. 5, 2002]

[[Page 49]]



Sec. 63.9  Notification requirements.

    (a) Applicability and general information. (1) The applicability of 
this section is set out in Sec. 63.1(a)(4).
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a notice that contains all the information 
required in a notification listed in this section, the owner or operator 
may send the Administrator a copy of the notice sent to the State to 
satisfy the requirements of this section for that notification.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce notification requirements established under this part, the 
owner or operator of an affected source in such State subject to such 
requirements shall submit notifications to the appropriate Regional 
Office of the EPA (to the attention of the Director of the Division 
indicated in the list of the EPA Regional Offices in Sec. 63.13).
    (ii) After a State has been delegated the authority to implement and 
enforce notification requirements established under this part, the owner 
or operator of an affected source in such State subject to such 
requirements shall submit notifications to the delegated State authority 
(which may be the same as the permitting authority). In addition, if the 
delegated (permitting) authority is the State, the owner or operator 
shall send a copy of each notification submitted to the State to the 
appropriate Regional Office of the EPA, as specified in paragraph 
(a)(4)(i) of this section. The Regional Office may waive this 
requirement for any notifications at its discretion.
    (b) Initial notifications. (1)(i) The requirements of this paragraph 
apply to the owner or operator of an affected source when such source 
becomes subject to a relevant standard.
    (ii) If an area source that otherwise would be subject to an 
emission standard or other requirement established under this part if it 
were a major source subsequently increases its emissions of hazardous 
air pollutants (or its potential to emit hazardous air pollutants) such 
that the source is a major source that is subject to the emission 
standard or other requirement, such source shall be subject to the 
notification requirements of this section.
    (iii) Affected sources that are required under this paragraph to 
submit an initial notification may use the application for approval of 
construction or reconstruction under Sec. 63.5(d) of this subpart, if 
relevant, to fulfill the initial notification requirements of this 
paragraph.
    (2) The owner or operator of an affected source that has an initial 
startup before the effective date of a relevant standard under this part 
shall notify the Administrator in writing that the source is subject to 
the relevant standard. The notification, which shall be submitted not 
later than 120 calendar days after the effective date of the relevant 
standard (or within 120 calendar days after the source becomes subject 
to the relevant standard), shall provide the following information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the affected source;
    (iii) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date;
    (iv) A brief description of the nature, size, design, and method of 
operation of the source and an identification of the types of emission 
points within the affected source subject to the relevant standard and 
types of hazardous air pollutants emitted; and
    (v) A statement of whether the affected source is a major source or 
an area source.
    (3) [Reserved]
    (4) The owner or operator of a new or reconstructed major affected 
source for which an application for approval of construction or 
reconstruction is required under Sec. 63.5(d) must provide the 
following information in writing to the Administrator:
    (i) A notification of intention to construct a new major-emitting 
affected source, reconstruct a major-emitting affected source, or 
reconstruct a major source such that the source becomes a

[[Page 50]]

major-emitting affected source with the application for approval of 
construction or reconstruction as specified in Sec. 63.5(d)(1)(i); and
    (ii)-(iv) [Reserved]
    (v) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (5) The owner or operator of a new or reconstructed affected source 
for which an application for approval of construction or reconstruction 
is not required under Sec. 63.5(d) must provide the following 
information in writing to the Administrator:
    (i) A notification of intention to construct a new affected source, 
reconstruct an affected source, or reconstruct a source such that the 
source becomes an affected source, and
    (ii) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (iii) Unless the owner or operator has requested and received prior 
permission from the Administrator to submit less than the information in 
Sec. 63.5(d), the notification must include the information required on 
the application for approval of construction or reconstruction as 
specified in Sec. 63.5(d)(1)(i).
    (c) Request for extension of compliance. If the owner or operator of 
an affected source cannot comply with a relevant standard by the 
applicable compliance date for that source, or if the owner or operator 
has installed BACT or technology to meet LAER consistent with Sec. 
63.6(i)(5) of this subpart, he/she may submit to the Administrator (or 
the State with an approved permit program) a request for an extension of 
compliance as specified in Sec. 63.6(i)(4) through Sec. 63.6(i)(6).
    (d) Notification that source is subject to special compliance 
requirements. An owner or operator of a new source that is subject to 
special compliance requirements as specified in Sec. 63.6(b)(3) and 
Sec. 63.6(b)(4) shall notify the Administrator of his/her compliance 
obligations not later than the notification dates established in 
paragraph (b) of this section for new sources that are not subject to 
the special provisions.
    (e) Notification of performance test. The owner or operator of an 
affected source shall notify the Administrator in writing of his or her 
intention to conduct a performance test at least 60 calendar days before 
the performance test is scheduled to begin to allow the Administrator to 
review and approve the site-specific test plan required under Sec. 
63.7(c), if requested by the Administrator, and to have an observer 
present during the test.
    (f) Notification of opacity and visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting the opacity or visible 
emission observations specified in Sec. 63.6(h)(5), if such 
observations are required for the source by a relevant standard. The 
notification shall be submitted with the notification of the performance 
test date, as specified in paragraph (e) of this section, or if no 
performance test is required or visibility or other conditions prevent 
the opacity or visible emission observations from being conducted 
concurrently with the initial performance test required under Sec. 
63.7, the owner or operator shall deliver or postmark the notification 
not less than 30 days before the opacity or visible emission 
observations are scheduled to take place.
    (g) Additional notification requirements for sources with continuous 
monitoring systems. The owner or operator of an affected source required 
to use a CMS by a relevant standard shall furnish the Administrator 
written notification as follows:
    (1) A notification of the date the CMS performance evaluation under 
Sec. 63.8(e) is scheduled to begin, submitted simultaneously with the 
notification of the performance test date required under Sec. 63.7(b). 
If no performance test is required, or if the requirement to conduct a 
performance test has been waived for an affected source under Sec. 
63.7(h), the owner or operator shall notify the Administrator in writing 
of the date of the performance evaluation at least 60 calendar days 
before the evaluation is scheduled to begin;
    (2) A notification that COMS data results will be used to determine 
compliance with the applicable opacity emission standard during a 
performance test required by Sec. 63.7 in lieu of Method

[[Page 51]]

9 or other opacity emissions test method data, as allowed by Sec. 
63.6(h)(7)(ii), if compliance with an opacity emission standard is 
required for the source by a relevant standard. The notification shall 
be submitted at least 60 calendar days before the performance test is 
scheduled to begin; and
    (3) A notification that the criterion necessary to continue use of 
an alternative to relative accuracy testing, as provided by Sec. 
63.8(f)(6), has been exceeded. The notification shall be delivered or 
postmarked not later than 10 days after the occurrence of such 
exceedance, and it shall include a description of the nature and cause 
of the increased emissions.
    (h) Notification of compliance status. (1) The requirements of 
paragraphs (h)(2) through (h)(4) of this section apply when an affected 
source becomes subject to a relevant standard.
    (2)(i) Before a title V permit has been issued to the owner or 
operator of an affected source, and each time a notification of 
compliance status is required under this part, the owner or operator of 
such source shall submit to the Administrator a notification of 
compliance status, signed by the responsible official who shall certify 
its accuracy, attesting to whether the source has complied with the 
relevant standard. The notification shall list--
    (A) The methods that were used to determine compliance;
    (B) The results of any performance tests, opacity or visible 
emission observations, continuous monitoring system (CMS) performance 
evaluations, and/or other monitoring procedures or methods that were 
conducted;
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods;
    (D) The type and quantity of hazardous air pollutants emitted by the 
source (or surrogate pollutants if specified in the relevant standard), 
reported in units and averaging times and in accordance with the test 
methods specified in the relevant standard;
    (E) If the relevant standard applies to both major and area sources, 
an analysis demonstrating whether the affected source is a major source 
(using the emissions data generated for this notification);
    (F) A description of the air pollution control equipment (or method) 
for each emission point, including each control device (or method) for 
each hazardous air pollutant and the control efficiency (percent) for 
each control device (or method); and
    (G) A statement by the owner or operator of the affected existing, 
new, or reconstructed source as to whether the source has complied with 
the relevant standard or other requirements.
    (ii) The notification must be sent before the close of business on 
the 60th day following the completion of the relevant compliance 
demonstration activity specified in the relevant standard (unless a 
different reporting period is specified in the standard, in which case 
the letter must be sent before the close of business on the day the 
report of the relevant testing or monitoring results is required to be 
delivered or postmarked). For example, the notification shall be sent 
before close of business on the 60th (or other required) day following 
completion of the initial performance test and again before the close of 
business on the 60th (or other required) day following the completion of 
any subsequent required performance test. If no performance test is 
required but opacity or visible emission observations are required to 
demonstrate compliance with an opacity or visible emission standard 
under this part, the notification of compliance status shall be sent 
before close of business on the 30th day following the completion of 
opacity or visible emission observations. Notifications may be combined 
as long as the due date requirement for each notification is met.
    (3) After a title V permit has been issued to the owner or operator 
of an affected source, the owner or operator of such source shall comply 
with all requirements for compliance status reports contained in the 
source's title V permit, including reports required under this part. 
After a title V permit has been issued to the owner or operator of an 
affected source, and each time a notification of compliance status is 
required under this part, the owner or operator of such source shall 
submit the notification of compliance

[[Page 52]]

status to the appropriate permitting authority following completion of 
the relevant compliance demonstration activity specified in the relevant 
standard.
    (4) [Reserved]
    (5) If an owner or operator of an affected source submits estimates 
or preliminary information in the application for approval of 
construction or reconstruction required in Sec. 63.5(d) in place of the 
actual emissions data or control efficiencies required in paragraphs 
(d)(1)(ii)(H) and (d)(2) of Sec. 63.5, the owner or operator shall 
submit the actual emissions data and other correct information as soon 
as available but no later than with the initial notification of 
compliance status required in this section.
    (6) Advice on a notification of compliance status may be obtained 
from the Administrator.
    (i) Adjustment to time periods or postmark deadlines for submittal 
and review of required communications. (1)(i) Until an adjustment of a 
time period or postmark deadline has been approved by the Administrator 
under paragraphs (i)(2) and (i)(3) of this section, the owner or 
operator of an affected source remains strictly subject to the 
requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (i)(2) and (i)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. An owner 
or operator who wishes to request a change in a time period or postmark 
deadline for a particular requirement shall request the adjustment in 
writing as soon as practicable before the subject activity is required 
to take place. The owner or operator shall include in the request 
whatever information he or she considers useful to convince the 
Administrator that an adjustment is warranted.
    (3) If, in the Administrator's judgment, an owner or operator's 
request for an adjustment to a particular time period or postmark 
deadline is warranted, the Administrator will approve the adjustment. 
The Administrator will notify the owner or operator in writing of 
approval or disapproval of the request for an adjustment within 15 
calendar days of receiving sufficient information to evaluate the 
request.
    (4) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.
    (j) Change in information already provided. Any change in the 
information already provided under this section shall be provided to the 
Administrator in writing within 15 calendar days after the change.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003]



Sec. 63.10  Recordkeeping and reporting requirements.

    (a) Applicability and general information. (1) The applicability of 
this section is set out in Sec. 63.1(a)(4).
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a report that contains all the information 
required in a report listed in this section, an owner or operator may 
send the Administrator a copy of the report sent to the State to satisfy 
the requirements of this section for that report.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce recordkeeping and reporting requirements established under 
this part, the owner or operator of an affected source in such State 
subject to such requirements shall submit reports to the appropriate 
Regional Office of the EPA (to the attention of the Director of the 
Division indicated in the list of the EPA Regional Offices in Sec. 
63.13).

[[Page 53]]

    (ii) After a State has been delegated the authority to implement and 
enforce recordkeeping and reporting requirements established under this 
part, the owner or operator of an affected source in such State subject 
to such requirements shall submit reports to the delegated State 
authority (which may be the same as the permitting authority). In 
addition, if the delegated (permitting) authority is the State, the 
owner or operator shall send a copy of each report submitted to the 
State to the appropriate Regional Office of the EPA, as specified in 
paragraph (a)(4)(i) of this section. The Regional Office may waive this 
requirement for any reports at its discretion.
    (5) If an owner or operator of an affected source in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such source under this part, the owner or 
operator may change the dates by which periodic reports under this part 
shall be submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. For each relevant standard established 
pursuant to section 112 of the Act, the allowance in the previous 
sentence applies in each State beginning 1 year after the affected 
source's compliance date for that standard. Procedures governing the 
implementation of this provision are specified in Sec. 63.9(i).
    (6) If an owner or operator supervises one or more stationary 
sources affected by more than one standard established pursuant to 
section 112 of the Act, he/she may arrange by mutual agreement between 
the owner or operator and the Administrator (or the State permitting 
authority) a common schedule on which periodic reports required for each 
source shall be submitted throughout the year. The allowance in the 
previous sentence applies in each State beginning 1 year after the 
latest compliance date for any relevant standard established pursuant to 
section 112 of the Act for any such affected source(s). Procedures 
governing the implementation of this provision are specified in Sec. 
63.9(i).
    (7) If an owner or operator supervises one or more stationary 
sources affected by standards established pursuant to section 112 of the 
Act (as amended November 15, 1990) and standards set under part 60, part 
61, or both such parts of this chapter, he/she may arrange by mutual 
agreement between the owner or operator and the Administrator (or the 
State permitting authority) a common schedule on which periodic reports 
required by each relevant (i.e., applicable) standard shall be submitted 
throughout the year. The allowance in the previous sentence applies in 
each State beginning 1 year after the stationary source is required to 
be in compliance with the relevant section 112 standard, or 1 year after 
the stationary source is required to be in compliance with the 
applicable part 60 or part 61 standard, whichever is latest. Procedures 
governing the implementation of this provision are specified in Sec. 
63.9(i).
    (b) General recordkeeping requirements. (1) The owner or operator of 
an affected source subject to the provisions of this part shall maintain 
files of all information (including all reports and notifications) 
required by this part recorded in a form suitable and readily available 
for expeditious inspection and review. The files shall be retained for 
at least 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record. At a minimum, the 
most recent 2 years of data shall be retained on site. The remaining 3 
years of data may be retained off site. Such files may be maintained on 
microfilm, on a computer, on computer floppy disks, on magnetic tape 
disks, or on microfiche.
    (2) The owner or operator of an affected source subject to the 
provisions of this part shall maintain relevant records for such source 
of--
    (i) The occurrence and duration of each startup, shutdown, or 
malfunction of operation (i.e., process equipment);
    (ii) The occurrence and duration of each malfunction of the required 
air pollution control and monitoring equipment;

[[Page 54]]

    (iii) All required maintenance performed on the air pollution 
control and monitoring equipment;
    (iv) Actions taken during periods of startup, shutdown, and 
malfunction (including corrective actions to restore malfunctioning 
process and air pollution control and monitoring equipment to its normal 
or usual manner of operation) when such actions are different from the 
procedures specified in the affected source's startup, shutdown, and 
malfunction plan (see Sec. 63.6(e)(3));
    (v) All information necessary to demonstrate conformance with the 
affected source's startup, shutdown, and malfunction plan (see Sec. 
63.6(e)(3)) when all actions taken during periods of startup, shutdown, 
and malfunction (including corrective actions to restore malfunctioning 
process and air pollution control and monitoring equipment to its normal 
or usual manner of operation) are consistent with the procedures 
specified in such plan. (The information needed to demonstrate 
conformance with the startup, shutdown, and malfunction plan may be 
recorded using a ``checklist,'' or some other effective form of 
recordkeeping, in order to minimize the recordkeeping burden for 
conforming events);
    (vi) Each period during which a CMS is malfunctioning or inoperative 
(including out-of-control periods);
    (vii) All required measurements needed to demonstrate compliance 
with a relevant standard (including, but not limited to, 15-minute 
averages of CMS data, raw performance testing measurements, and raw 
performance evaluation measurements, that support data that the source 
is required to report);
    (A) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An automated CEMS 
records and reduces the measured data to the form of the pollutant 
emission standard through the use of a computerized data acquisition 
system. In lieu of maintaining a file of all CEMS subhourly measurements 
as required under paragraph (b)(2)(vii) of this section, the owner or 
operator shall retain the most recent consecutive three averaging 
periods of subhourly measurements and a file that contains a hard copy 
of the data acquisition system algorithm used to reduce the measured 
data into the reportable form of the standard.
    (B) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain the 
reportable form of the standard, and where the calculated data averages 
do not exclude periods of CEMS breakdown or malfunction. In lieu of 
maintaining a file of all CEMS subhourly measurements as required under 
paragraph (b)(2)(vii) of this section, the owner or operator shall 
retain all subhourly measurements for the most recent reporting period. 
The subhourly measurements shall be retained for 120 days from the date 
of the most recent summary or excess emission report submitted to the 
Administrator.
    (C) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (b)(2)(vii), if the administrator 
or the delegated authority determines these records are required to more 
accurately assess the compliance status of the affected source.
    (viii) All results of performance tests, CMS performance 
evaluations, and opacity and visible emission observations;
    (ix) All measurements as may be necessary to determine the 
conditions of performance tests and performance evaluations;
    (x) All CMS calibration checks;
    (xi) All adjustments and maintenance performed on CMS;
    (xii) Any information demonstrating whether a source is meeting the 
requirements for a waiver of recordkeeping or reporting requirements 
under this part, if the source has been granted a waiver under paragraph 
(f) of this section;
    (xiii) All emission levels relative to the criterion for obtaining 
permission to use an alternative to the relative accuracy test, if the 
source has been granted such permission under Sec. 63.8(f)(6); and

[[Page 55]]

    (xiv) All documentation supporting initial notifications and 
notifications of compliance status under Sec. 63.9.
    (3) Recordkeeping requirement for applicability determinations. If 
an owner or operator determines that his or her stationary source that 
emits (or has the potential to emit, without considering controls) one 
or more hazardous air pollutants regulated by any standard established 
pursuant to section 112(d) or (f), and that stationary source is in the 
source category regulated by the relevant standard, but that source is 
not subject to the relevant standard (or other requirement established 
under this part) because of limitations on the source's potential to 
emit or an exclusion, the owner or operator must keep a record of the 
applicability determination on site at the source for a period of 5 
years after the determination, or until the source changes its 
operations to become an affected source, whichever comes first. The 
record of the applicability determination must be signed by the person 
making the determination and include an analysis (or other information) 
that demonstrates why the owner or operator believes the source is 
unaffected (e.g., because the source is an area source). The analysis 
(or other information) must be sufficiently detailed to allow the 
Administrator to make a finding about the source's applicability status 
with regard to the relevant standard or other requirement. If relevant, 
the analysis must be performed in accordance with requirements 
established in relevant subparts of this part for this purpose for 
particular categories of stationary sources. If relevant, the analysis 
should be performed in accordance with EPA guidance materials published 
to assist sources in making applicability determinations under section 
112, if any. The requirements to determine applicability of a standard 
under Sec. 63.1(b)(3) and to record the results of that determination 
under paragraph (b)(3) of this section shall not by themselves create an 
obligation for the owner or operator to obtain a title V permit.
    (c) Additional recordkeeping requirements for sources with 
continuous monitoring systems. In addition to complying with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section, 
the owner or operator of an affected source required to install a CMS by 
a relevant standard shall maintain records for such source of--
    (1) All required CMS measurements (including monitoring data 
recorded during unavoidable CMS breakdowns and out-of-control periods);
    (2)-(4) [Reserved]
    (5) The date and time identifying each period during which the CMS 
was inoperative except for zero (low-level) and high-level checks;
    (6) The date and time identifying each period during which the CMS 
was out of control, as defined in Sec. 63.8(c)(7);
    (7) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during startups, shutdowns, and malfunctions of 
the affected source;
    (8) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during periods other than startups, shutdowns, 
and malfunctions of the affected source;
    (9) [Reserved]
    (10) The nature and cause of any malfunction (if known);
    (11) The corrective action taken or preventive measures adopted;
    (12) The nature of the repairs or adjustments to the CMS that was 
inoperative or out of control;
    (13) The total process operating time during the reporting period; 
and
    (14) All procedures that are part of a quality control program 
developed and implemented for CMS under Sec. 63.8(d).
    (15) In order to satisfy the requirements of paragraphs (c)(10) 
through (c)(12) of this section and to avoid duplicative recordkeeping 
efforts, the owner or operator may use the affected source's startup, 
shutdown, and malfunction plan or records kept to satisfy the 
recordkeeping requirements of the startup, shutdown, and malfunction 
plan specified in Sec. 63.6(e), provided that

[[Page 56]]

such plan and records adequately address the requirements of paragraphs 
(c)(10) through (c)(12).
    (d) General reporting requirements. (1) Notwithstanding the 
requirements in this paragraph or paragraph (e) of this section, and 
except as provided in Sec. 63.16, the owner or operator of an affected 
source subject to reporting requirements under this part shall submit 
reports to the Administrator in accordance with the reporting 
requirements in the relevant standard(s).
    (2) Reporting results of performance tests. Before a title V permit 
has been issued to the owner or operator of an affected source, the 
owner or operator shall report the results of any performance test under 
Sec. 63.7 to the Administrator. After a title V permit has been issued 
to the owner or operator of an affected source, the owner or operator 
shall report the results of a required performance test to the 
appropriate permitting authority. The owner or operator of an affected 
source shall report the results of the performance test to the 
Administrator (or the State with an approved permit program) before the 
close of business on the 60th day following the completion of the 
performance test, unless specified otherwise in a relevant standard or 
as approved otherwise in writing by the Administrator. The results of 
the performance test shall be submitted as part of the notification of 
compliance status required under Sec. 63.9(h).
    (3) Reporting results of opacity or visible emission observations. 
The owner or operator of an affected source required to conduct opacity 
or visible emission observations by a relevant standard shall report the 
opacity or visible emission results (produced using Test Method 9 or 
Test Method 22, or an alternative to these test methods) along with the 
results of the performance test required under Sec. 63.7. If no 
performance test is required, or if visibility or other conditions 
prevent the opacity or visible emission observations from being 
conducted concurrently with the performance test required under Sec. 
63.7, the owner or operator shall report the opacity or visible emission 
results before the close of business on the 30th day following the 
completion of the opacity or visible emission observations.
    (4) Progress reports. The owner or operator of an affected source 
who is required to submit progress reports as a condition of receiving 
an extension of compliance under Sec. 63.6(i) shall submit such reports 
to the Administrator (or the State with an approved permit program) by 
the dates specified in the written extension of compliance.
    (5)(i) Periodic startup, shutdown, and malfunction reports. If 
actions taken by an owner or operator during a startup, shutdown, or 
malfunction of an affected source (including actions taken to correct a 
malfunction) are consistent with the procedures specified in the 
source's startup, shutdown, and malfunction plan (see Sec. 63.6(e)(3)), 
the owner or operator shall state such information in a startup, 
shutdown, and malfunction report. Such a report shall identify any 
instance where any action taken by an owner or operator during a 
startup, shutdown, or malfunction (including actions taken to correct a 
malfunction) is not consistent with the affected source's startup, 
shutdown, and malfunction plan, but the source does not exceed any 
applicable emission limitation in the relevant emission standard. Such a 
report shall also include the number, duration, and a brief description 
for each type of malfunction which occurred during the reporting period 
and which caused or may have caused any applicable emission limitation 
to be exceeded. Reports shall only be required if a startup, shutdown, 
or malfunction occurred during the reporting period. The startup, 
shutdown, and malfunction report shall consist of a letter, containing 
the name, title, and signature of the owner or operator or other 
responsible official who is certifying its accuracy, that shall be 
submitted to the Administrator semiannually (or on a more frequent basis 
if specified otherwise in a relevant standard or as established 
otherwise by the permitting authority in the source's title V permit). 
The startup, shutdown, and malfunction report shall be delivered or 
postmarked by the 30th day following the end of each calendar half (or 
other calendar reporting period, as appropriate). If the owner or 
operator is required to submit

[[Page 57]]

excess emissions and continuous monitoring system performance (or other 
periodic) reports under this part, the startup, shutdown, and 
malfunction reports required under this paragraph may be submitted 
simultaneously with the excess emissions and continuous monitoring 
system performance (or other) reports. If startup, shutdown, and 
malfunction reports are submitted with excess emissions and continuous 
monitoring system performance (or other periodic) reports, and the owner 
or operator receives approval to reduce the frequency of reporting for 
the latter under paragraph (e) of this section, the frequency of 
reporting for the startup, shutdown, and malfunction reports also may be 
reduced if the Administrator does not object to the intended change. The 
procedures to implement the allowance in the preceding sentence shall be 
the same as the procedures specified in paragraph (e)(3) of this 
section.
    (ii) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
periodic startup, shutdown, and malfunction reports under paragraph 
(d)(5)(i) of this section, any time an action taken by an owner or 
operator during a startup, shutdown, or malfunction (including actions 
taken to correct a malfunction) is not consistent with the procedures 
specified in the affected source's startup, shutdown, and malfunction 
plan, and the source exceeds any applicable emission limitation in the 
relevant emission standard, the owner or operator shall report the 
actions taken for that event within 2 working days after commencing 
actions inconsistent with the plan followed by a letter within 7 working 
days after the end of the event. The immediate report required under 
this paragraph (d)(5)(ii) shall consist of a telephone call (or 
facsimile (FAX) transmission) to the Administrator within 2 working days 
after commencing actions inconsistent with the plan, and it shall be 
followed by a letter, delivered or postmarked within 7 working days 
after the end of the event, that contains the name, title, and signature 
of the owner or operator or other responsible official who is certifying 
its accuracy, explaining the circumstances of the event, the reasons for 
not following the startup, shutdown, and malfunction plan, and 
describing all excess emissions and/or parameter monitoring exceedances 
which are believed to have occurred. Notwithstanding the requirements of 
the previous sentence, after the effective date of an approved permit 
program in the State in which an affected source is located, the owner 
or operator may make alternative reporting arrangements, in advance, 
with the permitting authority in that State. Procedures governing the 
arrangement of alternative reporting requirements under this paragraph 
(d)(5)(ii) are specified in Sec. 63.9(i).
    (e) Additional reporting requirements for sources with continuous 
monitoring systems--(1) General. When more than one CEMS is used to 
measure the emissions from one affected source (e.g., multiple 
breechings, multiple outlets), the owner or operator shall report the 
results as required for each CEMS.
    (2) Reporting results of continuous monitoring system performance 
evaluations. (i) The owner or operator of an affected source required to 
install a CMS by a relevant standard shall furnish the Administrator a 
copy of a written report of the results of the CMS performance 
evaluation, as required under Sec. 63.8(e), simultaneously with the 
results of the performance test required under Sec. 63.7, unless 
otherwise specified in the relevant standard.
    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation conducted under Sec. 
63.8(e). The copies shall be furnished at least 15 calendar days before 
the performance test required under Sec. 63.7 is conducted.
    (3) Excess emissions and continuous monitoring system performance 
report and summary report. (i) Excess emissions and parameter monitoring 
exceedances are defined in relevant standards. The owner or operator of 
an affected source required to install a CMS by a relevant

[[Page 58]]

standard shall submit an excess emissions and continuous monitoring 
system performance report and/or a summary report to the Administrator 
semiannually, except when--
    (A) More frequent reporting is specifically required by a relevant 
standard;
    (B) The Administrator determines on a case-by-case basis that more 
frequent reporting is necessary to accurately assess the compliance 
status of the source; or
    (C) [Reserved]
    (D) The affected source is complying with the Performance Track 
Provisions of Sec. 63.16, which allows less frequent reporting.
    (ii) Request to reduce frequency of excess emissions and continuous 
monitoring system performance reports. Notwithstanding the frequency of 
reporting requirements specified in paragraph (e)(3)(i) of this section, 
an owner or operator who is required by a relevant standard to submit 
excess emissions and continuous monitoring system performance (and 
summary) reports on a quarterly (or more frequent) basis may reduce the 
frequency of reporting for that standard to semiannual if the following 
conditions are met:
    (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected source's excess emissions and continuous 
monitoring system performance reports continually demonstrate that the 
source is in compliance with the relevant standard;
    (B) The owner or operator continues to comply with all recordkeeping 
and monitoring requirements specified in this subpart and the relevant 
standard; and
    (C) The Administrator does not object to a reduced frequency of 
reporting for the affected source, as provided in paragraph (e)(3)(iii) 
of this section.
    (iii) The frequency of reporting of excess emissions and continuous 
monitoring system performance (and summary) reports required to comply 
with a relevant standard may be reduced only after the owner or operator 
notifies the Administrator in writing of his or her intention to make 
such a change and the Administrator does not object to the intended 
change. In deciding whether to approve a reduced frequency of reporting, 
the Administrator may review information concerning the source's entire 
previous performance history during the 5-year recordkeeping period 
prior to the intended change, including performance test results, 
monitoring data, and evaluations of an owner or operator's conformance 
with operation and maintenance requirements. Such information may be 
used by the Administrator to make a judgment about the source's 
potential for noncompliance in the future. If the Administrator 
disapproves the owner or operator's request to reduce the frequency of 
reporting, the Administrator will notify the owner or operator in 
writing within 45 days after receiving notice of the owner or operator's 
intention. The notification from the Administrator to the owner or 
operator will specify the grounds on which the disapproval is based. In 
the absence of a notice of disapproval within 45 days, approval is 
automatically granted.
    (iv) As soon as CMS data indicate that the source is not in 
compliance with any emission limitation or operating parameter specified 
in the relevant standard, the frequency of reporting shall revert to the 
frequency specified in the relevant standard, and the owner or operator 
shall submit an excess emissions and continuous monitoring system 
performance (and summary) report for the noncomplying emission points at 
the next appropriate reporting period following the noncomplying event. 
After demonstrating ongoing compliance with the relevant standard for 
another full year, the owner or operator may again request approval from 
the Administrator to reduce the frequency of reporting for that 
standard, as provided for in paragraphs (e)(3)(ii) and (e)(3)(iii) of 
this section.
    (v) Content and submittal dates for excess emissions and monitoring 
system performance reports. All excess emissions and monitoring system 
performance reports and all summary reports, if required, shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half or quarter, as appropriate. Written reports of excess 
emissions or exceedances of process or control system parameters shall 
include all the information required in

[[Page 59]]

paragraphs (c)(5) through (c)(13) of this section, in Sec. 63.8(c)(7) 
and Sec. 63.8(c)(8), and in the relevant standard, and they shall 
contain the name, title, and signature of the responsible official who 
is certifying the accuracy of the report. When no excess emissions or 
exceedances of a parameter have occurred, or a CMS has not been 
inoperative, out of control, repaired, or adjusted, such information 
shall be stated in the report.
    (vi) Summary report. As required under paragraphs (e)(3)(vii) and 
(e)(3)(viii) of this section, one summary report shall be submitted for 
the hazardous air pollutants monitored at each affected source (unless 
the relevant standard specifies that more than one summary report is 
required, e.g., one summary report for each hazardous air pollutant 
monitored). The summary report shall be entitled ``Summary Report--
Gaseous and Opacity Excess Emission and Continuous Monitoring System 
Performance'' and shall contain the following information:
    (A) The company name and address of the affected source;
    (B) An identification of each hazardous air pollutant monitored at 
the affected source;
    (C) The beginning and ending dates of the reporting period;
    (D) A brief description of the process units;
    (E) The emission and operating parameter limitations specified in 
the relevant standard(s);
    (F) The monitoring equipment manufacturer(s) and model number(s);
    (G) The date of the latest CMS certification or audit;
    (H) The total operating time of the affected source during the 
reporting period;
    (I) An emission data summary (or similar summary if the owner or 
operator monitors control system parameters), including the total 
duration of excess emissions during the reporting period (recorded in 
minutes for opacity and hours for gases), the total duration of excess 
emissions expressed as a percent of the total source operating time 
during that reporting period, and a breakdown of the total duration of 
excess emissions during the reporting period into those that are due to 
startup/shutdown, control equipment problems, process problems, other 
known causes, and other unknown causes;
    (J) A CMS performance summary (or similar summary if the owner or 
operator monitors control system parameters), including the total CMS 
downtime during the reporting period (recorded in minutes for opacity 
and hours for gases), the total duration of CMS downtime expressed as a 
percent of the total source operating time during that reporting period, 
and a breakdown of the total CMS downtime during the reporting period 
into periods that are due to monitoring equipment malfunctions, 
nonmonitoring equipment malfunctions, quality assurance/quality control 
calibrations, other known causes, and other unknown causes;
    (K) A description of any changes in CMS, processes, or controls 
since the last reporting period;
    (L) The name, title, and signature of the responsible official who 
is certifying the accuracy of the report; and
    (M) The date of the report.
    (vii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is less 
than 1 percent of the total operating time for the reporting period, and 
CMS downtime for the reporting period is less than 5 percent of the 
total operating time for the reporting period, only the summary report 
shall be submitted, and the full excess emissions and continuous 
monitoring system performance report need not be submitted unless 
required by the Administrator.
    (viii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is 1 
percent or greater of the total operating time for the reporting period, 
or the total CMS downtime for the reporting period is 5 percent or 
greater of the total operating time for the reporting period, both the 
summary report and the excess emissions and continuous monitoring system 
performance report shall be submitted.
    (4) Reporting continuous opacity monitoring system data produced 
during a performance test. The owner or operator of an affected source 
required to use a

[[Page 60]]

COMS shall record the monitoring data produced during a performance test 
required under Sec. 63.7 and shall furnish the Administrator a written 
report of the monitoring results. The report of COMS data shall be 
submitted simultaneously with the report of the performance test results 
required in paragraph (d)(2) of this section.
    (f) Waiver of recordkeeping or reporting requirements. (1) Until a 
waiver of a recordkeeping or reporting requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section.
    (2) Recordkeeping or reporting requirements may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the affected source is achieving the relevant standard(s), or 
the source is operating under an extension of compliance, or the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) If an application for a waiver of recordkeeping or reporting is 
made, the application shall accompany the request for an extension of 
compliance under Sec. 63.6(i), any required compliance progress report 
or compliance status report required under this part (such as under 
Sec. 63.6(i) and Sec. 63.9(h)) or in the source's title V permit, or 
an excess emissions and continuous monitoring system performance report 
required under paragraph (e) of this section, whichever is applicable. 
The application shall include whatever information the owner or operator 
considers useful to convince the Administrator that a waiver of 
recordkeeping or reporting is warranted.
    (4) The Administrator will approve or deny a request for a waiver of 
recordkeeping or reporting requirements under this paragraph when he/
she--
    (i) Approves or denies an extension of compliance; or
    (ii) Makes a determination of compliance following the submission of 
a required compliance status report or excess emissions and continuous 
monitoring systems performance report; or
    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Administrator.
    (6) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003; 69 FR 21752, Apr. 22, 
2004]



Sec. 63.11  Control device requirements.

    (a) Applicability. The applicability of this section is set out in 
Sec. 63.1(a)(4).
    (b) Flares. (1) Owners or operators using flares to comply with the 
provisions of this part shall monitor these control devices to assure 
that they are operated and maintained in conformance with their designs. 
Applicable subparts will provide provisions stating how owners or 
operators using flares shall monitor these control devices.
    (2) Flares shall be steam-assisted, air-assisted, or non-assisted.
    (3) Flares shall be operated at all times when emissions may be 
vented to them.
    (4) Flares shall be designed for and operated with no visible 
emissions, except for periods not to exceed a total of 5 minutes during 
any 2 consecutive hours. Test Method 22 in appendix A of part 60 of this 
chapter shall be used to determine the compliance of flares with the 
visible emission provisions of this part. The observation period is 2 
hours and shall be used according to Method 22.
    (5) Flares shall be operated with a flame present at all times. The 
presence of a flare pilot flame shall be monitored using a thermocouple 
or any other equivalent device to detect the presence of a flame.
    (6) An owner/operator has the choice of adhering to the heat content 
specifications in paragraph (b)(6)(ii) of this

[[Page 61]]

section, and the maximum tip velocity specifications in paragraph (b)(7) 
or (b)(8) of this section, or adhering to the requirements in paragraph 
(b)(6)(i) of this section.
    (i)(A) Flares shall be used that have a diameter of 3 inches or 
greater, are nonassisted, have a hydrogen content of 8.0 percent (by 
volume) or greater, and are designed for and operated with an exit 
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity 
Vmax, as determined by the following equation:

Vmax=(XH2-K1)* K2

Where:

Vmax=Maximum permitted velocity, m/sec.
K1=Constant, 6.0 volume-percent hydrogen.
K2=Constant, 3.9(m/sec)/volume-percent hydrogen.
XH2=The volume-percent of hydrogen, on a wet basis, as 
calculated by using the American Society for Testing and Materials 
(ASTM) Method D1946-77. (Incorporated by reference as specified in Sec. 
63.14).

    (B) The actual exit velocity of a flare shall be determined by the 
method specified in paragraph (b)(7)(i) of this section.
    (ii) Flares shall be used only with the net heating value of the gas 
being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is 
steam-assisted or air-assisted; or with the net heating value of the gas 
being combusted at 7.45 M/scm (200 Btu/scf) or greater if the flares is 
non-assisted. The net heating value of the gas being combusted in a 
flare shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR04MY98.004

Where:

HT=Net heating value of the sample, MJ/scm; where the net 
enthalpy per mole of offgas is based on combustion at 25 [deg]C and 760 
mm Hg, but the standard temperature for determining the volume 
corresponding to one mole is 20 [deg]C.
K=Constant=
[GRAPHIC] [TIFF OMITTED] TR04MY98.005

where the standard temperature for (g-mole/scm) is 20 [deg]C.
Ci=Concentration of sample component i in ppmv on a wet 
basis, as measured for organics by Test Method 18 and measured for 
hydrogen and carbon monoxide by American Society for Testing and 
Materials (ASTM) D1946-77 or 90 (Reapproved 1994) (incorporated by 
reference as specified in Sec. 63.14).
Hi=Net heat of combustion of sample component i, kcal/g-mole 
at 25 [deg]C and 760 mm Hg. The heats of combustion may be determined 
using ASTM D2382-76 or 88 or D4809-95 (incorporated by reference as 
specified in Sec. 63.14) if published values are not available or 
cannot be calculated.
n=Number of sample components.

    (7)(i) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), 
except as provided in paragraphs (b)(7)(ii) and (b)(7)(iii) of this 
section. The actual exit velocity of a flare shall be determined by 
dividing by the volumetric flow rate of gas being combusted (in units of 
emission standard temperature and pressure), as determined by Test 
Method 2, 2A, 2C, or 2D in appendix A to 40 CFR part 60 of this chapter, 
as appropriate, by the unobstructed (free) cross-sectional area of the 
flare tip.
    (ii) Steam-assisted and nonassisted flares designed for and operated 
with an exit velocity, as determined by the method specified in 
paragraph (b)(7)(i) of this section, equal to or greater than 18.3 m/sec 
(60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net 
heating value of the gas being combusted is greater than 37.3 MJ/scm 
(1,000 Btu/scf).
    (iii) Steam-assisted and nonassisted flares designed for and 
operated with an exit velocity, as determined by the method specified in 
paragraph (b)(7)(i) of this section, less than the velocity 
Vmax, as determined by the method specified in this 
paragraph, but less than 122 m/sec (400 ft/sec) are allowed. The maximum 
permitted velocity, Vmax, for flares complying with this 
paragraph shall be determined by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

Where:

Vmax=Maximum permitted velocity, m/sec.
28.8=Constant.
31.7=Constant.
HT=The net heating value as determined in paragraph (b)(6) of 
this section.


[[Page 62]]


    (8) Air-assisted flares shall be designed and operated with an exit 
velocity less than the velocity Vmax. The maximum permitted 
velocity, Vmax, for air-assisted flares shall be determined 
by the following equation:

Vmax=8.71 = 0.708(HT)

Where:

Vmax=Maximum permitted velocity, m/sec.
8.71=Constant.
0.708=Constant.
HT=The net heating value as determined in paragraph 
(b)(6)(ii) of this section.

[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 24444, May 4, 1998; 65 
FR 62215, Oct. 17, 2000; 67 FR 16605, Apr. 5, 2002]



Sec. 63.12  State authority and delegations.

    (a) The provisions of this part shall not be construed in any manner 
to preclude any State or political subdivision thereof from--
    (1) Adopting and enforcing any standard, limitation, prohibition, or 
other regulation applicable to an affected source subject to the 
requirements of this part, provided that such standard, limitation, 
prohibition, or regulation is not less stringent than any requirement 
applicable to such source established under this part;
    (2) Requiring the owner or operator of an affected source to obtain 
permits, licenses, or approvals prior to initiating construction, 
reconstruction, modification, or operation of such source; or
    (3) Requiring emission reductions in excess of those specified in 
subpart D of this part as a condition for granting the extension of 
compliance authorized by section 112(i)(5) of the Act.
    (b)(1) Section 112(l) of the Act directs the Administrator to 
delegate to each State, when appropriate, the authority to implement and 
enforce standards and other requirements pursuant to section 112 for 
stationary sources located in that State. Because of the unique nature 
of radioactive material, delegation of authority to implement and 
enforce standards that control radionuclides may require separate 
approval.
    (2) Subpart E of this part establishes procedures consistent with 
section 112(l) for the approval of State rules or programs to implement 
and enforce applicable Federal rules promulgated under the authority of 
section 112. Subpart E also establishes procedures for the review and 
withdrawal of section 112 implementation and enforcement authorities 
granted through a section 112(l) approval.
    (c) All information required to be submitted to the EPA under this 
part also shall be submitted to the appropriate State agency of any 
State to which authority has been delegated under section 112(l) of the 
Act, provided that each specific delegation may exempt sources from a 
certain Federal or State reporting requirement. The Administrator may 
permit all or some of the information to be submitted to the appropriate 
State agency only, instead of to the EPA and the State agency.



Sec. 63.13  Addresses of State air pollution control agencies and 
EPA Regional Offices.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted to the appropriate Regional Office of the U.S. Environmental 
Protection Agency indicated in the following list of EPA Regional 
Offices.

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Air, Pesticides and Toxics Division, J.F.K. 
Federal Building, Boston, MA 02203-2211.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Air and Waste Management Division, 26 Federal Plaza, New York, 
NY 10278.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air Protection Division, 1650 Arch 
Street, Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee). Director, Air, Pesticides and 
Toxics Management Division, Atlanta Federal Center, 61 Forsyth Street, 
Atlanta, GA 30303-3104.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 
60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
Director, Air, Pesticides and Toxics, 1445 Ross Avenue, Dallas, TX 
75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA, 
and Toxics

[[Page 63]]

Division, U.S. Environmental Protection Agency, 901 N. 5th Street, 
Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming), Director, Air and Toxics Division, 999 18th Street, 1 Denver 
Place, Suite 500, Denver, CO 80202-2405.
EPA Region IX (Arizona, California, Hawaii, Nevada, American Samoa, 
Guam), Director, Air and Toxics Division, 75 Hawthorne Street, San 
Francisco, CA 94105.
EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Office of 
Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, WA 98101.

    (b) All information required to be submitted to the Administrator 
under this part also shall be submitted to the appropriate State agency 
of any State to which authority has been delegated under section 112(l) 
of the Act. The owner or operator of an affected source may contact the 
appropriate EPA Regional Office for the mailing addresses for those 
States whose delegation requests have been approved.
    (c) If any State requires a submittal that contains all the 
information required in an application, notification, request, report, 
statement, or other communication required in this part, an owner or 
operator may send the appropriate Regional Office of the EPA a copy of 
that submittal to satisfy the requirements of this part for that 
communication.

[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 66061, Dec. 1, 1998; 67 
FR 4184, Jan. 29, 2002; 68 FR 32601, May 30, 2003; 68 FR 35792, June 17, 
2003]



Sec. 63.14  Incorporations by reference.

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice of 
any change in these materials will be published in the Federal Register. 
The materials are available for purchase at the corresponding addresses 
noted below, and all are available for inspection at the National 
Archives and Records Administration (NARA), at the Air and Radiation 
Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC, 
and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North 
Carolina. For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.
    (b) The following materials are available for purchase from at least 
one of the following addresses: American Society for Testing and 
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann 
Arbor, MI 48106.
    (1) ASTM D523-89, Standard Test Method for Specular Gloss, IBR 
approved for Sec. 63.782.
    (2) ASTM D1193-77, 91, Standard Specification for Reagent Water, IBR 
approved for Appendix A: Method 306, Sections 7.1.1 and 7.4.2.
    (3) ASTM D1331-89, Standard Test Methods for Surface and Interfacial 
Tension of Solutions of Surface Active Agents, IBR approved for Appendix 
A: Method 306B, Sections 6.2, 11.1, and 12.2.2.
    (4) ASTM D1475-90, Standard Test Method for Density of Paint, 
Varnish Lacquer, and Related Products, IBR approved for Sec. 63.788, 
Appendix A.
    (5) ASTM D1946-77, 90, 94, Standard Method for Analysis of Reformed 
Gas by Gas Chromatography, IBR approved for Sec. 63.11(b)(6).
    (6) ASTM D2369-93, 95, Standard Test Method for Volatile Content of 
Coatings, IBR approved for Sec. 63.788, Appendix A.
    (7) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by 
Bomb Calorimeter (High-Precision Method), IBR approved for Sec. 
63.11(b)(6).
    (8) ASTM D2879-83, 96, Test Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope, IBR approved for Sec. 63.111 and Sec. 63.2406.
    (9) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral 
Spirits by Gas Chromatography, IBR approved for Sec. 63.786(b).
    (10) ASTM 3695-88, Standard Test Method for Volatile Alcohols in 
Water

[[Page 64]]

by Direct Aqueous-Injection Gas Chromatography, IBR approved for Sec. 
63.365(e)(1) of Subpart O.
    (11) ASTM D3792-91, Standard Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for Sec. 63.788, Appendix A.
    (12) ASTM D3912-80, Standard Test Method for Chemical Resistance of 
Coatings Used in Light-Water Nuclear Power Plants, IBR approved for 
Sec. 63.782.
    (13) ASTM D4017-90, 96a, Standard Test Method for Water in Paints 
and Paint Materials by the Karl Fischer Titration Method, IBR approved 
for Sec. 63.788, Appendix A.
    (14) ASTM D4082-89, Standard Test Method for Effects of Gamma 
Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR 
approved for Sec. 63.782.
    (15) ASTM D4256-89, 94, Standard Test Method for Determination of 
the Decontaminability of Coatings Used in Light-Water Nuclear Power 
Plants, IBR approved for Sec. 63.782.
    (16) ASTM D4809-95, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR 
approved for Sec. 63.11(b)(6).
    (17) ASTM E180-93, Standard Practice for Determining the Precision 
of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR 
approved for Sec. 63.786(b).
    (18) ASTM E260-91, 96, General Practice for Packed Column Gas 
Chromatography, IBR approved for Sec. Sec. 63.750(b)(2) and 
63.786(b)(5).
    (19)-(20) [Reserved]
    (21) ASTM D2099-00, Standard Test Method for Dynamic Water 
Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester, 
IBR approved for Sec. 63.5350.
    (22)-(23) [Reserved]
    (24) ASTM D2697-86 (Reapproved 1998), ``Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' IBR approved 
for Sec. Sec. 63.3161(f)(1), 63.3521(b)(1), 63.3941(b)(1), 
63.4141(b)(1), 63.4741(b)(1), 63.4941(b)(1), and 63.5160(c).
    (25) ASTM D6093-97 (Reapproved 2003), ``Standard Test Method for 
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a 
Helium Gas Pycnometer,'' IBR approved for Sec. Sec. 63.3161(f)(1), 
63.3521(b)(1), 63.3941(b)(1), 63.4141(b)(1), 63.4741(b)(1), 
63.4941(b)(1), and 63.5160(c).
    (26) ASTM D1475-98 (Reapproved 2003), ``Standard Test Method for 
Density of Liquid Coatings, Inks, and Related Products,'' IBR approved 
for Sec. Sec. 63.3151(b), 63.3941(b)(4), 63.3941(c), 63.3951(c), 
63.4141(b)(3), 63.4141(c), and 63.4551(c).
    (27) ASTM D6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions 
from Natural Gas Fired Reciprocating Engines, Combustion Turbines, 
Boilers, and Process Heaters Using Portable Analyzers,\1\ IBR approved 
for Sec. 63.9307(c)(2), Table 4 of Subpart ZZZZ, and Table 5 to Subpart 
DDDDD of this part.
    (28) [Reserved]
    (29) ASTM D6420-99, Standard Test Method for Determination of 
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry, IBR approved for Sec. Sec. 63.5799 and 63.5850.
    (30) ASTM E 515-95 (Reapproved 2000), Standard Test Method for Leaks 
Using Bubble Emission Techniques, IBR approved for Sec. 63.425(i)(2).
    (31) ASTM D5291-02, Standard Test Methods for Instrumental 
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products 
and Lubricants, IBR approved for Sec. 63.3981, appendix A.
    (32) ASTM D5965-02, ``Standard Test Methods for Specific Gravity of 
Coating Powders,'' IBR approved for Sec. Sec. 63.3151(b) and 
63.3951(c).
    (33) ASTM D6053-00, Standard Test Method for Determination of 
Volatile Organic Compound (VOC) Content of Electrical Insulating 
Varnishes, IBR approved for Sec. 63.3981, appendix A.
    (34) E145-94 (Reapproved 2001), Standard Specification for Gravity-
Convection and Forced-Ventilation Ovens, IBR approved for Sec. 63.4581, 
Appendix A.
    (35) ASTM D6784-02, Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method),\1\ IBR approved for Table 5 
to Subpart DDDDD of this part.

[[Page 65]]

    (36) ASTM D5066-91 (Reapproved 2001), ``Standard Test Method for 
Determination of the Transfer Efficiency Under Production Conditions for 
Spray Application of Automotive Paints-Weight Basis,'' IBR approved for 
Sec. 63.3161(g).
    (37) ASTM D5087-02, ``Standard Test Method for Determining Amount of 
Volatile Organic Compound (VOC) Released from Solventborne Automotive 
Coatings and Available for Removal in a VOC Control Device 
(Abatement),'' IBR approved for Sec. Sec. 63.3165(e) and 63.3176, 
appendix A.
    (38) ASTM D6266-00a, ``Test Method for Determining the Amount of 
Volatile Organic Compound (VOC) Released from Waterborne Automotive 
Coatings and Available for Removal in a VOC Control Device 
(Abatement),'' IBR approved for Sec. 63.3165(e).
    (39) ASTM Method D388-99,.\1\ Standard Classification of Coals by 
Rank,\1\ IBR approved for Sec. 63.7575.
    (40) ASTM D396-02a, Standard Specification for Fuel Oils,\1\ IBR 
approved for Sec. 63.7575.
    (41) ASTM D1835-03a, Standard Specification for Liquified Petroleum 
(LP) Gases,\1\ IBR approved for Sec. 63.7575.
    (42) ASTM D2013-01, Standard Practice for Preparing Coal Samples for 
Analysis,\1\ IBR approved for Table 6 to Subpart DDDDD of this part.
    (43) ASTM D2234-00, .\1\ Standard Practice for Collection of a Gross 
Sample of Coal,\1\ IBR approved for Table 6 to Subpart DDDDD of this 
part.
    (44) ASTM D3173-02, Standard Test Method for Moisture in the 
Analysis Sample of Coal and Coke,\1\ IBR approved for Table 6 to Subpart 
DDDDD of this part.
    (45) ASTM D3683-94 (Reapproved 2000), Standard Test Method for Trace 
Elements in Coal and Coke Ash Absorption,\1\ IBR approved for Table 6 to 
Subpart DDDDD of this part.
    (46) ASTM D3684-01, Standard Test Method for Total Mercury in Coal 
by the Oxygen Bomb Combustion/Atomic Absorption Method,\1\ IBR approved 
for Table 6 to Subpart DDDDD of this part.
    (47) ASTM D5198-92 (Reapproved 2003), Standard Practice for Nitric 
Acid Digestion of Solid Waste,\1\ IBR approved for Table 6 to Subpart 
DDDDD of this part.
    (48) ASTM D5865-03a, Standard Test Method for Gross Calorific Value 
of Coal and Coke,\1\ IBR approved for Table 6 to Subpart DDDDD of this 
part.
    (49) ASTM D6323-98 (Reapproved 2003), Standard Guide for Laboratory 
Subsampling of Media Related to Waste Management Activities,\1\ IBR 
approved for Table 6 to Subpart DDDDD of this part.
    (50) ASTM E711-87 (Reapproved 1996), Standard Test Method for Gross 
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter,\1\ IBR 
approved for Table 6 to Subpart DDDDD of this part.
    (51) ASTM E776-87 (Reapproved 1996), Standard Test Method for Forms 
of Chlorine in Refuse-Derived Fuel,\1\ IBR approved for Table 6 to 
Subpart DDDDD of this part.
    (52) ASTM E871-82 (Reapproved 1998), Standard Method of Moisture 
Analysis of Particulate Wood Fuels,\1\ IBR approved for Table 6 to 
Subpart DDDDD of this part.
    (53) ASTM E885-88 (Reapproved 1996), Standard Test Methods for 
Analyses of Metals in Refuse-Derived Fuel by Atomic Absorption 
Spectroscopy,\1\ IBR approved for Table 6 to Subpart DDDDD of this part 
63.
    (54) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, incorporation by reference (IBR) approved 
for Table 4 to Subpart DDDD of this part and Appendix B to subpart DDDD 
of this part as specified in the subpart.
    (c) The materials listed below are available for purchase from the 
American Petroleum Institute (API), 1220 L Street, NW., Washington, DC 
20005.
    (1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition, February 1989, IBR approved for Sec. 63.111 
and Sec. 63.2406.
    (2) API Publication 2518, Evaporative Loss from Fixed-roof Tanks, 
Second Edition, October 1991, IBR approved for Sec. 63.150(g)(3)(i)(C) 
of subpart G of this part.
    (3) API Manual of Petroleum Measurement Specifications (MPMS) 
Chapter 19.2, Evaporative Loss From Floating-Roof Tanks (formerly API 
Publications 2517 and 2519), First Edition, April

[[Page 66]]

1997, IBR approved for Sec. 63.1251 of subpart GGG of this part.
    (d) State and Local Requirements. The materials listed below are 
available at the Air and Radiation Docket and Information Center, U.S. 
EPA, 401 M St., SW., Washington, DC.
    (1) California Regulatory Requirements Applicable to the Air Toxics 
Program, January 5, 1999, IBR approved for Sec. 63.99(a)(5)(ii) of 
subpart E of this part.
    (2) New Jersey's Toxic Catastrophe Prevention Act Program, (July 20, 
1998), Incorporation By Reference approved for Sec. 63.99 (a)(30)(i) of 
subpart E of this part.
    (3)(i) Letter of June 7, 1999 to the U.S. Environmental Protection 
Agency Region 3 from the Delaware Department of Natural Resources and 
Environmental Control requesting formal full delegation to take over 
primary responsibility for implementation and enforcement of the 
Chemical Accident Prevention Program under Section 112(r) of the Clean 
Air Act Amendments of 1990.
    (ii) Delaware Department of Natural Resources and Environmental 
Control, Division of Air and Waste Management, Accidental Release 
Prevention Regulation, sections 1 through 5 and sections 7 through 14, 
effective January 11, 1999, IBR approved for Sec. 63.99(a)(8)(i) of 
subpart E of this part.
    (iii) State of Delaware Regulations Governing the Control of Air 
Pollution (October 2000), IBR approved for Sec. 63.99(a)(8)(ii)-(v) of 
subpart E of this part.
    (4) Massachusetts Regulations Applicable to Hazardous Air Pollutants 
(July 2002). Incorporation By Reference approved for Sec. 
63.99(a)(21)(ii) of subpart E of this part.
    (5) New Hampshire Regulations Applicable to Hazardous Air 
Pollutants, March, 2003. Incorporation by Reference approved for Sec. 
63.99(a)(29)(iii) of subpart E of this part.
    (e) The materials listed below are available for purchase from the 
National Institute of Standards and Technology, Springfield, VA 22161, 
(800) 553-6847.
    (1) Handbook 44, Specificiations, Tolerances, and Other Technical 
Requirements for Weighing and Measuring Devices 1998, IBR approved for 
Sec. 63.1303(e)(3).
    (2) [Reserved]
    (f) The following material is available from the National Council of 
the Paper Industry for Air and Stream Improvement, Inc. (NCASI), P.O. 
Box 133318, Research Triangle Park, NC 27709-3318 or at http://
www.ncasi.org.
    (1) NCASI Method DI/MEOH-94.02, Methanol in Process Liquids GC/FID 
(Gas Chromatography/Flame Ionization Detection), August 1998, Methods 
Manual, NCASI, Research Triangle Park, NC, IBR approved for Sec. 
63.457(c)(3)(ii) of subpart S of this part.
    (2) NCASI Method CI/WP-98.01, Chilled Impinger Method For Use At 
Wood Products Mills to Measure Formaldehyde, Methanol, and Phenol, 1998, 
Methods Manual, NCASI, Research Triangle Park, NC, IBR approved for 
Table 4 to Subpart DDDD of this part.
    (3) NCASI Method IM/CAN/WP-99.02, Impinger/Canister Source Sampling 
Method For Selected HAPs and Other Compounds at Wood Products 
Facilities, January 2004, Methods Manual, NCASI, Research Triangle Park, 
NC, IBR approved for Table 4 to Subpart DDDD of this part and Appendix B 
to subpart DDDD of this part.
    (g) The materials listed below are available for purchase from AOAC 
International, Customer Services, Suite 400, 2200 Wilson Boulevard, 
Arlington, Virginia, 22201-3301, Telephone (703) 522-3032, Fax (703) 
522-5468.
    (1) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, 
Automated Method, Sixteenth edition, 1995, IBR approved for Sec. 
63.626(d)(3)(vi).
    (2) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, 
Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (3) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, 
Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (4) AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers, 
Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved 
for Sec. 63.626(d)(3)(vi).

[[Page 67]]

    (5) AOAC Official Method 929.01 Sampling of Solid Fertilizers, 
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (6) AOAC Official Method 929.02 Preparation of Fertilizer Sample, 
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (7) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, 
Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (h) The materials listed below are available for purchase from The 
Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow, 
Florida, 33830, Book of Methods Used and Adopted By The Association of 
Florida Phosphate Chemists, Seventh Edition 1991, IBR.
    (1) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 
63.626(c)(3)(ii).
    (2) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus--P2O5 or 
Ca3(PO4)2, Method A-Volumetric Method, 
IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii).
    (3) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 
63.626(c)(3)(ii).
    (4) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric 
Method, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 
63.626(c)(3)(ii).
    (5) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), 
and Sec. 63.626(d)(3)(v).
    (6) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 
63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
    (7) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method, IBR approved for Sec. 63.606(c)(3)(ii), 
Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
    (i) The following materials are available for purchase from at least 
one of the following addresses: ASME International, Orders/Inquiries, 
P.O. Box 2900, Fairfield, NJ 07007-2900; or Global Engineering 
Documents, Sales Department, 15 Inverness Way East, Englewood, CO 80112.
    (1) ASME standard number QHO-1-1994, ``Standard for the 
Qualification and Certification of Hazardous Waste Incinerator 
Operators,'' IBR approved for Sec. 63.1206(c)(6)(iii).
    (2) ASME standard number QHO-1a-1996 Addenda to QHO-1-1994, 
``Standard for the Qualification and Certification of Hazardous Waste 
Incinerator Operators,'' IBR approved for Sec. 63.1206(c)(6)(iii).
    (3) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus],'' IBR approved for Sec. Sec. 
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii), 
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3), 
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2), and 
63.9323(a)(3) and Table 5 to Subpart DDDDD of this part.
    (j) The following material is available for purchase from: British 
Standards Institute, 389 Chiswick High Road, London W4 4AL, United 
Kingdom.
    (1) BS EN 1593:1999, Non-destructive Testing: Leak Testing--Bubble 
Emission Techniques, IBR approved for Sec. 63.425(i)(2).
    (2) [Reserved]
    (k) The following material may be obtained from U.S. EPA, Office of 
Solid Waste (5305W), 1200 Pennsylvania Avenue, NW., Washington, DC 
20460:
    (1) Method 9071B, ``n-Hexane Extractable Material(HEM) for Sludge, 
Sediment, and Solid Samples,'' (Revision 2, April 1998) as published in 
EPA Publication SW-846: ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods.'' The incorporation by reference of Method 
9071B is approved for

[[Page 68]]

Section 63.7824(e) of Subpart FFFFF of this part.

[59 FR 12430, Mar. 16, 1994]

    Editorial Note: For Federal Register citations affecting Sec. 
63.14, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 70 FR 29404, May 20, 2005, Sec. 63.14 was 
amended by adding paragraph (k)(2), effective August 18, 2005. For the 
convenience of the user the added text is set forth as follows:

Sec. 63.14  Incorporations by reference.

                                * * * * *

    (k) * * *
    (2) Method 9095A, ``Paint Filter Liquids Test,'' (Revision 1, 
December 1996) as published in EPA Publication SW-846: ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' IBR approved 
for Sec. Sec. 63.7700(b) and 63.7765.



Sec. 63.15  Availability of information and confidentiality.

    (a) Availability of information. (1) With the exception of 
information protected through part 2 of this chapter, all reports, 
records, and other information collected by the Administrator under this 
part are available to the public. In addition, a copy of each permit 
application, compliance plan (including the schedule of compliance), 
notification of compliance status, excess emissions and continuous 
monitoring systems performance report, and title V permit is available 
to the public, consistent with protections recognized in section 503(e) 
of the Act.
    (2) The availability to the public of information provided to or 
otherwise obtained by the Administrator under this part shall be 
governed by part 2 of this chapter.
    (b) Confidentiality. (1) If an owner or operator is required to 
submit information entitled to protection from disclosure under section 
114(c) of the Act, the owner or operator may submit such information 
separately. The requirements of section 114(c) shall apply to such 
information.
    (2) The contents of a title V permit shall not be entitled to 
protection under section 114(c) of the Act; however, information 
submitted as part of an application for a title V permit may be entitled 
to protection from disclosure.



Sec. 63.16  Performance Track Provisions.

    (a) Notwithstanding any other requirements in this part, an affected 
source at any major source or any area source at a Performance Track 
member facility, which is subject to regular periodic reporting under 
any subpart of this part, may submit such periodic reports at an 
interval that is twice the length of the regular period specified in the 
applicable subparts; provided, that for sources subject to permits under 
40 CFR part 70 or 71 no interval so calculated for any report of the 
results of any required monitoring may be less frequent than once in 
every six months.
    (b) Notwithstanding any other requirements in this part, the 
modifications of reporting requirements in paragraph (c) of this section 
apply to any major source at a Performance Track member facility which 
is subject to requirements under any of the subparts of this part and 
which has:
    (1) Reduced its total HAP emissions to less than 25 tons per year;
    (2) Reduced its emissions of each individual HAP to less than 10 
tons per year; and
    (3) Reduced emissions of all HAPs covered by each MACT standard to 
at least the level required for full compliance with the applicable 
emission standard.
    (c) For affected sources at any area source at a Performance Track 
member facility and which meet the requirements of paragraph (b)(3) of 
this section, or for affected sources at any major source that meet the 
requirements of paragraph (b) of this section:
    (1) If the emission standard to which the affected source is subject 
is based on add-on control technology, and the affected source complies 
by using add-on control technology, then all required reporting elements 
in the periodic report may be met through an annual certification that 
the affected source is meeting the emission standard by continuing to 
use that control technology. The affected source must continue to meet 
all relevant monitoring and recordkeeping requirements. The compliance 
certification

[[Page 69]]

must meet the requirements delineated in Clean Air Act section 
114(a)(3).
    (2) If the emission standard to which the affected source is subject 
is based on add-on control technology, and the affected source complies 
by using pollution prevention, then all required reporting elements in 
the periodic report may be met through an annual certification that the 
affected source is continuing to use pollution prevention to reduce HAP 
emissions to levels at or below those required by the applicable 
emission standard. The affected source must maintain records of all 
calculations that demonstrate the level of HAP emissions required by the 
emission standard as well as the level of HAP emissions achieved by the 
affected source. The affected source must continue to meet all relevant 
monitoring and recordkeeping requirements. The compliance certification 
must meet the requirements delineated in Clean Air Act section 
114(a)(3).
    (3) If the emission standard to which the affected source is subject 
is based on pollution prevention, and the affected source complies by 
using pollution prevention and reduces emissions by an additional 50 
percent or greater than required by the applicable emission standard, 
then all required reporting elements in the periodic report may be met 
through an annual certification that the affected source is continuing 
to use pollution prevention to reduce HAP emissions by an additional 50 
percent or greater than required by the applicable emission standard. 
The affected source must maintain records of all calculations that 
demonstrate the level of HAP emissions required by the emission standard 
as well as the level of HAP emissions achieved by the affected source. 
The affected source must continue to meet all relevant monitoring and 
recordkeeping requirements. The compliance certification must meet the 
requirements delineated in Clean Air Act section 114(a)(3).
    (4) Notwithstanding the provisions of paragraphs (c)(1) through (3), 
of this section, for sources subject to permits under 40 CFR part 70 or 
71, the results of any required monitoring and recordkeeping must be 
reported not less frequently than once in every six months.

[69 FR 21753, Apr. 22, 2004]



 Subpart B_Requirements for Control Technology Determinations for Major 
 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 
                                 112(j)

    Source: 59 FR 26449, May 20, 1994, unless otherwise noted.



Sec. 63.40  Applicability of Sec. Sec. 63.40 through 63.44.

    (a) Applicability. The requirements of Sec. Sec. 63.40 through 
63.44 of this subpart carry out section 112(g)(2)(B) of the 1990 
Amendments.
    (b) Overall requirements. The requirements of Sec. Sec. 63.40 
through 63.44 of this subpart apply to any owner or operator who 
constructs or reconstructs a major source of hazardous air pollutants 
after the effective date of section 112(g)(2)(B) (as defined in Sec. 
63.41) and the effective date of a title V permit program in the State 
or local jurisdiction in which the major source is (or would be) located 
unless the major source in question has been specifically regulated or 
exempted from regulation under a standard issued pursuant to section 
112(d), section 112(h), or section 112(j) and incorporated in another 
subpart of part 63, or the owner or operator of such major source has 
received all necessary air quality permits for such construction or 
reconstruction project before the effective date of section 
112(g)(2)(B).
    (c) Exclusion for electric utility steam generating units. The 
requirements of this subpart do not apply to electric utility steam 
generating units unless and until such time as these units are added to 
the source category list pursuant to section 112(c)(5) of the Act.
    (d) Relationship to State and local requirements. Nothing in this 
subpart shall prevent a State or local agency from imposing more 
stringent requirements than those contained in this subpart.
    (e) Exclusion for stationary sources in deleted source categories. 
The requirements of this subpart do not apply to stationary sources that 
are within a source category that has been deleted from the source 
category list pursuant to section 112(c)(9) of the Act.

[[Page 70]]

    (f) Exclusion for research and development activities. The 
requirements of this subpart do not apply to research and development 
activities, as defined in Sec. 63.41.

[61 FR 68399, Dec. 27, 1996]



Sec. 63.41  Definitions.

    Terms used in this subpart that are not defined in this section have 
the meaning given to them in the Act and in subpart A.
    Affected source means the stationary source or group of stationary 
sources which, when fabricated (on site), erected, or installed meets 
the definition of ``construct a major source'' or the definition of 
``reconstruct a major source'' contained in this section.
    Affected States are all States:
    (1) Whose air quality may be affected and that are contiguous to the 
State in which a MACT determination is made in accordance with this 
subpart; or
    (2) Whose air quality may be affected and that are within 50 miles 
of the major source for which a MACT determination is made in accordance 
with this subpart.
    Available information means, for purposes of identifying control 
technology options for the affected source, information contained in the 
following information sources as of the date of approval of the MACT 
determination by the permitting authority:
    (1) A relevant proposed regulation, including all supporting 
information;
    (2) Background information documents for a draft or proposed 
regulation;
    (3) Data and information available for the Control Technology Center 
developed pursuant to section 113 of the Act;
    (4) Data and information contained in the Aerometric Informational 
Retrieval System including information in the MACT data base;
    (5) Any additional information that can be expeditiously provided by 
the Administrator; and
    (6) For the purpose of determinations by the permitting authority, 
any additional information provided by the applicant or others, and any 
additional information considered available by the permitting authority.
    Construct a major source means:
    (1) To fabricate, erect, or install at any greenfield site a 
stationary source or group of stationary sources which is located within 
a contiguous area and under common control and which emits or has the 
potential to emit 10 tons per year of any HAP's or 25 tons per year of 
any combination of HAP, or
    (2) To fabricate, erect, or install at any developed site a new 
process or production unit which in and of itself emits or has the 
potential to emit 10 tons per year of any HAP or 25 tons per year of any 
combination of HAP, unless the process or production unit satisfies 
criteria in paragraphs (2) (i) through (vi) of this definition.
    (i) All HAP emitted by the process or production unit that would 
otherwise be controlled under the requirements of this subpart will be 
controlled by emission control equipment which was previously installed 
at the same site as the process or production unit;
    (ii) (A) The permitting authority has determined within a period of 
5 years prior to the fabrication, erection, or installation of the 
process or production unit that the existing emission control equipment 
represented best available control technology (BACT), lowest achievable 
emission rate (LAER) under 40 CFR part 51 or 52, toxics--best available 
control technology (T-BACT), or MACT based on State air toxic rules for 
the category of pollutants which includes those HAP's to be emitted by 
the process or production unit; or
    (B) The permitting authority determines that the control of HAP 
emissions provided by the existing equipment will be equivalent to that 
level of control currently achieved by other well-controlled similar 
sources (i.e., equivalent to the level of control that would be provided 
by a current BACT, LAER, T-BACT, or State air toxic rule MACT 
determination);
    (iii) The permitting authority determines that the percent control 
efficiency for emissions of HAP from all sources to be controlled by the 
existing control equipment will be equivalent to the percent control 
efficiency provided by the control equipment prior to the inclusion of 
the new process or production unit;
    (iv) The permitting authority has provided notice and an opportunity 
for

[[Page 71]]

public comment concerning its determination that criteria in paragraphs 
(2)(i), (2)(ii), and (2)(iii) of this definition apply and concerning 
the continued adequacy of any prior LAER, BATC, T-BACT, or State air 
toxic rule MACT determination;
    (v) If any commenter has asserted that a prior LAER, BACT, T-BACT, 
or State air toxic rule MACT determination is no longer adequate, the 
permitting authority has determined that the level of control required 
by that prior determination remains adequate; and
    (vi) Any emission limitations, work practice requirements, or other 
terms and conditions upon which the above determinations by the 
permitting authority are applicable requirements under section 504(a) 
and either have been incorporated into any existing title V permit for 
the affected facility or will be incorporated into such permit upon 
issuance.
    Control technology means measures, processes, methods, systems, or 
techniques to limit the emission of hazardous air pollutants through 
process changes, substitution of materials or other modifications;
    (1) Reduce the quantity of, or eliminate emissions of, such 
pollutants through process changes, substitution of materials or other 
modifications;
    (2) Enclose systems or processes to eliminate emissions;
    (3) Collect, capture or treat such pollutants when released from a 
process, stack, storage or fugitive emissions point;
    (4) Are design, equipment, work practice, or operational standards 
(including requirements for operator training or certification) as 
provided in 42 U.S.C. 7412(h); or
    (5) Are a combination of paragraphs (1) through (4) of this 
definition.
    Effective date of section 112(g)(2)(B) in a State or local 
jurisdiction means the effective date specified by the permitting 
authority at the time the permitting authority adopts a program to 
implement section 112(g) with respect to construction or reconstruction 
or major sources of HAP, or June 29, 1998 whichever is earlier.
    Electric utility steam generating unit means any fossil fuel fired 
combustion unit of more than 25 megawatts that serves a generator that 
produces electricity for sale. A unit that co-generates steam and 
electricity and supplies more than one-third of its potential electric 
output capacity and more than 25 megawatts electric output to any 
utility power distribution system for sale shall be considered an 
electric utility steam generating unit.
    Greenfield suite means a contiguous area under common control that 
is an undeveloped site.
    List of Source Categories means the Source Category List required by 
section 112(c) of the Act.
    Maximum achievable control technology (MACT) emission limitation for 
new sources means the emission limitation which is not less stringent 
that the emission limitation achieved in practice by the best controlled 
similar source, and which reflects the maximum degree of deduction in 
emissions that the permitting authority, taking into consideration the 
cost of achieving such emission reduction, and any non-air quality 
health and environmental impacts and energy requirements, determines is 
achievable by the constructed or reconstructed major source.
    Notice of MACT Approval means a document issued by a permitting 
authority containing all federally enforceable conditions necessary to 
enforce the application and operation of MACT or other control 
technologies such that the MACT emission limitation is met.
    Permitting authority means the permitting authority as defined in 
part 70 or 71 of this chapter.
    Process or production unit means any collection of structures and/or 
equipment, that processes assembles, applies, or otherwise uses material 
inputs to produce or store an intermediate or final product. A single 
facility may contain more than one process or production unit.
    Reconstruct a major source means the replacement of components at an 
existing process or production unit that in and of itself emits or has 
that potential to emit 10 tons per year of any HAP or 25 tons per year 
of any combination of HAP, whenever:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the

[[Page 72]]

fixed capital cost that would be required to construct a comparable 
process or production unit; and
    (2) It is technically and economically feasible for the 
reconstructed major source to meet the applicable maximum achievable 
control technology emission limitation for new sources established under 
this subpart.
    Research and development activities means activities conducted at a 
research or laboratory facility whose primary purpose is to conduct 
research and development into new processes and products, where such 
source is operated under the close supervision of technically trained 
personnel and is not engaged in the manufacture of products for sale or 
exchange for commercial profit, except in a de minimis manner.
    Similar source means a stationary source or process that has 
comparable emissions and is structurally similar in design and capacity 
to a constructed or reconstructed major source such that the source 
could be controlled using the same control technology.

[61 FR 68399, Dec. 27, 1996]



Sec. 63.42  Program requirements governing construction or reconstruction 
of major sources.

    (a) Adoption of program. Each permitting authority shall review its 
existing programs, procedures, and criteria for preconstruction review 
for conformity to the requirements established by Sec. Sec. 63.40 
through 63.44, shall make any additions and revisions to its existing 
programs, procedures, and criteria that the permitting authority deems 
necessary to properly effectuate Sec. Sec. 63.40 through 63.44, and 
shall adopt a program to implement section 112(g) with respect to 
construction or reconstruction of major sources of HAP. As part of the 
adoption by the permitting authority of a program to implement section 
112(g) with respect to construction or reconstruction of major sources 
of HAP, the chief executive officer of the permitting authority shall 
certify that the program satisfies all applicable requirements 
established by Sec. Sec. 63.40 through 63.44, and shall specify an 
effective date for that program which is not later than June 29, 1998. 
Prior to the specified effective date, the permitting authority shall 
publish a notice stating that the permitting authority has adopted a 
program to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP and stating the effective date, 
and shall provide a written description of the program to the 
Administrator through the appropriate EPA Regional Office. Nothing in 
this section shall be construed either:
    (1) To require that any owner or operator of a stationary source 
comply with any requirement adopted by the permitting authority which is 
not intended to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP; or
    (2) To preclude the permitting authority from enforcing any 
requirements not intended to implement section 112(g) with respect to 
construction or reconstruction of major sources of HAP under any other 
provision of applicable law.
    (b) Failure to adopt program. In the event that the permitting 
authority fails to adopt a program to implement section 112(g) with 
respect to construction or reconstruction of major sources of HAP with 
an effective date on or before June 29, 1998, and the permitting 
authority concludes that it is able to make case-by-case MACT 
determinations which conform to the provisions of Sec. 63.43 in the 
absence of such a program, the permitting authority may elect to make 
such determinations. However, in those instances where the permitting 
authority elects to make case-by-case MACT determinations in the absence 
of a program to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP, no such case-by-case MACT 
determination shall take effect until after it has been submitted by the 
permitting authority in writing to the appropriate EPA Regional 
Adminstrator and the EPA Regional Administrator has concurred in writing 
that the case-by-case MACT determination by the permitting authority is 
in conformity with all requirements established by Sec. Sec. 63.40 
through 63.44. In the event that the permitting authority fails to adopt 
a program to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP with

[[Page 73]]

an effective date on or before June 29, 1998, and the permitting 
authority concludes that it is unable to make case-by-case MACT 
determinations in the absence of such a program, the permitting 
authority may request that the EPA Regional Administrator implement a 
transitional program to implement section 112(g) with respect to 
construction or reconstruction of major sources of HAP in the affected 
State of local jurisdiction while the permitting authority completes 
development and adoption of a section 112(g) program. Any such 
transitional section 112(g) program implemented by the EPA Regional 
Administrator shall conform to all requirements established by 
Sec. Sec. 63.40 through 63.44, and shall remain in effect for no more 
than 30 months. Continued failure by the permitting authority to adopt a 
program to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP shall be construed as a failure 
by the permitting authority to adequately administer and enforce its 
title V permitting program and shall constitute cause by EPA to apply 
the sanctions and remedies set forth in the Clean Air Act section 
502(I).
    (c) Prohibition. After the effective date of section 112(g)(2)(B) 
(as defined in Sec. 63.41) in a State or local jurisdiction and the 
effective date of the title V permit program applicable to that State or 
local jurisdiction, no person may begin actual construction or 
reconstruction of a major source of HAP in such State or local 
jurisdiction unless:
    (1) The major source in question has been specifically regulated or 
exempted from regulation under a standard issued pursuant to section 
112(d), section 112(h) or section 112(j) in part 63, and the owner and 
operator has fully complied with all procedures and requirements for 
preconstruction review established by that standard, including any 
applicable requirements set forth in subpart A of this part 63; or
    (2) The permitting authority has made a final and effective case-by-
case determination pursuant to the provisions of Sec. 63.43 such that 
emissions from the constructed or reconstructed major source will be 
controlled to a level no less stringent than the maximum achievable 
control technology emission limitation for new sources.

[61 FR 68400, Dec. 27, 1996, as amended at 64 FR 35032, June 30, 1999]



Sec. 63.43  Maximum achievable control technology (MACT) determinations 
for constructed and reconstructed major sources.

    (a) Applicability. The requirements of this section apply to an 
owner or operator who constructs or reconstructs a major source of HAP 
subject to a case-by-case determination of maximum achievable control 
technology pursuant to Sec. 63.42(c).
    (b) Requirements for constructed and reconstructed major sources. 
When a case-by-case determination of MACT is required by Sec. 63.42(c), 
the owner and operator shall obtain from the permitting authority an 
approved MACT determination according to one of the review options 
contained in paragraph (c) of this section.
    (c) Review options. (1) When the permitting authority requires the 
owner or operator to obtain, or revise, a permit issued pursuant to 
title V of the Act before construction or reconstruction of the major 
source, or when the permitting authority allows the owner or operator at 
its discretion to obtain or revise such a permit before construction or 
reconstruction, and the owner or operator elects that option, the owner 
or operator shall follow the administrative procedures in the program 
approved under title V of the Act (or in other regulations issued 
pursuant to title V of the Act, where applicable).
    (2) When an owner or operator is not required to obtain or revise a 
title V permit (or other permit issued pursuant to title V of the Act) 
before construction or reconstruction, the owner or operator (unless the 
owner or operator voluntarily follows the process to obtain a title V 
permit) shall either, at the discretion of the permitting authority:
    (i) Apply for and obtain a Notice of MACT Approval according to the 
procedures outlined in paragraphs (f) through (h) of this section; or
    (ii) Apply for a MACT determination under any other administrative 
procedures for preconstruction review and

[[Page 74]]

approval established by the permitting authority for a State or local 
jurisdiction which provide for public participation in the 
determination, and ensure that no person may begin actual construction 
or reconstruction of a major source in that State or local jurisdiction 
unless the permitting authority determines that the MACT emission 
limitation for new sources will be met.
    (3) When applying for a permit pursuant to title V of the Act, an 
owner or operator may request approval of case-by-case MACT 
determinations for alternative operating scenarios. Approval of such 
determinations satisfies the requirements of section 112(g) of each such 
scenario.
    (4) Regardless of the review process, the MACT emission limitation 
and requirements established shall be effective as required by paragraph 
(j) of this section, consistent with the principles established in 
paragraph (d) of this section, and supported by the information listed 
in paragraph (e) of this section. The owner or operator shall comply 
with the requirements in paragraphs (k) and (l) of this section, and 
with all applicable requirements in subpart A of this part.
    (d) Principles of MACT determinations. The following general 
principles shall govern preparation by the owner or operator of each 
permit application or other application requiring a case-by-case MACT 
determination concerning construction or reconstruction of a major 
source, and all subsequent review of and actions taken concerning such 
an application by the permitting authority:
    (1) The MACT emission limitation or MACT requirements recommended by 
the applicant and approved by the permitting authority shall not be less 
stringent than the emission control which is achieved in practice by the 
best controlled similar source, as determined by the permitting 
authority.
    (2) Based upon available information, as defined in this subpart, 
the MACT emission limitation and control technology (including any 
requirements under paragraph (d)(3) of this section) recommended by the 
applicant and approved by the permitting authority shall achieve the 
maximum degree of reduction in emissions of HAP which can be achieved by 
utilizing those control technologies that can be identified from the 
available information, taking into consideration the costs of achieving 
such emission reduction and any non-air quality health and environmental 
impacts and energy requirements associated with the emission reduction.
    (3) The applicant may recommend a specific design, equipment, work 
practice, or operational standard, or a combination thereof, and the 
permitting authority may approve such a standard if the permitting 
authority specifically determines that it is not feasible to prescribe 
or enforce an emission limitation under the criteria set forth in 
section 112(h)(2) of the Act.
    (4) If the Administrator has either proposed a relevant emission 
standard pursuant to section 112(d) or section 112(h) of the Act or 
adopted a presumptive MACT determination for the source category which 
includes the constructed or reconstructed major source, then the MACT 
requirements applied to the constructed or reconstructed major source 
shall have considered those MACT emission limitations and requirements 
of the proposed standard or presumptive MACT determination.
    (e) Application requirements for a case-by-case MACT determination. 
(1) An application for a MACT determination (whether a permit 
application under title V of the Act, an application for a Notice of 
MACT Approval, or other document specified by the permitting authority 
under paragraph (c)(2)(ii) of this section) shall specify a control 
technology selected by the owner or operator that, if properly operated 
and maintained, will meet the MACT emission limitation or standard as 
determined according to the principles set forth in paragraph (d) of 
this section.
    (2) In each instance where a constructed or reconstructed major 
source would require additional control technology or a change in 
control technology, the application for a MACT determination shall 
contain the following information:
    (i) The name and address (physical location) of the major source to 
be constructed or reconstructed;

[[Page 75]]

    (ii) A brief description of the major source to be constructed or 
reconstructed and identification of any listed source category or 
categories in which it is included;
    (iii) The expected commencement date for the construction or 
reconstruction of the major source;
    (iv) The expected completion date for construction or reconstruction 
of the major source;
    (v) the anticipated date of start-up for the constructed or 
reconstructed major source;
    (vi) The HAP emitted by the constructed or reconstructed major 
source, and the estimated emission rate for each such HAP, to the extent 
this information is needed by the permitting authority to determine 
MACT;
    (vii) Any federally enforceable emission limitations applicable to 
the constructed or reconstructed major source;
    (viii) The maximum and expected utilization of capacity of the 
constructed or reconstructed major source, and the associated 
uncontrolled emission rates for that source, to the extent this 
information is needed by the permitting authority to determine MACT;
    (ix) The controlled emissions for the constructed or reconstructed 
major source in tons/yr at expected and maximum utilization of capacity, 
to the extent this information is needed by the permitting authority to 
determine MACT;
    (x) A recommended emission limitation for the constructed or 
reconstructed major source consistent with the principles set forth in 
paragraph (d) of this section;
    (xi) The selected control technology to meet the recommended MACT 
emission limitation, including technical information on the design, 
operation, size, estimated control efficiency of the control technology 
(and the manufacturer's name, address, telephone number, and relevant 
specifications and drawings, if requested by the permitting authority);
    (xii) Supporting documentation including identification of 
alternative control technologies considered by the applicant to meet the 
emission limitation, and analysis of cost and non-air quality health 
environmental impacts or energy requirements for the selected control 
technology; and
    (xiii) Any other relevant information required pursuant to subpart 
A.
    (3) In each instance where the owner or operator contends that a 
constructed or reconstructed major source will be in compliance, upon 
startup, with case-by-case MACT under this subpart without a change in 
control technology, the application for a MACT determination shall 
contain the following information:
    (i) The information described in paragraphs (e)(2)(i) through 
(e)(2)(x) of this section; and
    (ii) Documentation of the control technology in place.
    (f) Administrative procedures for review of the Notice of MACT 
Approval. (1) The permitting authority will notify the owner or operator 
in writing, within 45 days from the date the application is first 
received, as to whether the application for a MACT determination is 
complete or whether additional information is required.
    (2) The permitting authority will initially approve the recommended 
MACT emission limitation and other terms set forth in the application, 
or the permitting authority will notify the owner or operator in writing 
of its intent to disapprove the application, within 30 calendar days 
after the owner or operator is notified in writing that the application 
is complete.
    (3) The owner or operator may present, in writing, within 60 
calendar days after receipt of notice of the permitting authority's 
intent to disapprove the application, additional information or 
arguments pertaining to, or amendments to, the application for 
consideration by the permitting authority before it decides whether to 
finally disapprove the application.
    (4) The permitting authority will either initially approve or issue 
a final disapproval of the application within 90 days after it notifies 
the owner or operator of an intent to disapprove or within 30 days after 
the date additional information is received from the owner or operator; 
whichever is earlier.
    (5) A final determination by the permitting authority to disapprove 
any application will be in writing and will

[[Page 76]]

specify the grounds on which the disapproval is based. If any 
application is finally disapproved, the owner or operator may submit a 
subsequent application concerning construction or reconstruction of the 
same major source, provided that the subsequent application has been 
amended in response to the stated grounds for the prior disapproval.
    (6) An initial decision to approve an application for a MACT 
determination will be set forth in the Notice of MACT Approval as 
described in paragraph (g) of this section.
    (g) Notice of MACT Approval. (1) The Notice of MACT Approval will 
contain a MACT emission limitation (or a MACT work practice standard if 
the permitting authority determines it is not feasible to prescribe or 
enforce an emission standard) to control the emissions of HAP. The MACT 
emission limitation or standard will be determined by the permitting 
authority and will conform to the principles set forth in paragraph (d) 
of this section.
    (2) The Notice of MACT Approval will specify any notification, 
operation and maintenance, performance testing, monitoring, reporting 
and record keeping requirements. The Notice of MACT Approval shall 
include:
    (i) In addition to the MACT emission limitation or MACT work 
practice standard established under this subpart, additional emission 
limits, production limits, operational limits or other terms and 
conditions necessary to ensure Federal enforceability of the MACT 
emission limitation;
    (ii) Compliance certifications, testing, monitoring, reporting and 
record keeping requirements that are consistent with the requirements of 
Sec. 70.6(c) of this chapter;
    (iii) In accordance with section 114(a)(3) of the Act, monitoring 
shall be capable of demonstrating continuous compliance during the 
applicable reporting period. Such monitoring data shall be of sufficient 
quality to be used as a basis for enforcing all applicable requirements 
established under this subpart, including emission limitations;
    (iv) A statement requiring the owner or operator to comply with all 
applicable requirements contained in subpart A of this part;
    (3) All provisions contained in the Notice of MACT Approval shall be 
federally enforceable upon the effective date of issuance of such 
notice, as provided by paragraph (j) of this section.
    (4) The Notice of MACT Approval shall expire if construction or 
reconstruction has not commenced within 18 months of issuance, unless 
the permitting authority has granted an extension which shall not exceed 
an additional 12 months.
    (h) Opportunity for public comment on the Notice of MACT Approval. 
(1) The permitting authority will provide opportunity for public comment 
on the Notice of MACT Approval, including, at a minimum:
    (i) Availability for public inspection in at least one location in 
the area affected of the information submitted by the owner or operator 
and of the permitting authority's initial decision to approve the 
application;
    (ii) A 30-day period for submittal of public comment; and
    (iii) A notice by prominent advertisement in the area affected of 
the location of the source information and initial decision specified in 
paragraph (h)(1)(i) of this section.
    (2) At the discretion of the permitting authority, the Notice of 
MACT Approval setting forth the initial decision to approve the 
application may become final automatically at the end of the comment 
period if no adverse comments are received. If adverse comments are 
received, the permitting authority shall have 30 days after the end of 
the comment period to make any necessary revisions in its analysis and 
decide whether to finally approve the application.
    (i) EPA notification. The permitting authority shall send a copy of 
the final Notice of MACT Approval, notice of approval of a title V 
permit application incorporating a MACT determination (in those 
instances where the owner or operator either is required or elects to 
obtain such a permit before construction or reconstruction), or other 
notice of approval issued pursuant to paragraph (c)(2)(ii) of this 
section to the Administrator through the appropriate Regional Office, 
and to all other State

[[Page 77]]

and local air pollution control agencies having jurisdiction in affected 
States.
    (j) Effective date. The effective date of a MACT determination shall 
be the date the Notice of MACT Approval becomes final, the date of 
issuance of a title V permit incorporating a MACT determination (in 
those instances where the owner or operator either is required or elects 
to obtain such a permit before construction or reconstruction), or the 
date any other notice of approval issued pursuant to paragraph 
(c)(2)(ii) of this section becomes final.
    (k) Compliance date. On and after the date of start-up, a 
constructed or reconstructed major source which is subject to the 
requirements of this subpart shall be in compliance with all applicable 
requirements specified in the MACT determination.
    (l) Compliance with MACT determinations. (1) An owner or operator of 
a constructed or reconstructed major source that is subject to a MACT 
determination shall comply with all requirements in the final Notice of 
MACT Approval, the title V permit (in those instances where the owner or 
operator either is required or elects to obtain such a permit before 
construction or reconstruction), or any other final notice of approval 
issued pursuant to paragraph (c)(2)(ii) of this section, including but 
not limited to any MACT emission limitation or MACT work practice 
standard, and any notification, operation and maintenance, performance 
testing, monitoring, reporting, and recordkeeping requirements.
    (2) An owner or operator of a constructed or reconstructed major 
source which has obtained a MACT determination shall be deemed to be in 
compliance with section 112(g)(2)(B) of the Act only to the extent that 
the constructed or reconstructed major source is in compliance with all 
requirements set forth in the final Notice of MACT Approval, the title V 
permit (in those instances where the owner or operator either is 
required or elects to obtain such a permit before construction or 
reconstruction), or any other final notice of approval issued pursuant 
to paragraph (c)(2)(ii) of this section. Any violation of such 
requirements by the owner or operator shall be deemed by the permitting 
authority and by EPA to be a violation of the prohibition on 
construction or reconstruction in section 112(g)(2)(B) for whatever 
period the owner or operator is determined to be in violation of such 
requirements, and shall subject the owner or operator to appropriate 
enforcement action under the Act.
    (m) Reporting to the Administrator. Within 60 days of the issuance 
of a final Notice of MACT Approval, a title V permit incorporating a 
MACT determination (in those instances where the owner or operator 
either is required or elects to obtain such a permit before construction 
or reconstruction), or any other final notice of approval issued 
pursuant to paragraph (c)(2)(ii) of this section, the permitting 
authority shall provide a copy of such notice to the Administrator, and 
shall provide a summary in a compatible electronic format for inclusion 
in the MACT data base.

[20 FR 68401, Dec. 27, 1996]



Sec. 63.44  Requirements for constructed or reconstructed major sources 
subject to a subsequently promulgated MACT standard or MACT requirement.

    (a) If the Administrator promulgates an emission standard under 
section 112(d) or section 112(h) of the Act or the permitting authority 
issues a determination under section 112(j) of the Act that is 
applicable to a stationary source or group of sources which would be 
deemed to be a constructed or reconstructed major source under this 
subpart before the date that the owner or operator has obtained a final 
and legally effective MACT determination under any of the review options 
available pursuant to Sec. 63.43, the owner or operator of the 
source(s) shall comply with the promulgated standard or determination 
rather than any MACT determination under section 112(g) by the 
permitting authority, and the owner or operator shall comply with the 
promulgated standard by the compliance date in the promulgated standard.
    (b) If the Administrator promulgates an emission standard under 
section 112(d) or section 112(h) of the Act or the permitting authority 
makes a determination under section 112(j) of the Act that is applicable 
to a stationary

[[Page 78]]

source or group of sources which was deemed to be a constructed or 
reconstructed major source under this subpart and has been subject to a 
prior case-by-case MACT determination pursuant to Sec. 63.43, and the 
owner and operator obtained a final and legally effective case-by-case 
MACT determination prior to the promulgation date of such emission 
standard, then the permitting authority shall (if the initial title V 
permit has not yet been issued) issue an initial operating permit which 
incorporates the emission standard or determination, or shall (if the 
initial title V permit has been issued) revise the operating permit 
according to the reopening procedures in 40 CFR part 70 or part 71, 
whichever is relevant, to incorporate the emission standard or 
determination.
    (1) The EPA may include in the emission standard established under 
section 112(d) or section 112(h) of the Act a specific compliance date 
for those sources which have obtained a final and legally effective MACT 
determination under this subpart and which have submitted the 
information required by Sec. 63.43 to the EPA before the close of the 
public comment period for the standard established under section 112(d) 
of the Act. Such date shall assure that the owner or operator shall 
comply with the promulgated standard as expeditiously as practicable, 
but not longer than 8 years after such standard is promulgated. In that 
event, the permitting authority shall incorporate the applicable 
compliance date in the title V operating permit.
    (2) If no compliance date has been established in the promulgated 
112(d) or 112(h) standard or section 112(j) determination, for those 
sources which have obtained a final and legally effective MACT 
determination under this subpart, then the permitting authority shall 
establish a compliance date in the permit that assures that the owner or 
operator shall comply with the promulgated standard or determination as 
expeditiously as practicable, but not longer than 8 years after such 
standard is promulgated or a section 112(j) determination is made.
    (c) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, if the Administrator promulgates an emission standard 
under section 112(d) or section 112(h) of the Act or the permitting 
authority issues a determination under section 112(j) of the Act that is 
applicable to a stationary source or group of sources which was deemed 
to be a constructed or reconstructed major source under this subpart and 
which is the subject of a prior case-by-case MACT determination pursuant 
to Sec. 63.43, and the level of control required by the emission 
standard issued under section 112(d) or section 112(h) or the 
determination issued under section 112(j) is less stringent than the 
level of control required by any emission limitation or standard in the 
prior MACT determination, the permitting authority is not required to 
incorporate any less stringent terms of the promulgated standard in the 
title V operating permit applicable to such source(s) and may in its 
discretion consider any more stringent provisions of the prior MACT 
determination to be applicable legal requirements when issuing or 
revising such an operating permit.

[61 FR 68404, Dec. 27, 1996]



Sec. Sec. 63.45-63.49  [Reserved]



Sec. 63.50  Applicability.

    (a) General applicability. (1) The requirements of this section 
through Sec. 63.56 implement section 112(j) of the Clean Air Act (as 
amended in 1990). The requirements of this section through Sec. 63.56 
apply in each State beginning on the effective date of an approved title 
V permit program in such State. The requirements of this section through 
Sec. 63.56 do not apply to research or laboratory activities as defined 
in Sec. 63.51.
    (2) The requirements of this section through Sec. 63.56 apply to:
    (i) The owner or operator of affected sources within a source 
category or subcategory under this part that are located at a major 
source that is subject to an approved title V permit program and for 
which the Administrator has failed to promulgate emission standards by 
the section 112(j) deadlines. If title V applicability has been deferred 
for a source category, then section 112(j) is not applicable for sources 
in that category within that State, local or tribal jurisdiction until

[[Page 79]]

those sources become subject to title V permitting requirements; and
    (ii) Permitting authorities with an approved title V permit program.
    (b) Relationship to State and local requirements. Nothing in 
Sec. Sec. 63.50 through 63.56 shall prevent a State or local regulatory 
agency from imposing more stringent requirements, as a matter of State 
or local law, than those contained in Sec. Sec. 63.50 through 63.56.
    (c) The procedures in Sec. Sec. 63.50 through 63.56 apply for each 
affected source only after the section 112(j) deadline for the source 
category or subcategory in question has passed, and only until such time 
as a generally applicable Federal standard governing that source has 
been promulgated under section 112(d) or 112(h) of the Act. Once a 
generally applicable Federal standard governing that source has been 
promulgated, the owner or operator of the affected source and the 
permitting authority are not required to take any further actions to 
develop an equivalent emission limitation under section 112(j) of the 
Act.
    (d) Any final equivalent emission limitation for an affected source 
which is issued by the permitting authority pursuant to Sec. Sec. 63.50 
through 63.56 prior to promulgation of a generally applicable Federal 
standard governing that source under section 112(d) or 112(h) of the Act 
shall be deemed an applicable Federal requirement adopted pursuant to 
section 112(j) of the Act. Each such equivalent emission limitation 
shall take effect upon issuance of the permit containing that limitation 
under section 112(j)(5) of the Act, and shall remain applicable to the 
source until such time as it may be revised or supplanted pursuant to 
the procedures established by Sec. Sec. 63.50 through 63.56. Such a 
final equivalent emission limitation, and all associated requirements 
adopted pursuant to Sec. 63.52(f)(2), are directly enforceable under 
Federal law regardless of whether or not any permit in which they may be 
contained remains in effect.

[59 FR 26449, May 20, 1994, as amended at 67 FR 16605, Apr. 5, 2002; 68 
FR 32601, May 30, 2003]



Sec. 63.51  Definitions.

    Terms used in Sec. Sec. 63.50 through 63.56 that are not defined in 
this section have the meaning given to them in the Act, or in subpart A 
of this part.
    Affected source means the collection of equipment, activities, or 
both within a single contiguous area and under common control that is in 
a section 112(c) source category or subcategory for which the 
Administrator has failed to promulgate an emission standard by the 
section 112(j) deadline, and that is addressed by an applicable MACT 
emission limitation established pursuant to this subpart.
    Available information means, for purposes of conducting a MACT floor 
finding and identifying control technology options under this subpart, 
any information that is available as of the date on which the first Part 
2 MACT application is filed for a source in the relevant source category 
or subcategory in the State or jurisdiction; and, pursuant to the 
requirements of this subpart, is additional relevant information that 
can be expeditiously provided by the Administrator, is submitted by the 
applicant or others prior to or during the public comment period on the 
section 112(j) equivalent emission limitation for that source, or 
information contained in the information sources in paragraphs (1) 
through (5) of this definition.
    (1) A relevant proposed regulation, including all supporting 
information;
    (2) Relevant background information documents for a draft or 
proposed regulation.
    (3) Any relevant regulation, information or guidance collected by 
the Administrator establishing a MACT floor finding and/or MACT 
determination.
    (4) Relevant data and information available from the Clean Air 
Technology Center developed pursuant to section 112(l)(3) of the Act.
    (5) Relevant data and information contained in the Aerometric 
Information Retrieval System (AIRS).
    (6) Any additional information that can be expeditiously provided by 
the Administrator, and
    (7) Any information provided by applicants in an application for a 
permit, permit modification, administrative

[[Page 80]]

amendment, or Notice of MACT Approval pursuant to the requirements of 
this subpart.
    (8) Any additional relevant information provided by the applicant.
    Control technology means measures, processes, methods, systems, or 
techniques to limit the emission of hazardous air pollutants including, 
but not limited to, measures which:
    (1) Reduce the quantity, or eliminate emissions, of such pollutants 
through process changes, substitution of materials or other 
modifications;
    (2) Enclose systems or processes to eliminate emissions;
    (3) Collect, capture, or treat such pollutants when released from a 
process, stack, storage or fugitive emissions point;
    (4) Are design, equipment, work practice, or operational standards 
(including requirements for operator training or certification) as 
provided in 42 U.S.C. 7412(h); or
    (5) Are a combination of paragraphs (1) through (4) of this 
definition.
    Enhanced review means a review process containing all administrative 
steps needed to ensure that the terms and conditions resulting from the 
review process can be incorporated using title V permitting procedures.
    Equivalent emission limitation means an emission limitation, 
established under section 112(j) of the Act, which is equivalent to the 
MACT standard that EPA would have promulgated under section 112(d) or 
(h) of the Act.
    Maximum achievable control technology (MACT) emission limitation for 
existing sources means the emission limitation reflecting the maximum 
degree of reduction in emissions of hazardous air pollutants (including 
a prohibition on such emissions, where achievable) that the 
Administrator, taking into consideration the cost of achieving such 
emission reductions, and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable by sources in 
the category or subcategory to which such emission standard applies. 
This limitation shall not be less stringent than the MACT floor.
    Maximum achievable control technology (MACT) emission limitation for 
new sources means the emission limitation which is not less stringent 
than the emission limitation achieved in practice by the best controlled 
similar source, and which reflects the maximum degree of reduction in 
emissions of hazardous air pollutants (including a prohibition on such 
emissions, where achievable) that the Administrator, taking into 
consideration the cost of achieving such emission reduction, and any 
non-air quality health and environmental impacts and energy 
requirements, determines is achievable by sources in the category or 
subcategory to which such emission standard applies.
    Maximum Achievable Control Technology (MACT) floor means:
    (1) For existing sources:
    (i) The average emission limitation achieved by the best performing 
12 percent of the existing sources in the United States (for which the 
Administrator has emissions information), excluding those sources that 
have, within 18 months before the emission standard is proposed or 
within 30 months before such standard is promulgated, whichever is 
later, first achieved a level of emission rate or emission reduction 
which complies, or would comply if the source is not subject to such 
standard, with the lowest achievable emission rate (as defined in 
section 171 of the Act) applicable to the source category and prevailing 
at the time, in the category or subcategory, for categories and 
subcategories of stationary sources with 30 or more sources; or
    (ii) The average emission limitation achieved by the best performing 
five sources (for which the Administrator has or could reasonably obtain 
emissions information) in the category or subcategory, for categories or 
subcategories with fewer than 30 sources;
    (2) For new sources, the emission limitation achieved in practice by 
the best controlled similar source.
    New affected source means the collection of equipment, activities, 
or both, that if constructed after the issuance of a section 112(j) 
permit for the source pursuant to Sec. 63.52, is subject to the 
applicable MACT emission limitation for new sources. Each permit must 
define the term ``new affected source,'' which will be the same as the 
``affected source'' unless a different collection is

[[Page 81]]

warranted based on consideration of factors including:
    (1) Emission reduction impacts of controlling individual sources 
versus groups of sources;
    (2) Cost effectiveness of controlling individual equipment;
    (3) Flexibility to accommodate common control strategies;
    (4) Cost/benefits of emissions averaging;
    (5) Incentives for pollution prevention;
    (6) Feasibility and cost of controlling processes that share common 
equipment (e.g., product recovery devices);
    (7) Feasibility and cost of monitoring; and
    (8) Other relevant factors.
    Permitting authority means the permitting authority as defined in 
part 70 of this chapter.
    Research or laboratory activities means activities whose primary 
purpose is to conduct research and development into new processes and 
products where such activities are operated under the close supervision 
of technically trained personnel and are not engaged in the manufacture 
of products for commercial sale in commerce, except in a de minimis 
manner; and where the source is not in a source category, specifically 
addressing research or laboratory activities, that is listed pursuant to 
section 112(c)(7) of the Act.
    Section 112(j) deadline means the date 18 months after the date for 
which a relevant standard is scheduled to be promulgated under this 
part, except that for all major sources listed in the source category 
schedule for which a relevant standard is scheduled to be promulgated by 
November 15, 1994, the section 112(j) deadline is November 15, 1996, and 
for all major sources listed in the source category schedule for which a 
relevant standard is scheduled to be promulgated by November 15, 1997, 
the section 112(j) deadline is December 15, 1999.
    Similar source means that equipment or collection of equipment that, 
by virtue of its structure, operability, type of emissions and volume 
and concentration of emissions, is substantially equivalent to the new 
affected source and employs control technology for control of emissions 
of hazardous air pollutants that is practical for use on the new 
affected source.
    Source category schedule for standards means the schedule for 
promulgating MACT standards issued pursuant to section 112(e) of the 
Act.

[59 FR 26449, May 20, 1994, as amended at 61 FR 21372, May 10, 1996; 64 
FR 26314, May 14, 1999; 67 FR 16605, Apr. 5, 2002]



Sec. 63.52  Approval process for new and existing affected sources.

    (a) Sources subject to section 112(j) as of the section 112(j) 
deadline. The requirements of paragraphs (a)(1) and (2) of this section 
apply to major sources that include, as of the section 112(j) deadline, 
one or more sources in a category or subcategory for which the 
Administrator has failed to promulgate an emission standard under this 
part on or before an applicable section 112(j) deadline. Existing source 
MACT requirements (including relevant compliance deadlines), as 
specified in a title V permit issued to the source pursuant to the 
requirements of the subpart, must apply to such sources.
    (1) The owner or operator must submit an application for a title V 
permit or for a revision to an existing title V permit or a pending 
title V permit meeting the requirements of Sec. 63.53(a) by the section 
112(j) deadline if the owner or operator can reasonably determine that 
one or more sources at the major source belong in the category or 
subcategory subject to section 112(j).
    (2) If an application was not submitted under paragraph (a)(1) of 
this section and if notified by the permitting authority, the owner or 
operator must submit an application for a title V permit or for a 
revision to an existing title V permit or a pending title V permit 
meeting the requirements of Sec. 63.53(a) within 30 days after being 
notified in writing by the permitting authority that one or more sources 
at the major source belong to such category or subcategory. Permitting 
authorities are not required to make such notification.
    (3) The requirements in paragraphs (a)(3)(i) through (ii) of this 
section apply when the owner or operator has

[[Page 82]]

obtained a title V permit that incorporates a case-by-case MACT 
determination by the permitting authority under section 112(g) or has 
submitted a title V permit application for a revision that incorporates 
a case-by-case MACT determination under section 112(g), but has not 
submitted an application for a title V permit revision that addresses 
the emission limitation requirements of section 112(j).
    (i) When the owner or operator has a title V permit that 
incorporates a case-by-case MACT determination by the permitting 
authority under section 112(g), the owner or operator must submit an 
application meeting the requirements of Sec. 63.53(a) for a title V 
permit revision within 30 days of the section 112(j) deadline or within 
30 days of being notified in writing by the permitting authority that 
one or more sources at the major source belong in such category or 
subcategory. Using the procedures established in paragraph (e) of this 
section, the permitting authority must determine whether the emission 
limitations adopted pursuant to the prior case-by-case MACT 
determination under section 112(g) are substantially as effective as the 
emission limitations which the permitting authority would otherwise 
adopt pursuant to section 112(j) for the source in question. If the 
permitting authority determines that the emission limitations previously 
adopted to effectuate section 112(g) are substantially as effective as 
the emission limitations which the permitting authority would otherwise 
adopt to effectuate section 112(j) for the source, then the permitting 
authority must retain the existing emission limitations in the permit as 
the emission limitations to effectuate section 112(j). The title V 
permit applicable to that source must be revised accordingly. If the 
permitting authority does not retain the existing emission limitations 
in the permit as the emission limitations to effectuate section 112(j), 
the MACT requirements of this subpart are satisfied upon issuance of a 
revised title V permit incorporating any additional section 112(j) 
requirements.
    (ii) When the owner or operator has submitted a title V permit 
application that incorporates a case-by-case MACT determination by the 
permitting authority under section 112(g), but has not received the 
permit incorporating the section 112(g) requirements, the owner or 
operator must continue to pursue a title V permit that addresses the 
emission limitation requirements of section 112(g). Within 30 days of 
issuance of that title V permit, the owner or operator must submit an 
application meeting the requirements of Sec. 63.53(a) for a change to 
the existing title V permit. Using the procedures established in 
paragraph (e) of this section, the permitting authority must determine 
whether the emission limitations adopted pursuant to the prior case-by-
case MACT determination under section 112(g) are substantially as 
effective as the emission limitations which the permitting authority 
would otherwise adopt pursuant to section 112(j) for the source in 
question. If the permitting authority determines that the emission 
limitations previously adopted to effectuate section 112(g) are 
substantially as effective as the emission limitations which the 
permitting authority would otherwise adopt to effectuate section 112(j) 
for the source, then the permitting authority must retain the existing 
emission limitations in the permit as the emission limitations to 
effectuate section 112(j). The title V permit applicable to that source 
must be revised accordingly. If the permitting authority does not retain 
the existing emission limitations in the permit as the emission 
limitations to effectuate section 112(j), the MACT requirements of this 
subpart are satisfied upon issuance of a revised title V permit 
incorporating any additional section 112(j) requirements.
    (b) Sources that become subject to section 112(j) after the section 
112(j) deadline and that do not have a title V permit addressing section 
112(j) requirements. The requirements of paragraphs (b)(1) through (4) 
of this section apply to sources that do not meet the criteria in 
paragraph (a) of this section on the section 112(j) deadline and are, 
therefore, not subject to section 112(j) on that date, but where events 
occur subsequent to the section 112(j) deadline that would bring the 
source under the requirements of this subpart, and the source does not 
have a title V permit

[[Page 83]]

that addresses the requirements of section 112(j).
    (1) When one or more sources in a category or subcategory subject to 
the requirements of this subpart are installed at a major source, or 
result in the source becoming a major source due to the installation, 
and the installation does not invoke section 112(g) requirements, the 
owner or operator must submit an application meeting the requirements of 
Sec. 63.53(a) within 30 days of startup of the source. This application 
shall be reviewed using the procedures established in paragraph (e) of 
this section. Existing source MACT requirements (including relevant 
compliance deadlines), as specified in a title V permit issued pursuant 
to the requirements of this subpart, shall apply to such sources.
    (2) The requirements in this paragraph apply when one or more 
sources in a category or subcategory subject to this subpart are 
installed at a major source, or result in the source becoming a major 
source due to the installation, and the installation does require 
emission limitations to be established and permitted under section 
112(g), and the owner or operator has not submitted an application for a 
title V permit revision that addresses the emission limitation 
requirements of section 112(j). In this case, the owner or operator must 
apply for and obtain a title V permit that addresses the emission 
limitation requirements of section 112(g). Within 30 days of issuance of 
that title V permit, the owner or operator must submit an application 
meeting the requirements of Sec. 63.53(a) for a revision to the 
existing title V permit. Using the procedures established in paragraph 
(e) of this section, the permitting authority must determine whether the 
emission limitations adopted pursuant to the prior case-by-case MACT 
determination under section 112(g) are substantially as effective as the 
emission limitations which the permitting authority would otherwise 
adopt pursuant to section 112(j) for the source in question. If the 
permitting authority determines that the emission limitations previously 
adopted to effectuate section 112(g) are substantially as effective as 
the emission limitations which the permitting authority would otherwise 
adopt to effectuate section 112(j) for the source, then the permitting 
authority must retain the existing emission limitations in the permit as 
the emission limitations to effectuate section 112(j). The title V 
permit applicable to that source must be revised accordingly. If the 
permitting authority does not retain the existing emission limitations 
in the permit as the emission limitations to effectuate section 112(j), 
the MACT requirements of this subpart are satisfied upon issuance of a 
revised title V permit incorporating any additional section 112(j) 
requirements.
    (3) The owner or operator of an area source that, due to a 
relaxation in any federally enforceable emission limitation (such as a 
restriction on hours of operation), increases its potential to emit 
hazardous air pollutants such that the source becomes a major source 
that is subject to this subpart, must submit an application meeting the 
requirements of Sec. 63.53(a) for a title V permit or for an 
application for a title V permit revision within 30 days after the date 
that such source becomes a major source. This application must be 
reviewed using the procedures established in paragraph (e) of this 
section. Existing source MACT requirements (including relevant 
compliance deadlines), as specified in a title V permit issued pursuant 
to the requirements of this subpart, must apply to such sources.
    (4) On or after April 5, 2002, if the Administrator establishes a 
lesser quantity emission rate under section 112(a)(1) of the Act that 
results in an area source becoming a major source that is subject to 
this subpart, then the owner or operator of such a major source must 
submit an application meeting the requirements of Sec. 63.53(a) for a 
title V permit or for a change to an existing title V permit or pending 
title V permit on or before the date 6 months after the date that such 
source becomes a major source. Existing source MACT requirements 
(including relevant compliance deadlines), as specified in a title V 
permit issued pursuant to the requirements of this subpart, shall apply 
to such sources.
    (c) Sources that have a title V permit addressing section 112(j) 
requirements.

[[Page 84]]

The requirements of paragraphs (c)(1) and (2) of this section apply to 
major sources that include one or more sources in a category or 
subcategory for which the Administrator fails to promulgate an emission 
standard under this part on or before an applicable section 112(j) 
deadline, and the owner or operator has a permit meeting the section 
112(j) requirements, and where changes occur at the major source to 
equipment, activities, or both, subsequent to the section 112(j) 
deadline.
    (1) If the title V permit already provides the appropriate 
requirements that address the events that occur under paragraph (c) of 
this section subsequent to the section 112(j) deadline, then the source 
must comply with the applicable new source MACT or existing source MACT 
requirements as specified in the permit, and the section 112(j) 
requirements are thus satisfied.
    (2) If the title V permit does not contain the appropriate 
requirements that address the events that occur under paragraph (c) of 
this section subsequent to the section 112(j) deadline, then the owner 
or operator must submit an application for a revision to the existing 
title V permit that meets the requirements of Sec. 63.53(a). The 
application must be submitted within 30 days of beginning construction 
and must be reviewed using the procedures established in paragraph (e) 
of this section. Existing source MACT requirements (including relevant 
compliance deadlines), as specified in a title V permit issued pursuant 
to the requirements of this subpart, shall apply to such sources.
    (d) Requests for applicability determination or notice of MACT 
approval.
    (1) An owner or operator who is unsure of whether one or more 
sources at a major source belong in a category or subcategory for which 
the Administrator has failed to promulgate an emission standard under 
this part may, on or before an applicable section 112(j) deadline, 
request an applicability determination from the permitting authority by 
submitting an application meeting the requirements of Sec. 63.53(a) by 
the applicable deadlines specified in paragraphs (a), (b), or (c) of 
this section.
    (2) In addition to meeting the requirements of paragraphs (a), (b), 
and (c) of this section, the owner or operator of a new affected source 
may submit an application for a Notice of MACT Approval before 
construction, pursuant to Sec. 63.54.
    (e) Permit application review.
    (e) Permit application review. (1) Each owner or operator who is 
required to submit to the permitting authority a Part 1 MACT application 
which meets the requirements of Sec. 63.53(a) for one or more sources 
in a category or subcategory subject to section 112(j) must also submit 
to the permitting authority a timely Part 2 MACT application for the 
same sources which meets the requirements of Sec. 63.53(b). Each owner 
or operator shall submit the Part 2 MACT application for the sources in 
a particular category or subcategory no later than the applicable date 
specified in Table 1 to this subpart. The submission date specified in 
Table 1 to this subpart for Miscellaneous Organic Chemical Manufacturing 
shall apply to sources in each of the source categories listed in Table 
2 to this subpart. When the owner or operator is required by Sec. Sec. 
63.50 through 63.56 to submit an application meeting the requirements of 
Sec. 63.53(a) by a date which is after the date for a Part 2 MACT 
application for sources in the category or subcategory in question 
established by Table 1 to this subpart, the owner or operator shall 
submit a Part 2 MACT application meeting the requirements of Sec. 
63.53(b) within 60 additional days after the applicable deadline for 
submission of the Part 1 MACT application. Part 2 MACT applications must 
be reviewed by the permitting authority according to procedures 
established in Sec. 63.55. The resulting MACT determination must be 
incorporated into the source's title V permit according to procedures 
established under title V, and any other regulations approved under 
title V in the jurisdiction in which the affected source is located.
    (2) Notwithstanding paragraph (e)(1) of this section, the owner or 
operator may request either an applicability determination or an 
equivalency determination by the permitting authority as provided in 
paragraphs (e)(2)(i) and (ii) of this section.

[[Page 85]]

    (i) Each owner or operator who submitted a request for an 
applicability determination pursuant to paragraph (d)(1) of this section 
on or before May 15, 2002, which remains pending before the permitting 
authority on May 30, 2003, and who still wishes to obtain such a 
determination, must resubmit that request by July 29, 2003, or by the 
date which is 60 days after the Administrator publishes in the Federal 
Register a proposed standard under section 112(d) or 112(h) of the Act 
for the category or subcategory in question, whichever is later. Each 
request for an applicability determination which is resubmitted under 
this paragraph (e)(2)(i) must be supplemented to discuss the relation 
between the source(s) in question and the applicability provision in the 
proposed standard for the category or subcategory in question, and to 
explain why there may still be uncertainties that require a 
determination of applicability. The permitting authority must take 
action upon each properly resubmitted and supplemented request for an 
applicability determination within an additional 60 days after the 
applicable deadline for the resubmitted request. If the applicability 
determination is positive, the owner or operator must submit a Part 2 
MACT application meeting the requirements of Sec. 63.53(b) by the date 
specified for the category or subcategory in question in Table 1 to this 
subpart. If the applicability determination is negative, then no further 
action by the owner or operator is necessary.
    (ii) As specified in paragraphs (a) and (b) of this section, an 
owner or operator who has submitted an application meeting the 
requirements of Sec. 63.53(a) may request a determination by the 
permitting authority of whether emission limitations adopted pursuant to 
a prior case-by-case MACT determination under section 112(g) that apply 
to one or more sources at a major source in a relevant category or 
subcategory are substantially as effective as the emission limitations 
which the permitting authority would otherwise adopt pursuant to section 
112(j) for the source in question. Such a request must be submitted by 
the date for the category or subcategory in question specified in Table 
1 to this subpart. Any owner or operator who previously submitted such a 
request under a prior version of this paragraph (e)(2)(ii) need not 
resubmit the request. Each request for an equivalency determination 
under this paragraph (e)(2)(ii), regardless of when it was submitted, 
will be construed in the alternative as a complete application for an 
equivalent emission limitation under section 112(j). The process for 
determination by the permitting authority of whether the emission 
limitations in the prior case-by-case MACT determination are 
substantially as effective as the emission limitations which the 
permitting authority would otherwise adopt under section 112(j) must 
include the opportunity for full public, EPA, and affected State review 
prior to a final determination. If the permitting authority determines 
that the emission limitations in the prior case-by-case MACT 
determination are substantially as effective as the emission limitations 
which the permitting authority would otherwise adopt under section 
112(j), then the permitting authority must adopt the existing emission 
limitations in the permit as the emission limitations to effectuate 
section 112(j) for the source in question. If more than 3 years remain 
on the current title V permit, the owner or operator must submit an 
application for a title V permit revision to make any conforming changes 
in the permit required to adopt the existing emission limitations as the 
section 112(j) MACT emission limitations. If less than 3 years remain on 
the current title V permit, any required conforming changes must be made 
when the permit is renewed. If the permitting authority determines that 
the emission limitations in the prior case-by-case MACT determination 
under section 112(g) are not substantially as effective as the emission 
limitations which the permitting authority would otherwise adopt for the 
source in question under section 112(j), the permitting authority must 
make a new MACT determination and adopt a title V permit incorporating 
an appropriate equivalent emission limitation under section 112(j). Such 
a determination constitutes final action for purposes of judicial review 
under 40 CFR 70.4(b)(3)(x)

[[Page 86]]

and corresponding State title V program provisions.
    (3) Within 60 days of submittal of the Part 2 MACT application, the 
permitting authority must notify the owner or operator in writing 
whether the application is complete or incomplete. The Part 2 MACT 
application shall be deemed complete on the date it was submitted unless 
the permitting authority notifies the owner or operator in writing 
within 60 days of the submittal that the Part 2 MACT application is 
incomplete. A Part 2 MACT application is complete if it is sufficient to 
begin processing the application for a title V permit addressing section 
112(j) requirements. In the event that the permitting authority 
disapproves a permit application or determines that the application is 
incomplete, the owner or operator must revise and resubmit the 
application to meet the objections of the permitting authority. The 
permitting authority must specify a reasonable period in which the owner 
or operator is required to remedy the deficiencies in the disapproved or 
incomplete application. This period may not exceed 6 months from the 
date the owner or operator is first notified that the application has 
been disapproved or is incomplete.
    (4) Following submittal of a Part 1 or Part 2 MACT application, the 
permitting authority may request additional information from the owner 
or operator. The owner or operator must respond to such requests in a 
timely manner.
    (5) If the owner or operator has submitted a timely and complete 
application as required by this section, any failure to have a title V 
permit addressing section 112(j) requirements shall not be a violation 
of section 112(j), unless the delay in final action is due to the 
failure of the applicant to submit, in a timely manner, information 
required or requested to process the application. Once a complete 
application is submitted, the owner or operator shall not be in 
violation of the requirement to have a title V permit addressing section 
112(j) requirements.
    (f) Permit content. The title V permit must contain an equivalent 
emission limitation (or limitations) for the relevant category or 
subcategory determined on a case-by-case basis by the permitting 
authority, or, if the applicable criteria in subpart D of this part are 
met, the title V permit may contain an alternative emission limitation. 
For the purposes of the preceding sentence, early reductions made 
pursuant to section 112(i)(5)(A) of the Act must be achieved not later 
than the date on which the relevant standard should have been 
promulgated according to the source category schedule for standards.
    (1) The title V permit must contain an emission standard or emission 
limitation that is equivalent to existing source MACT and an emission 
standard or emission limitation that is equivalent to new source MACT 
for control of emissions of hazardous air pollutants. The MACT emission 
standards or limitations must be determined by the permitting authority 
and must be based on the degree of emission reductions that can be 
achieved if the control technologies or work practices are installed, 
maintained, and operated properly. The permit must also specify the 
affected source and the new affected source. If construction of a new 
affected source or reconstruction of an affected source commences after 
a title V permit meeting the requirements of section 112(j) has been 
issued for the source, the new source MACT compliance dates must apply.
    (2) The title V permit must specify any notification, operation and 
maintenance, performance testing, monitoring, and reporting and 
recordkeeping requirements. In developing the title V permit, the 
permitting authority must consider and specify the appropriate 
provisions of subpart A of this part. The title V permit must also 
include the information in paragraphs (f)(2)(i) through (iii) of this 
section.
    (i) In addition to the MACT emission limitation required by 
paragraph (f)(1) of this section, additional emission limits, production 
limits, operational limits or other terms and conditions necessary to 
ensure practicable enforceability of the MACT emission limitation.
    (ii) Compliance certifications, testing, monitoring, reporting and 
recordkeeping requirements that are consistent with requirements 
established

[[Page 87]]

pursuant to title V and paragraph (h) of this section.
    (iii) Compliance dates by which the owner or operator must be in 
compliance with the MACT emission limitation and all other applicable 
terms and conditions of the permit.
    (A) The owner or operator of an affected source subject to the 
requirements of this subpart must comply with the emission limitation(s) 
by the date established in the source's title V permit. In no case shall 
such compliance date be later than 3 years after the issuance of the 
permit for that source, except where the permitting authority issues a 
permit that grants an additional year to comply in accordance with 
section 112(i)(3)(B) of the Act, or unless otherwise specified in 
section 112(i), or in subpart D of this part.
    (B) The owner or operator of a new affected source, as defined in 
the title V permit meeting the requirements of section 112(j), that is 
subject to the requirements of this subpart must comply with a new 
source MACT level of control immediately upon startup of the new 
affected source.
    (g) Permit issuance dates.
    The permitting authority must issue a title V permit meeting section 
112(j) requirements within 18 months after submittal of the complete 
Part 2 MACT application.
    (h) Enhanced monitoring. In accordance with section 114(a)(3) of the 
Act, monitoring shall be capable of demonstrating continuous compliance 
for each compliance period during the applicable reporting period. Such 
monitoring data shall be of sufficient quality to be used as a basis for 
directly enforcing all applicable requirements established under this 
subpart, including emission limitations.
    (i) MACT emission limitations.
    (1) The owner or operator of affected sources subject to paragraphs 
(a), (b), and (c) of this section must comply with all requirements of 
this subpart that are applicable to affected sources, including the 
compliance date for affected sources established in paragraph 
(f)(2)(iii)(A) of this section.
    (2) The owner or operator of new affected sources subject to 
paragraph (c)(1) of this section must comply with all requirements of 
this subpart that are applicable to new affected sources, including the 
compliance date for new affected sources established in paragraph 
(f)(2)(iii)(B) of this section.

[67 FR 16606, Apr. 5, 2002; 68 FR 32602, May 30, 2003]



Sec. 63.53  Application content for case-by-case MACT determinations.

    (a) Part 1 MACT application. The Part 1 application for a MACT 
determination must contain the information in paragraphs (a)(1) through 
(4) of this section.
    (1) The name and address (physical location) of the major source.
    (2) A brief description of the major source and an identification of 
the relevant source category.
    (3) An identification of the types of emission points belonging to 
the relevant source category.
    (4) An identification of any affected sources for which a section 
112(g) MACT determination has been made.
    (b) Part 2 MACT application.
    (1) In compiling a Part 2 MACT application, the owner or operator 
may cross-reference specific information in any prior submission by the 
owner or operator to the permitting authority, but in cross-referencing 
such information the owner or operator may not presume favorable action 
on any prior application or request which is still pending. In compiling 
a Part 2 MACT application, the owner or operator may also cross-
reference any part of a standard proposed by the Administrator pursuant 
to section 112(d) or 112(h) of the Act for any category or subcategory 
which includes sources to which the Part 2 application applies.
    (2) The Part 2 application for a MACT determination must contain the 
information in paragraphs (b)(2)(i) through (b)(2)(v) of this section.
    (i) For a new affected source, the anticipated date of startup of 
operation.
    (ii) Each emission point or group of emission points at the affected 
source which is part of a category or subcategory for which a Part 2 
MACT application is required, and each of the hazardous air pollutants 
emitted at those emission points. When the Administrator has proposed a 
standard pursuant to section 112(d) or 112(h) of

[[Page 88]]

the Act for a category or subcategory, such information may be limited 
to those emission points and hazardous air pollutants which would be 
subject to control under the proposed standard.
    (iii) Any existing Federal, State, or local limitations or 
requirements governing emissions of hazardous air pollutants from those 
emission points which are part of a category or subcategory for which a 
Part 2 application is required.
    (iv) For each identified emission point or group of affected 
emission points, an identification of control technology in place.
    (v) Any additional emission data or other information specifically 
requested by the permitting authority.
    (3) The Part 2 application for a MACT determination may, but is not 
required to, contain the following information:
    (i) Recommended emission limitations for the affected source and 
support information consistent with Sec. 63.52(f). The owner or 
operator may recommend a specific design, equipment, work practice, or 
operational standard, or combination thereof, as an emission limitation.
    (ii) A description of the control technologies that would be applied 
to meet the emission limitation including technical information on the 
design, operation, size, estimated control efficiency and any other 
information deemed appropriate by the permitting authority, and 
identification of the affected sources to which the control technologies 
must be applied.
    (iii) Relevant parameters to be monitored and frequency of 
monitoring to demonstrate continuous compliance with the MACT emission 
limitation over the applicable reporting period.

[67 FR 16609, Apr. 5, 2002, as amended at 68 FR 32602, May 30, 2003]



Sec. 63.54  Preconstruction review procedures for new affected sources.

    The requirements of this section apply to an owner or operator who 
constructs a new affected source subject to Sec. 63.52(c)(1). The 
purpose of this section is to describe alternative review processes that 
the permitting authority may use to make a MACT determination for the 
new affected source.
    (a) Review process for new affected sources. (1) If the permitting 
authority requires an owner or operator to obtain or revise a title V 
permit before construction of the new affected source, or when the owner 
or operator chooses to obtain or revise a title V permit before 
construction, the owner or operator must follow the procedures 
established under the applicable title V permit program before 
construction of the new affected source.
    (2) If an owner or operator is not required to obtain or revise a 
title V permit before construction of the new affected source (and has 
not elected to do so), but the new affected source is covered by any 
preconstruction or preoperation review requirements established pursuant 
to section 112(g) of the Act, then the owner or operator must comply 
with those requirements in order to ensure that the requirements of 
section 112(j) and (g) are satisfied. If the new affected source is not 
covered by section 112(g), the permitting authority, in its discretion, 
may issue a Notice of MACT Approval, or the equivalent, in accordance 
with the procedures set forth in paragraphs (b) through (f) of this 
section, or an equivalent permit review process, before construction or 
operation of the new affected source.
    (3) Regardless of the review process, the MACT determination shall 
be consistent with the principles established in Sec. 63.55. The 
application for a Notice of MACT Approval or a title V permit, permit 
modification, or administrative amendment, whichever is applicable, 
shall include the documentation required by Sec. 63.53.
    (b) Optional administrative procedures for preconstruction or 
preoperation review for new affected sources. The permitting authority 
may provide for an enhanced review of section 112(j) MACT determinations 
for review procedures and compliance requirements equivalent to those 
set forth in paragraphs (b) through (f) of this section.
    (1) The permitting authority will notify the owner or operator in 
writing as to whether the application for a MACT determination is 
complete or whether additional information is required.
    (2) The permitting authority will approve an applicant's proposed 
control

[[Page 89]]

technology, or the permitting authority will notify the owner or 
operator in writing of its intention to disapprove a control technology.
    (3) The owner or operator may present in writing, within a time 
frame specified by the permitting authority, additional information, 
considerations, or amendments to the application before the permitting 
authority's issuance of a final disapproval.
    (4) The permitting authority will issue a preliminary approval or 
issue a disapproval of the application, taking into account additional 
information received from the owner or operator.
    (5) A determination to disapprove any application will be in writing 
and will specify the grounds on which the disapproval is based.
    (6) Approval of an applicant's proposed control technology must be 
set forth in a Notice of MACT Approval (or the equivalent) as described 
in Sec. 63.52(f).
    (c) Opportunity for public comment on Notice of MACT Approval. The 
permitting authority will provide opportunity for public comment on the 
preliminary Notice of MACT Approval prior to issuance, including, at a 
minimum,
    (1) Availability for public inspection in at least one location in 
the area affected of the information submitted by the owner or operator 
and of the permitting authority's tentative determination;
    (2) A period for submittal of public comment of at least 30 days; 
and
    (3) A notice by prominent advertisement in the area affected of the 
location of the source information and analysis specified in Sec. 
63.52(f). The form and content of the notice must be substantially 
equivalent to that found in Sec. 70.7 of this chapter.
    (4) An opportunity for a public hearing, if one is requested. The 
permitting authority will give at least 30 days notice in advance of any 
hearing.
    (d) Review by the EPA and affected States. The permitting authority 
must send copies of the preliminary notice (in time for comment) and 
final notice required by paragraph (c) of this section to the 
Administrator through the appropriate Regional Office, and to all other 
State and local air pollution control agencies having jurisdiction in 
affected States. The permitting authority must provide EPA with a review 
period for the final notice of at least 45 days and shall not issue a 
final Notice of MACT Approval until EPA objections are satisfied.
    (e) Compliance with MACT determinations. An owner or operator of a 
major source that is subject to a MACT determination must comply with 
notification, operation and maintenance, performance testing, 
monitoring, reporting, and recordkeeping requirements established under 
Sec. 63.52(h), under title V, and at the discretion of the permitting 
authority, under subpart A of this part. The permitting authority must 
provide the EPA with the opportunity to review compliance requirements 
for consistency with requirements established pursuant to title V during 
the review period under paragraph (d) of this section.
    (f) Equivalency under section 112(l). If a permitting authority 
requires preconstruction review for new source MACT determinations under 
this subpart, such requirement shall not necessitate a determination 
under subpart E of this part.

[59 FR 26449, May 20, 1994, as amended at 67 FR 16610, Apr. 5, 2002]



Sec. 63.55  Maximum achievable control technology (MACT) determinations 
for affected sources subject to case-by-case determination of equivalent 
emission limitations.

    (a) Requirements for permitting authorities. The permitting 
authority must determine whether the Sec. 63.53(a) Part 1 and Sec. 
63.53(b) Part 2 MACT application is complete or an application for a 
Notice of MACT Approval is approvable. In either case, when the 
application is complete or approvable, the permitting authority must 
establish hazardous air pollutant emissions limitations equivalent to 
the limitations that would apply if an emission standard had been issued 
in a timely manner under section 112(d) or (h) of the Act. The 
permitting authority must establish these emissions limitations 
consistent with the following requirements and principles:
    (1) Emission limitations must be established for the equipment and 
activities within the affected sources within a source category or 
subcategory for

[[Page 90]]

which the section 112(j) deadline has passed.
    (2) Each emission limitation for an existing affected source must 
reflect the maximum degree of reduction in emissions of hazardous air 
pollutants (including a prohibition on such emissions, where achievable) 
that the permitting authority, taking into consideration the cost of 
achieving such emission reduction and any non-air quality health and 
environmental impacts and energy requirements, determines is achievable 
by affected sources in the category or subcategory for which the section 
112(j) deadline has passed. This limitation must not be less stringent 
than the MACT floor which must be established by the permitting 
authority according to the requirements of section 112(d)(3)(A) and (B) 
and must be based upon available information.
    (3) Each emission limitation for a new affected source must reflect 
the maximum degree of reduction in emissions of hazardous air pollutants 
(including a prohibition on such emissions, where achievable) that the 
permitting authority, taking into consideration the cost of achieving 
such emission reduction and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable. This 
limitation must not be less stringent than the emission limitation 
achieved in practice by the best controlled similar source which must be 
established by the permitting authority according to the requirements of 
section 112(d)(3). This limitation must be based upon available 
information.
    (4) The permitting authority must select a specific design, 
equipment, work practice, or operational standard, or combination 
thereof, when it is not feasible to prescribe or enforce an equivalent 
emission limitation due to the nature of the process or pollutant. It is 
not feasible to prescribe or enforce a limitation when the Administrator 
determines that hazardous air pollutants cannot be emitted through a 
conveyance designed and constructed to capture such pollutant, or that 
any requirement for, or use of, such a conveyance would be inconsistent 
with any Federal, State, or local law, or the application of measurement 
methodology to a particular class of sources is not practicable due to 
technological and economic limitations.
    (5) Nothing in this subpart shall prevent a State or local 
permitting authority from establishing an emission limitation more 
stringent than required by Federal regulations.
    (b) Reporting to EPA. The owner or operator must submit additional 
copies of its Part 1 and Part 2 MACT application for a title V permit, 
permit revision, or Notice of MACT Approval, whichever is applicable, to 
the EPA at the same time the material is submitted to the permitting 
authority.

[67 FR 16610, Apr. 5, 2002]



Sec. 63.56  Requirements for case-by-case determination of equivalent 
emission limitations after promulgation of subsequent MACT standard.

    (a) If the Administrator promulgates a relevant emission standard 
that is applicable to one or more affected sources within a major source 
before the date a permit application under this paragraph (a) is 
approved, the title V permit must contain the promulgated standard 
rather than the emission limitation determined under Sec. 63.52, and 
the owner or operator must comply with the promulgated standard by the 
compliance date in the promulgated standard.
    (b) If the Administrator promulgates a relevant emission standard 
under section 112(d) or (h) of the Act that is applicable to a source 
after the date a permit is issued pursuant to Sec. 63.52 or Sec. 
63.54, the permitting authority must incorporate requirements of that 
standard in the title V permit upon its next renewal. The permitting 
authority must establish a compliance date in the revised permit that 
assures that the owner or operator must comply with the promulgated 
standard within a reasonable time, but not longer than 8 years after 
such standard is promulgated or 8 years after the date by which the 
owner or operator was first required to comply with the emission 
limitation established by the permit, whichever is earlier. However, in 
no event shall the period for compliance for existing sources be shorter 
than

[[Page 91]]

that provided for existing sources in the promulgated standard.
    (c) Notwithstanding the requirements of paragraph (a) or (b) of this 
section, the requirements of paragraphs (c)(1) and (2) of this section 
shall apply.
    (1) If the Administrator promulgates an emission standard under 
section 112(d) or (h) that is applicable to an affected source after the 
date a permit application under this paragraph is approved under Sec. 
63.52 or Sec. 63.54, the permitting authority is not required to change 
the emission limitation in the permit to reflect the promulgated 
standard if the permitting authority determines that the level of 
control required by the emission limitation in the permit is 
substantially as effective as that required by the promulgated standard 
pursuant to Sec. 63.1(e).
    (2) If the Administrator promulgates an emission standard under 
section 112(d) or (h) of the Act that is applicable to an affected 
source after the date a permit application is approved under Sec. 63.52 
or Sec. 63.54, and the level of control required by the promulgated 
standard is less stringent than the level of control required by any 
emission limitation in the prior MACT determination, the permitting 
authority is not required to incorporate any less stringent emission 
limitation of the promulgated standard in the title V permit and may in 
its discretion consider any more stringent provisions of the MACT 
determination to be applicable legal requirements when issuing or 
revising such a title V permit.

 Table 1 to Subpart B of Part 63--Section 112(j) Part 2 Application Due 
                                  Dates

------------------------------------------------------------------------
              Due date                           MACT standard
------------------------------------------------------------------------
10/30/03............................  Combustion Turbines.
                                      Lime Manufacturing.
                                      Site Remediation.
                                      Iron and Steel Foundries.
                                      Taconite Iron Ore Processing.
                                      Miscellaneous Organic Chemical
                                       Manufacturing (MON).\1\
                                      Organic Liquids Distribution.
                                      Primary Magnesium Refining.
                                      Metal Can (Surface Coating).
                                      Plastic Parts and Products
                                       (Surface Coating).
                                      Chlorine Production.
                                      Miscellaneous Metal Parts and
                                       Products (Surface Coating) (and
                                       Asphalt/Coal Tar Application--
                                       Metal Pipes).\2\
4/28/04.............................  Industrial Boilers, Institutional/
                                       Commercial Boilers and Process
                                       Heaters.\3\
                                      Plywood and Composite Wood
                                       Products.
                                      Reciprocating Internal Combustion
                                       Engines.\4\
                                      Auto and Light-Duty Truck (Surface
                                       Coating).
8/13/05.............................  Industrial Boilers, Institutional/
                                       Commercial Boilers, and Process
                                       Heaters.\5\
                                      Hydrochloric Acid Production.\6\
------------------------------------------------------------------------
\1\ Covers 23 source categories, see Table 2 to this subpart.
\2\ Two source categories.
\3\ Includes all sources in the three categories, Industrial Boilers,
  Institutional/Commercial Boilers, and Process Heaters that burn no
  hazardous waste.
\4\ Includes engines greater than 500 brake horsepower.
\5\ Includes all sources in the three categories, Industrial Boilers,
  Institutional/Commercial Boilers, and Process Heaters that burn
  hazardous waste.
\6\ Includes furnaces that produce acid from hazardous waste at sources
  in the category Hydrochloric Acid Production.


[68 FR 32603, May 30, 2003]

         Table 2 to Subpart B of Part 63--MON Source Categories

Manufacture of Paints, Coatings, and Adhesives.
Alkyd Resins Production.
Maleic Anhydride Copolymers Production.
Polyester Resins Production.
Polymerized Vinylidene Chloride Production.
Polymethyl Methacrylate Resins Production.
Polyvinyl Acetate Emulsions Production.
Polyvinyl Alcohol Production.
Polyvinyl Butyral Production.
Ammonium Sulfate Production-Caprolactam By-Product Plants.
Quaternary Ammonium Compounds Production.
Benzyltrimethylammonium Chloride Production.
Carbonyl Sulfide Production.
Chelating Agents Production.
Chlorinated Paraffins Production.
Ethylidene Norbornene Production.
Explosives Production.
Hydrazine Production.
OBPA/1,3-Diisocyanate Production.
Photographic Chemicals Production.
Phthalate Plasticizers Production.
Rubber Chemicals Manufacturing.
Symmetrical Tetrachloropyridine Production.

[68 FR 32603, May 30, 2003]

[[Page 92]]



 Subpart C_List of Hazardous Air Pollutants, Petitions Process, Lesser 
               Quantity Designations, Source Category List



Sec. 63.60  Deletion of caprolactam from the list of hazardous air 
pollutants.

    The substance caprolactam (CAS number 105602) is deleted from the 
list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).

[61 FR 30823, June 18, 1996]



Sec. 63.61  [Reserved]



Sec. 63.62  Redefinition of glycol ethers listed as hazardous air 
pollutants.

    The following definition of the glycol ethers category of hazardous 
air pollutants applies instead of the definition set forth in 42 U.S.C. 
7412(b)(1), footnote 2: Glycol ethers include mono- and di-ethers of 
ethylene glycol, diethylene glycol, and triethylene glycol R-
(OCH2CH2)n-OR'.

Where:

n = 1, 2, or 3;
R = alkyl C7 or less; or
R = phenyl or alkyl substituted phenyl;
R'= H or alkyl C7 or less; or
OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or 
sulfonate.

[65 FR 47348, Aug. 2, 2000]



Sec. 63.63  Deletion of ethylene glycol monobutyl ether from the list of 
hazardous air pollutants.

    The substance ethylene glycol monobutyl ether (EGBE,2-Butoxyethanol) 
(CAS Number 111-76-2) is deleted from the list of hazardous air 
pollutants established by 42 U.S.C. 7412(b)(1).

[69 FR 69325, Nov. 29, 2004]



Sec. Sec. 63.64-63.69  [Reserved]



    Subpart D_Regulations Governing Compliance Extensions for Early 
                 Reductions of Hazardous Air Pollutants



Sec. 63.70  Applicability.

    The provisions of this subpart apply to an owner or operator of an 
existing source who wishes to obtain a compliance extension from a 
standard issued under section 112(d) of the Act. The provisions of this 
subpart also apply to a State or local agency acting pursuant to a 
permit program approved under title V of the Act. The Administrator will 
carry out the provisions of this subpart for any State that does not 
have an approved permit program.



Sec. 63.71  Definitions.

    All terms used in this subpart not defined in this section are given 
the same meaning as in the Act.
    Act means the Clean Air Act as amended.
    Actual emissions means the actual rate of emissions of a pollutant, 
but does not include excess emissions from a malfunction, or startups 
and shutdowns associated with a malfunction. Actual emissions shall be 
calculated using the source's actual operating rates, and types of 
materials processed, stored, or combusted during the selected time 
period.
    Artificially or substantially greater emissions means abnormally 
high emissions such as could be caused by equipment malfunctions, 
accidents, unusually high production or operating rates compared to 
historical rates, or other unusual circumstances.
    EPA conditional method means any method of sampling and analyzing 
for air pollutants that has been validated by the Administrator but that 
has not been published as an EPA Reference Method.
    EPA reference method means any method of sampling and analyzing for 
an air pollutant as described in appendix A of part 60 of this chapter, 
appendix B of part 61 of this chapter, or appendix A of part 63.
    Equipment leaks means leaks from pumps, compressors, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, agitators, accumulator vessels, and instrumentation 
systems in hazardous air pollutant service.
    Existing source means any source as defined in Sec. 63.72, the 
construction or reconstruction of which commenced prior to proposal of 
an applicable section 112(d) standard.
    Hazardous air pollutant (HAP) means any air pollutant listed 
pursuant to section 112(b) of the Act.

[[Page 93]]

    High-risk pollutant means a hazardous air pollutant listed in Table 
1 of Sec. 63.74.
    Malfunction means any sudden failure of air pollution control 
equipment or process equipment or of a process to operate in a normal or 
usual manner. Failures that are caused entirely or in part by poor 
maintenance, careless operation, or any other preventable upset 
condition or preventable equipment breakdown shall not be considered 
malfunctions.
    Not feasible to prescribe or enforce a numerical emission limitation 
means a situation in which the Administrator or a State determines that 
a pollutant (or stream of pollutants) listed pursuant to section 112(b) 
of the Act cannot be emitted through a conveyance designed and 
constructed to emit or capture such pollutant, or that any requirement 
for, or use of, such a conveyance would be inconsistent with any Federal 
law; or the application of measurement technology to a particular source 
is not practicable due to technological or economic limitations.
    Permitting authority means either a State agency with an approved 
permitting program under Title V of the Act or the Administrator in 
cases where the State does not have an approved permitting program.
    Post-reduction year means the one year period beginning with the 
date early reductions have to be achieved to qualify for a compliance 
extension under subpart D of this part, unless a source has established 
with the permitting authority an earlier one year period as the post-
reduction year. For most sources, the post-reduction year would begin 
with the date of proposal of the first section 112(d) standard 
applicable to the early reductions source; however, for sources that 
have made enforceable commitments, it would be the year from January 1, 
1994, through December 31, 1994.
    Responsible official means one of the following:
    (1) For a corporation, a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy- or decision-making 
functions for the corporation; or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the permitting authority.
    (2) For a partnership or sole proprietorship, a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency, 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., Regional Administrators of EPA).
    Reviewing agency means a State agency with an approved permitting 
program under Title V of the Act. An EPA Regional Office is the 
reviewing agency where the State does not have such an approved 
permitting program.
    State means a State or local air pollution control agency.

[57 FR 61992, Dec. 29, 1992, as amended at 59 FR 59924, Nov. 21, 1994]



Sec. 63.72  General provisions for compliance extensions.

    (a) Except as provided in paragraph (f) of this section, a 
permitting authority acting pursuant to a permitting program approved 
under Title V of the Act shall by permit allow an existing source to 
meet an alternative emission limitation in lieu of an emission 
limitation promulgated under section 112(d) of the Act for a period of 6 
years from the compliance date of the otherwise applicable standard 
provided the source owner or operator dem on strates:
    (1) According to the requirements of Sec. 63.74 that the source has 
achieved a reduction of 90 percent (95 percent or more in the case of 
hazardous air pollutants which are particulates) in emissions of:
    (i) Total hazardous air pollutants from the source;

[[Page 94]]

    (ii) Total hazardous air pollutants from the source as adjusted for 
high-risk pollutant weighting factors, if applicable.
    (2) That such reduction was achieved before proposal of an 
applicable standard or, for sources eligible to qualify for an 
alternative emission limitation as specified in paragraph (c) of this 
section, before January 1, 1994.
    (b) A source granted an alternative emission limitation shall comply 
with an applicable standard issued under section 112(d) of the Act 
immediately upon expiration of the six year compliance extension period 
specified in paragraph (a) of this section.
    (c) An existing source that achieves the reduction specified in 
paragraph (a)(1) of this section after proposal of an applicable section 
112(d) standard but before January 1, 1994, may qualify for an 
alternative emission limitation under paragraph (a) of this section if 
the source makes an enforceable commitment, prior to proposal of the 
applicable standard, to achieve such reduction. The enforceable 
commitment shall be made according to the procedures and requirements of 
Sec. 63.75.
    (d) For each permit issued to a source under paragraph (a) of this 
section, there shall be established as part of the permit an enforceable 
alternative emission limitation for hazardous air pollutants reflecting 
the reduction which qualified the source for the alternative emission 
limitation.
    (e) An alternative emission limitation shall not be available with 
respect to standards or requirements promulgated to provide an ample 
margin of safety to protect public health pursuant to section 112(f) of 
the Act, and the Administrator will, for the purpose of determining 
whether a standard under section 112(f) of the Act is necessary, review 
emissions from sources granted an alternative emission limitation under 
this subpart at the same time that other sources in the category or 
subcategory are reviewed.
    (f) Nothing in this subpart shall preclude a State from requiring 
hazardous air pollutant reductions in excess of 90 percent (95 percent 
in the case of particulate hazardous air pollutants) as a condition of 
such State granting an alternative emission limitation authorized in 
paragraph (a) of this section.



Sec. 63.73  Source.

    (a) An alternative emission limitation may be granted under this 
subpart to an existing source. For the purposes of this subpart only, a 
source is defined as follows:
    (1) A building structure, facility, or installation identified as a 
source by the EPA in appendix B of this part;
    (2) All portions of an entire contiguous plant site under common 
ownership or control that emit hazardous air pollutants;
    (3) Any portion of an entire contiguous plant site under common 
ownership or control that emits hazardous air pollutants and can be 
identified as a facility, building, structure, or installation for the 
purposes of establishing standards under section 112(d) of the Act; or
    (4) Any individual emission point or combination of emission points 
within a contiguous plant site under common control, provided that 
emission reduction from such point or aggregation of points constitutes 
a significant reduction of hazardous air pollutant emissions of the 
entire contiguous plant site.
    (b) For purposes of paragraph (a)(4) of this section, emissions 
reductions are considered significant if they are made from base year 
emissions of not less than:
    (1) A total of 10 tons per year of hazardous air pollutants where 
the total emissions of hazardous air pollutants in the base year from 
the entire contiguous plant site is greater than 25 tons per; or
    (2) A total of 5 tons per year of hazardous air pollutants where the 
total emissions of hazardous air pollutants in the base year from the 
entire contiguous plant site is less than or equal to 25 tons per year.



Sec. 63.74  Demonstration of early reduction.

    (a) An owner or operator applying for an alternative emission 
limitation shall demonstrate achieving early reductions as required by 
Sec. 63.72(a)(1) by following the procedures in this section.

[[Page 95]]

    (b) An owner or operator shall establish the source for the purposes 
of this subpart by documenting the following information:
    (1) A description of the source including: a site plan of the entire 
contiguous plant site under common control which contains the source, 
markings on the site plan locating the parts of the site that constitute 
the source, and the activity at the source which causes hazardous air 
pollutant emissions;
    (2) A complete list of all emission points of hazardous air 
pollutants in the source, including identification numbers and short 
descriptive titles; and
    (3) A statement showing that the source conforms to one of the 
allowable definition options from Sec. 63.73. For a source conforming 
to the option in Sec. 63.73(a)(4), the total base year emissions from 
the source, as determined pursuant to this section, shall be 
demonstrated to be at least:
    (i) 5 tons per year, for cases in which total hazardous air 
pollutant emissions from the entire contiguous plant site under common 
control are 25 tons per year or less as calculated under paragraph (1) 
of this section; or
    (ii) 10 tons per year in all other cases.
    (c) An owner or operator shall establish base year emissions for the 
source by providing the following information:
    (1) The base year chosen, where the base year shall be 1987 or later 
except that the base year may be 1985 or 1986 if the owner or operator 
of the source can demonstrate that emission data for the source for 1985 
or 1986 was submitted to the Administrator pursuant to an information 
request issued under section 114 of the Act and was received by the 
Administrator prior to November 15, 1990;
    (2) The best available data accounting for actual emissions, during 
the base year, of all hazardous air pollutants from each emission point 
listed in the source in paragraph (b)(2) of this section;
    (3) The supporting basis for each emission number provided in 
paragraph (c)(2) of this section including:
    (i) For test results submitted as the supporting basis, a 
description of the test protocol followed, any problems encountered 
during the testing, and a discussion of the validity of the method for 
measuring the subject emissions; and
    (ii) For calculations based on emission factors, material balance, 
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and 
their bases, and a brief rationale for the validity of the calculation 
method used; and
    (4) Evidence that the emissions provided under paragraph (c)(2) of 
this section are not artificially or substantially greater than 
emissions in other years prior to implementation of emission reduction 
measures.
    (d) An owner or operator shall establish post-reduction emissions by 
providing the following information:
    (1) For the emission points listed in the source in paragraph (b)(2) 
of this section, a description of all control measures employed to 
achieve the emission reduction required by Sec. 63.72(a)(1);
    (2) The best available data accounting for actual emissions, during 
the year following the applicable emission reduction deadline as 
specified in Sec. 63.72(a)(2), of all hazardous air pollutants from 
each emission point in the source listed pursuant to paragraph (b)(2) of 
this section.
    (3) The supporting basis for each emission number provided in 
paragraph (d)(2) of this section including:
    (i) For test results submitted as the supporting basis, a 
description of the test protocol followed, any problems encountered 
during the testing, and a discussion of the validity of the method for 
measuring the subject emissions; and
    (ii) For calculations based on emission factors, material balance, 
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and 
their bases, and a brief rationale for the validity of the calculation 
method used;
    (4) [Reserved]
    (5) Evidence that there was no increase in radionuclide emissions 
from the source.
    (e)(1) An owner or operator shall demonstrate that both total base 
year

[[Page 96]]

emissions and total base year emissions adjusted for high-risk 
pollutants, as applicable, have been reduced by at least 90 percent for 
gaseous hazardous air pollutants emitted and 95 percent for particulate 
hazardous air pollutants emitted by determining the following for 
gaseous and particulate emissions separately:
    (i) Total base year emissions, calculated by summing all base year 
emission data from paragraph (c)(2) of this section;
    (ii) Total post-reduction emissions, calculated by summing all post-
reduction emission data from paragraph (d)(2) of this section;
    (iii) (If applicable) Total base year emissions adjusted for high-
risk pollutants, calculated by multiplying each emission number for a 
pollutant from paragraph (c)(2) of this section by the appropriate 
weighting factor for the pollutant from Table 1 in paragraph (f) of this 
section and then summing all weighted emission data;
    (iv) (If applicable) Total post-reduction emissions adjusted for 
high-risk pollutants, calculated by multiplying each emission number for 
a pollutant from paragraph (d)(2) of this section by the appropriate 
weighting factor for the pollutant from Table 1 and then summing all 
weighted emission data; and
    (v) Percent reductions, calculated by dividing the difference 
between base year and post-reduction emissions by the base year 
emissions. Separate demonstrations are required for total gaseous and 
particulate emissions, and total gaseous and particulate emissions 
adjusted for high-risk pollutants.
    (2) If any points in the source emit both particulate and gaseous 
pollutants, as an alternative to the demonstration required in paragraph 
(e)(1) of this section, an owner or operator may demonstrate:
    (i) A weighted average percent reduction for all points emitting 
both particulate and gaseous pollutants where the weighted average 
percent reduction is determined by
[GRAPHIC] [TIFF OMITTED] TC21OC91.019

where %W=the required weighted percent reduction
[Sigma] Mg=the total mass rate (e.g., kg/yr) of all gaseous 
emissions
[Sigma] Mp=the total mass rate of all particulate emissions 
and,

    (ii) The reductions required in paragraph (e)(1) of this section for 
all other points in the source.
    (f) If lower rates or hours are used to achieve all or part of the 
emission reduction, any hazardous air pollutant emissions that occur 
from a compensating increase in rates or hours from the same activity 
elsewhere within the plant site which contains the source shall be 
counted in the post-reduction emissions from the source. If emission 
reductions are achieved by shutting down process equipment and the 
shutdown equipment is restarted or replaced anywhere within the plant 
site, any hazardous air pollutant emissions from the restarted or 
replacement equipment shall be counted in the post-reduction emissions 
for the source.

                  Table 1--List of High-Risk Pollutants
------------------------------------------------------------------------
                                                               Weighting
           CAS No.                       Chemical               factor
------------------------------------------------------------------------
53963.......................  2-Acetylaminofluorene.........         100
107028......................  Acrolein......................         100
79061.......................  Acrylamide....................          10
107131......................  Acrylonitrile.................          10
0...........................  Arsenic compounds.............         100
1332214.....................  Asbestos......................         100
71432.......................  Benzene.......................          10
92875.......................  Benzidine.....................        1000
0...........................  Beryllium compounds...........          10
542881......................  Bis(chloromethyl) ether.......        1000
106990......................  1,3-Butadiene.................          10
0...........................  Cadmium compounds.............          10
57749.......................  Chlordane.....................         100
532274......................  2-Chloroacetophenone..........         100
0...........................  Chromium compounds............         100
107302......................  Chloromethyl methyl ether.....          10
0...........................  Coke oven emissions...........          10
334883......................  Diazomethane..................          10
132649......................  Dibenzofuran..................          10
96128.......................  1,2-Dibromo-3-chloropropane...          10
111444......................  Dichloroethyl ether (Bis(2-             10
                               chloroethyl) ether).
79447.......................  Dimethylcarbamoyl chloride....         100
122667......................  1,2-Diphenylhydrazine.........          10
106934......................  Ethylene dibromide............          10
151564......................  Ethylenimine (Aziridine)......         100
75218.......................  Ethylene oxide................          10
76448.......................  Heptachlor....................         100
118741......................  Hexachlorobenezene............         100
77474.......................  Hexachlorocyclopentadiene.....          10
302012......................  Hydrazine.....................         100
0...........................  Manganese compounds...........          10
0...........................  Mercury compounds.............         100
60344.......................  Methyl hydrazine..............          10
624839......................  Methyl isocyanate.............          10
0...........................  Nickel compounds..............          10
62759.......................  N-Nitro sodi meth yl a mine...         100

[[Page 97]]

 
684935......................  N-Nitroso-N-methylurea........        1000
56382.......................  Parathion.....................          10
75445.......................  Phosgene......................          10
7803512.....................  Phosphine.....................          10
7723140.....................  Phosphorus....................          10
75558.......................  1,2-Propylenimine.............         100
1746016.....................  2,3,7,8-Tetrachlorodibenzo-p-      100,000
                               dioxin.
8001352.....................  Toxaphene (chlorinated                 100
                               camphene).
75014.......................  Vinyl chloride................          10
------------------------------------------------------------------------

    (g) The best available data representing actual emissions for the 
purpose of establishing base year or post-reduction emissions under this 
section shall consist of documented results from source tests using an 
EPA Reference Method, EPA Conditional Method, or the owner's or 
operator's source test method which has been validated pursuant to 
Method 301 of appendix A of this part. However, if one of the following 
conditions exists, an owner or operator may submit, in lieu of results 
from source tests, calculations based on engineering principles, 
emission factors, or material balance data as actual emission data for 
establishing base year or post-reduction emissions:
    (1) No applicable EPA Reference Method, EPA Conditional Method, or 
other source test method exists;
    (2) It is not technologically or economically feasible to perform 
source tests;
    (3) It can be demonstrated to the satisfaction of the reviewing 
agency that the calculations will provide emission estimates of accuracy 
comparable to that of any applicable source test method;
    (4) For base year emission estimates only, the base year conditions 
no longer exist at an emission point in the source and emission data 
could not be produced for such an emission point, by performing source 
tests under currently existing conditions and converting the test 
results to reflect base year conditions, that is more accurate than an 
estimate produced by using engineering principles, emission factors, or 
a material balance; or
    (5) The emissions from one or a set of emission points in the source 
are small compared to total source emissions and potential errors in 
establishing emissions from such points will not have a significant 
effect on the accuracy of total emissions established for the source.
    (h) For base year or post-reduction emissions established under this 
section that are not supported by source test data, the source owner or 
operator shall include the reason source testing was not performed.
    (i) [Reserved]
    (j) The EPA average emission factors for equipment leaks cannot be 
used under this subpart to establish base year emissions for equipment 
leak sources, unless the base year emission number calculated using the 
EPA average emission factors for equipment leaks also is used as the 
post-reduction emission number for equipment leaks from the source.
    (k) A source owner or operator shall not establish base year or 
post-reduction emissions that include any emissions from the source 
exceeding allowable emission levels specified in any applicable law, 
regulation, or permit condition.
    (l) For sources subject to paragraph (b)(3)(i) of this section, an 
owner or operator shall document total base year emissions from an 
entire contiguous plant site under common control by providing the 
information required pursuant to paragraphs (b)(2), (c)(2), and 
(e)(1)(i) of this section for all hazardous air pollutants from all 
emission points in the contiguous plant site under common control.
    (m) If a new pollutant is added to the list of hazardous air 
pollutants or high-risk pollutants, any source emitting such pollutant 
will not be required to revise an early reduction demonstration pursuant 
to this section if:
    (1) Alternative emission limits have previously been specified by 
permit for the source as provided for in Sec. 63.72(a); or
    (2) The base year emissions submitted in an enforceable commitment 
have previously been approved by the reviewing agency.

[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 62543, Nov. 29, 1993; 
59 FR 53110, Oct. 21, 1994]

[[Page 98]]



Sec. 63.75  Enforceable commitments.

    (a) To make an enforceable commitment an owner or operator shall 
submit a commitment to achieve the early reductions required under Sec. 
63.72(a)(1) to the appropriate EPA Regional Office and a copy of the 
commitment to the appropriate State, except that the commitment shall be 
submitted to the State and a copy to the EPA Regional Office if the 
State has an approved permitting program under Title V of the Act. A 
copy shall also be submitted to both the EPA Stationary Source 
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, 
DC 20460 and the EPA Emission Standards Division (MD-13), Research 
Triangle Park, NC 27711; attention both to the Early Reductions Officer. 
The commitment shall contain:
    (1) The name and address of the source;
    (2) The name and telephone number of the source owner or operator or 
other responsible official who can be contacted concerning the 
commitment;
    (3) An alternative mailing address if correspondence is to be 
directed to a location other than that given in paragraph (a)(1) of this 
section;
    (4) All information specified in Sec. 63.74(b), (c) and (e)(1)(i), 
which defines and describes the source and establishes the base year 
hazardous air pollutant emissions from the source;
    (5) The general plan for achieving the required hazardous air 
pollutant emissions reductions at the source including descriptions of 
emission control equipment to be employed, process changes or 
modifications to be made, and any other emission reduction measures to 
be used; and
    (6) A statement of commitment, signed by a responsible official of 
the source, containing the following:
    (i) A statement providing the post-reduction emission levels for 
total hazardous air pollutants and high-risk pollutants, as applicable, 
from the source on an annual basis which reflect a 90 percent (95 
percent for particulate pollutants) reduction from base year emissions;
    (ii) A statement certifying that the base year emission data 
submitted as part of the enforceable commitment constitute the best 
available data for base year emissions from the source, are correct to 
the best of the responsible official's knowledge, and are within 
allowable levels specified in any applicable law, regulation, or permit;
    (iii) A statement that it is understood by the source owner or 
operator that submission of base year emissions constitutes a response 
to an EPA request under the authority of section 114 of the Act and that 
the commitment is subject to enforcement according to Sec. 63.80; and
    (iv) A statement committing the source owner or operator to 
achieving the emission levels, listed in paragraph (a)(6), (i) of this 
section, at the source before January 1, 1994.
    (b) The following language may be used to satisfy the requirements 
of paragraphs (a)(6)(ii) through (a)(6)(iv) of this section:

    I certify to the best of my knowledge that the base year emissions 
given above are correct and constitute the best available data for base 
year emissions from the source, and acknowledge that these estimates are 
being submitted in response to an EPA request under section 114 of the 
Act. I further certify that the base year emissions provided for all 
emission points in the source do not exceed allowable emission levels 
specified in any applicable law, regulation, or permit condition. I 
commit to achieve before January 1, 1994, the stated post-reduction 
emission level(s) at the source, which will provide the 90 (95) percent 
reduction required to qualify for the compliance extension, and 
acknowledge that this commitment is enforceable as specified in title 
40, part 63, subpart D, of the Code of Federal Regulations.

    (c) A commitment for a source shall be submitted prior to proposal 
of an applicable standard issued under section 112(d) of the Act. 
Commitments received after the proposal date shall be void.
    (d) If test results for one or more emission points in a source are 
required to support base year emissions in an enforceable commitment but 
are not available prior to proposal of an applicable standard issued 
under section 112(d) of the Act, the test results may be submitted after 
the enforceable commitment is made but no later than 180 days after 
proposal of an applicable standard. In such cases, the enforceable 
commitment shall contain the best substitute emission data for the 
points

[[Page 99]]

in the source for which test results will be submitted later.
    (e) An owner or operator may rescind such a commitment prior to 
December 1, 1993 without penalty and forfeit the opportunity to obtain a 
six year compliance extension under this subpart.
    (f) An enforceable commitment submitted under this section shall not 
be in effect and enforceable until the base year emissions contained in 
the commitment have been approved according to the procedures in Sec. 
63.76. An owner or operator is under no obligation to continue to seek 
approval of commitments that have not been approved by December 1, 1993.
    (g) The control measure information required under Sec. 63.74(d)(1) 
as part of post-reduction emission documentation and submitted in a 
permit application according to the provisions of Sec. 63.77 shall 
become part of an existing enforceable commitment upon receipt of the 
permit application by the permitting authority. An owner or operator 
shall notify the permitting authority of any change made to the source 
during calendar year 1994 which affects such control measure information 
and shall mail the notice within 5 days (postmark date) of making the 
change. The notice shall be considered an amendment to the source's 
enforceable commitment.

[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 34370, June 25, 1993; 
58 FR 62543, Nov. 29, 1993; 59 FR 59924, Nov. 21, 1994]



Sec. 63.76  Review of base year emissions.

    (a) Pursuant to the procedures of this section, the appropriate 
reviewing agency shall review and approve or disapprove base year 
emission data submitted in an enforceable commitment under Sec. 63.75 
or in a request letter from an applicant that wishes to participate in 
the early reduction program but who is not required to submit an 
enforceable commitment. For review requests submitted to a State agency 
as the appropriate reviewing agency, a copy of the request also shall be 
submitted to the applicable EPA Regional Office. For review requests 
submitted to the EPA Regional Office as the appropriate reviewing 
agency, a copy of the request also shall be sent to the applicable State 
agency. Copies also shall be submitted to the EPA Stationary Source 
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, 
DC 20460 and the EPA Emission Standards Division (MD-13), Research 
Triangle Park, NC 27711; to the attention of the Early Reductions 
Officer.
    (b) Within 30 days of receipt of an enforceable commitment or base 
year emission data, the reviewing agency shall advise the applicant 
that:
    (1) The base year emission data are complete as submitted; or
    (2) The base year emission data are not complete and include a list 
of deficiencies that must be corrected before review can proceed.
    (c) EPA will publish a notice in the Federal Register which contains 
a list, accumulated for the previous month, of the sources for which 
complete base year emission data have been submitted and which are 
undergoing review either in the EPA Regional Office or a State agency 
within the EPA region. The notice will contain the name and location of 
each source and a contract in the EPA Regional Office for additional 
information.
    (d) Within 60 days of a determination that a base year emission data 
submission is complete, the reviewing agency shall evaluate the adequacy 
of the submission with respect to the requirements of Sec. 63.74 (b) 
and (c) and either:
    (1) Determine to approve the submission and publish a notice in a 
newspaper of general circulation in the area where the source is located 
or in a State publication designed to give general public notice, 
providing the aggregate base year emission data for the source and the 
rationale for the proposed approval, noting the availability of the 
nonconfidential information contained in the submission for public 
inspection in at least one location in the community in which the source 
is located, providing for a public hearing upon request by an interested 
party, and establishing a 30 day public comment period that can be 
extended to 60 days upon request by an interested party; or
    (2) Determine to disapprove the base year emission data and give 
notice to the applicant of the reasons for the disapproval. An applicant 
may correct

[[Page 100]]

disapproved base year data and submit revised data for review in 
accordance with this subsection, except that the review of a revision 
shall be accomplished within 30 days.
    (e) If no adverse public comments are received by the reviewing 
agency on proposed base year data for a source, the data shall be 
considered approved at the close of the public comment period and a 
notice of the approval shall be sent to the applicant and published by 
the reviewing agency by advertisement in the area affected.
    (f) If adverse comments are received and the reviewing agency agrees 
that corrections are needed, the reviewing agency shall give notice to 
the applicant of the disapproval and reasons for the disapproval. An 
applicant may correct disapproved base year emission data and submit 
revised emission data. If a revision is submitted by the applicant that, 
to the satisfaction of the reviewing agency, takes into account the 
adverse comments, the reviewing agency will publish by advertisement in 
the area affected a notice containing the approved base year emission 
data for the source and send notice of the approval to the applicant.
    (g) If adverse comments are received and the reviewing agency 
determines that the comments do not warrant changes to the base year 
emission data, the reviewing agency will publish by advertisement in the 
area affected a notice containing the approved base year emission data 
for the source and the reasons for not accepting the adverse comments. A 
notice of the approval also shall be sent to the applicant.
    (h) If an applicant submits revised emission data under paragraph 
(d)(2) or (f) of this section for a source subject to an enforceable 
commitment, the applicant also shall submit an amended enforceable 
commitment which takes into account the revised base year emissions.
    (i) If revised base year emission data are not submitted or notice 
of intent to submit revised data is not provided to the permitting 
authority by an applicant within 90 days of receiving adverse comments 
or a notice of disapproved base year emission data for a source that is 
subject to an enforceable commitment, the enforceable commitment shall 
be considered withdrawn and a notice to that effect shall be sent by the 
reviewing agency to the applicant.



Sec. 63.77  Application procedures.

    (a) To apply for an alternative emission limitation under Sec. 
63.72, an owner or operator of the source shall file a permit 
application with the appropriate permitting authority.
    (b) Except as provided in paragraph (e) of this section, the permit 
application shall contain the information required by Sec. 63.74, as 
applicable, and the additional information required for a complete 
permit application as specified by the applicable permit program 
established pursuant to title V of the Act.
    (c) Permit applications under this section for sources not subject 
to enforceable commitments shall be submitted by the later of the 
following dates:
    (1) 120 days after proposal of an otherwise applicable standard 
issued under section 112(d) of the Act; or
    (2) 120 days after the date an applicable permit program is approved 
or established pursuant to title V of the Act.
    (d) Permit applications for sources subject to enforceable 
commitments pursuant to Sec. 63.75 shall be submitted no later than 
April 30, 1994.
    (e) If the post-reduction year does not end at least one month 
before the permit application deadline under paragraph (c) of this 
section, the source may file the post-reduction emissions information 
required under Sec. 63.74(d)(2), (d)(3), and (d)(5) later as a 
supplement to the original permit application. In such cases, this 
supplemental information shall be submitted to the permitting authority 
no later than one month after the end of the post-reduction year.
    (f) If a source test will be the supporting basis for establishing 
post-reduction emissions for one or more emissions units in the early 
reductions source, the test results shall be submitted by the applicable 
deadline for submittal of a permit application as specified in paragraph 
(c) or (d) of this section.

[[Page 101]]

    (g) Review and disposition of permit applications submitted under 
this section will be accomplished according to the provisions of the 
applicable permit program established pursuant to title V of the Act.

[58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994]



Sec. 63.78  Early reduction demonstration evaluation.

    (a) The permitting authority will evaluate an early reduction 
demonstration submitted by the source owner or operator in a permit 
application with respect to the requirements of Sec. 63.74.
    (b) An application for a compliance extension may be denied if, in 
the judgement of the permitting authority, the owner or operator has 
failed to demonstrate that the requirements of Sec. 63.74 have been 
met. Specific reasons for denial include, but are not limited to:
    (1) The information supplied by the owner or operator is incomplete;
    (2) The required 90 percent reduction (95 percent in cases where the 
hazardous air pollutant is particulate matter) has not been 
demonstrated;
    (3) The base year or post-reduction emissions are incorrect, based 
on methods or assumptions that are not valid, or not sufficiently 
reliable or well documented to determine with reasonable certainty that 
required reductions have been achieved; or
    (4) The emission of hazardous air pollutants or the performance of 
emission control measures is unreliable so as to preclude determination 
that the required reductions have been achieved or will continue to be 
achieved during the extension period.



Sec. 63.79  Approval of applications.

    (a) If an early reduction demonstration is approved and other 
requirements for a complete permit application are met, the permitting 
authority shall establish by a permit issued pursuant to title V of the 
Act enforceable alternative emissions limitations for the source 
reflecting the reduction which qualified the source for the extension. 
However, if it is not feasible to prescribe a numerical emissions 
limitation for one or more emission points in the source, the permitting 
authority shall establish such other requirements, reflecting the 
reduction which qualified the source for an extension, in order to 
assure the source achieves the 90 percent or 95 percent reduction, as 
applicable.
    (b) An alternative emissions limitation or other requirement 
prescribed pursuant to paragraph (a) of this section shall be effective 
and enforceable immediately upon issuance of the permit for the source 
and shall expire exactly six years after the compliance date of an 
otherwise applicable standard issued pursuant to section 112(d) of the 
Act.



Sec. 63.80  Enforcement.

    (a) All base year or post-reduction emissions information described 
in Sec. 63.74 and required to be submitted as part of a permit 
application under Sec. 63.77 or an enforceable commitment under Sec. 
63.75 shall be considered to have been requested by the Administrator 
under the authority of section 114 of the Act.
    (b) Fraudulent statements contained in any base year or post-
reduction emissions submitted to a State or EPA Regional Office under 
this subpart shall be considered violations of section 114 of the Act 
and of this subpart and, thus, actionable under section 113 of the Act 
and can be considered, in appropriate cases, violations of 18 U.S.C. 
1001, the general false swearing provision of the United States Code.
    (c) If a source subject to an enforceable commitment fails to 
achieve reductions before January 1, 1994, sufficient to qualify the 
source for an extension under this subpart, the source shall be 
considered to be in violation of the commitment and shall be subject to 
enforcement action under section 113 of the Act.
    (d) If an early reduction demonstration in a permit application 
filed under Sec. 63.77 is disapproved for a source not subject to an 
enforceable commitment, the owner or operator shall comply with an 
applicable standard issued under section 112(d) of the Act by the 
compliance date specified in such standard.
    (e) If an early reduction demonstration in a permit application 
filed under Sec. 63.77 is disapproved for a source that

[[Page 102]]

is subject to an enforceable commitment, the owner or operator shall 
comply with an applicable standard issued under section 112(d) of the 
Act by the compliance date specified in such standard and will be 
subject to enforcement action under section 113 of the Act.
    (f) A violation of an alternative emission limitation or other 
requirement established by permit under Sec. 63.79 (a) or (b) for the 
source is enforceable pursuant to the authority of section 113 of the 
Act notwithstanding any demonstration of continuing 90 percent (95 
percent for hazardous air pollutants which are particulates) emission 
reduction over the entire source.



Sec. 63.81  Rules for special situations.

    (a) If more than one standard issued under section 112(d) of the Act 
would be applicable to a source as defined under Sec. 63.73, then the 
date of proposal referred to in Sec. Sec. 63.72(a)(2), 63.72(c), 
63.74(d)(4), 63.75(c), and 63.77(c) is the date the first applicable 
standard is proposed.
    (b) Sources emitting radionuclides are not required to reduce 
radionuclides by 90 (95) percent. Radionuclides may not be increased 
from the source as a result of the early reductions demonstration.



     Subpart E_Approval of State Programs and Delegation of Federal 
                               Authorities



Sec. 63.90  Program overview.

    The regulations in this subpart establish procedures consistent with 
section 112(l) of the Clean Air Act (Act)(42 U.S.C. 7401-7671q). This 
subpart establishes procedures for the approval of State rules, 
programs, or other requirements such as permit terms and conditions to 
be implemented and enforced in place of certain otherwise applicable 
section 112 Federal rules, emission standards, or requirements 
(including section 112 rules promulgated under the authority of the Act 
prior to the 1990 Amendments to the Act). The authority to implement and 
enforce section 112 Federal rules as promulgated without changes may be 
delegated under procedures established in this subpart. In this process, 
States may seek approval of a State mechanism for receiving delegation 
of existing and future unchanged Federal section 112 standards. This 
subpart clarifies which part 63, subpart A General Provisions 
authorities can be delegated to States. This subpart also establishes 
procedures for the review and withdrawal of section 112 implementation 
and enforcement authorities delegated through this subpart. This subpart 
also establishes procedures for the approval of State rules or programs 
to establish limitations on the potential to emit pollutants listed in 
or pursuant to section 112(b) of the Act.
    (a) Definitions. The following definitions apply to this subpart.
    Alternative requirements means the requirements, rules, permits, 
provisions, methods, or other enforceable mechanisms that a State 
submits for approval under this subpart or subpart A and, after 
approval, replaces the otherwise applicable Federal section 112 
requirements, provisions, or methods.
    Applicability criteria means the regulatory criteria used to define 
all affected sources subject to a specific section 112 rule.
    Approval means a determination by the Administrator that a State 
rule, program, or requirement meets the criteria of Sec. 63.91 and the 
additional criteria of either Sec. 63.92, Sec. 63.93, Sec. 63.94, or 
Sec. 63.97 as appropriate. For accidental release prevention programs, 
the criteria of Sec. 63.95 must be met in addition to the criteria of 
Sec. 63.91. This is considered a ``full approval'' for the purposes of 
this subpart. Partial approvals may also be granted as described in this 
subpart. Any approved requirements become applicable requirements under 
Sec. 70.2 of this chapter.
    Compliance and enforcement measures means requirements relating to 
compliance and enforcement, including but not necessarily limited to 
monitoring methods and procedures, recordkeeping, reporting, plans, 
inspection, maintenance, and operation requirements, pollution 
prevention requirements, noticing, field inspections, entry, sampling, 
or accidental release prevention oversight.
    Intermediate change to monitoring means a modification to federally 
required monitoring involving ``proven

[[Page 103]]

technology'' (generally accepted by the scientific community as 
equivalent or better) that is applied on a site-specific basis and that 
may have the potential to decrease the stringency of the associated 
emission limitation or standard. Though site-specific, an intermediate 
change may set a national precedent for a source category and may 
ultimately result in a revision to the federally required monitoring. 
Examples of intermediate changes to monitoring include, but are not 
limited to:
    (1) Use of a continuous emission monitoring system (CEMS) in lieu of 
a parameter monitoring approach;
    (2) Decreased frequency for non-continuous parameter monitoring or 
physical inspections;
    (3) Changes to quality control requirements for parameter 
monitoring; and
    (4) Use of an electronic data reduction system in lieu of manual 
data reduction.
    Intermediate change to test method means a within-method 
modification to a federally enforceable test method involving ``proven 
technology'' (generally accepted by the scientific community as 
equivalent or better) that is applied on a site-specific basis and that 
may have the potential to decrease the stringency of the associated 
emission limitation or standard. Though site-specific, an intermediate 
change may set a national precedent for a source category and may 
ultimately result in a revision to the federally enforceable test 
method. In order to be approved, an intermediate change must be 
validated according to EPA Method 301 (Part 63, Appendix A) to 
demonstrate that it provides equal or improved accuracy and precision. 
Examples of intermediate changes to a test method include, but are not 
limited to:
    (1) Modifications to a test method's sampling procedure including 
substitution of sampling equipment that has been demonstrated for a 
particular sample matrix, and use of a different impinger absorbing 
solution;
    (2) Changes in sample recovery procedures and analytical techniques, 
such as changes to sample holding times and use of a different 
analytical finish with proven capability for the analyte of interest; 
and
    (3) ``Combining'' a federally required method with another proven 
method for application to processes emitting multiple pollutants.
    Level of control means the degree to which a rule, program, or 
requirement limits emissions or employs design, equipment, work 
practice, or operational standards, accident prevention, or other 
requirements or techniques (including a prohibition of emissions) for:
    (1)(i) Each hazardous air pollutant, if individual pollutants are 
subject to emission limitations, and
    (ii) The aggregate total of hazardous air pollutants, if the 
aggregate grouping is subject to emission limitations, provided that the 
rule, program, or requirement would not lead to an increase in risk to 
human health or the environment; and
    (2) Each substance regulated under part 68 of this chapter.
    (3) Test methods and associated procedures and averaging times are 
integral to the level of control.
    Local agency means a local air pollution control agency or, for the 
purposes of Sec. 63.95, any local agency or entity having 
responsibility for preventing accidental releases which may occur at a 
source regulated under part 68 of this chapter.
    Major change to monitoring means a modification to federally 
required monitoring that uses ``unproven technology or procedures'' (not 
generally accepted by the scientific community) or is an entirely new 
method (sometimes necessary when the required monitoring is unsuitable). 
A major change to monitoring may be site-specific or may apply to one or 
more source categories and will almost always set a national precedent. 
Examples of major changes to monitoring include, but are not limited to:
    (1) Use of a new monitoring approach developed to apply to a control 
technology not contemplated in the applicable regulation;
    (2) Use of a predictive emission monitoring system (PEMS) in place 
of a required continuous emission monitoring system (CEMS);
    (3) Use of alternative calibration procedures that do not involve 
calibration gases or test cells;

[[Page 104]]

    (4) Use of an analytical technology that differs from that specified 
by a performance specification;
    (5) Decreased monitoring frequency for a continuous emission 
monitoring system, continuous opacity monitoring system, predictive 
emission monitoring system, or continuous parameter monitoring system;
    (6) Decreased monitoring frequency for a leak detection and repair 
program; and
    (7) Use of alternative averaging times for reporting purposes.
    Major change to recordkeeping/reporting means:
    (1) A modification to federally required recordkeeping or reporting 
that:
    (i) May decrease the stringency of the required compliance and 
enforcement measures for the relevant standards;
    (ii) May have national significance (e.g., might affect 
implementation of the applicable regulation for other affected sources, 
might set a national precedent); or
    (iii) Is not site-specific.
    (2) Examples of major changes to recordkeeping and reporting 
include, but are not limited to:
    (i) Decreases in the record retention for all records;
    (ii) Waiver of all or most recordkeeping or reporting requirements;
    (iii) Major changes to the contents of reports; or
    (iv) Decreases in the reliability of recordkeeping or reporting 
(e.g., manual recording of monitoring data instead of required automated 
or electronic recording, or paper reports where electronic reporting may 
have been required).
    Major change to test method means a modification to a federally 
enforceable test method that uses ``unproven technology or procedures'' 
(not generally accepted by the scientific community) or is an entirely 
new method (sometimes necessary when the required test method is 
unsuitable). A major change to a test method may be site-specific, or 
may apply to one or more sources or source categories, and will almost 
always set a national precedent. In order to be approved, a major change 
must be validated according to EPA Method 301 (Part 63, Appendix A). 
Examples of major changes to a test method include, but are not limited 
to:
    (1) Use of an unproven analytical finish;
    (2) Use of a method developed to fill a test method gap;
    (3) Use of a new test method developed to apply to a control 
technology not contemplated in the applicable regulation; and
    (4) Combining two or more sampling/analytical methods (at least one 
unproven) into one for application to processes emitting multiple 
pollutants.
    Minor change to monitoring means:
    (1) A modification to federally required monitoring that:
    (i) Does not decrease the stringency of the compliance and 
enforcement measures for the relevant standard;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation for other affected sources, 
does not set a national precedent, and individually does not result in a 
revision to the monitoring requirements); and
    (iii) Is site-specific, made to reflect or accommodate the 
operational characteristics, physical constraints, or safety concerns of 
an affected source.
    (2) Examples of minor changes to monitoring include, but are not 
limited to:
    (i) Modifications to a sampling procedure, such as use of an 
improved sample conditioning system to reduce maintenance requirements;
    (ii) Increased monitoring frequency; and
    (iii) Modification of the environmental shelter to moderate 
temperature fluctuation and thus protect the analytical instrumentation.
    Minor change to recordkeeping/reporting means:
    (1) A modification to federally required recordkeeping or reporting 
that:
    (i) Does not decrease the stringency of the compliance and 
enforcement measures for the relevant standards;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation for other affected sources, 
does not set a national precedent, and individually does not result in a 
revision to the recordkeeping or reporting requirement); and
    (iii) Is site-specific.

[[Page 105]]

    (2) Examples of minor changes to recordkeeping or reporting include, 
but are not limited to:
    (i) Changes to recordkeeping necessitated by alternatives to 
monitoring;
    (ii) Increased frequency of recordkeeping or reporting, or increased 
record retention periods;
    (iii) Increased reliability in the form of recording monitoring 
data, e.g., electronic or automatic recording as opposed to manual 
recording of monitoring data;
    (iv) Changes related to compliance extensions granted pursuant to 
Sec. 63.6(i);
    (v) Changes to recordkeeping for good cause shown for a fixed short 
duration, e.g., facility shutdown;
    (vi) Changes to recordkeeping or reporting that is clearly redundant 
with equivalent recordkeeping/reporting requirements; and
    (vii) Decreases in the frequency of reporting for area sources to no 
less than once a year for good cause shown, or for major sources to no 
less than twice a year as required by title V, for good cause shown.
    Minor change to test method means:
    (1) A modification to a federally enforceable test method that:
    (i) Does not decrease the stringency of the emission limitation or 
standard;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation for other affected sources, 
does not set a national precedent, and individually does not result in a 
revision to the test method); and
    (iii) Is site-specific, made to reflect or accommodate the 
operational characteristics, physical constraints, or safety concerns of 
an affected source.
    (2) Examples of minor changes to a test method include, but are not 
limited to:
    (i) Field adjustments in a test method's sampling procedure, such as 
a modified sampling traverse or location to avoid interference from an 
obstruction in the stack, increasing the sampling time or volume, use of 
additional impingers for a high moisture situation, accepting 
particulate emission results for a test run that was conducted with a 
lower than specified temperature, substitution of a material in the 
sampling train that has been demonstrated to be more inert for the 
sample matrix; and
    (ii) Changes in recovery and analytical techniques such as a change 
in quality control/quality assurance requirements needed to adjust for 
analysis of a certain sample matrix.
    Partial approval means that the Administrator approves under this 
subpart:
    (1) A State's legal authorities that fully meet the criteria of 
Sec. 63.91(d)(3)(ii)-(v), and substantially meet the criteria of Sec. 
63.91(d)(3)(i) as appropriate; or
    (2) A State rule or program that meets the criteria of Sec. Sec. 
63.92, 63.93, 63.94, 63.95, or 63.97 with the exception of a separable 
portion of that State rule or program which fails to meet those 
criteria. A separable portion of a State rule or program is defined as a 
section(s) of a rule or a portion(s) of a program which can be acted 
upon independently without affecting the overall integrity of the rule 
or program as a whole.
    Program means, for the purposes of an approval under this subpart, a 
collection of State authorities, resources, and other requirements that 
satisfy the criteria of this subpart and subpart A.
    State agency, for the purposes of this subpart, includes State and 
local air pollution agencies, Indian tribes as defined in Sec. 71.2 of 
this chapter, and territories of the United States to the extent they 
are or will be delegated Federal section 112 rules, emission standards, 
or requirements.
    Stringent or stringency means the degree of rigor, strictness or 
severity a statute, rule, emission standard, or requirement imposes on 
an affected source as measured by the quantity of emissions, or as 
measured by parameters relating to rule applicability and level of 
control, or as otherwise determined by the Administrator.
    Title V operating permit programs means the part 70 permitting 
program and the delegated Indian tribal programs under part 70 of this 
chapter.
    (b) Local agency coordination with State and territorial agencies. 
Local agencies submitting a rule or program for approval under this 
subpart shall

[[Page 106]]

consult with the relevant State or Territorial agency prior to making a 
request for approval to the Administrator. A State or Territorial agency 
may submit requests for approval on behalf of a local agency after 
consulting with that local agency.
    (c) Tribal authority. A tribal authority may submit a rule or 
program under this subpart, provided that the tribal authority has 
received approval, under the provisions of part 49 of this chapter, for 
administering Federal rules under section 112 of the Act.
    (d) Authorities retained by the Administrator. (1) The following 
authorities will be retained by the Administrator and will not be 
delegated:
    (i) The authority to add or delete pollutants from the list of 
hazardous air pollutants established under section 112(b);
    (ii)-(iii) [Reserved]
    (iv) The authority to add source categories to or delete source 
categories from the Federal source category list established under 
section 112(c)(1) or to subcategorize categories on the Federal source 
category list after proposal of a relevant emission standard;
    (v) The authority to revise the source category schedule established 
under section 112(e) by moving a source category to a later date for 
promulgation; and
    (vi) Any other authorities determined to be nondelegable by the 
Administrator.
    (2) Nothing in this subpart shall prohibit the Administrator from 
enforcing any applicable rule, emission standard or requirement 
established under section 112.
    (3) Nothing in this subpart shall affect the authorities and 
obligations of the Administrator or the State under title V of the Act 
or under regulations promulgated pursuant to that title.
    (e) Federally-enforceable requirements. All rules, programs, State 
or local permits, or other requirements approved under this subpart and 
all resulting part 70 operating permit conditions are enforceable by the 
Administrator and by citizens under the Act.
    (f) Standards not subject to modification or substitution. With 
respect to radionuclide emissions from licensees of the Nuclear 
Regulatory Commission or licensees of Nuclear Regulatory Commission 
Agreement States which are subject to part 61, subparts I, T, or W of 
this chapter, a State may request that the EPA approve delegation of 
implementation and enforcement of the Federal standard pursuant to Sec. 
63.91, but no changes or modifications in the form or content of the 
standard will be approved pursuant to Sec. 63.92, Sec. 63.93, Sec. 
63.94, or Sec. 63.97.
    (g) Selection of delegation options. (1) With the exception of 
paragraphs (g)(2) and (g)(3) of this section, States may only submit 
requests for approval of alternative requirements for a section 112 
Federal rule, emission standard, or other requirement under a single 
delegation option under this subpart.
    (2) In the case of Sec. 63.94 submittals, if the identified sources 
in any source category comprise a subset of the sources in that 
category, the State must accept delegation under one other section of 
this subpart for the remainder of the sources in that category that are 
required to be permitted by the State under part 70 of this chapter.
    (3) If the Administrator partially approves the State request per 
Sec. 63.91(f), the State may submit a request for the remaining section 
112 rules, emission standards, or requirements in that category under 
another section of this subpart.

[65 FR 55835, Sept. 14, 2000]



Sec. 63.91  Criteria for straight delegation and criteria common to all 
approval options.

    (a) Applicable approval criteria. A State must satisfy the criteria 
in paragraph (d) of this section for up-front approval to obtain 
delegation of the Federal section 112 rules, emission standards, or 
requirements. Once a State has demonstrated it meets the criteria in 
paragraph (d) of this section, it only needs to reference that 
demonstration and reaffirm that it still meets the criteria in future 
submittals. In addition, a State must satisfy the applicable approval 
criteria in Sec. Sec. 63.92, 63.93, 63.94, 63.95, or 63.97, as 
specified in the following paragraphs.
    (1) Unchanged Federal section 112 rules (``straight delegation''). 
To obtain approval of State programs to implement and enforce Federal 
section 112 rules as

[[Page 107]]

promulgated without changes (except for accidental release programs, 
described in paragraph (a)(4) of this section), only the criteria of 
paragraph (d) of this section must be met. This includes State requests 
for one-time approval of their mechanism for taking delegation of future 
unchanged Federal section 112 rules, emission standards, and 
requirements as well as approval to implement and enforce unchanged 
Federal section 112 rules, emission standards, and requirements on a 
rule-by-rule basis.
    (2) State rules, programs, or requirements that are different from 
the Federal rule. To obtain approval under this subpart of a rule, 
program, or requirement that is different from the Federal section 112 
rule, emission standard, or requirement, the criteria of paragraph (d) 
of this section and the criteria of either Sec. 63.92, Sec. 63.93, 
Sec. 63.94, or Sec. 63.97 must be met.
    (3) Separable portions of State rules, programs, or requirements 
(``partial approval''). To obtain partial approval under this subpart, a 
State request must meet the criteria in paragraphs (d) and (f) of this 
section.
    (4) Programs under part 68 of this chapter, prevention of accidental 
releases. For approval of State rules or programs to implement and 
enforce the Federal accidental release prevention program in part 68 of 
this chapter, as promulgated without changes, the provisions of 
paragraph (d) of this section, and Sec. 63.95 must be met. For approval 
of alternative requirements, the provisions of either Sec. 63.92 or 
Sec. 63.93 must also be met.
    (5) Limits on the potential to emit section 112 pollutants. The 
Administrator may, under the authority of section 112(l) and this 
subpart, also approve a State program designed to establish limits on 
the potential to emit hazardous air pollutants listed pursuant to 
section 112 of the Act.
    (b) Approval process. When a State submits an initial request for 
approval, and except as otherwise specified under Sec. 63.92, Sec. 
63.93, Sec. 63.94, Sec. 63.95, or Sec. 63.97, for a State's 
subsequent requests for approval, the approval process will be as shown 
in the following table:

------------------------------------------------------------------------
          If . . .                 Then . . .          And then . . .
------------------------------------------------------------------------
(1) A request for approval    the Administrator     if a request is
 is received.                  will review the       incomplete, the
                               request for           Administrator will
                               approval and          notify the State of
                               determine whether     the specific
                               the request is        deficient elements
                               complete according    of the request.
                               to the criteria in
                               this subpart.
(2) A complete request for    the Administrator     the Administrator
 approval is received.         will seek public      will require that
                               comment for a         comments be
                               minimum of 30 days    submitted
                               through a Federal     concurrently to the
                               Register notice on    State.
                               the State's request
                               for approval.
(3) A complete request for    the Administrator
 approval is received and      will either
 there has been a period of    approve, partially
 public comment.               approve, or
                               disapprove the
                               State rule,
                               program, or
                               requirement within
                               180 days of receipt
                               of a complete
                               request.
(4) The Administrator finds   the Administrator     the Administrator
 that all of the criteria of   will approve or       will publish it in
 this section are met and      partially approve     the Federal
 all of the criteria of Sec. the State rule,       Register, and
   63.92, Sec. 63.93, Sec. program, or           incorporate it
   63.94, Sec. 63.95, or     requirement.          directly or by
 Sec. 63.97 are met.                               reference, in the
                                                     appropriate subpart
                                                     of part 63.
                                                     Requirements
                                                     approved under Sec.
                                                       63.95 will be
                                                     incorporated
                                                     pursuant to
                                                     requirements under
                                                     part 68 of this
                                                     chapter.
(5) The Administrator finds   the Administrator     any resubmittal by a
 that any of the criteria of   will notify the       State of a request
 this section are not met,     State of any          for approval will
 or any of the criteria of     revisions or          be considered a new
 Sec. 63.92, Sec. 63.93,   additions necessary   request under this
 Sec. 63.94, Sec. 63.95,   to obtain approval.   subpart.
 or Sec. 63.97 under which
 the request for approval
 was made are not met.
(6) A State rule, program,    unless the State can  the Administrator
 or requirement is             revise the            will publish the
 disapproved.                  submittal to meet     disapproval in the
                               the criteria, the     Federal Register.
                               Administrator will
                               disapprove the
                               State rule,
                               program, or
                               requirement.
------------------------------------------------------------------------

    (c) Enforcement. (1) Approval of the alternative rule, program, or 
requirement delegates to the State the authority to implement and 
enforce the approved rule, program, or requirement

[[Page 108]]

in lieu of the otherwise applicable Federal section 112 rule, emission 
standard, or requirement.
    (i) The approved State rule, program, or requirement shall be 
federally enforceable from the date the Administrator signs the 
approval, with two exceptions. For States that implement unchanged 
Federal requirements (Sec. 63.91, straight delegation) via their title 
V permit program, and for States using the equivalency by permit option 
(63.94), the approved requirements shall be federally enforceable on the 
date of issuance or revision of the title V permit.
    (ii) In the case of a partial approval under paragraph (f)(1) of 
this section, only those authorities of the State request found to meet 
the requirements of this section will be approved; the remaining Federal 
authorities will be implemented and enforced by EPA.
    (iii) For partial approvals under paragraph (f)(3) of this section, 
only the portion of the State rule that is approved will be federally 
enforceable; the remainder continues to be State enforceable only.
    (2) When a State rule, program, or requirement is approved by the 
Administrator under this subpart, applicable title V permits shall be 
revised according to the provisions of Sec. 70.7(f) of this chapter.
    (i) Each permit shall specify the origin of the alternative 
conditions per Sec. 70.6 (a)(i) of this chapter and specifically 
reference the Federal Register notice or other EPA approval mechanism in 
the permit.
    (ii) When approved alternative requirements are incorporated in a 
permit, those requirements must be clearly identified and carried 
forward in any subsequent permit revisions or renewals. If the permit is 
not renewed, or if a revision or renewal does not carry the alternate 
requirements forward, then the Federal section 112 requirements become 
the applicable requirements.
    (3) If approval is withdrawn under Sec. 63.96, all otherwise 
applicable Federal rules and requirements shall be enforceable in 
accordance with the compliance schedule established in the withdrawal 
notice and relevant title V permits shall be revised according to the 
provisions of Sec. 70.7(f) of this chapter.
    (d) Criteria for approval. (1) Any request for approval under this 
subpart shall meet all section 112(l) approval criteria specified by the 
otherwise applicable Federal section 112 rule, emission standard, or 
requirement, all of the approval criteria of this section, and any 
additional approval criteria in Sec. Sec. 63.92, 63.93, 63.94, 63.95, 
or 63.97.
    (2) Once a State has satisfied the Sec. 63.91(d) up-front approval 
requirements, it only needs to reference the previous demonstration and 
reaffirm that is still meets the criteria for any subsequent equivalency 
submittals.
    (3) Interim or final title V program approval will satisfy the 
criteria set forth in Sec. 63.91(d), up-front approval criteria. 
Alternatively, the State must provide the following items in paragraphs 
(d)(3)(i) through (v) of this section to the Administrator:
    (i) A written finding by the State Attorney General (or for a local 
agency or tribal authority, the General Counsel with full authority to 
represent the local agency or tribal authority) that the State has the 
necessary legal authority to implement and to enforce the State rule, 
program, or requirement upon approval and to assure compliance by all 
sources within the State with each applicable section 112 rule, emission 
standard, or requirement. For full approval, the State must have the 
following legal authorities concerning enforcement and compliance 
assurance:
    (A) The State shall have enforcement authorities that meet the 
requirements of Sec. 70.11 of this chapter, except that tribal 
authorities shall have enforcement authorities that meet the 
requirements of part 49 of this chapter, the Tribal Air Rule.
    (B) The State shall have authority to request information from 
regulated sources regarding their compliance status.
    (C) The State shall have authority to inspect sources and any 
records required to determine a source's compliance status.
    (D) If a State delegates authorities to a local agency, the State 
must retain enforcement authority unless the local

[[Page 109]]

agency has authorities that meet the requirements of Sec. 70.11 of this 
chapter.
    (ii) A copy of State statutes, regulations, and requirements that 
contain the appropriate provisions granting authority to implement and 
enforce the State rule, program, or requirement upon approval.
    (iii) A demonstration that the State has adequate resources to 
implement and enforce all aspects of the rule, program, or requirement 
upon approval (except for authorities explicitly retained by the 
Administrator, such as those pursuant to paragraph (f) of this section 
or pursuant to part 49 of this chapter), which includes:
    (A) A description in narrative form of the scope, structure, 
coverage, and processes of the State program.
    (B) A description of the organization and structure of the agency or 
agencies that will have responsibility for administering the program.
    (C) A description of the agency's capacity to carry out the State 
program, including the number, occupation, and general duties of the 
employees.
    (iv) A schedule demonstrating expeditious State implementation of 
the rule, program, or requirement upon approval.
    (v) A plan that assures expeditious compliance by all sources 
subject to the State rule, program, or requirement upon approval. The 
plan should include, at a minimum, a complete description of the State's 
compliance tracking and enforcement program, including but not limited 
to inspection strategies.
    (4) If any of the State documents that are required to support an 
approval under this subpart are readily available to the EPA and to the 
public, the State may cite the relevant portions of the documents or 
indicate where they are available (e.g., by providing an Internet 
address) rather than provide copies.
    (e) Revisions. Within 90 days of any State amendment, repeal, or 
revision of any State rule, program, permit, or other requirement 
approved as an alternative to a Federal requirement or part of the 
authority necessary for the up-front approval, the State must provide 
the Administrator with a copy of the revised authorities and meet the 
requirements of either paragraph (e)(1) or (e)(2) of this section.
    (1)(i) The State shall provide the Administrator with a written 
finding by the State Attorney General (or for a local agency or tribal 
authority, the General Counsel with full authority to represent the 
local agency or tribal authority) that the State's revised legal 
authorities are adequate to continue to implement and to enforce all 
previously approved State rules and the approved State program (as 
applicable) and adequate to continue to assure compliance by all sources 
within the State with approved rules, the approved program, the approved 
permit, or other requirements (as applicable) and each applicable 
section 112 rule, emission standard, or requirement.
    (ii) If the Administrator determines that the written finding is not 
adequate, the State shall request approval of the revised rule, program, 
permit, or other requirement according to the provisions of paragraph 
(e)(2) of this section.
    (2) The State shall request approval under this subpart for any 
revised rule, program, permit, or other requirement.
    (i) If the Administrator approves the revised rule, program, permit, 
or other requirement, the revision will replace the previously approved 
rule, program, permit, or other requirement.
    (ii) If the Administrator disapproves the revised rule, program, 
permit, or other requirement, the Administrator will initiate procedures 
under Sec. 63.96 to withdraw approval of any previously approved rule, 
program, permit, or other requirement that may be affected by the 
revised authorities.
    (iii) Until such time as the Administrator approves or withdraws 
approval of a revised rule, program, permit, or other requirement, the 
previously approved rule, program, permit, or requirement remains 
federally enforceable and the revision is not federally enforceable.
    (3) If the EPA amends, or otherwise revises a promulgated section 
112 rule or requirement in a way that increases its stringency, the EPA 
will notify any State which has received delegation under this subpart 
of the need to revise their equivalency demonstration.

[[Page 110]]

    (i) The EPA Regional Office will consult with the affected State(s) 
to set a time frame for the State(s) to submit a revised equivalency 
demonstration.
    (ii) The revised equivalency demonstration will be reviewed and 
approved or disapproved according to the procedures set forth in this 
section and Sec. 63.91, Sec. 63.92, Sec. 63.93, Sec. 63.94, Sec. 
63.95, or Sec. 63.97, whichever are applicable.
    (f) Partial approval. The partial approval process under this 
subpart is described in the following table:

------------------------------------------------------------------------
          If . . .                 Then . . .             And . . .
------------------------------------------------------------------------
(1) A State's legal           the Administrator     The EPA will
 authorities submitted under   may grant a partial   continue to
 this subpart substantially    approval with the     implement and
 meet the requirements of      State's consent.      enforce those
 paragraph (d)(3)(i) of this                         authorities under
 section, but are not fully                          paragraph (d)(3)(i)
 approvable.                                         of this section
                                                     that are not
                                                     approved.
(2) Any of the other          the Administrator
 requirements in paragraphs    will disapprove the
 (d)(3)(ii)-(v) of this        submittal.
 section are not approvable.
(3) A rule, requirement, or   the Administrator     the Administrator
 program submitted under       may remove that       may then grant a
 this subpart meets the        separable portion     partial approval of
 requirements of Sec. with the State's      the portion of the
 63.92, Sec. 63.93, Sec. consent.              rule, requirement,
 63.94, Sec. 63.95, or                             or program that
 Sec. 63.97 as                                     meets the
 appropriate, with the                               requirements of
 exception of a separable                            this subpart.
 portion of that rule,
 requirement, or program.
(4) the Administrator         the Administrator
 determines that there are     may disapprove the
 too many areas of             submittal in its
 deficiency or that            entirety.
 separating the
 responsibilities between
 Federal and State
 government would be too
 cumbersome and complex.
------------------------------------------------------------------------

    (g) Subpart A, Delegable authorities. A State may exercise certain 
authorities granted to the Administrator under subpart A, but may not 
exercise others, according to the following criteria:
    (1) A State may ask the appropriate EPA Regional Office to delegate 
any of the authorities listed as ``Category I'', in paragraph (g)(1)(i) 
of this section. The EPA Regional Office will delegate any such 
authorities at their discretion.
    (i) ``Category I'' shall consist of the following authorities:

                         Category I Authorities

(A) Section 63.1, Applicability Determinations
(B) Section 63.6(e), Operation and Maintenance Requirements--
    Responsibility for Determining Compliance
(C) Section 63.6(f), Compliance with Non-Opacity Standards--
    Responsibility for Determining Compliance
(D) Section 63.6(h), Compliance with Opacity and Visible Emissions 
    Standards--Responsibility for Determining Compliance
(E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans
(F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test 
    Methods
(G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate 
    Alternatives to Test Methods
(H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes 
    When Necessitated by Process Variables or Other Factors
(I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance 
    Testing
(J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific 
    Performance Evaluation (Monitoring) Test Plans
(K) Section 63.8(f), Approval of Minor Alternatives to Monitoring
(L) Section 63.8(f), Approval of Intermediate Alternatives to Monitoring
(M) Section 63.9 and 63.10, Approval of Adjustments to Time Periods for 
    Submitting Reports
(N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping 
    and Reporting

    (ii) The State must maintain a record of all approved alternatives 
to all monitoring, testing, recordkeeping, and reporting requirements 
and provide this list of alternatives to its EPA Regional Office at 
least semi-annually, or on a more frequent basis if requested by the 
Regional Office. The Regional Office

[[Page 111]]

may audit the State-approved alternatives and disapprove any that it 
determines are inappropriate, after discussion with the State. If 
changes are disapproved, the State must notify the source that it must 
revert to the original applicable monitoring, testing, recordkeeping, 
and/or reporting requirements (either those requirements of the original 
section 112 requirement, the alternative requirements approved under 
this subpart, or the previously approved site-specific alternative 
requirements). Also, in cases where the source does not maintain the 
conditions which prompted the approval of the alternatives to the 
monitoring, testing, recordkeeping, and/or reporting requirements, the 
State (or EPA Regional Office) must require the source to revert to the 
original monitoring, testing, recordkeeping, and reporting requirements, 
or more stringent requirements, if justified.
    (2)(i) A State may not ask the appropriate EPA Regional Office to 
delegate any of the authorities listed as ``Category II'' in paragraph 
(g)(2)(ii) of this section.
    (ii) ``Category II'' shall consist of the following authorities:

                         Category II Authorities

(A) Section 63.6(g), Approval of Alternative Non-Opacity Emission 
    Standards
(B) Section 63.6(h)(9), Approval of Alternative Opacity Standards
(C) Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to 
    Test Methods
(D) Section 63.8(f), Approval of Major Alternatives to Monitoring
(E) Section 63.10(f), Approval of Major Alternatives to Recordkeeping 
    and Reporting

[65 FR 55837, Sept. 14, 2000]



Sec. 63.92  Approval of State requirements that adjust a section 112 rule.

    Under this section a State may seek approval of State requirements 
that make pre-approved adjustments to a Federal section 112 rule, 
emission standard, or requirement that are unambiguously no less 
stringent than the Federal rule, emission standard, or requirement.
    (a) Approval process. (1) If the Administrator finds that the 
criteria of this section and the criteria of Sec. 63.91 are met, the 
Administrator will approve the State requirements, publish them in the 
Federal Register, and incorporate them, directly or by reference, in the 
appropriate subpart of part 63, without additional notice and 
opportunity for comment. Requirements approved under Sec. 63.95 will be 
incorporated pursuant to requirements under part 68 of this chapter.
    (2) If the Administrator finds that any one of the State adjustments 
to the Federal rule is in any way ambiguous with respect to the 
stringency of applicability, level of control, compliance and 
enforcement measures, or the compliance date for any affected source or 
emission point, the Administrator will either disapprove the State 
request or consider the request under Sec. 63.93.
    (3) Within 60 days of receiving a complete request for approval 
under this section, the Administrator will either approve or disapprove 
the State request. If approved, the change will be effective upon 
signature of the Federal Register notice.
    (4) Requirements submitted for approval under this section shall 
include either title V permits, title V general permits, Federal new 
source review permits, or State rules. Permits must already be issued to 
be used under this section.
    (5) If the State uses a permit as the basis of alternative 
requirements under this section, the relevant permit terms and 
conditions must remain applicable to the source, even if the source 
takes steps that would otherwise release it from an obligation to have a 
permit.
    (b) Criteria for approval. Any request for approval under this 
section shall meet all of the criteria of this section and Sec. 63.91 
before approval. The State shall provide the Administrator with:
    (1) A demonstration that the public within the State has had 
adequate notice and opportunity to submit written comment on the State 
requirements, and
    (2) A demonstration that each State adjustment to the Federal rule 
individually results in requirements that:

[[Page 112]]

    (i) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to applicability;
    (ii) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to level of control for each 
affected source and emission point;
    (iii) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to compliance and enforcement 
measures for each affected source and emission point; and
    (iv) Assure compliance by every affected source no later than would 
be required by the otherwise applicable Federal rule.
    (3) State adjustments to Federal section 112 rules which may be part 
of an approved rule under this section are:
    (i) Lowering a required emission rate or de minimis level;
    (ii) Adding a design, work practice, operational standard, emission 
rate or other such requirement;
    (iii) Increasing a required control efficiency;
    (iv) Increasing the frequency of required reporting, testing, 
sampling or monitoring;
    (v) Adding to the amount of information required for records or 
reports;
    (vi) Decreasing the amount of time to come into compliance;
    (vii) Subjecting additional emission points or sources within a 
source category to control requirements;
    (viii) Any adjustments allowed in a specific section 112 rule;
    (ix) Minor editorial, formatting, and other nonsubstantive changes; 
or
    (x) Identical alternative requirements previously approved by the 
Administrator in another local agency within the same State, if 
previously noticed that the alternative requirements would be applicable 
in the jurisdiction seeking approval under this section.

[65 FR 55840, Sept. 14, 2000]



Sec. 63.93  Approval of State requirements that substitute for a section 
112 rule.

    Under this section a State may seek approval of State requirements 
which differ from a Federal section 112 rule for which they would 
substitute, such that the State requirements do not qualify for approval 
under Sec. 63.92.
    (a) Approval process. (1) After receiving a complete request for 
approval under this section and making a preliminary determination on 
its equivalence, the Administrator will seek public comment on the 
State's request for a minimum of 30 days through a Federal Register 
notice. The Administrator will require that comments be submitted 
concurrently to the State.
    (2) If, after review of public comments and any State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of this section and the criteria of Sec. 63.91 are met, 
the Administrator will approve the State requirements under this 
section, publish the approved requirements in the Federal Register, and 
incorporate them directly or by reference, in the appropriate subpart of 
part 63. Requirements approved under Sec. 63.95 will be incorporated 
pursuant to requirements under part 68 of this chapter.
    (3) If the Administrator finds that any of the requirements of this 
section or Sec. 63.91 have not been met, the Administrator may 
partially approve or disapprove the State requirements. For any partial 
approvals or disapprovals, the Administrator will provide the State with 
the basis for the partial approval or disapproval and what actions that 
State can take to make the requirements approvable.
    (4) Requirements submitted for approval under this section shall 
include either: State rules, title V permits, title V general permits, 
Federal new source review permits, board and administrative orders, 
permits issued pursuant to permit templates, or State operating permits. 
Permits must already be issued to be used under this section.
    (5) If the State uses a permit as the basis of alternative 
requirements under this section, the relevant permit terms and 
conditions must remain applicable to the source even if it takes steps 
that would otherwise release it from an obligation to have a permit.
    (6) Within 180 days of receiving a complete request for approval 
under

[[Page 113]]

this section, the Administrator will either approve, partially approve, 
or disapprove the State request.
    (b) Criteria for approval. Any request for approval under this 
section shall meet all of the criteria of this section and Sec. 63.91 
before approval. The State shall provide the Administrator with detailed 
documentation that the State requirements contain or demonstrate:
    (1) Applicability criteria that are no less stringent than those in 
the respective Federal rule;
    (2) Levels of control (including associated performance test 
methods) and compliance and enforcement measures that result in emission 
reductions from each affected source or accidental release prevention 
program requirements for each affected source that are no less stringent 
than would result from the otherwise applicable Federal rule;
    (3) A compliance schedule that requires each affected source to be 
in compliance within a time frame consistent with the deadlines 
established in the otherwise applicable Federal rule; and
    (4) At a minimum, the approved State requirements must include the 
following compliance and enforcement measures. (For requirements 
addressing the accidental release prevention program, minimum compliance 
and enforcement provisions are described in Sec. 63.95.)
    (i) The approved requirements must include monitoring or another 
method for determining compliance.
    (ii) If a standard in the approved rule is not instantaneous, a 
maximum averaging time must be established.
    (iii) The requirements must establish an obligation to periodically 
monitor for compliance using the monitoring or another method 
established in paragraph (b)(4)(i) of this section sufficient to yield 
reliable data that are representative of the source's compliance status.

[65 FR 55841, Sept. 14, 2000]



Sec. 63.94  Approval of State permit terms and conditions that substitute 
for a section 112 rule.

    Under this section a State may seek approval of State permit terms 
and conditions to be implemented and enforced in lieu of specified 
existing and future Federal section 112 rules, emission standards, or 
requirements promulgated under section 112, for those affected sources 
permitted by the State under part 70 of this chapter. The State may not 
seek approval under this section for permit terms and conditions that 
implement and enforce part 68 requirements.
    (a) Up-front approval process.(1) A State must submit a request that 
meets the requirements of paragraph (b) of this section. After receiving 
a complete request for approval of a State program under this section 
and making a preliminary determination of equivalence, the Administrator 
will seek public comment for 21 days through a Federal Register notice. 
The Administrator will require that comments be submitted concurrently 
to the State.
    (2) If, after review of all public comments, and State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of paragraph (b) of this section and the criteria of Sec. 
63.91 are met, the Administrator will approve the State program. The 
approved program will be published in the Federal Register and 
incorporated directly or by reference in the appropriate subpart of part 
63.
    (3) If the Administrator finds that any of the criteria of paragraph 
(b) of this section or Sec. 63.91 have not been met, the Administrator 
will partially approve or disapprove the State program. For any partial 
approvals or disapprovals, the Administrator will provide the State with 
the basis for the partial approval or disapproval and what action the 
State can take to make the programs approvable.
    (4) Within 90 days of receiving a complete request for approval 
under this section, the Administrator will either approve, partially 
approve, or disapprove the State request.
    (b) Criteria for up-front approval. Any request for program approval 
under this section shall meet all of the criteria of this paragraph and 
Sec. 63.91 before approval. The State shall provide the Administrator 
with:
    (1)(i) To the extent possible, an identification of all specific 
sources in source categories listed pursuant to

[[Page 114]]

subsection 112(c) for which the State is seeking authority to implement 
and enforce alternative requirements under this section;
    (ii) If the identified sources in any source category comprise a 
subset of the sources in that category within the State's jurisdiction, 
the State shall request delegation for the remainder of the sources in 
that category that are required to be permitted by the State under part 
70 of this chapter. The State shall request delegation for the remainder 
of the sources in that category under another section of this subpart.
    (iii) Prior to submitting a request for one or more sources within a 
source category, the State shall consult with their EPA Regional Office 
regarding the number of sources in a category eligible for submittal 
under this option. Based on the Regional Office's decision, the State 
shall limit the number of sources for which it submits permit 
requirements.
    (2) To the extent possible, an identification of all existing and 
future section 112 emission standards for which the State is seeking 
authority under this section to implement and enforce alternative 
requirements.
    (3) If, after approval of the initial list of source categories 
identified in paragraph (b)(2) of this section, the State adds source 
categories for approval under this option, the State shall submit an 
addendum to the up-front approval submission, and identify the addition 
to the lists. The Administrator will follow the process outlined in 
paragraph (a) of this section for up-front approval.
    (4) A one-time demonstration that the State has an approved title V 
operating permit program and that the program permits the affected 
sources.
    (c) Approval process for alternative requirements. (1) After 
promulgation of a Federal section 112 rule, emission standard, or 
requirement for which the State has up-front approval to implement and 
enforce alternative requirements in the form of title V permit terms and 
conditions, the State shall provide the Administrator with pre-draft 
title V permit terms and conditions that are sufficient, in the 
Administrator's judgement, to allow the Administrator to determine 
equivalency. The permit terms and conditions shall reflect all of the 
requirements of the otherwise applicable Federal section 112 rule, 
emission standard, or requirement.
    (2) [Reserved]
    (3) If, the Administrator receives a complete request and finds the 
pre-draft title V permit terms and conditions submitted by the State 
meet the criteria of paragraph (d), the Administrator will approve the 
State's alternative requirements (by approving the pre-draft permit 
terms and conditions) and notify the State in writing of the approval.
    (4) The Administrator may approve the State's alternative 
requirements on the condition that the State makes certain changes to 
the pre-draft title V permit terms and conditions and includes the 
changes in the complete pre-draft, proposed, and final title V permits 
for the affected sources. If the Administrator approves the alternative 
requirements on the condition that the State makes certain changes to 
them, the State shall make those changes or the alternative requirements 
will not be federally enforceable when they are included in the final 
permit, even if the Administrator does not object to the proposed 
permit. Until the Administrator affirmatively approves the State's 
alternative requirements (by approving the pre-draft permit terms and 
conditions) under this paragraph, and those requirements (permit terms) 
are incorporated into the final title V permit for any affected source, 
the otherwise applicable Federal emission standard(s) remain the 
federally enforceable and applicable requirements for that source.
    (5) If, after evaluating the pre-draft title V permit terms and 
conditions that were submitted by the State, the Administrator finds 
that the criteria of paragraph (d) of this section have not been met, 
the Administrator will disapprove the State's alternative requirements 
and notify the State in writing of the disapproval. In the notice of 
disapproval, the Administrator will specify the deficient or 
nonapprovable elements of the State's alternative requirements.
    (6) Within 90 days of receiving a complete request for approval 
under this

[[Page 115]]

paragraph, the Administrator will either approve, partially approve, or 
disapprove the State's alternative requirements.
    (7) Nothing in this section precludes the State from submitting 
alternative requirements in the form of title V permit terms and 
conditions or title V general permit terms and conditions for approval 
under this paragraph at the same time the State submits its program to 
the Administrator for up-front approval under paragraph (a) of this 
section, provided that the Federal emission standards for which the 
State submits alternative requirements are promulgated at the time of 
the State's submittal. If the Administrator finds that the criteria of 
Sec. 63.91 and the criteria of paragraphs (b) and (d) of this section 
are met, the Administrator will approve both the State program and the 
permit terms and conditions within 90 days of receiving a complete 
request for approval.
    (d) Approval criteria for alternative requirements.Any request for 
approval under this paragraph shall meet the following criteria. Taken 
together, the criteria in this paragraph describe the minimum contents 
of a State's equivalency demonstration for a promulgated Federal section 
112 rule, emission standard, or requirement. To be approvable, the State 
submittal must contain sufficient detail to allow the Administrator to 
make a determination of equivalency between the State's alternative 
requirements and the Federal requirements. Each submittal of alternative 
requirements in the form of pre-draft permit terms and conditions for an 
affected source shall:
    (1) Identify the specific, practicably enforceable terms and 
conditions with which the source would be required to comply upon 
issuance, renewal, or revision of the title V permit. The State shall 
submit permit terms and conditions that reflect all of the requirements 
of the otherwise applicable Federal section 112 rule, emission standard, 
or requirement. The State shall identify for the Administrator the 
specific permit terms and conditions that contain alternative 
requirements.
    (2) Identify specifically how the alternative requirements in the 
form of permit terms and conditions are the same as or differ from the 
requirements in the otherwise applicable Federal section 112 rule, 
emission standard, or requirement (including any applicable requirements 
in subpart A or other subparts or appendices). The State shall provide 
this identification in a side-by-side comparison of the State's 
requirements in the form of permit terms and conditions and the 
requirements of the Federal section 112 rule, emission standard, or 
requirement.
    (3) The State shall provide the Administrator with detailed 
documentation that demonstrates that the alternative requirements meet 
the criteria specified in Sec. 63.93(b), i.e., that the alternative 
requirements are at least as stringent as the otherwise applicable 
Federal requirements.
    (e) Incorporation of permit terms and conditions into title V 
permits. (1) After approval of the State's alternative requirements 
under this section, the State shall incorporate the approved permit 
terms and conditions into title V permits for the affected sources. The 
State shall issue or revise the title V permits according to the 
provisions contained in Sec. 70.7 of this chapter. The alternative 
permit terms and conditions may substitute for the Federal requirements 
once they are contained in a valid title V permit. If the State does not 
write the alternative conditions, exactly as approved, into the permit, 
EPA may reopen the permit for cause per Sec. 70.7(g) of this chapter, 
and the delegation may not occur.
    (2) In the notice of pre-draft permit availability, and in each pre-
draft, proposed, and final permit, the State shall indicate prominently 
that the permit contains alternative section 112 requirements. In the 
notice of pre-draft permit availability, the State shall specifically 
solicit public comment on the alternative requirements. In addition, the 
State shall attach all documents supporting the approved equivalency 
determination for those alternative requirements to each pre-draft, 
proposed, and final permit.

[65 FR 55841, Sept. 14, 2000]

[[Page 116]]



Sec. 63.95  Additional approval criteria for accidental release 
prevention programs.

    (a) A State submission for approval of a part 68 program must meet 
the criteria and be in accordance with the procedures of this section, 
Sec. 63.91, and, where appropriate, either Sec. 63.92 or Sec. 63.93.
    (b) The State part 68 program application shall contain the 
following elements consistent with the procedures in Sec. 63.91 and, 
where appropriate, either Sec. 63.92 or Sec. 63.93 of this subpart, 
for at least the chemicals listed in part 68 subpart F (``federally-
listed chemicals'') that an approvable State Accidental Release 
Prevention program is regulating:
    (1)(i) A demonstration of the State's authority and resources to 
implement and enforce regulations that are no less stringent than the 
regulations of part 68, subparts A through G and Sec. 68.200 of this 
chapter; and
    (ii) A requirement that any source subject to the State's part 68 
program submit a Risk Management Plan (RMP) that reports at least the 
same information in the same format as required under part 68, subpart G 
of this chapter.
    (2) A State's RMP program may require reporting of information not 
required by the Federal program, and these requirements (like any other 
additional State requirements) will become federally enforceable upon 
approval. The extent to which EPA will be able to help a State collect 
and report additional information through EPA's electronic RMP 
submission system will be determined on a case-by-case basis.
    (3) Procedures for reviewing risk management plans and providing 
technical assistance to stationary sources, including small businesses.
    (4) A demonstration of the State's authority to enforce all part 68 
requirements must be made, including an auditing strategy that complies 
with Sec. 68.220 of this chapter.
    (c) A State may request approval for a program that covers all of 
the federally-listed chemicals (a ``complete program'') or a program 
covering less than all of the federally-listed chemicals (a ``partial 
program'') as long as the State takes delegation of the full part 68 
program for the federally-listed chemicals it regulates.

[65 FR 55843, Sept. 14, 2000]



Sec. 63.96  Review and withdrawal of approval.

    (a) Submission of information for review of approval. (1) The 
Administrator may at any time request any of the following information 
to review the adequacy of implementation and enforcement of an approved 
rule or program and the State shall provide that information within 45 
days of the Administrator's request:
    (i) Copies of any State statutes, rules, regulations or other 
requirements that have amended, repealed or revised the approved State 
rule or program since approval or since the immediately previous EPA 
review;
    (ii) Information to demonstrate adequate State enforcement and 
compliance monitoring activities with respect to all approved State 
rules and with all section 112 rules, emission standards or 
requirements;
    (iii) Information to demonstrate adequate funding, staff, and other 
resources to implement and enforce the State's approved rule or program;
    (iv) A schedule for implementing the State's approved rule or 
program that assures compliance with all section 112 rules and 
requirements that the EPA has promulgated since approval or since the 
immediately previous EPA review,
    (v) A list of part 70 or other permits issued, amended, revised, or 
revoked since approval or since immediately previous EPA review, for 
sources subject to a State rule or program approved under this subpart.
    (vi) A summary of enforcement actions by the State regarding 
violations of section 112 requirements, including but not limited to 
administrative orders and judicial and administrative complaints and 
settlements.
    (2) Upon request by the Administrator, the State shall demonstrate 
that each State rule, emission standard or requirement applied to an 
individual source is no less stringent as applied than the otherwise 
applicable Federal rule, emission standard or requirement.

[[Page 117]]

    (b) Withdrawal of approval of a state rule or program. (1) If the 
Administrator has reason to believe that a State is not adequately 
implementing or enforcing an approved rule or program according to the 
criteria of this section or that an approved rule or program is not as 
stringent as the otherwise applicable Federal rule, emission standard or 
requirements, the Administrator will so inform the State in writing and 
will identify the reasons why the Administrator believes that the 
State's rule or program is not adequate. The State shall then initiate 
action to correct the deficiencies identified by the Administrator and 
shall inform the Administrator of the actions it has initiated and 
completed. If the Administrator determines that the State's actions are 
not adequate to correct the deficiencies, the Administrator will notify 
the State that the Administrator intends to withdraw approval and will 
hold a public hearing and seek public comment on the proposed withdrawal 
of approval. The Administrator will require that comments be submitted 
concurrently to the State. Upon notification of the intent to withdraw, 
the State will notify all sources subject to the relevant approved rule 
or program that withdrawal proceedings have been initiated.
    (2) Based on any public comment received and any response to that 
comment by the State, the Administrator will notify the State of any 
changes in identified deficiencies or actions needed to correct 
identified deficiencies. If the State does not correct the identified 
deficiencies within 90 days after receiving revised notice of 
deficiencies, the Administrator shall withdraw approval of the State's 
rule or program upon a determination that:
    (i) The State no longer has adequate authorities to assure 
compliance or re-sources to implement and enforce the approved rule or 
program, or
    (ii) The State is not adequately implementing or enforcing the 
approved rule or program, or
    (iii) An approved rule or program is not as stringent as the 
otherwise applicable Federal rule, emission standard or requirement.
    (3) The Administrator may withdraw approval for part of a rule, for 
a rule, for part of a program, or for an entire program.
    (4) Any State rule, program or portion of a State rule or program 
for which approval is withdrawn is no longer Federally enforceable. The 
Federal rule, emission standard or requirement that would have been 
applicable in the absence of approval under this will be the federally 
enforceable rule, emission standard or requirement.
    (i) Upon withdrawal of approval, the Administrator will publish an 
expeditious schedule for sources subject to the previously approved 
State rule or program to come into compliance with applicable Federal 
requirements. Such schedule shall include interim emission limits where 
appropriate. During this transition, sources must be operated in a 
manner consistent with good air pollution control practices for 
minimizing emissions.
    (ii) Upon withdrawal, the State shall reopen, under the provisions 
of Sec. 70.7(f) of this chapter, the part 70 permit of each source 
subject to the previously approved rules or programs in order to assure 
compliance through the permit with the applicable requirements for each 
source.
    (iii) If the Administrator withdraws approval of State rules 
applicable to sources that are not subject to part 70 permits, the 
applicable State rules are no longer Federally enforceable.
    (iv) If the Administrator withdraws approval of a portion of a State 
rule or program, other approved portions of the State rule or program 
that are not withdrawn shall remain in effect.
    (v) Any applicable Federal emission standard or requirement shall 
remain enforceable by the EPA as specified in section 112(l)(7) of the 
Act.
    (5) If a rule approved under Sec. 63.93 is withdrawn under the 
provisions of Sec. 63.96(b)(2) (i) or (ii), and, at the time of 
withdrawal, the Administrator finds the rule to be no less stringent 
than the otherwise applicable Federal requirement, the Administrator 
will grant equivalency to the previously approved State rule under the 
appropriate provisions of this part.
    (6) A State may submit a new rule, program or portion of a rule or 
program for approval after the Administrator has withdrawn approval of 
the

[[Page 118]]

State's rule, program or portion of a rule or program. The Administrator 
will determine whether the new rule or program or portion of a rule or 
program is approvable according to the criteria and procedures of Sec. 
63.91 and either of Sec. Sec. 63.92, 63.93 or 63.94.
    (7) A State may voluntarily withdraw from an approved State rule, 
program or portion of a rule or program by notifying the EPA and all 
affected sources subject to the rule or program and providing notice and 
opportunity for comment to the public within the State.
    (i) Upon voluntary withdrawal by a State, the Administrator will 
publish a timetable for sources subject to the previously approved State 
rule or program to come into compliance with applicable Federal 
requirements.
    (ii) Upon voluntary withdrawal, the State must reopen and revise the 
part 70 permits of all sources affected by the withdrawal as provided 
for in this section and Sec. 70.7(f), and the Federal rule, emission 
standard, or requirement that would have been applicable in the absence 
of approval under this subpart will become the applicable requirement 
for the source.
    (iii) Any applicable Federal section 112 rule, emission standard or 
requirement shall remain enforceable by the EPA as specified in section 
112(l)(7) of the Act.
    (iv) Voluntary withdrawal shall not be effective sooner than 180 
days after the State notifies the EPA of its intent to voluntarily 
withdraw.

[65 FR 55843, Sept. 14, 2000]



Sec. 63.97  Approval of a State program that substitutes for section 112 
requirements.

    Under this section, a State may seek approval of a State program to 
be implemented and enforced in lieu of specified existing or future 
Federal emission standards or requirements promulgated under section 
112. A State may not seek approval under this section for a program that 
implements and enforces part 68 requirements.
    (a) Up-front approval process. (1) After receiving a complete 
request for approval of a State program submitted under paragraph (b)(1) 
or (b)(2) of this section and making a preliminary determination on 
whether to approve it, the Administrator will seek public comment for 21 
days through a Federal Register notice. At its discretion, the State may 
include in this submittal a request for approval of specific alternative 
requirements under paragraph (b)(3) of this section.
    (2) [Reserved]
    (3) The Administrator will require that comments be submitted 
concurrently to the State.
    (4) If, after review of all public comments and State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of paragraph (b) of this section and the criteria of Sec. 
63.91 are met, the Administrator will approve or partially approve the 
State program. The approved State program will be published in the 
Federal Register and incorporated, directly or by reference, in the 
appropriate subpart of part 63.
    (5) If the Administrator finds that any of the criteria of paragraph 
(b) of this section or Sec. 63.91 have not been met, the Administrator 
will partially approve or disapprove the State program.
    (6) The Administrator will either approve, partially approve, or 
disapprove the State request:
    (i) Within 90 days after receipt of a complete request for approval 
of a State program submitted under paragraph (b)(1) or (b)(2) of this 
section; or
    (ii) Within 180 days after receipt of a complete request for 
approval of a State program submitted under paragraphs (b)(1) or (b)(2) 
and paragraph (b)(3) of this section.
    (b) Criteria for up-front approval. Any request for program approval 
under this section shall meet all of the criteria of this paragraph and 
Sec. 63.91 before approval.
    (1) For every request for program approval under this section, the 
State shall provide the Administrator, to the extent possible, with an 
identification of the initial specific source categories listed pursuant 
to section 112(c) and an identification of all existing and future 
section 112 emission standards or other requirements for which the State 
is seeking authority to implement and enforce alternative requirements 
under this section.

[[Page 119]]

    (2) If, after approval of the initial list of specific source 
categories identified in paragraph (b)(1) of this section, the State 
adds source categories for approval under this option, the State shall 
submit an addendum to the approval submission, and identify the addition 
to the list.
    (3) In addition, the State may provide the Administrator with one or 
more of the following program elements for approval under this 
paragraph:
    (i) Alternative requirements in State rules, regulations, or general 
permits (or other enforceable mechanisms) that apply generically to one 
or more categories of sources and for which the State seeks approval to 
implement and enforce in lieu of specific existing Federal section 112 
emission standards or requirements. The Administrator may approve or 
disapprove the alternative requirements in these rules, regulations, or 
permits when approving or disapproving the State's up-front submittal 
under this paragraph. After approval of the alternative generic rules, 
regulations or general permits, and after new Federal emission standards 
or requirements are promulgated, the State may extend the applicability 
of approved generic alternative requirements to additional source 
categories by repeating the approval process specified in paragraph (a) 
of this section. To be approvable, any request for approval of generic 
alternative requirements during the up-front approval process shall meet 
the criteria in paragraph (d) of this section.
    (ii) A description of the mechanisms that are enforceable as a 
matter of State law that the State will use to implement and enforce 
alternative requirements for area sources. The mechanisms that may be 
approved under this paragraph include title V permits, title V general 
permits, Federal new source review permits, board and administrative 
orders, permits issued pursuant to permit templates, state permits, and 
State rules that apply to categories of sources. The State shall 
demonstrate to the Administrator that the State has adequate resources 
and authorities to implement and enforce alternative section 112 
requirements using the State mechanisms.
    (c) Approval process for alternative requirements. (1) After 
promulgation of a Federal emission standard or requirement for which the 
State has program approval under this section to implement and enforce 
alternative requirements, the State shall provide the Administrator with 
alternative requirements that are sufficient, in the Administrator's 
judgement, to allow the Administrator to determine equivalency under 
paragraph (d) of this section. The alternative requirements shall 
reflect all of the requirements of the otherwise applicable Federal 
section 112 rule, emission standard, or requirement, including any 
alternative requirements that the State is seeking to implement and 
enforce. Alternative requirements submitted for approval under this 
paragraph shall be contained in rules, regulations, general permits, or 
other mechanisms that apply to and are enforceable under State law for 
categories of sources. State policies are not approvable under this 
section unless they are incorporated into specific, enforceable, 
alternative requirements in rules, permits, or other mechanisms that 
apply to categories of sources.
    (2) [Reserved]
    (3) After receiving a complete request for approval under this 
section and making a preliminary determination on its equivalence, the 
Administrator will seek public comment for a minimum of 21 days through 
a Federal Register notice. The Administrator will require that comments 
be submitted concurrently to the State.
    (4) If, after review of public comments and any State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of paragraph (d) of this section and the criteria of Sec. 
63.91 are met, the Administrator will approve the State's alternative 
requirements. The approved alternative requirements will be published in 
the Federal Register and incorporated, directly or by reference, in the 
appropriate subpart of part 63.
    (5) If the Administrator finds that any of the requirements of 
paragraph (d) of this section or Sec. 63.91 have not been met, the 
Administrator will partially approve or disapprove the State's

[[Page 120]]

alternative requirements. For any partial approvals or disapprovals, the 
Administrator will provide the State with the basis for the partial 
approval or disapproval and what action the State can take to make the 
alternative requirements approvable.
    (6) Within 180 days of receiving a complete request for approval 
under this paragraph, the Administrator will either approve, partially 
approve, or disapprove the State request.
    (7) Nothing in this section precludes the State from submitting 
alternative requirements for approval under this paragraph at the same 
time the State submits its program to the Administrator for up-front 
approval under paragraph (a) of this section, provided that the Federal 
rules, emission standards, or requirements for which the State submits 
alternative requirements are promulgated at the time of the State's 
submittal. If the Administrator finds that the criteria of Sec. 63.91 
and the criteria of paragraphs (b) and (d) of this section are met, the 
Administrator will approve both the State program and the alternative 
requirements within 180 days of receiving a complete request for 
approval. Alternatively, following up-front approval, the State may 
submit alternative requirements for approval under this paragraph at any 
time after promulgation of the Federal emission standards or 
requirements.
    (d) Approval criteria for alternative requirements. Any request for 
approval under this paragraph shall meet the following criteria. Taken 
together, the criteria in this paragraph describe the minimum contents 
of a State's equivalency demonstration for a promulgated Federal section 
112 rule, emission standard, or requirement. To be approvable, the State 
submittal must contain sufficient detail to allow the Administrator to 
make a determination of equivalency between the State's alternative 
requirements and the Federal requirements. Each submittal of alternative 
requirements for a category of sources shall:
    (1) Include copies of all State rules, regulations, permits, or 
other enforceable mechanisms that contain the alternative requirements 
for which the State is seeking approval. These documents shall also 
contain requirements that reflect all of the requirements of the 
otherwise applicable Federal section 112 rules, emission standards or 
requirements for which the State is not submitting alternatives. The 
State shall identify for the Administrator the specific requirements 
with which sources in a source category are required to comply, 
including the specific alternative requirements.
    (2) Identify specifically how the alternative requirements are the 
same as or differ from the requirements in the otherwise applicable 
Federal rule, emission standards, or requirements (including any 
applicable requirements in subpart A or other subparts or appendices). 
The State shall provide this identification in a side-by-side comparison 
of the State's requirements and the requirements of the Federal rule, 
emission standards, or requirements.
    (3) The State shall provide the Administrator with detailed 
documentation that demonstrates the State's belief that the alternative 
requirements meet the criteria specified in Sec. 63.93(b) of this 
subpart, i.e., that the alternative requirements are at least as 
stringent as the otherwise applicable Federal requirements.

[65 FR 55844, Sept. 14, 2000]



Sec. 63.98  [Reserved]



Sec. 63.99  Delegated Federal authorities.

    (a) This section lists the specific source categories that have been 
delegated to the air pollution control agencies in each State under the 
procedures described in this subpart.
    (1) Alabama.
    (i) [Reserved]
    (ii) Alabama Department of Environmental Management (ADEM) may 
implement and enforce alternative requirements in the form of title V 
permit terms and conditions for International Paper Prattville Mill, 
Prattville, Alabama, for subpart MM of this part -- National Emission 
Standards for Hazardous Air Pollutants for Chemical Recovery Combustion 
Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp 
Mills. This action is contingent upon ADEM including, in title V 
permits, terms and conditions that are no less stringent

[[Page 121]]

than the Federal standard. In addition, the requirement applicable to 
the source remains the Federal section 112 requirement until EPA has 
approved the alternative permit terms and conditions and the final title 
V permit is issued.
    (2) Alaska. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the Alaska Department of 
Environmental Conservation. The (X) symbol is used to indicate each 
subpart that has been delegated.

                                 Delegation Status for Part 63 Standards--Alaska
----------------------------------------------------------------------------------------------------------------
                                                                                                      Alaska
                                                                                                  Department of
                    Subpart                                                                       Environmental
                                                                                                 Conservation (1/
                                                                                                      18/97)
----------------------------------------------------------------------------------------------------------------
A.............................................  General Provisions \1\.........................               X
D.............................................  Early Reductions...............................               X
F.............................................  HON-SOCMI......................................
G.............................................  HON-Process Vents..............................
H.............................................  HON-Equipment Leaks............................
I.............................................  HON-Negotiated Leaks...........................
L.............................................  Coke Oven Batteries............................
M.............................................  Perc Dry Cleaning..............................               X
N.............................................  Chromium Electroplating........................           X \2\
O.............................................  Ethylene Oxide Sterilizers.....................
Q.............................................  Industrial Process Cooling Towers..............               X
R.............................................  Gasoline Distribution..........................               X
S.............................................  Pulp and Paper.................................
T.............................................  Halogenated Solvent Cleaning...................               X
U.............................................  Polymers and Resins I..........................
W.............................................  Polymers and Resins II-Epoxy...................
X.............................................  Secondary Lead Smelting........................
Y.............................................  Marine Tank Vessel Loading.....................               X
CC............................................  Petroleum Refineries...........................               X
DD............................................  Off-Site Waste and Recovery....................               X
EE............................................  Magnetic Tape Manufacturing....................
GG............................................  Aerospace Manufacturing & Rework...............
II............................................  Shipbuilding and Ship Repair...................               X
JJ............................................  Wood Furniture Manufacturing Operations........               X
KK............................................  Printing and Publishing Industry...............               X
LL............................................  Primary Aluminum...............................
OO............................................  Tanks--Level 1.................................
PP............................................  Containers.....................................
QQ............................................  Surface Impoundments...........................
RR............................................  Individual Drain Systems.......................
VV............................................  Oil-Water Separators and Organic-Water
                                                 Separators.
EEE...........................................  Hazardous Waste Combustors.....................
JJJ...........................................  Polymers and Resins IV.........................
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which are not delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval
  of major alternatives to test methods; 63.8(f) for approval of major alternatives to monitoring; 63.10(f); and
  all authorities identified in the subparts (i.e., under ``Delegation of Authority'') that cannot be delegated.
  For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum
  from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ``Delegation of
  40 CFR Part 63 General Provisions Authorities to State and Local Air Pollution Control Agencies.''
\2\ Alaska received delegation for Subpart N (Chromium Electroplating) as it applies to sources required to
  obtain an operating permit under Alaska's regulations. EPA retains the authority for implementing and
  enforcing Subpart N for area source chromium electroplating and anodizing operations which have been exempted
  from Part 70 permitting in 40 CFR 63.340(e)(1).

    (ii) [Reserved]

    Note to paragraph (a)(2): The date in parenthesis indicates the 
effective date of the federal rules that have been adopted by and 
delegated to the Alaska Department of Environmental Conservation. 
Therefore, any amendments made to these delegated rules after this 
effective date are not delegated to the agency.

    (3) Arizona. The following table lists the specific Part 63 
standards that have been delegated unchanged to the air pollution 
control agencies in the State of Arizona. The (X) symbol is used to 
indicate each category that has been delegated.

[[Page 122]]



                                Delegation Status for Part 63 Standards--Arizona
----------------------------------------------------------------------------------------------------------------
                                                                                                         PCAQCD
             Subpart                          Description              ADEQ \1\  MCESD \2\   PDEQ \3\     \4\
----------------------------------------------------------------------------------------------------------------
A...............................  General Provisions................         X          X          X          X
F...............................  Synthetic Organic Chemical                 X          X          X          X
                                   Manufacturing Industry.
G...............................  Synthetic Organic Chemical                 X          X          X          X
                                   Manufacturing Industry: Process
                                   Vents, Storage Vessels, Transfer
                                   Operations, and Wastewater.
H...............................  Organic Hazardous Air Pollutants:          X          X          X          X
                                   Equipment Leaks.
I...............................  Organic Hazardous Air Pollutants:          X          X          X          X
                                   Certain Processes Subject to the
                                   Negotiated Regulation for
                                   Equipment Leaks.
L...............................  Coke Oven Batteries...............         X          X          X          X
M...............................  Perchloroethylene Dry Cleaning....         X          X          X          X
N...............................  Hard and Decorative Chromium               X          X          X          X
                                   Electroplating and Chromium
                                   Anodizing Tanks.
O...............................  Ethylene Oxide Sterilization               X          X          X          X
                                   Facilities.
Q...............................  Industrial Process Cooling Towers.         X          X          X          X
R...............................  Gasoline Distribution Facilities..         X          X          X          X
S...............................  Pulp and Paper....................         X
T...............................  Halogenated Solvent Cleaning......         X          X          X          X
U...............................  Group I Polymers and Resins.......         X          X   .........         X
W...............................  Epoxy Resins Production and Non-           X          X          X          X
                                   Nylon Polyamides Production.
X...............................  Secondary Lead Smelting...........         X          X          X          X
AA..............................  Phosphoric Acid Manufacturing              X
                                   Plants.
BB..............................  Phosphate Fertilizers Production           X
                                   Plants.
CC..............................  Petroleum Refineries..............         X          X          X          X
DD..............................  Off-Site Waste and Recovery                X          X   .........         X
                                   Operations.
EE..............................  Magnetic Tape Manufacturing                X          X          X          X
                                   Operations.
GG..............................  Aerospace Manufacturing and Rework         X          X          X          X
                                   Facilities.
HH..............................  Oil and Natural Gas Production             X
                                   Facilities.
JJ..............................  Wood Furniture Manufacturing               X          X          X          X
                                   Operations.
KK..............................  Printing and Publishing Industry..         X          X          X          X
LL..............................  Primary Aluminum Reduction Plants.         X
OO..............................  Tanks--Level 1....................         X          X   .........         X
PP..............................  Containers........................         X          X   .........         X
QQ..............................  Surface Impoundments..............         X          X   .........         X
RR..............................  Individual Drain Systems..........         X          X   .........         X
SS..............................  Closed Vent Systems, Control               X
                                   Devices, Recovery Devices and
                                   Routing to a Fuel Gas System or a
                                   Process.
TT..............................  Equipment Leaks--Control Level 1..         X
UU..............................  Equipment Leaks-- Control Level 2.         X
VV..............................  Oil-Water Separators and Organic-          X          X   .........         X
                                   Water Separators.
WW..............................  Storage Vessels (Tanks) --Control          X
                                   Level 2.
YY..............................  Generic MACT Standards............         X
CCC.............................  Steel Pickling....................         X
DDD.............................  Mineral Wool Production...........         X
EEE.............................  Hazardous Waste Combustors........         X
GGG.............................  Pharmaceuticals Production........         X
HHH.............................  Natural Gas Transmission and               X
                                   Storage Facilities.
III.............................  Flexible Polyurethane Foam                 X
                                   Production.
JJJ.............................  Group IV Polymers and Resins......         X          X   .........         X
LLL.............................  Portland Cement Manufacturing              X
                                   Industry.
MMM.............................  Pesticide Active Ingredient                X
                                   Production.
NNN.............................  Wool Fiberglass Manufacturing.....         X
PPP.............................  Polyether Polyols Production......         X
TTT.............................  Primary Lead Smelting.............         X
XXX.............................  Ferroalloys Production............         X
----------------------------------------------------------------------------------------------------------------
\1\ Arizona Department of Environmental Quality.
\2\ Maricopa County Environmental Services Department.
\3\ Pima County Department of Environmental Quality.
\4\ Pinal County Air Quality Control District.

    (4) [Reserved]
    (5) California.
    (i)(A) California major sources. Except as described in paragraph 
(ii) below, each local air pollution control agency in California has 
delegation for national emission standards promulgated in this part as 
they apply to major sources.

    (B) California area sources. Except as described in paragraph (ii), 
the local agencies listed below also have delegation for national 
emission standards

[[Page 123]]

promulgated in this part as they apply to area sources:
(1) Antelope Valley Air Quality Management District
(2) Butte County Air Quality Management District
(3) Kern County Air Pollution Control District
(4) Mendocino County Air Quality Management District
(5) Mojave Desert Air Quality Management District
(6) Monterey Bay Unified Air Pollution Control District
(7) San Luis Obispo County Air Pollution Control District
(8) Ventura County Air Pollution Control District
(9) Yolo-Solano Air Quality Management District
    (ii) California approvals other than straight delegation.

    Affected sources must comply with the California Regulatory 
Requirements Applicable to the Air Toxics Program, January 5, 1999 
(incorporated by reference as specified in Sec. 63.14), as described as 
follows:
    (A) The material incorporated in Chapter 1 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (California 
Code of Regulations Title 17, section 93109) pertains to the 
perchloroethylene dry cleaning source category in the State of 
California, and has been approved under the procedures in Sec. 63.93 to 
be implemented and enforced in place of subpart M--National 
Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, as 
it applies to area sources only, as defined in Sec. 63.320(h).
    (1) Authorities not delegated.
    (i) California is not delegated the Administrator's authority to 
implement and enforce California Code of Regulations Title 17, section 
93109, in lieu of those provisions of subpart M which apply to major 
sources, as defined in Sec. 63.320(g). Dry cleaning facilities which 
are major sources remain subject to subpart M.
    (ii) California is not delegated the Administrator's authority of 
Sec. 63.325 to determine equivalency of emissions control technologies. 
Any source seeking permission to use an alternative means of emission 
limitation, under sections 93109(a)(17), 93109(g)(3)(A)(5), 
93109(g)(3)(B)(2)(iii), and 93109(h) of the California Airborne Toxic 
Control Measure, must also receive approval from the Administrator 
before using such alternative means of emission limitation for the 
purpose of complying with section 112.
    (B) The material incorporated in Chapter 2 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (San Luis 
Obispo County Air Pollution Control District Rule 432) pertains to the 
perchloroethylene dry cleaning source category in the San Luis Obispo 
County Air Pollution Control District, and has been approved under the 
procedures in Sec. 63.93 to be implemented and enforced in place of 
subpart M--National Perchloroethylene Air Emission Standards for Dry 
Cleaning Facilities, as it applies to area sources only, as defined in 
Sec. 63.320(h).
    (1) Authorities not delegated.
    (i) San Luis Obispo County Air Pollution Control District is not 
delegated the Administrator's authority to implement and enforce Rule 
432 in lieu of those provisions of subpart M which apply to major 
sources as defined in Sec. 63.320(g). Dry cleaning facilities which are 
major sources remain subject to subpart M.
    (ii) San Luis Obispo County Air Pollution Control District is not 
delegated the Administrator's authority of Sec. 63.325 to determine 
equivalency of emissions control technologies. Any source seeking 
permission to use an alternative means of emission limitation, under 
sections B.17, G.3.a.5, G.3.b.2.iii, and I of Rule 432, must also 
receive approval from the Administrator before using such alternative 
means of emission limitation for the purpose of complying with section 
112.
    (C) The material incorporated in Chapter 3 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (South 
Coast Air Quality Management District Rule 1421) pertains to the 
perchloroethylene dry cleaning source category in the South Coast Air 
Quality Management District, and has been approved under the procedures 
in Sec. 63.93 to be implemented and enforced in place of Subpart M--
National Perchloroethylene Air Emission Standards for Dry Cleaning 
Facilities, as it

[[Page 124]]

applies to area sources only, as defined in Sec. 63.320(h).
    (1) Authorities not delegated.
    (i) South Coast Air Quality Management District is not delegated the 
Administrator's authority to implement and enforce Rule 1421 in lieu of 
those provisions of Subpart M which apply to major sources, as defined 
in Sec. 63.320(g). Dry cleaning facilities which are major sources 
remain subject to Subpart M.
    (ii) South Coast Air Quality Management District is not delegated 
the Administrator's authority of Sec. 63.325 to determine equivalency 
of emissions control technologies. Any source seeking permission to use 
an alternative means of emission limitation, under sections (c)(17), 
(d)(3)(A)(v), (d)(4)(B)(ii)(III), and (j) of Rule 1421, must also 
receive approval from the Administrator before using such alternative 
means of emission limitation for the purpose of complying with section 
112.
    (D) The material incorporated in Chapter 4 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (Yolo-
Solano Air Quality Management District Rule 9.7) pertains to the 
perchloroethylene dry cleaning source category in the Yolo-Solano Air 
Quality Management District, and has been approved under the procedures 
in Sec. 63.93 to be implemented and enforced in place of subpart M--
National Perchloroethylene Air Emission Standards for Dry Cleaning 
Facilities, as it applies to area sources only, as defined in Sec. 
63.320(h).
    (1) Authorities not delegated.
    (i) Yolo-Solano Air Quality Management District is not delegated the 
Administrator's authority to implement and enforce Rule 9.7 in lieu of 
those provisions of subpart M which apply to major sources, as defined 
in Sec. 63.320(g). Dry cleaning facilities which are major sources 
remain subject to subpart M.
    (ii) Yolo-Solano Air Quality Management District is not delegated 
the Administrator's authority of Sec. 63.325 to determine equivalency 
of emissions control technologies. Any source seeking permission to use 
an alternative means of emission limitation, under sections 216, 
301.3.a(v), 301.3.b(ii)(c), and 502 of Rule 9.7, must also receive 
approval from the Administrator before using such alternative means of 
emission limitation for the purpose of complying with section 112.
    (E) The material incorporated in Chapter 5 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (California 
Code of Regulations, Title 17, section 93102) pertains to the chromium 
electroplating and anodizing source category in the State of California, 
and has been approved under the procedures in Sec. 63.93 to be 
implemented and enforced in place of subpart N--National Emission 
Standards for Chromium Emissions from Hard and Decorative Chromium 
Electroplating and Chromium Anodizing Tanks.
    (1) Title V requirements. Subpart N affected sources remain subject 
to both the Title V permitting requirements of Sec. 63.340(e)(2) and, 
for major sources, the semi-annual submission of the ongoing compliance 
status reports as required by Sec. 63.347(g).
    (2) Limits on maximum cumulative potential rectifier usage. Section 
93102(h)(7)(B) of the California Airborne Toxic Control Measure allows 
facilities with a maximum cumulative potential rectifier capacity of 
greater than 60 million ampere-hours per year to be considered small or 
medium by accepting a limit on the maximum cumulative potential 
rectifier usage. All such usage limits in non-Title V operating permits 
are federally-enforceable for the purpose of this rule substitution.
    (3) Permitting Agencies' breakdown/malfunction rules. Section 
93102(i)(4) of the California Airborne Toxic Control Measure provides 
that the owner or operator shall report breakdowns as required by the 
permitting agency's breakdown rule. Under this rule substitution, the 
permitting agencies' breakdown rules do not override or supplant the 
requirements of section 93102(g)(4), (h)(5), (h)(6), (i)(3)(B), or 
Appendix 3; neither expand the scope nor extend the time-frame of a 
breakdown beyond the definition of section 93102(b)(7); and do not grant 
the permitting agencies the authority to determine whether a breakdown 
has occurred, to grant emergency variances, or to decide to take no 
enforcement action. Owners or operators must submit written breakdown 
reports even if the permitting

[[Page 125]]

agency has not formally requested such reports.
    (4) Performance Test Requirements. Section 93102(d)(3)(A) of the 
California Airborne Toxic Control Measure allows the use of California 
Air Resources Board Method 425, dated July 28, 1997, and South Coast Air 
Quality Management District Method 205.1, dated August 1991, for 
determining chromium emissions. Any alternatives, modifications, or 
variations to these test methods must be approved under the procedures 
in section 93102(k) of the California Airborne Toxic Control Measure.
    (6)-(7) [Reserved]
    (8) Delaware. (i) Affected sources must comply with the Delaware 
Department of Natural Resources and Environmental Control, Division of 
Air and Waste Management, Accidental Release Prevention Regulation, 
sections 1-5 and sections 7-14, January 11, 1999 (incorporated by 
reference as specified in Sec. 63.14). The material incorporated in the 
Delaware Department of Natural Resources and Environmental Control, 
Division of Air and Waste Management, Accidental Release Prevention 
Regulation, sections 1-5 and sections 7-14 pertains to owners and 
operators of stationary sources in the State of Delaware that have more 
than a threshold quantity of a regulated substance in a process, as 
described in section 5.10 of Delaware's regulation, and has been 
approved under the procedures in Sec. Sec. 63.93 and 63.95 to be 
implemented and enforced in place of 40 CFR part 68-Chemical Accident 
Prevention Provisions.
    (ii) Affected sources must comply with the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulation No. 38, 
subpart A, effective September 11, 1999 (incorporated by reference as 
specified in Sec. 63.14). The material incorporated in the State of 
Delaware Regulations Governing the Control of Air Pollution, Regulation 
No. 38, subpart A pertains to owners and operators of stationary sources 
in the State of Delaware that are subject to emission standard 
requirements of the State of Delaware Regulations Governing the Control 
of Air Pollution, Regulation No. 38, subparts M, N and Q and 40 CFR part 
63 and has been approved under the procedures in Sec. 63.91 and Sec. 
63.92 to be implemented and enforced in place of 40 CFR part 63, subpart 
A. Delaware is delegated the authority to implement and enforce its 
regulation in place of 40 CFR part 63, subpart A, in accordance with the 
final rule, published in the Federal Register on October 2, 2001, 
effective December 3, 2001.
    (iii) Affected sources must comply with the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulation No. 38, 
subpart M, effective October 11, 2000 (incorporated by reference as 
specified in Sec. 63.14). The material incorporated in the State of 
Delaware Regulations Governing the Control of Air Pollution, Regulation 
No. 38, subpart M pertains to owners and operators of perchloroethylene 
drycleaning facilities and has been approved under the procedures in 
Sec. 63.91 and Sec. 63.92 to be implemented and enforced in place of 
40 CFR part 63, subpart M. Delaware is delegated the authority to 
implement and enforce its regulation in place of 40 CFR part 63, subpart 
M, in accordance with the final rule, published in the Federal Register 
on October 2, 2001, effective December 3, 2001.
    (iv) Affected sources must comply with the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulation No. 38, 
subpart N, effective October 11, 2000 (incorporated by reference as 
specified in Sec. 63.14). The material incorporated in the State of 
Delaware Regulations Governing the Control of Air Pollution, Regulation 
No. 38, subpart N pertains to owners and operators of hard and 
decorative chromium electroplating and chromium anodizing tanks and has 
been approved under the procedures in Sec. 63.91 and Sec. 63.92 to be 
implemented and enforced in place of 40 CFR part 63, subpart N. Delaware 
is delegated the authority to implement and enforce its regulation in 
place of 40 CFR part 63, subpart N, in accordance with the final rule, 
published in the Federal Register on October 2, 2001, effective December 
3, 2001.
    (v) Affected sources must comply with the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulation No. 38, 
subpart Q, effective May 11, 1998 (incorporated by reference

[[Page 126]]

as specified in Sec. 63.14). The material incorporated in the State of 
Delaware Regulations Governing the Control of Air Pollution, Regulation 
No. 38, subpart Q pertains to owners and operators of industrial process 
cooling towers and has been approved under the procedures in Sec. 63.91 
and Sec. 63.92 to be implemented and enforced in place of 40 CFR part 
63, subpart Q. Delaware is delegated the authority to implement and 
enforce its regulation in place of 40 CFR part 63, subpart Q, in 
accordance with the final rule, published in the Federal Register on 
October 2, 2001, effective December 3, 2001.
    (9) District of Columbia. (i) The District of Columbia is delegated 
the authority to implement and enforce the regulations in 40 CFR part 
63, subparts A, M, N, T, VVV and Appendix A and all future unchanged 40 
CFR part 63 standards and amendments, if delegation of future standards 
and amendments is sought by the District of Columbia Department of 
Health and approved by EPA Region III, at affected sources, as defined 
by 40 CFR part 63, in accordance with the final rule, dated December 26, 
2001, effective February 25, 2002, and any mutually acceptable 
amendments to the terms described in the direct final rule.
    (10) Georgia
    (i) [Reserved]
    (ii) Georgia Environmental Protection Division (GEPD) may implement 
and enforce alternative requirements in the form of title V permit terms 
and conditions for International Paper Augusta Mill, Augusta, Georgia, 
for subpart S of this part--National Emission Standards for Hazardous 
Air Pollutants from the Pulp and Paper Industry. This action is 
contingent upon GEPD including, in title V permits, terms and conditions 
that are no less stringent than the Federal standard. In addition, the 
requirement applicable to the source remains the Federal section 112 
requirement until EPA has approved the alternative permit terms and 
conditions and the final title V permit is issued.
    (11) [Reserved]
    (12) Idaho. (i) The following table lists the specific part 63 
subparts that have been delegated unchanged to the Idaho Department of 
Environmental Quality. The (X) symbol indicates that all or part of the 
subpart is delegated, subject to the conditions and limits in EPA's 
action:

        Delegation Status of Part 63 NESHAPS--State of Idaho \1\
------------------------------------------------------------------------
                             Subpart                               IDEQ
------------------------------------------------------------------------
A. General Provisions...........................................      X
D. Early Reductions.............................................      X
F. HON-SOCMI....................................................      X
G. HON-Process Vents............................................      X
H. HON-Equipment Leaks..........................................      X
I. HON-Negotiated Leaks.........................................      X
L. Coke Oven Batteries..........................................      X
M. Perchloroethylene Dry Cleaning...............................      X
N. Chromium Electroplating......................................      X
O. Ethylene Oxide Sterilizers...................................      X
Q. Industrial Process Cooling Towers............................      X
R. Gasoline Distribution........................................      X
S. Pulp and Paper...............................................      X
T. Halogenated Solvent Cleaning.................................      X
U. Polymers and Resins I........................................      X
W. Polymers and Resins II--Epoxy................................      X
X. Secondary Lead Smelting......................................      X
Y. Marine Tank Vessel Loading...................................      X
AA. Phosphoric Acid Manufacturing Plants........................      X
BB. Phosphate Fertilizers Production Plants.....................      X
CC. Petroleum Refineries........................................      X
DD. Off-Site Waste and Recovery.................................      X
EE. Magnetic Tape Manufacturing.................................      X
GG. Aerospace Manufacturing & Rework............................      X
HH. Oil and Natural Gas Production Facilities...................      X
II. Shipbuilding and Ship Repair................................      X
JJ. Wood Furniture Manufacturing Operations.....................      X
KK. Printing and Publishing Industry............................      X
LL. Primary Aluminum............................................      X
OO. Tanks--Level 1..............................................      X
PP. Containers..................................................      X
QQ. Surface Impoundments........................................      X
RR. Individual Drain Systems....................................      X
SS. Closed Vent Systems, Control Devices, Recovery Devices and
 Routing to a Fuel Gas System or Process........................
TT. Equipment Leaks--Control Level 1............................      X
UU. Equipment Leaks--Control Level 2............................      X
VV. Oil-Water Separators and Organic-Water Separators...........      X
WW. Storage Vessels (Tanks)--Control Level 2....................      X
YY. Source Categories: Generic MACT.............................      X
CCC. Steel Pickling--HCl Process Facilities and Hydrochloric          X
 Acid Regeneration Plants.......................................
DDD. Mineral Wool Production....................................      X
EEE. Hazardous Waste Combustors.................................      X
GGG. Pharmaceuticals Production.................................      X
HHH. Natural Gas Transmission and Storage Facilities............      X
III. Flexible Polyurethane Foam Production......................      X
JJJ. Polymers and Resins IV.....................................      X
LLL. Portland Cement Manufacturing..............................      X
MMM. Pesticide Active Ingredient Production.....................      X
NNN. Wool Fiberglass Manufacturing..............................      X
OOO. Manufacture of Amino Phenolic Resins.......................      X
PPP. Polyether Polyols Production...............................      X
RRR. Secondary Aluminum Production..............................      X
TTT. Primary Lead Smelting......................................      X
VVV. Publicly Owned Treatment Works.............................      X
XXX. Ferroalloys Production: Ferromanganese & Silicomanganese...      X
------------------------------------------------------------------------
\1\ Delegation is for major sources only and subject to all federal law,
  regulations, policy and guidance.

    (ii) [Reserved]

[[Page 127]]

    (13)-(17) [Reserved]
    (18) Louisiana.
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Louisiana Department of 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some authorities 
cannot be delegated and are retained by EPA. These include certain 
General Provisions authorities and specific parts of some standards. Any 
amendments made to these rules after this effective date are not 
delegated.

     Delegation Status for Part 63 Standards--State of Louisiana \1\
------------------------------------------------------------------------
         Subpart                    Source Category           LDEQ \2,3\
------------------------------------------------------------------------
A........................  General Provisions \2\...........          X
D........................  Early Reductions.................          X
F........................  Hazardous Organic NESHAP (HON)--           X
                            Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI).
G........................  HON--SOCMI Process Vents, Storage          X
                            Vessels, Transfer Operations and
                            Wastewater.
H........................  HON--Equipment Leaks.............          X
I........................  HON--Certain Processes Negotiated          X
                            Equipment Leak Regulation.
J........................  Polyvinyl Chloride and Copolymers          X
                            Production.
K........................  (Reserved)
L........................  Coke Oven Batteries..............          X
M........................  Perchloroethylene Dry Cleaning...          X
N........................  Chromium Electroplating and                X
                            Chromium Anodizing Tanks.
O........................  Ethylene Oxide Sterilizers.......          X
P........................  (Reserved)
Q........................  Industrial Process Cooling Towers          X
R........................  Gasoline Distribution............          X
T........................  Halogenated Solvent Cleaning.....          X
U........................  Group I Polymers and Resins......          X
V........................  (Reserved)
W........................  Epoxy Resins Production and Non-           X
                            Nylon Polyamides Production.
X........................  Secondary Lead Smelting..........          X
Y........................  Marine Tank Vessel Loading.......          X
Z........................  (Reserved)
AA.......................  Phosphoric Acid Manufacturing              X
                            Plants.
BB.......................  Phosphate Fertilizers Production           X
                            Plants.
CC.......................  Petroleum Refineries.............          X
DD.......................  Off-Site Waste and Recovery                X
                            Operations.
EE.......................  Magnetic Tape Manufacturing......          X
FF.......................  (Reserved)
GG.......................  Aerospace Manufacturing and                X
                            Rework Facilities.
HH.......................  Oil and Natural Gas Production             X
                            Facilities.
II.......................  Shipbuilding and Ship Repair               X
                            Facilities.
JJ.......................  Wood Furniture Manufacturing               X
                            Operations.
KK.......................  Printing and Publishing Industry.          X
LL.......................  Primary Aluminum Reduction Plants          X
MM.......................  Chemical Recovery Combustion               X
                            Sources at Kraft, Soda, Sulfide,
                            and Stand-Alone Semichemical
                            Pulp Mills.
NN.......................  (Reserved)
OO.......................  Tanks--Level 1...................          X
PP.......................  Containers.......................          X
QQ.......................  Surface Impoundments.............          X
RR.......................  Individual Drain Systems.........          X
SS.......................  Closed Vent Systems, Control               X
                            Devices, Recovery Devices and
                            Routing to a Fuel Gas System or
                            a Process.
TT.......................  Equipment Leaks--Control Level 1.          X
UU.......................  Equipment Leaks--Control Level 2           X
                            Standards.
VV.......................  Oil-Water Separators and Organic-          X
                            Water Separators.
WW.......................  Storage Vessels (Tanks)--Control           X
                            Level 2.
XX.......................  Ethylene Manufacturing Process             X
                            Units: Heat Exchange Systems and
                            Waste Operations.
YY.......................  Generic Maximum Achievable                 X
                            Control Technology Standards.
ZZ-BBB...................  (Reserved).......................
CCC......................  Steel Pickling--HCl Process                X
                            Facilities and Hydrochloric Acid
                            Regeneration.
DDD......................  Mineral Wool Production..........          X
EEE......................  Hazardous Waste Combustors.......          X
FFF......................  (Reserved).......................
GGG......................  Pharmaceuticals Production.......          X
HHH......................  Natural Gas Transmission and               X
                            Storage Facilities.
III......................  Flexible Polyurethane Foam                 X
                            Production.
JJJ......................  Group IV Polymers and Resins.....          X
KKK......................  (Reserved)

[[Page 128]]

 
LLL......................  Portland Cement Manufacturing....          X
MMM......................  Pesticide Active Ingredient                X
                            Production.
NNN......................  Wool Fiberglass Manufacturing....          X
OOO......................  Amino/Phenolic Resins............          X
PPP......................  Polyether Polyols Production.....          X
QQQ......................  Primary Copper Smelting..........          X
RRR......................  Secondary Aluminum Production....          X
SSS......................  (Reserved)
TTT......................  Primary Lead Smelting............          X
UUU......................  Petroleum Refineries--Catalytic            X
                            Cracking Units, Catalytic
                            Reforming Units and Sulfur
                            Recovery Plants.
VVV......................  Publicly Owned Treatment Works             X
                            (POTW).
WWW......................  (Reserved)
XXX......................  Ferroalloys Production:                    X
                            Ferromanganese and
                            Silicomanganese.
AAAA.....................  Municipal Solid Waste Landfills..          X
CCCC.....................  Nutritional Yeast Manufacturing..          X
GGGG.....................  Solvent Extraction for Vegetable           X
                            Oil Production.
HHHH.....................  Wet Formed Fiberglass Mat                  X
                            Production.
JJJJ.....................  Paper and other Web Coating......          X
NNNN.....................  Surface Coating of Large                   X
                            Appliances.
OOOO.....................  Printing, Coating, and Dyeing of           X
                            Fabrics and Other Textiles.
QQQQ.....................  Surface Coating of Wood Building           X
                            Products.
RRRR.....................  Surface Coating of Metal                   X
                            Furniture.
SSSS.....................  Surface Coating for Metal Coil...          X
TTTT.....................  Leather Finishing Operations.....          X
UUUU.....................  Cellulose Production Manufacture.          X
VVVV.....................  Boat Manufacturing...............          X
WWWW.....................  Reinforced Plastic Composites              X
                            Production.
XXXX.....................  Tire Manufacturing...............          X
BBBBB....................  Semiconductor Manufacturing......          X
CCCCC....................  Coke Ovens: Pushing, Quenching             X
                            and Battery Stacks.
FFFFF....................  Integrated Iron and Steel........          X
JJJJJ....................  Brick and Structural Clay                  X
                            Products Manufacturing.
KKKKK....................  Clay Ceramics Manufacturing......          X
LLLLL....................  Asphalt Roofing and Processing...          X
MMMMM....................  Flexible Polyurethane Foam                 X
                            Fabrication Operation.
NNNNN....................  Hydrochloric Acid Production,              X
                            Fumed Silica Production.
PPPPP....................  Engine Test Facilities...........          X
QQQQQ....................  Friction Products Manufacturing..          X
SSSSS....................  Refractory Products Manufacturing          X
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
  (LDEQ).
\2\ Authorities which may not be delegated include: 63.6(g), Approval of
  Alternative Non-Opacity Emission Standards; 63.6(h)(9), Approval of
  Alternative Opacity Standards; 63.7(e)(2)(ii) and (f), Approval of
  Major Alternatives to Test Methods; 63.8(f), Approval of Major
  Alternatives to Monitoring; 6.3.10(f), Approval of Major Alternatives
  to Recordkeeping and Reporting; and all authorities identified in the
  subparts (e.g., under ``Delegation of Authority'') that cannot be
  delegated.
\3\ Federal rules adopted unchanged as of July 1, 2003.

    (ii) Affected sources within Louisiana shall comply with the Federal 
requirements of 40 CFR part 63--subpart S--Pulp and Paper Industry, 
adopted by reference by the Louisiana Department of Environmental 
Quality's (LDEQ), with the exception of the compliance date listed in 
Sec. 63.440(d)(1). The LDEQ has adopted an earlier compliance date than 
the Federal requirement. The earlier compliance date is approved by EPA 
pursuant to Sec. 63.92. Affected sources in Louisiana that are subject 
to the requirements of Subpart S shall meet the compliance date 
established at Louisiana Administrative Code, Title 33, part III, 
chapter 51, subchapter C., section 5122, C.2.
    (19) Maine.
    (i) [Reserved]
    (ii) Maine Department of Environmental Protection (ME DEP) may 
implement and enforce alternative requirements in the form of title V 
permit terms and conditions for Lincoln Pulp and Paper, located in 
Lincoln, Maine, for subpart S--National Emission Standards for Hazardous 
Air Pollutants from the Pulp and Paper Industry. This action is 
contingent upon ME DEP including, in title V permits, terms and 
conditions that are no less stringent than the federal standard and have 
been approved by EPA. In addition, the requirement applicable to the 
source remains the federal section 112

[[Page 129]]

requirement until EPA has approved the alternative permit terms and 
conditions and the final title V permit is issued.
    (20) Maryland.
    (i) Maryland is delegated the authority to implement and enforce all 
existing and future unchanged 40 CFR part 63 standards at major sources, 
as defined in 40 CFR part 70, in accordance with the delegation 
agreement between EPA Region III and the Maryland Department of the 
Environment, dated November 3, 1999, and any mutually acceptable 
amendments to that agreement.
    (ii) Maryland is delegated the authority to implement and enforce 
all existing 40 CFR part 63 standards and all future unchanged 40 CFR 
part 63 standards, if delegation is sought by the Maryland Department of 
the Environment and approved by EPA Region III, at affected sources 
which are not located at major sources, as defined in 40 CFR part 70, in 
accordance with the final rule, dated January 30, 2002, effective April 
1, 2002, and any mutually acceptable amendments to the terms described 
in the direct final rule.
    (iii) EPA has granted the Maryland Department of the Environment 
(MDE) ``up-front'' approval to implement an Equivalency by Permit (EBP) 
program under which the MDE may establish and enforce alternative State 
requirements for MeadWestvaco Company's Luke Mill in lieu of those of 
the National Emissions Standard for Hazardous Air Pollutants (NESHAP) 
for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and 
Stand-Alone Semichemical Pulp Mills found at 40 CFR part 63, subpart MM. 
The MDE may only establish alternative requirements for the Luke Mill 
which are equivalent to and at least as stringent as the otherwise 
applicable Federal requirements. The MDE must, in order to establish 
alternative requirements for the Luke Mill under its EPA approved EBP 
program: submit to EPA for review pre-draft Clean Air Act (CAA) Title V 
permit terms specifying alternative requirements which are at least as 
stringent as the otherwise applicable Federal requirements, obtain EPA's 
written approval of the alternative pre-draft CAA Title V permit 
requirements, and issue a CAA Title V permit for the Luke Mill which 
contains the approved alternative requirements. Until EPA has approved 
the alternative permit terms and conditions and the MDE has issued a 
final CAA Title V permit incorporating them, MeadWestvaco Company's Luke 
Mill will remain subject to the Federal NESHAP requirements found at 40 
CFR part 63, subpart MM.
    (21) Massachusetts.
    (i) [Reserved]
    (ii) Affected area sources within Massachusetts must comply with the 
Massachusetts Regulations Applicable to Hazardous Air Pollutants 
(incorporated by reference as specified in Sec. 63.14) as described in 
paragraph (a)(21)(ii)(A) of this section:
    (A) The material incorporated in the Massachusetts Department of 
Environmental Protection 310 CMR 72.6 and 310 CMR 70.01 pertaining to 
dry cleaning facilities in the Commonwealth of Massachusetts 
jurisdiction, and has been approved under the procedures in Sec. 63.93 
to be implemented and enforced in place of the Federal NESHAPs for 
Perchloroethylene Dry Cleaning Facilities (subpart M of this part) for 
area sources only, as defined in Sec. 63.320(h).
    (B) [Reserved]
    (22)-(27) [Reserved]
    (28) Nevada.
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the air pollution control agencies in 
the State of Nevada. The (X) symbol is used to indicate each category 
that has been delegated.

                                 Delegation Status for Part 63 Standards--Nevada
----------------------------------------------------------------------------------------------------------------
           Subpart                       Description                NDEP \1\        WCAQMD \2\      CCDAQM \3\
----------------------------------------------------------------------------------------------------------------
A...........................  General Provisions..............               X                X
F...........................  Synthetic Organic Chemical                     X
                               Manufacturing Industry.
G...........................  Synthetic Organic Chemical                     X
                               Manufacturing Industry: Process
                               Vents, Storage Vessels,
                               Transfer Operations, and
                               Wastewater.
H...........................  Organic Hazardous Air                          X
                               Pollutants: Equipment Leaks.

[[Page 130]]

 
I...........................  Organic Hazardous Air                          X
                               Pollutants: Certain Processes
                               Subject to the Negotiated
                               Regulation for Equipment Leaks.
L...........................  Coke Oven Batteries.............               X
M...........................  Perchloroethylene Dry Cleaning..               X                X
N...........................  Hard and Decorative Chromium                   X                X
                               Electroplating and Chromium
                               Anodizing Tanks.
O...........................  Ethylene Oxide Sterilization                   X                X
                               Facilities.
Q...........................  Industrial Process Cooling                     X
                               Towers.
R...........................  Gasoline Distribution Facilities               X                X
S...........................  Pulp and Paper..................               X
T...........................  Halogenated Solvent Cleaning....               X                X
U...........................  Group I Polymers and Resins.....               X
W...........................  Epoxy Resins Production and Non-               X
                               Nylon Polyamides Production.
X...........................  Secondary Lead Smelting.........               X
Y...........................  Marine Tank Vessel Loading                     X
                               Operations.
AA..........................  Phosphoric Acid Manufacturing                  X
                               Plants.
BB..........................  Phosphate Fertilizers Production               X
                               Plants.
CC..........................  Petroleum Refineries............               X
DD..........................  Off-Site Waste and Recovery                    X
                               Operations.
EE..........................  Magnetic Tape Manufacturing                    X
                               Operations.
GG..........................  Aerospace Manufacturing and                    X
                               Rework Facilities.
HH..........................  Oil and Natural Gas Production                 X
                               Facilities.
II..........................  Shipbuilding and Ship Repair                   X
                               (Surface Coating).
JJ..........................  Wood Furniture Manufacturing                   X
                               Operations.
KK..........................  Printing and Publishing Industry               X                X
LL..........................  Primary Aluminum Reduction                     X
                               Plants.
OO..........................  Tanks--Level 1..................               X
PP..........................  Containers......................               X
QQ..........................  Surface Impoundments............               X
RR..........................  Individual Drain Systems........               X
SS..........................  Closed Vent Systems, Control                   X
                               Devices, Recovery Devices and
                               Routing to a Fuel Gas System or
                               a Process.
TT..........................  Equipment Leaks--Control Level 1               X
UU..........................  Equipment Leaks--Control Level 2               X
VV..........................  Oil-Water Separators and Organic-              X
                               Water Separators.
WW..........................  Storage Vessels (Tanks)--Control               X
                               Level 2.
YY..........................  Generic MACT Standards..........               X
CCC.........................  Steel Pickling..................               X
DDD.........................  Mineral Wool Production.........               X
EEE.........................  Hazardous Waste Combustors......               X
GGG.........................  Pharmaceuticals Production......               X
HHH.........................  Natural Gas Transmission and                   X
                               Storage Facilities.
III.........................  Flexible Polyurethane Foam                     X
                               Production.
JJJ.........................  Group IV Polymers and Resins....               X
LLL.........................  Portland Cement Manufacturing                  X
                               Industry.
MMM.........................  Pesticide Active Ingredient                    X
                               Production.
NNN.........................  Wool Fiberglass Manufacturing...               X
OOO.........................  Manufacture of Amino/Phenolic                  X
                               Resins.
----------------------------------------------------------------------------------------------------------------
\1\ Nevada Division of Environmental Protection.
\2\ Washoe County Air Quality Management Division.
\3\ Clark County Department of Air Quality Management.

    (ii) [Reserved]
    (29) New Hampshire. (i) New Hampshire is delegated the authority to 
implement and enforce all existing and future unchanged 40 CFR part 63 
standards in accordance with the delegation procedures in Attachment II 
of the delegation request letter dated May 9, 2002 submitted by NH DES 
to EPA and any mutually acceptable amendments to those delegation 
procedures.
    (ii) New Hampshire Department of Environmental Services (NH DES) may 
implement and enforce alternative requirements in the form of title V 
permit terms and conditions for Groveton Paper Board Inc. of Groveton, 
NH and

[[Page 131]]

Pulp & Paper of America, LLC of Berlin, NH for subpart S--National 
Emission Standards for Hazardous Air Pollutants from the Pulp and Paper 
Industry and subpart MM--National Emissions Standards for Hazardous Air 
Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, 
Sulfite and Stand-Alone Semi-chemical Pulp Mills. This action is 
contingent upon NH DES including, in title V permits, terms and 
conditions that are no less stringent than the Federal standard and have 
been approved by EPA. In addition, the requirement applicable to the 
source remains the Federal section 112 requirement until EPA has 
approved the alternative permit terms and conditions and the final title 
V permit is issued.
    (iii) Affected inactive waste disposal sites not operated after July 
9, 1981 must comply with the New Hampshire Regulations Applicable to 
Hazardous Air Pollutants, March, 2003, (incorporated by reference as 
specified in Sec. 63.14) as described as follows:
    (A) The material incorporated in the New Hampshire Regulations 
Applicable to Hazardous Air Pollutants, March, 2003, (incorporated by 
reference as specified in Sec. 63.14) pertains to inactive waste 
disposal sites not operated after July 9, 1981 in the State of New 
Hampshire's jurisdiction, and has been approved under the procedures in 
40 CFR 63.93 to be implemented and enforced in place of the Federal 
NESHAPs for Inactive Waste Disposal Sites (40 CFR 61.151).
    (30) New Jersey. (i) Affected sources must comply with the Toxic 
Catastrophe Prevention Act Program (TCPA), (July 20, 1998), 
(incorporated by reference as specified in Sec. 63.14) as described in 
paragraph (a)(30)(i)(A) of this section:
    (A) Except for authorities identified as not being delegated, the 
regulations incorporated in New Jersey's ``Toxic Catastrophe Prevention 
Act Program,'' Title 7, Chapter 31, of the New Jersey Administrative 
Code: Subchapter 1, ``General Provisions'' (sections 1.1 to 1.10 except 
for the definition of ``What if Checklist''), Subchapter 2, ``Hazard 
Assessment,'' Subchapter 3, ``Minimum Requirements for a Program 2 TCPA 
Risk Management Program,'' Subchapter 4, ``Minimum Requirements for a 
Program 3 TCPA Risk Management Program,'' Subchapter 5, ``Emergency 
Response,'' Subchapter 6, ``Extraordinarily Hazardous Substances,'' 
Subchapter 7, ``Risk Management Plan and TCPA Submission,'' and 
Subchapter 8, ``Other Federal Requirements,'' (effective July 20, 1998), 
pertain to the sources affected by 40 CFR part 68 and have been approved 
under the procedures in Sec. Sec. 63.91, 63.93 and 63.95 to be 
implemented and enforced in place of 40 CFR part 68, Subparts A through 
H, as may be amended.
    (1) Authorities not delegated:
    (i) The New Jersey Department of Environmental Protection is not 
delegated the Administrator's authority to implement and enforce New 
Jersey's Toxic Catastrophe Prevention Act Program, Title 7, Chapter 31, 
of the New Jersey Administrative Code, in lieu of the provisions of 40 
CFR part 68 as they apply to the regulation of processes that are 
covered only because they contain regulated quantities of liquid 
petroleum gases (LPG) regulated under the New Jersey Liquified Petroleum 
Gas Act of 1950 (N.J.S.A. 21:1B),
    (ii) Pursuant to Sec. 63.90(c) the New Jersey Department of 
Environmental Protection is not delegated the Administrator's authority 
to add or delete substances from the list of substances established 
under section 112(r) and set forth in 40 CFR 68.130.
    (31) New Mexico.
    (i) The following table lists the specific part 63 standards 
promulgated by EPA, that have been delegated unchanged to the New Mexico 
Environment Department for all sources (both part 70 and non-part 70 
sources). The delegation applies to the following part 63 standards 
promulgated by EPA, as amended in the Federal Register through September 
1, 2002. The (X) symbol is used to indicate each subpart that has been 
delegated.

[[Page 132]]



     Delegation Status for Part 63 Standards--New Mexico (Excluding
                Bernalillo County and Indian Country) \1\
------------------------------------------------------------------------
            Subpart                   Source category        New Mexico
------------------------------------------------------------------------
A..............................  General Provisions \2\...            X
D..............................  Early Reductions.........            X
F..............................  Hazardous Organic NESHAP             X
                                  (HON)--Synthetic Organic
                                  Chemical Manufacturing
                                  Industry (SOCMI).
G..............................  HON--SOCMI Process Vents,            X
                                  Storage Vessels,
                                  Transfer Operations and
                                  Wastewater.
H..............................  HON--Equipment Leaks.....            X
I..............................  HON--Certain Processes               X
                                  Negotiated Equipment
                                  Leak Regulation.
J..............................  Polyvinyl Chloride and               X
                                  Copolymers Production.
K..............................  (Reserved)...............
L..............................  Coke Oven Batteries......            X
M..............................  Perchloroethylene Dry                X
                                  Cleaning.
N..............................  Chromium Electroplating              X
                                  and Chromium Anodizing
                                  Tanks.
O..............................  Ethylene Oxide                       X
                                  Sterilizers.
P..............................  (Reserved)...............
Q..............................  Industrial Process                   X
                                  Cooling Towers.
R..............................  Gasoline Distribution....            X
S..............................  Pulp and Paper Industry..            X
T..............................  Halogenated Solvent                  X
                                  Cleaning.
U..............................  Group I Polymers and                 X
                                  Resins.
V..............................  (Reserved)...............
W..............................  Epoxy Resins Production              X
                                  and Non-Nylon Polyamides
                                  Production.
X..............................  Secondary Lead Smelting..            X
Y..............................  Marine Tank Vessel                   X
                                  Loading.
Z..............................  (Reserved)...............
AA.............................  Phosphoric Acid                      X
                                  Manufacturing Plants.
BB.............................  Phosphate Fertilizers                X
                                  Production Plants.
CC.............................  Petroleum Refineries.....            X
DD.............................  Off-Site Waste and                   X
                                  Recovery Operations.
EE.............................  Magnetic Tape                        X
                                  Manufacturing.
FF.............................  (Reserved)...............
GG.............................  Aerospace Manufacturing              X
                                  and Rework Facilities.
HH.............................  Oil and Natural Gas                  X
                                  Production Facilities.
II.............................  Shipbuilding and Ship                X
                                  Repair Facilities.
JJ.............................  Wood Furniture                       X
                                  Manufacturing Operations.
KK.............................  Printing and Publishing              X
                                  Industry.
LL.............................  Primary Aluminum                     X
                                  Reduction Plants.
MM.............................  Chemical Recovery
                                  Combustion Sources at
                                  Kraft, Soda, Sulfide,
                                  and Stand-Alone
                                  Semichemical Pulp Mills.
NN.............................  (Reserved)...............
OO.............................  Tanks--Level 1...........            X
PP.............................  Containers...............            X
QQ.............................  Surface Impoundments.....            X
RR.............................  Individual Drain Systems.            X
SS.............................  Closed Vent Systems,                 X
                                  Control Devices,
                                  Recovery Devices and
                                  Routing to a Fuel Gas
                                  System or a Process.
TT.............................  Equipment Leaks--Control             X
                                  Level 1.
UU.............................  Equipment Leaks--Control             X
                                  Level 2 Standards.
VV.............................  Oil-Water Separators and             X
                                  Organic-Water Separators.
WW.............................  Storage Vessels (Tanks)--            X
                                  Control Level 2.
XX.............................  (Reserved)...............
YY.............................  Generic Maximum                      X
                                  Achievable Control
                                  Technology Standards.
ZZ-BBB.........................  (Reserved)...............
CCC............................  Steel Pickling--HCl                  X
                                  Process Facilities and
                                  Hydrochloric Acid
                                  Regeneration.
DDD............................  Mineral Wool Production..            X
EEE............................  Hazardous Waste                      X
                                  Combustors.
FFF............................  (Reserved)...............
GGG............................  Pharmaceuticals                      X
                                  Production.
HHH............................  Natural Gas Transmission             X
                                  and Storage Facilities.
III............................  Flexible Polyurethane                X
                                  Foam Production.
JJJ............................  Group IV Polymers and                X
                                  Resins.
KKK............................  (Reserved)...............
LLL............................  Portland Cement                      X
                                  Manufacturing.
MMM............................  Pesticide Active                     X
                                  Ingredient Production.
NNN............................  Wool Fiberglass                      X
                                  Manufacturing.
OOO............................  Amino/Phenolic Resins....            X
PPP............................  Polyether Polyols                    X
                                  Production.
QQQ............................  Primary Copper Smelting..            X
RRR............................  Secondary Aluminum                   X
                                  Production.
SSS............................  (Reserved)...............
TTT............................  Primary Lead Smelting....            X

[[Page 133]]

 
UUU............................  Petroleum Refineries--               X
                                  Catalytic Cracking
                                  Units, Catalytic
                                  Reforming Units and
                                  Sulfur Recovery Plants.
VVV............................  Publicly Owned Treatment             X
                                  Works (POTW).
WWW............................  (Reserved)...............
XXX............................  Ferroalloys Production:              X
                                  Ferromanganese and
                                  Silicomanganese.
AAAA...........................  Municipal Solid Waste
                                  Landfills.
CCCC...........................  Nutritional Yeast                    X
                                  Manufacturing.
EEEE...........................  Organic Liquids
                                  Distribution.
GGGG...........................  Solvent Extraction for               X
                                  Vegetable Oil Production.
HHHH...........................  Wet Formed Fiberglass Mat            X
                                  Production.
JJJJ...........................  Paper and other Web
                                  (Surface Coating).
KKKK...........................  Metal Can (Surface
                                  Coating).
NNNN...........................  Surface Coating of Large             X
                                  Appliances.
OOOO...........................  Fabric Printing Coating
                                  and Dyeing.
PPPP...........................  Plastic Parts (Surface
                                  Coating).
QQQQ...........................  Surface Coating of Wood
                                  Building Products.
RRRR...........................  Surface Coating of Metal
                                  Furniture.
SSSS...........................  Surface Coating for Metal            X
                                  Coil.
TTTT...........................  Leather Finishing                    X
                                  Operations.
UUUU...........................  Cellulose Production                 X
                                  Manufacture.
VVVV...........................  Boat Manufacturing.......            X
WWWW...........................  Reinforced Plastic
                                  Composites Production.
XXXX...........................  Tire Manufacturing.......            X
YYYY...........................  Combustion Turbines......
BBBBB..........................  Semiconductor
                                  Manufacturing.
CCCCC..........................  Coke Ovens: Pushing,                 X
                                  Quenching and Battery
                                  Stacks.
EEEEE..........................  Iron Foundries...........
FFFFF..........................  Integrated Iron and Steel
GGGGG..........................  Site Remediation.........
HHHHH..........................  Miscellaneous Coating
                                  Manufacturing.
IIIII..........................  Mercury Cell Chlor-Alkali
                                  Plants.
JJJJJ..........................  Brick and Structural Clay
                                  Products Manufacturing.
KKKKK..........................  Clay Ceramics
                                  Manufacturing.
LLLLL..........................  Asphalt Roofing and
                                  Processing.
MMMMM..........................  Flexible Polyurethane
                                  Foam Fabrication
                                  Operation.
NNNNN..........................  Hydrochloric Acid
                                  Production, Fumed Silica
                                  Production.
PPPPP..........................  Engine Test Facilities...
QQQQQ..........................  Friction Products
                                  Manufacturing.
RRRRR..........................  Taconite Iron Ore
                                  Processing.
SSSSS..........................  Refractory Products
                                  Manufacture.
TTTTT..........................  Primary Magnesium
                                  Refining.
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).
\2\ Authorities that cannot be delegated include Sec. 63.6(g),
  Approval of Alternative Non-Opacity Standards; Sec. 63.6(h)(9),
  Approval of Alternative Opacity Standards; Sec. 63.7(e)(2)(ii) and
  (f), Approval of Major Alternatives to Test Methods; Sec. 63.8(f),
  Approval of Major Alternatives to Monitoring; and Sec. 63.10(f),
  Approval of Major Alternatives to Recordkeeping and Reporting. In
  addition, all authorities identified in the certain subparts that EPA
  has designated that cannot be delegated.

    (32) [Reserved]
    (33) North Carolina.
    (i) [Reserved]
    (ii) North Carolina Department of Environment and Natural Resources 
(NC DENR) may implement and enforce alternative requirements in the form 
of title V permit terms and conditions for International Paper 
Riegelwood mill, Riegelwood, North Carolina; International Paper Roanoke 
Rapids mill, Roanoke Rapids, North Carolina; Blue Ridge Paper Products, 
Canton, North Carolina; Weyerhaeuser New Bern facility, New Bern, North 
Carolina; and Weyerhaeuser Plymouth facility, Plymouth, North Carolina, 
for Subpart S of this Part--National Emission Standards for Hazardous 
Air Pollutants from the Pulp and Paper Industry and Subpart MM of this 
Part--National Emissions Standards for Hazardous Air Pollutants for 
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-
alone Semi-chemical Pulp Mills. This action is contingent upon NC DENR 
including, in title V permits, terms and conditions that are no less 
stringent than the Federal standard. In addition, the requirements 
applicable to the sources

[[Page 134]]

remain the Federal section 112 requirements until EPA has approved the 
alternative permit terms and conditions and the final title V permit is 
issued.
    (34)-(35) [Reserved]
    (36) Oklahoma. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the State of Oklahoma 
for all sources. The (X) symbol is used to indicate each subpart that 
has been delegated.

            Delegation Status for Part 63 Standards--Oklahoma
------------------------------------------------------------------------
             Subpart                                          ODEQ \1\
------------------------------------------------------------------------
A...............................  General Provisions \2\..  X
D...............................  Early Reductions........
F...............................  HON--SOCMI..............  X
G...............................  HON--SOCMI Process        X
                                   Vents, Storage Vessels,
                                   Transfer Operations and
                                   Wastewater.
H...............................  HON--Equipment Leaks....  X
I...............................  HON--Certain Processes    X
                                   Negotiated Equipment
                                   Leak Regulation.
L...............................  Coke Oven Batteries.....  X
M...............................  Perchloroethylene Dry     X
                                   Cleaning.
N...............................  Chromium Electroplating.  X
O...............................  Ethylene Oxide            X
                                   Sterilizers.
Q...............................  Industrial Process        X
                                   Cooling Towers.
R...............................  Gasoline Distribution...  X
S...............................  Pulp and Paper Industry.  X
T...............................  Halogenated Solvent       X
                                   Cleaning.
U...............................  Polymers and Resins I...  X
W...............................  Polymers and Resins II-   X
                                   Epoxy.
X...............................  Secondary Lead Smelting.  X
Y...............................  Marine Tank Vessel        X
                                   Loading.
CC..............................  Petroleum Refineries....  X
DD..............................  Off-Site Waste and        X
                                   Recovery.
EE..............................  Magnetic Tape             X
                                   Manufacturing.
GG..............................  Aerospace Manufacturing   X
                                   and Rework.
HH..............................  Oil and Natural Gas       X
                                   Production.
II..............................  Shipbuilding and Ship     X
                                   Repair.
JJ..............................  Wood Furniture            X
                                   Manufacturing
                                   Operations.
KK..............................  Printing and Publishing   X
                                   Industry.
LL..............................  Primary Aluminum          X
                                   Reduction Plants.
OO..............................  Tanks--Level 1..........  X
PP..............................  Containers..............  X
QQ..............................  Surface Impoundments....  X
RR..............................  Individual Drain Systems  X
SS..............................  Closed Vent Systems,      X
                                   Control Devices,
                                   Recovery Devices and
                                   Routing to a Fuel Gas
                                   System or a Process.
TT..............................  Equipment Leaks--Level 1  X
UU..............................  Equipment Leaks--Level 2  X
                                   Standards.
VV..............................  Oil-Water Separators and  X
                                   Organic-Water
                                   Separators.
WW..............................  Storage Vessels (Tanks)-- X
                                   Control Level 2.
YY..............................  Generic Maximum           X
                                   Achievable Control
                                   Technology Standards.
CCC.............................  Steel Pickling--HCl       X
                                   Process Facilities and
                                   Hydrochloric Acid
                                   Regeneration.
DDD.............................  Mineral Wool Production.  X
EEE.............................  Hazardous Waste           X
                                   Combustors.
GGG.............................  Pharmaceuticals           X
                                   Production.
HHH.............................  Natural Gas Transmission  X
                                   and Storage.
III.............................  Flexible Polyurethane     X
                                   Foam Production.
JJJ.............................  Polymers and Resins,      X
                                   Group IV.
LLL.............................  Portland Cement           X
                                   Manufacturing.
MMM.............................  Pesticide Active          X
                                   Ingredient Production.
NNN.............................  Wool Fiberglass           X
                                   Manufacturing.
PPP.............................  Polyether Polyols         X
                                   Production.
TTT.............................  Primary Lead Smelting...  X
XXX.............................  Ferroalloys Production..  X
------------------------------------------------------------------------
\1\ Oklahoma Department of Environmental Quality.
\2\ Authorities which may not be delegated include: 63.6(g); 63.6(h)(9);
  63.7(e)(2)(ii) and (f) for approval of major alternatives to test
  methods; 63.8(f) for approval of major alternatives to monitoring; and
  all authorities identified in the subparts (i.e., under ``Delegation
  of Authority'') that cannot be delegated.

    (37) Oregon. (i) The following table lists the delegation status of 
specific part 63 subparts that have been delegated to state and local 
air pollution control agencies in Oregon. An ``X'' indicates the subpart 
has been delegated,

[[Page 135]]

subject to all the conditions and limitations set forth in federal law, 
regulations, policy, guidance, and determinations. Some authorities 
cannot be delegated and are retained by EPA. These include certain 
General Provisions authorities and specific parts of some standards. The 
dates noted at the end of this table indicate the effective dates of 
federal rules that have been delegated. Any amendments made to these 
rules after this effective date are not delegated.

         Delegation Status of Part 63 NESHAPS--State of Oregon 1
------------------------------------------------------------------------
                  Subpart 2                      ODEQ 3        LRAPA 4
------------------------------------------------------------------------
A General Provisions 5......................            X             X
D Early Reductions..........................
F HON-SOCMI.................................            X             X
G HON-Process Vents.........................            X             X
H HON-Equipment Leaks.......................            X             X
I HON-Negotiated Leaks......................            X             X
L Coke Oven Batteries.......................            X             X
M Perchloroethylene Dry Cleaning............            X             X
N Chromium Electroplating...................            X             X
O Ethylene Oxide Sterilizers................            X             X
Q Industrial Process Cooling Towers.........            X             X
R Gasoline Distribution.....................            X             X
S Pulp and Paper............................            X             X
T Halogenated Solvent Cleaning..............            X             X
U Polymers and Resins I.....................            X             X
W Polymers and Resins II-Epoxy..............            X             X
X Secondary Lead Smelting...................            X             X
Y Marine Tank Vessel Loading................            X             X
AA Phosphoric Acid Manufacturing Plants.....            X             X
BB Phosphate Fertilizers Production Plants..            X             X
CC Petroleum Refineries.....................            X             X
DD Off-Site Waste and Recovery..............            X             X
EE Magnetic Tape Manufacturing..............            X             X
GG Aerospace Manufacturing & Rework.........            X             X
HH Oil and Natural Gas Production Facilities            X             X
II Shipbuilding and Ship Repair.............            X             X
JJ Wood Furniture Manufacturing Operations..            X             X
KK Printing and Publishing Industry.........            X             X
LL Primary Aluminum.........................            X             X
MM Chemical Recovery Combustion Sources at              X             X
 Kraft, Soda, Sulfite, and Stand-Alone
 Semichemical Pulp Mills....................
OO Tanks--Level 1...........................            X             X
PP Containers...............................            X             X
QQ Surface Impoundments.....................            X             X
RR Individual Drain Systems.................            X             X
SS Closed Vent Systems, Control Devices,                X             X
 Recovery Devices and Routing to a Fuel Gas
 System or Process..........................
TT Equipment Leaks--Control Level 1.........            X             X
UU Equipment Leaks--Control Level 2.........            X             X
VV Oil-Water Separators and Organic-Water               X             X
 Separators.................................
WW Storage Vessels (Tanks)--Control Level 2.            X             X
YY Source Categories: Generic MACT..........            X             X
CCC Steel Pickling--HCl Process Facilities              X             X
 and Hydrochloric Acid Regeneration Plants..
DDD Mineral Wool Production.................            X             X
EEE Hazardous Waste Combustors..............            X             X
GGG Pharmaceuticals Production..............            X             X
HHH Natural Gas Transmission and Storage                X             X
 Facilities.................................
III Flexible Polyurethane Foam Production...            X             X
JJJ Polymers and Resins IV..................            X             X
LLL Portland Cement Manufacturing...........            X             X
MMM Pesticide Active Ingredient Production..            X             X
NNN Wool Fiberglass Manufacturing...........            X             X
OOO Manufacture of Amino Phenolic Resins....            X             X
PPP Polyether Polyols Production............            X             X
RRR Secondary Aluminum Production...........            X             X
TTT Primary Lead Smelting...................            X             X
VVV Publicly Owned Treatment Works..........            X             X
XXX Ferroalloys Production: Ferromanganese &            X             X
 Silico manganese...........................
CCCC Manufacture of Nutritional Yeast.......            X             X
GGGG Extraction of Vegetable Oil............            X             X
------------------------------------------------------------------------
1 Table last updated on August 9, 2002; see 40 CFR 61.04(b)(WW) for
  agency addresses.
2 Any authority within any subpart of this part (i.e. under ``Delegation
  of Authority'') that is identified as not delegatable, is not
  delegated.

[[Page 136]]

 
3 Oregon Department of Environmental Quality (07/01/2001).
4 Lane Region Air Pollution Authority (07/01/2001).
5 General Provisions Authorities which may not be delegated include:
  Sec. Sec. 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval
  of major alternatives to test methods; Sec. 63.9(f) for approval of
  major alternatives to monitoring. For definitions of minor,
  intermediate, and major alternatives to test methods and monitoring,
  see 40 CFR 63.90.

    (38) Pennsylvania. (i) Pennsylvania is delegated the authority to 
implement and enforce all existing and future unchanged 40 CFR part 63 
standards at major sources, as defined in 40 CFR part 70, in accordance 
with the delegation agreement between EPA Region III and the 
Pennsylvania Department of Environmental Protection, dated January 5, 
1998, and any mutually acceptable amendments to that agreement.
    (ii) Pennsylvania is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards, if delegation is requested by the Pennsylvania 
Department of Environmental Protection and approved by EPA Region III, 
at sources not subject to the permitting requirements of 40 CFR part 70, 
in accordance with the final rule, dated September 13, 2001, effective 
November 13, 2001, and any mutually acceptable amendments to the terms 
described in the direct final rule.
    (iii) Philadelphia is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards, if delegation is requested by the City of 
Philadelphia Department of Public Health Air Management Services and 
approved by EPA Region III, at sources within the City of Philadelphia, 
in accordance with the final rule, dated January 29, 2002, effective 
April 1, 2002, and any mutually acceptable amendments to the terms 
described in the direct final rule.
    (iv) Allegheny County is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards at sources within Allegheny County, in 
accordance with the final rule, dated January 30, 2002, effective April 
1, 2002, and any mutually acceptable amendments to the terms described 
in the direct final rule.
    (v) Allegheny County is delegated the authority to implement and 
enforce the provisions of 40 CFR part 68 and all future unchanged 
amendments to 40 CFR part 68 at sources within Allegheny County, in 
accordance with the final rule, dated January 30, 2002, effective April 
1, 2002, and any mutually acceptable amendments to the terms described 
in the direct final rule.
    (39) [Reserved]
    (40) South Carolina
    (i) [Reserved]
    (ii) South Carolina Department of Health and Environmental Control 
(SC DHEC) may implement and enforce alternative requirements in the form 
of title V permit terms and conditions for International Paper 
Georgetown Mill, Georgetown, South Carolina, for subpart S of this 
part--National Emission Standards for Hazardous Air Pollutants from the 
Pulp and Paper Industry. This action is contingent upon SC DHEC 
including, in title V permits, terms and conditions that are no less 
stringent than the Federal standard. In addition, the requirement 
applicable to the source remains the Federal section 112 requirement 
until EPA has approved the alternative permit terms and conditions and 
the final title V permit is issued.
    (41)-(42) [Reserved]
    (43) Texas. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the Texas Commission on 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some authorities 
cannot be delegated and are retained by EPA. These include certain 
General Provisions authorities and specific parts of some standards. Any 
amendments made to these rules after this effective date are not 
delegated.

[[Page 137]]



       Delegation Status for Part 63 Standards--State of Texas \1\
------------------------------------------------------------------------
       Subpart                Source Category              TCEQ \2\
------------------------------------------------------------------------
F....................  Hazardous Organic NESHAP                       X
                        (HON)--Synthetic Organic
                        Chemical Manufacturing
                        Industry (SOCMI).
G....................  HON--SOCMI Process Vents,                      X
                        Storage Vessels, Transfer
                        Operations and Wastewater.
H....................  HON--Equipment Leaks.........                  X
I....................  HON--Certain Processes                         X
                        Negotiated Equipment Leak
                        Regulation.
J....................  Polyvinyl Chloride and                         X
                        Copolymers Production.
K....................  (Reserved)...................
L....................  Coke Oven Batteries..........                  X
M....................  Perchloroethylene Dry                          X
                        Cleaning.
N....................  Chromium Electroplating and                    X
                        Chromium Anodizing Tanks.
O....................  Ethylene Oxide Sterilizers...                  X
P....................  (Reserved)...................
Q....................  Industrial Process Cooling                     X
                        Towers.
R....................  Gasoline Distribution........                  X
S....................  Pulp and Paper Industry......                  X
T....................  Halogenated Solvent Cleaning.                  X
U....................  Group I Polymers and Resins..                  X
V....................  (Reserved)...................
W....................  Epoxy Resins Production and                    X
                        Non-Nylon Polyamides
                        Production.
X....................  Secondary Lead Smelting......                  X
Y....................  Marine Tank Vessel Loading...                  X
Z....................  (Reserved)...................
AA...................  Phosphoric Acid Manufacturing                  X
                        Plants.
BB...................  Phosphate Fertilizers                          X
                        Production Plants.
CC...................  Petroleum Refineries.........                  X
DD...................  Off-Site Waste and Recovery                    X
                        Operations.
EE...................  Magnetic Tape Manufacturing..                  X
FF...................  (Reserved)...................
GG...................  Aerospace Manufacturing and                    X
                        Rework Facilities.
HH...................  Oil and Natural Gas                            X
                        Production Facilities.
II...................  Shipbuilding and Ship Repair                   X
                        Facilities.
JJ...................  Wood Furniture Manufacturing                   X
                        Operations.
KK...................  Printing and Publishing                        X
                        Industry.
LL...................  Primary Aluminum Reduction                     X
                        Plants.
MM...................  Chemical Recovery Combustion                   X
                        Sources at Kraft, Soda,
                        Sulfide, and Stand-Alone
                        Semichemical Pulp Mills.
NN...................  (Reserved)...................
OO...................  Tanks-Level 1................                  X
PP...................  Containers...................                  X
QQ...................  Surface Impoundments.........                  X
RR...................  Individual Drain Systems.....                  X
SS...................  Closed Vent Systems, Control                   X
                        Devices, Recovery Devices
                        and Routing to a Fuel Gas
                        System or a Process.
TT...................  Equipment Leaks--Control                       X
                        Level 1.
UU...................  Equipment Leaks--Control                       X
                        Level 2 Standards.
VV...................  Oil-Water Separators and                       X
                        Organic-Water Separators.
WW...................  Storage Vessels (Tanks)--                      X
                        Control Level 2.
XX...................  (Reserved)...................
YY...................  Generic Maximum Achievable                     X
                        Control Technology Standards.
ZZ-BBB...............  (Reserved)...................
CCC..................  Steel Pickling--HCl Process                    X
                        Facilities and Hydrochloric
                        Acid Regeneration.
DDD..................  Mineral Wool Production......                  X
EEE..................  Hazardous Waste Combustors...                  X
FFF..................  (Reserved)...................
GGG..................  Pharmaceuticals Production...                  X
HHH..................  Natural Gas Transmission and                   X
                        Storage Facilities.
III..................  Flexible Polyurethane Foam                     X
                        Production.
JJJ..................  Group IV Polymers and Resins.                  X
KKK..................  (Reserved)...................
LLL..................  Portland Cement Manufacturing                  X
MMM..................  Pesticide Active Ingredient                    X
                        Production.
NNN..................  Wool Fiberglass Manufacturing                  X
OOO..................  Amino/Phenolic Resins........                  X
PPP..................  Polyether Polyols Production.                  X
QQQ..................  Primary Copper Smelting......                  X
RRR..................  Secondary Aluminum Production                  X
SSS..................  (Reserved)...................
TTT..................  Primary Lead Smelting........                  X
UUU..................  Petroleum Refineries--                         X
                        Catalytic Cracking Units,
                        Catalytic Reforming Units
                        and Sulfur Recovery Plants.
VVV..................  Publicly Owned Treatment                       X
                        Works (POTW).
WWW..................  (Reserved)...................

[[Page 138]]

 
XXX..................  Ferroalloys Production:                        X
                        Ferromanganese and
                        Silicomanganese.
AAAA.................  Municipal Solid Waste                          X
                        Landfills.
CCCC.................  Nutritional Yeast                              X
                        Manufacturing.
DDDD.................  Plywood and Composite Wood
                        Products.
EEEE.................  Organic Liquids Distribution.
FFFF.................  Miscellaneous Organic
                        Chemical Manufacturing (MON).
GGGG.................  Solvent Extraction for                         X
                        Vegetable Oil Production.
HHHH.................  Wet Formed Fiberglass Mat                      X
                        Production.
IIII.................  Auto & Light Duty Truck......
JJJJ.................  Paper and other Web (Surface                   X
                        Coating).
KKKK.................  Surface Coating of Metal Cans
MMMM.................  Miscellaneous Metal Parts and
                        Products Surface Coating.
NNNN.................  Surface Coating of Large                       X
                        Appliances.
OOOO.................  Fabric Printing Coating and
                        Dyeing.
PPPP.................  Surface Coating of Plastic
                        Parts and Products.
QQQQ.................  Surface Coating of Wood
                        Building Products.
RRRR.................  Surface Coating of Metal
                        Furniture.
SSSS.................  Surface Coating for Metal                      X
                        Coil.
TTTT.................  Leather Finishing Operations.                  X
UUUU.................  Cellulose Production                           X
                        Manufacture.
VVVV.................  Boat Manufacturing...........                  X
WWWW.................  Reinforced Plastic Composites
                        Production.
XXXX.................  Tire Manufacturing...........                  X
YYYY.................  Stationary Combustion
                        Turbines.
ZZZZ.................  Reciprocating Internal
                        Combustion Engines.
AAAAA................  Lime Manufacturing...........
BBBBB................  Semiconductor Manufacturing..
CCCCC................  Coke Ovens: Pushing,
                        Quenching and Battery Stacks.
DDDDD................  Industrial, Commercial, and
                        Institutional Boilers and
                        Process Heaters.
EEEEE................  Iron and Steel Foundries.....
FFFFF................  Integrated Iron and Steel....
GGGGG................  Site Remediation.............
HHHHH................  Miscellaneous Coating
                        Manufacturing.
IIIII................  Mercury Cell Chlor-Alkali
                        Plants.
JJJJJ................  Brick and Structural Clay
                        Products Manufacturing.
KKKKK................  Clay Ceramics Manufacturing..
LLLLL................  Asphalt Roofing and
                        Processing.
MMMMM................  Flexible Polyurethane Foam
                        Fabrication Operation.
NNNNN................  Hydrochloric Acid Production,
                        Fumed Silica Production.
PPPPP................  Engine Test Facilities.......
QQQQQ................  Friction Materials                             X
                        Manufacturing.
RRRRR................  Taconite Iron Ore Processing.
SSSSS................  Refractory Products
                        Manufacture.
TTTTT................  Primary Magnesium Refining...
------------------------------------------------------------------------
\1\ Program delegated to Texas Commission on Environmental Quality
  (TCEQ).
\2\ Authorities which may not be delegated include: Sec. 63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring;
  Sec. 63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.

    (ii) Affected sources within Texas shall comply with the Federal 
requirements of 40 CFR part 63--subpart A--General Provisions, adopted 
by reference by the Texas Commission on Environmental Quality (TCEQ), 
with the exception of Sec. 63.5(e)(2)(i), Sec. 63.6(i)(12)(i), Sec. 
63.6(i)(13)(i) and (ii), Sec. 63.8(e)(5)(ii), Sec. 63.9(i)(3), and 
Sec. 63.10(e)(2)(ii). The TCEQ has adopted alternative provisions for 
the cited exceptions above and affected sources in Texas that are 
subject to the requirements of Subpart A shall comply with the 
requirements established at Texas Administrative Code, Title 30, Part 1, 
Chapter 113, Subchapter C, section 113.100.
    (44)-(45) [Reserved]
    (46) Virginia. (i) Virginia is delegated the authority to implement 
and enforce all existing and future unchanged 40 CFR part 63 standards 
at major sources, as defined in 40 CFR part 70, in accordance with the 
delegation agreement between EPA Region III and the Virginia Department 
of Environmental Quality, dated April 20, 1998, and any mutually 
acceptable amendments to that agreement.

[[Page 139]]

    (ii) Virginia is delegated the authority to implement and enforce 
all existing 40 CFR part 63 standards and all future unchanged 40 CFR 
part 63 standards, if delegation is sought by the Virginia Department of 
Environmental Quality and approved by EPA Region III, at affected 
sources which are not located at major sources, as defined in 40 CFR 
part 70, in accordance with the final rule, dated January 8, 2002, 
effective March 11, 2002, and any mutually acceptable amendments to the 
terms described in the direct final rule.
    (iii) EPA has granted the Virginia Department of Environmental 
Quality (DEQ) ``up-front'' approval to implement an Equivalency by 
Permit (EBP) program under which the Virginia DEQ may establish and 
enforce alternative State requirements for International Paper Company's 
Franklin Mill in lieu of those of the National Emissions Standard for 
Hazardous Air Pollutants (NESHAP) for the Pulp and Paper Industry found 
at 40 CFR part 63, subpart S. The Virginia DEQ may only establish 
alternative requirements for the Franklin Mill which are equivalent to 
and at least as stringent as the otherwise applicable Federal 
requirements. The VA DEQ must, in order to establish alternative 
requirements for the Franklin Mill under its EPA approved EBP program: 
(1) Submit to EPA for review pre-draft Clean Air Act (CAA) Title V 
permit terms specifying alternative requirements which are at least as 
stringent as the otherwise applicable Federal requirements, (2) obtain 
EPA's written approval of the alternative pre-draft CAA Title V permit 
requirements, and (3) issue a CAA Title V permit for the Franklin Mill 
which contains the approved alternative requirements. Until EPA has 
approved the alternative permit terms and conditions and the Virginia 
DEQ has issued a final CAA Title V permit incorporating them, 
International Paper Company's Franklin Mill will remain subject to the 
Federal NESHAP requirements found at 40 CFR part 63, subpart S.
    (47) Washington. (i) The following table lists the delegation status 
of specific part 63 Subparts that have been delegated to state and local 
air pollution control agencies in Washington. An ``X'' indicates the 
subpart has been delegated, subject to all the conditions and 
limitations set forth in Federal law, regulations, policy, guidance, and 
determinations. Some authorities cannot be delegated and are retained by 
EPA. These include certain General Provisions authorities and specific 
parts of some standards. The dates noted at the end of this table 
indicate the effective dates of Federal rules that have been delegated. 
Any amendments made to these rules after this effective date are not 
delegated.

                                            Delegation Status for Part 63 Standards--State of Washington \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
  40 CFR Part 63, Subparts \2\       Ecology \3\      BCAA \4\      NWAPA \5\      OAPCA \6\      PSCAA \7\      SCAPCA \8\     SWCAA \9\    YRCAA \10\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions \11\.......  X                 X             X              X              X              X              X             X
D Early Reductions..............  X                 X             X              X              X              X              X             X
F HON-SOCMI.....................  X                 X             X              X              X              X              X             X
G HON-Process Vents.............  X                 X             X              X              X              X              X             X
H HON-Equipment Leaks...........  X                 X             X              X              X              X              X             X
I HON-Negotiated Leaks..........  X                 X             X              X              X              X              X             X
L Coke Oven Batteries...........  X                 X             X              X              X              X              X             X
M Perchloroethylene Dry Cleaning  X\3\              X\4\          X              .............  X \7\          X \8\          X             X \10\
N Chromium Electroplating.......  X                 X             X              X              X              X              X             X
O Ethylene Oxide Sterilizers....  X                 X             X              X              X              X              X             X
Q Industrial Process Cooling      X                 X             X              X              X              X              X             X
 Towers.
R Gasoline Distribution.........  X                 X             X              X              X              X              X             X
S Pulp and Paper \12\...........  X                 ............  \5\            X\6\           X\7\           X\8\           X\9\          X\10\

[[Page 140]]

 
T Halogenated Solvent Cleaning..  X                 X             X              X              X              X              X             X
U Polymers and Resins I.........  X                 X             X              X              X              X              X             X
W Polymers and Resins II-Epoxy..  X                 X             X              X              X              X              X             X
X Secondary Lead Smelting.......  X                 X             X              X              X              X              X             X
Y Marine Tank Vessel Loading....  X                 X             X              .............  X              X              X
AA Phosphoric Acid Manufacturing  X                 X             X              X              X              X              ............  X
 Plants.
BB Phosphate Fertilizers          X                 X             X              X              X              X              ............  X
 Production Plants.
CC Petroleum Refineries.........  X                 X             X              X              X              X              X             X
DD Off-Site Waste and Recovery..  X                 X             X              X              X              X              X             X
EE Magnetic Tape Manufacturing..  X                 X             X              X              X              X              X             X
GG Aerospace Manufacturing &      X                 X             X              X              X              X              X             X
 Rework.
HH Oil and Natural Gas            X                 X             X              X              X              X              ............  X
 Production Facilities.
II Shipbuilding and Ship Repair.  X                 X             X              X              X              X              X             X
JJ Wood Furniture Manufacturing   X                 X             X              X              X              X              X             X
 Operations.
KK Printing and Publishing        X                 X             X              X              X              X              X             X
 Industry.
LL Primary Aluminum \13\........  X
MM Chemical Recovery Combustion   X
 Sources at Kraft, Soda,
 Sulfite, and Stand-Alone
 Semichemical Pulp Mills \14\.
OO Tanks--Level 1...............  X                 X             X              X              X              X              ............  X
PP Containers...................  X                 X             X              X              X              X              ............  X
QQ Surface Impoundments.........  X                 X             X              X              X              X              ............  X
RR Individual Drain Systems.....  X                 X             X              X              X              X              ............  X
SS Closed Vent Systems, Control   X                 X             X              X              X              X              ............  X
 Devices, Recovery Devices and
 Routing to a Fuel Gas System or
 Process.
TT Equipment Leaks--Control       X                 X             X              X              X              X              ............  X
 Level 1.
UU Equipment Leaks--Control       X                 X             X              X              X              X              ............  X
 Level 2.
VV Oil-Water Separators and       X                 X             X              X              X              X              ............  X
 Organic-Water Separators.
WW Storage Vessels (Tanks)--      X                 X             X              .............  X              X
 Control Level 2.
YY Source Categories: Generic     X                 X             X              .............  X              X
 MACT.

[[Page 141]]

 
CCC Steel Pickling--HCl Process   X                 X             X              .............  X              X
 Facilities and Hydrochloric
 Acid Regeneration Plants.
DDD Mineral Wool Production.....  X                 X             X              .............  X              X
EEE Hazardous Waste Combustors..  X                 X             X              .............  X              X
GGG Pharmaceuticals Production..  X                 X             X              .............  X              X
HHH Natural Gas Transmission and  X                 X             X              .............  X              X
 Storage Facilities.
III Flexible Polyurethane Foam    X                 X             X              .............  X              X              ............  X
 Production.
JJJ Polymers and Resins IV......  X                 X             X              .............  X              X              X
LLL Portland Cement               X                 X             X              .............  X              X
 Manufacturing.
MMM Pesticide Active Ingredient   X                 X             X              .............  X              X
 Production.
NNN Wool Fiberglass               X                 X             X              .............  X              X
 Manufacturing.
OOO Manufacture of Amino          X                 X             X              .............  X              X
 Phenolic Resins.
PPP Polyether Polyols Production  X                 X             X              .............  X              X
RRR Secondary Aluminum            X                 X             .............  .............  X              X
 Production.
TTT Primary Lead Smelting.......  X                 X             X              .............  X              X
VVV Publicly Owned Treatment      X                 X             X              .............  X              X
 Works.
XXX Ferroalloys Production:       X                 X             X              .............  X              X
 Ferromanganese &
 Silicomanganese.
CCCC Manufacture of Nutritional   ................  ............  .............  .............  X
 Yeast.
GGGG Extraction of Vegetable Oil  ................  ............  .............  .............  X
VVVV Boat Manufacturing.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table last updated on April 15, 2002. See 40 CFR 61.04(b)(WW) for agency addresses.
\2\ Any authority within any subpart of this part that is identified as not delegatable, is not delegated.
\3\ Washington State Department of Ecology (03/13/2001 for MM, 02/20/2001 for all others). Note: delegation of subpart M applies only to those sources
  required to obtain an operating permit under Title V of the Clean Air Act.
\4\ Benton Clean Air Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title
  V of the Clean Air Act.
\5\ Northwest Air Pollution Control Agency (07/01/2000). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft
  and Sulfite Pulping Mills (see footnote 12).
\6\ Olympic Air Pollution Control Agency (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
  permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
  Mills (see footnote 12).
\7\ Puget Sound Clean Air Agency (07/01/2001). Note: delegation of subpart S applies to all applicable facilities and processes exept Kraft and Sulfite
  Pulping Mills (see footnote 12). For information about delegation of subpart M, see paragraph (a)(47)(ii) of this section.
\8\ Spokane County Air Pollution Control Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an
  operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and
  Sulfite Pulping Mills (see footnote 12).
\9\ Southwest Clean Air Agency (08/01/1998). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite
  Pulping Mills (see footnote 12).
\10\ Yakima Regional Clean Air Authority (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
  permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
  Mills (see footnote 12).
\11\ General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to
  monitoring, and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For
  definitions of minor, intermediate, and major alternatives to test methods and monitoring, see Sec. 63.90.

[[Page 142]]

 
\12\ Subpart S of this part as it pertains to Kraft and Sulfite Pulping Mills cannot be delegated to any local agencies in Washington. The Washington
  State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-
  405-012 and 173-410-012.
\13\ Subpart LL of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
  authority to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.
\14\ Subpart MM of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
  authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

    (ii) Affected area sources within Puget Sound Clean Air's 
jurisdiction must comply with Puget Sound Clean Air's Regulation III, 
sections 3.03, Perchloroethylene Dry Cleaners, (incorporated by 
reference as specified in 40 CFR 63.14) as follows:
    (A) The material incorporated in Puget Sound Clean Air's Regulation 
III, section 3.03, Perchloroethylene Dry Cleaners, pertains to the 
perchloroethylene dry cleaning source category in the Puget Sound Clean 
Air jurisdiction, and has been approved under the procedures in 40 CFR 
63.93 to be implemented and enforced in place of the federal NESHAPs for 
Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M), 
for area sources, as defined in 40 CFR 63.320(h).
    (1) Authorities not delegated.
    (i) Puget Sound Clean Air is not delegated the authority to 
implement and enforce Puget Sound Clean Air Regulation III, sections 
3.03 in lieu of those provisions of Subpart M which applies to major 
sources, as defined in 40 CFR 63.320(g). Dry cleaning facilities which 
are major sources remain subject to subpart M.
    (ii) Puget Sound Clean Air is not delegated the authority of 40 CFR 
63.325 to determine equivalency of emissions control technologies. Any 
source seeking permission to use an alternative means of emission 
limitation under Puget Sound Clean Air Regulation I, section 3.23 must 
also receive approval from the Administrator before using such 
alternative means of emission limitation for the purpose of complying 
with section 112.
    (B) [Reserved]

    Note to paragraph (a)(47): Dates in parenthesis indicate the 
effective date of the federal rules that have been adopted by and 
delegated to the state or local air pollution control agency. Therefore, 
any amendments made to these delegated rules after this effective date 
are not delegated to the agency.

    (48) West Virginia. (i) West Virginia is delegated the authority to 
implement and enforce all existing and future unchanged 40 CFR part 63 
standards at major sources, as defined in 40 CFR part 70, in accordance 
with the delegation agreement between EPA Region III and the West 
Virginia Department of Environmental Protection, dated March 19, 2001, 
and any mutually acceptable amendments to that agreement.
    (ii) West Virginia is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards, if delegation is sought by the West Virginia 
Department of Environmental Protection and approved by EPA Region III, 
at affected sources which are not located at major sources, as defined 
in 40 CFR part 70, in accordance with the final rule, dated April 2, 
2002, effective June 3, 2002, and any mutually acceptable amendments to 
the terms described in the direct final rule.

[61 FR 25399, May 21, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
63.99, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 69 FR 31744. June 7, 2004, Sec. 63.99 was 
amended by revising paragraph (a)(28)(i) effective August 6, 2004. For 
the convenience of the user, the revised text is set forth below:

Sec. 63.99  Delegated Federal authorities.

    (a) * * *
    (28) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the air pollution control agencies in 
the State of Nevada. The (X) symbol is used to indicate each category 
that has been delegated.

[[Page 143]]



                                 Delegation Status for Part 63 Standards--Nevada
----------------------------------------------------------------------------------------------------------------
           Subpart                       Description                NDEP \1\        WCAQMD \2\      CCDAQM \3\
----------------------------------------------------------------------------------------------------------------
A...........................  General Provisions..............               X                X
F...........................  Synthetic Organic Chemical                     X
                               Manufacturing Industry.
G...........................  Synthetic Organic Chemical                     X
                               Manufacturing Industry: Process
                               Vents, Storage Vessels,
                               Transfer Operations, and
                               Wastewater.
H...........................  Organic Hazardous Air                          X
                               Pollutants: Equipment Leaks.
I...........................  Organic Hazardous Air                          X
                               Pollutants: Certain Processes
                               Subject to the Negotiated
                               Regulation for Equipment Leaks.
L...........................  Coke Oven Batteries.............               X
M...........................  Perchloroethylene Dry Cleaning..               X                X
N...........................  Hard and Decorative Chromium                   X                X
                               Electroplating and Chromium
                               Anodizing Tanks.
O...........................  Ethylene Oxide Sterilization                   X                X
                               Facilities.
Q...........................  Industrial Process Cooling                     X
                               Towers.
R...........................  Gasoline Distribution Facilities               X                X
S...........................  Pulp and Paper..................               X
T...........................  Halogenated Solvent Cleaning....               X                X
U...........................  Group I Polymers and Resins.....               X
W...........................  Epoxy Resins Production and Non-               X
                               Nylon Polyamides Production.
X...........................  Secondary Lead Smelting.........               X
Y...........................  Marine Tank Vessel Loading                     X
                               Operations.
AA..........................  Phosphoric Acid Manufacturing                  X
                               Plants.
BB..........................  Phosphate Fertilizers Production               X
                               Plants.
CC..........................  Petroleum Refineries............               X
DD..........................  Off-Site Waste and Recovery                    X
                               Operations.
EE..........................  Magnetic Tape Manufacturing                    X
                               Operations.
GG..........................  Aerospace Manufacturing and                    X
                               Rework Facilities.
HH..........................  Oil and Natural Gas Production                 X
                               Facilities.
II..........................  Shipbuilding and Ship Repair                   X
                               (Surface Coating).
JJ..........................  Wood Furniture Manufacturing                   X
                               Operations.
KK..........................  Printing and Publishing Industry               X                X
LL..........................  Primary Aluminum Reduction                     X
                               Plants.
OO..........................  Tanks--Level 1..................               X
PP..........................  Containers......................               X
QQ..........................  Surface Impoundments............               X
RR..........................  Individual Drain Systems........               X
SS..........................  Closed Vent Systems, Control                   X
                               Devices, Recovery Devices and
                               Routing to a Fuel Gas System or
                               a Process.
TT..........................  Equipment Leaks--Control Level 1               X
UU..........................  Equipment Leaks--Control Level 2               X
VV..........................  Oil-Water Separators and Organic-              X
                               Water Separators.
WW..........................  Storage Vessels (Tanks)--Control               X
                               Level 2.
YY..........................  Generic MACT Standards..........               X
CCC.........................  Steel Pickling..................               X
DDD.........................  Mineral Wool Production.........               X
EEE.........................  Hazardous Waste Combustors......               X
GGG.........................  Pharmaceuticals Production......               X
HHH.........................  Natural Gas Transmission and                   X
                               Storage Facilities.
III.........................  Flexible Polyurethane Foam                     X
                               Production.
JJJ.........................  Group IV Polymers and Resins....               X
LLL.........................  Portland Cement Manufacturing                  X
                               Industry.
MMM.........................  Pesticide Active Ingredient                    X
                               Production.
NNN.........................  Wool Fiberglass Manufacturing...               X
OOO.........................  Manufacture of Amino/Phenolic                  X
                               Resins.
----------------------------------------------------------------------------------------------------------------
\1\ Nevada Division of Environmental Protection.
\2\ Washoe County Air Quality Management Division.
\3\ Clark County Department of Air Quality Management.


[[Page 144]]

                                * * * * *



    Subpart F_National Emission Standards for Organic Hazardous Air 
  Pollutants From the Synthetic Organic Chemical Manufacturing Industry

    Source: 59 FR 19454, Apr. 22, 1994, unless otherwise noted.



Sec. 63.100  Applicability and designation of source.

    (a) This subpart provides applicability provisions, definitions, and 
other general provisions that are applicable to subparts G and H of this 
part.
    (b) Except as provided in paragraphs (b)(4) and (c) of this section, 
the provisions of subparts F, G, and H of this part apply to chemical 
manufacturing process units that meet all the criteria specified in 
paragraphs (b)(1), (b)(2), and (b)(3) of this section:
    (1) Manufacture as a primary product one or more of the chemicals 
listed in paragraphs (b)(1)(i) or (b)(1)(ii) of this section.
    (i) One or more of the chemicals listed in table 1 of this subpart; 
or
    (ii) One or more of the chemicals listed in paragraphs (b)(1)(ii)(A) 
or (b)(1)(ii)(B) of this section:
    (A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
    (B) Crotonaldehyde (CAS Number 123-73-9).
    (2) Use as a reactant or manufacture as a product, or co-product, 
one or more of the organic hazardous air pollutants listed in table 2 of 
this subpart;
    (3) Are located at a plant site that is a major source as defined in 
section 112(a) of the Act.
    (4) The owner or operator of a chemical manufacturing processing 
unit is exempt from all requirements of subparts F, G, and H of this 
part until not later than April 22, 1997 if the owner or operator 
certifies, in a notification to the appropriate EPA Regional Office, not 
later than May 14, 1996, that the plant site at which the chemical 
manufacturing processing unit is located emits, and will continue to 
emit, during any 12-month period, less than 10 tons per year of any 
individual hazardous air pollutants (HAP), and less than 25 tons per 
year of any combination of HAP.
    (i) If such a determination is based on limitations and conditions 
that are not federally enforceable (as defined in subpart A of this 
part), the owner or operator shall document the basis for the 
determination as specified in paragraphs (b)(4)(i)(A) through 
(b)(4)(i)(C) and comply with the recordkeeping requirement in 63.103(f).
    (A) The owner or operator shall identify all HAP emission points at 
the plant site, including those emission points subject to and emission 
points not subject to subparts F, G, and H;
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum expected 
operating conditions at the plant site. Examples of estimating 
procedures that are considered acceptable include the calculation 
procedures in Sec. 63.150 of subpart G, the early reduction 
demonstration procedures specified in Sec. Sec. 63.74 (c)(2), (c)(3), 
(d)(2), (d)(3), and (g), or accepted engineering practices. If the total 
annual HAP emissions for the plant site are annually reported under 
Emergency Planning and Community Right-to-Know Act (EPCRA) section 313, 
then such reported annual emissions may be used to satisfy the 
requirements of Sec. 63.100(b)(4)(i)(B).
    (C) The owner or operator shall sum the amount of annual HAP 
emissions from all emission points on the plant site. If the total 
emissions of any one HAP are less than 10 tons per year and the total 
emissions of any combination of HAP are less than 25 tons per year, the 
plant site qualifies for the exemption described in paragraph (b)(4) of 
this section, provided that emissions are kept below these thresholds.
    (ii) If such a determination is based on limitations and conditions 
that are federally enforceable (as defined in subpart A of this part), 
the owner or operator is not subject to the provisions of paragraph 
(b)(4) of this section.
    (c) The owner or operator of a chemical manufacturing process unit 
that meets the criteria specified in paragraphs (b)(1) and (b)(3) of 
this section

[[Page 145]]

but does not use as a reactant or manufacture as a product or co-
product, any organic hazardous air pollutant listed in table 2 of this 
subpart shall comply only with the requirements of Sec. 63.103(e) of 
this subpart. To comply with this subpart, such chemical manufacturing 
process units shall not be required to comply with the provisions of 
subpart A of this part.
    (d) The primary product of a chemical manufacturing process unit 
shall be determined according to the procedures specified in paragraphs 
(d)(1), (d)(2), (d)(3), and (d)(4) of this section.
    (1) If a chemical manufacturing process unit produces more than one 
intended chemical product, the product with the greatest annual design 
capacity on a mass basis determines the primary product of the process.
    (2) If a chemical manufacturing process unit has two or more 
products that have the same maximum annual design capacity on a mass 
basis and if one of those chemicals is listed in table 1 of this 
subpart, then the listed chemical is considered the primary product and 
the chemical manufacturing process unit is subject to this subpart. If 
more than one of the products is listed in table 1 of this subpart, then 
the owner or operator may designate as the primary product any of the 
listed chemicals and the chemical manufacturing process unit is subject 
to this subpart.
    (3) For chemical manufacturing process units that are designed and 
operated as flexible operation units producing one or more chemicals 
listed in table 1 of this subpart, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following April 22, 1994 and for new sources based on the 
expected utilization for the first five years after initial start-up.
    (i) If the predominant use of the flexible operation unit, as 
described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section, 
is to produce one or more chemicals listed in table 1 of this subpart, 
then the flexible operation unit shall be subject to the provisions of 
subparts F, G, and H of this part.
    (A) If the flexible operation unit produces one product for the 
greatest annual operating time, then that product shall represent the 
primary product of the flexible operation unit.
    (B) If the flexible operation unit produces multiple chemicals 
equally based on operating time, then the product with the greatest 
annual production on a mass basis shall represent the primary product of 
the flexible operation unit.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (4) Notwithstanding the provisions of paragraph (d)(3) of this 
section, for chemical manufacturing process units that are designed and 
operated as flexible operation units producing a chemical listed in 
paragraph (b)(1)(ii) of this section, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following May 12, 1998 and for new sources based on the 
expected utilization for the first five years after initial start-up.
    (i) The predominant use of the flexible operation unit shall be 
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this 
section. If the predominant use is to produce one of the chemicals 
listed in paragraph (b)(1)(ii) of this section, then the flexible 
operation unit shall be subject to the provisions of this subpart and 
subparts G and H of this part.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (e) The source to which this subpart applies is the collection of 
all chemical manufacturing process units and the associated equipment at 
a major source that meet the criteria specified in paragraphs (b)(1) 
through (3) of this section. The source includes the process vents; 
storage vessels; transfer racks; waste management units; maintenance 
wastewater; heat exchange systems; equipment identified in

[[Page 146]]

Sec. 63.149; and pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, instrumentation systems, surge control vessels, and 
bottoms receivers that are associated with that collection of chemical 
manufacturing process units. The source also includes equipment required 
by, or utilized as a method of compliance with, subparts F, G, or H of 
this part which may include control devices and recovery devices.
    (1) This subpart applies to maintenance wastewater and heat exchange 
systems within a source that is subject to this subpart.
    (2) This subpart F and subpart G of this part apply to process 
vents, storage vessels, transfer racks, equipment identified in Sec. 
63.149 of subpart G of this part, and wastewater streams and associated 
treatment residuals within a source that is subject to this subpart.
    (3) This subpart F and subpart H of this part apply to pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, instrumentation 
systems, surge control vessels, and bottoms receivers within a source 
that is subject to this subpart. If specific items of equipment, 
comprising part of a chemical manufacturing process unit subject to this 
subpart, are managed by different administrative organizations (e.g., 
different companies, affiliates, departments, divisions, etc.), those 
items of equipment may be aggregated with any chemical manufacturing 
process unit within the source for all purposes under subpart H of this 
part, providing there is no delay in the applicable compliance date in 
Sec. 63.100(k).
    (f) The source includes the emission points listed in paragraphs 
(f)(1) through (f)(11) of this section, but those emission points are 
not subject to the requirements of this subpart F and subparts G and H 
of this part. This subpart does not require emission points that are 
listed in paragraphs (f)(1) through (f)(11) of this section to comply 
with the provisions of subpart A of this part.
    (1) Equipment that is located within a chemical manufacturing 
process unit that is subject to this subpart but the equipment does not 
contain organic hazardous air pollutants.
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (9) Loading racks, loading arms, or loading hoses that only transfer 
liquids containing organic hazardous air pollutants as impurities;
    (10) Loading racks, loading arms, or loading hoses that vapor 
balance during all loading operations; and
    (11) Equipment that is intended to operate in organic hazardous air 
pollutant service, as defined in Sec. 63.161 of subpart H of this part, 
for less than 300 hours during the calendar year.
    (g) The owner or operator shall follow the procedures specified in 
paragraphs (g)(1) through (g)(4) of this section to determine whether a 
storage vessel is part of the source to which this subpart applies.
    (1) Where a storage vessel is dedicated to a chemical manufacturing 
process unit, the storage vessel shall be considered part of that 
chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the storage vessel is part of the source to which this 
subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the storage vessel is not part of the source to which 
this subpart applies.
    (2) If a storage vessel is not dedicated to a single chemical 
manufacturing process unit, then the applicability of this subpart F and 
subpart G of this part shall be determined according to the provisions 
in paragraphs (g)(2)(i) through (g)(2)(iii) of this section.
    (i) If a storage vessel is shared among chemical manufacturing 
process units

[[Page 147]]

and one of the process units has the predominant use, as determined by 
paragraph (g)(2)(i)(A) and (g)(2)(i)(B) of this section, then the 
storage vessel is part of that chemical manufacturing process unit.
    (A) If the greatest input into the storage vessel is from a chemical 
manufacturing process unit that is located on the same plant site, then 
that chemical manufacturing process unit has the predominant use.
    (B) If the greatest input into the storage vessel is provided from a 
chemical manufacturing process unit that is not located on the same 
plant site, then the predominant use is the chemical manufacturing 
process unit on the same plant site that receives the greatest amount of 
material from the storage vessel.
    (ii) If a storage vessel is shared among chemical manufacturing 
process units so that there is no single predominant use, and at least 
one of those chemical manufacturing process units is subject to this 
subpart, the storage vessel shall be considered to be part of the 
chemical manufacturing process unit that is subject to this subpart. If 
more than one chemical manufacturing process unit is subject to this 
subpart, the owner or operator may assign the storage vessel to any of 
the chemical manufacturing process units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year to 
year, then the applicability of this subpart shall be determined 
according to the criteria in paragraphs (g)(2)(iii)(A) and 
(g)(2)(iii)(B) of this section, as applicable. This determination shall 
be reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
12-month period preceding May 12, 1998.
    (iv) If there is a change in the material stored in the storage 
vessel, the owner or operator shall reevaluate the applicability of this 
subpart to the vessel.
    (3) Where a storage vessel is located at a major source that 
includes one or more chemical manufacturing process units which place 
material into, or receive materials from the storage vessel, but the 
storage vessel is located in a tank farm (including a marine tank farm), 
the applicability of this subpart F and subpart G of this part shall be 
determined according to the provisions in paragraphs (g)(3)(i) through 
(g)(3)(iv) of this section.
    (i) The storage vessel may only be assigned to a chemical 
manufacturing process unit that utilizes the storage vessel and does not 
have an intervening storage vessel for that product (or raw material, as 
appropriate). With respect to any chemical manufacturing process unit, 
an intervening storage vessel means a storage vessel connected by hard-
piping to the chemical manufacturing process unit and to the storage 
vessel in the tank farm so that product or raw material entering or 
leaving the chemical manufacturing process unit flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) the 
storage vessel in the tank farm.
    (ii) If there is no chemical manufacturing process unit at the major 
source that meets the criteria of paragraph (g)(3)(i) of this section 
with respect to a storage vessel, this subpart F and subpart G of this 
part do not apply to the storage vessel.
    (iii) If there is only one chemical manufacturing process unit at 
the major source that meets the criteria of paragraph (g)(3)(i) of this 
section with respect to a storage vessel, the storage vessel shall be 
assigned to that chemical manufacturing process unit. Applicability of 
this subpart F and subpart G to this part to the storage vessel shall 
then be determined according to the provisions of paragraph (b) of this 
section.

[[Page 148]]

    (iv) If there are two or more chemical manufacturing process units 
at the major source that meet the criteria of paragraph (g)(3)(i) of 
this section with respect to a storage vessel, the storage vessel shall 
be assigned to one of those chemical manufacturing process units 
according to the provisions of paragraph (g)(2) of this section. The 
predominant use shall be determined among only those chemical 
manufacturing process units that meet the criteria of paragraph 
(g)(3)(i) of this section. Applicability of this subpart F and subpart G 
of this part to the storage vessel shall then be determined according to 
the provisions of paragraph (b) of this section.
    (4) If the storage vessel begins receiving material from (or sending 
material to) another chemical manufacturing process unit, or ceases to 
receive material from (or send material to) a chemical manufacturing 
process unit, or if the applicability of this subpart F and subpart G of 
this part to a storage vessel has been determined according to the 
provisions of paragraphs (g)(2)(i) and (g)(2)(ii) of this section and 
there is a change so that the predominant use may reasonably have 
changed, the owner or operator shall reevaluate the applicability of 
this subpart to the storage vessel.
    (h) The owner or operator shall follow the procedures specified in 
paragraphs (h)(1) and (h)(2) of this section to determine whether the 
arms and hoses in a loading rack are part of the source to which this 
subpart applies.
    (1) Where a loading rack is dedicated to a chemical manufacturing 
process unit, the loading rack shall be considered part of that specific 
chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section and the loading rack does not meet the criteria specified in 
paragraphs (f)(9) and (f)(10) of this section, then the loading rack is 
considered a transfer rack (as defined in Sec. 63.101 of this subpart) 
and is part of the source to which this subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the loading rack is not considered a transfer rack 
(as defined in Sec. 63.101 of this subpart) and is not a part of the 
source to which this subpart applies.
    (2) If a loading rack is shared among chemical manufacturing process 
units, then the applicability of this subpart F and subpart G of this 
part shall be determined at each loading arm or loading hose according 
to the provisions in paragraphs (h)(2)(i) through (h)(2)(iv) of this 
section.
    (i) Each loading arm or loading hose that is dedicated to the 
transfer of liquid organic hazardous air pollutants listed in table 2 of 
this subpart from a chemical manufacturing process unit to which this 
subpart applies is part of that chemical manufacturing process unit and 
is part of the source to which this subpart applies unless the loading 
arm or loading hose meets the criteria specified in paragraphs (f)(9) or 
(f)(10) of this section.
    (ii) If a loading arm or loading hose is shared among chemical 
manufacturing process units, and one of the chemical manufacturing 
process units provides the greatest amount of the material that is 
loaded by the loading arm or loading hose, then the loading arm or 
loading hose is part of that chemical manufacturing process unit.
    (A) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the loading arm or loading hose is part of the source to 
which this subpart applies unless the loading arm or loading hose meets 
the criteria specified in paragraphs (f)(9) or (f)(10) of this section.
    (B) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the loading arm or loading hose is not part of the 
source to which this subpart applies.
    (iii) If a loading arm or loading hose is shared among chemical 
manufacturing process units so that there is no single predominant use 
as described in paragraph (h)(2)(ii) of this section and at least one of 
those chemical manufacturing process units is subject to this subpart, 
then the loading arm or

[[Page 149]]

hose is part of the chemical manufacturing process unit that is subject 
to this subpart. If more than one of the chemical manufacturing process 
units is subject to this subpart, the owner or operator may assign the 
loading arm or loading hose to any of the chemical manufacturing process 
units subject to this subpart.
    (iv) If the predominant use of a loading arm or loading hose varies 
from year to year, then the applicability of this subpart shall be 
determined according to the criteria in paragraphs (h)(2)(iv)(A) and 
(h)(2)(iv)(B) of this section, as applicable. This determination shall 
be reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding May 12, 1998.
    (3) If a loading rack that was dedicated to a single chemical 
manufacturing process unit begins to serve another chemical 
manufacturing process unit, or if applicability was determined under the 
provisions of paragraphs (h)(2)(i) through (h)(2)(iii) of this section 
and there is a change so that the predominant use may reasonably have 
changed, the owner or operator shall reevaluate the applicability of 
this subpart to the loading rack, loading arm, or loading hose.
    (i) Except as provided in paragraph (i)(4) of this section, the 
owner or operator shall follow the procedures specified in paragraphs 
(i)(1) through (i)(3) and (i)(5) of this section to determine whether 
the vent(s) from a distillation unit is part of the source to which this 
subpart applies.
    (1) Where a distillation unit is dedicated to a chemical 
manufacturing process unit, the distillation column shall be considered 
part of that chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the distillation unit is part of the source to which this 
subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the distillation unit is not part of the source to 
which this subpart applies.
    (2) If a distillation unit is not dedicated to a single chemical 
manufacturing process unit, then the applicability of this subpart and 
subpart G of this part shall be determined according to the provisions 
in paragraphs (i)(2)(i) through (i)(2)(iv) of this section.
    (i) If the greatest input to the distillation unit is from a 
chemical manufacturing process unit located on the same plant site, then 
the distillation unit shall be assigned to that chemical manufacturing 
process unit.
    (ii) If the greatest input to the distillation unit is provided from 
a chemical manufacturing process unit that is not located on the same 
plant site, then the distillation unit shall be assigned to the chemical 
manufacturing process unit located at the same plant site that receives 
the greatest amount of material from the distillation unit.
    (iii) If a distillation unit is shared among chemical manufacturing 
process units so that there is no single predominant use as described in 
paragraphs (i)(2)(i) and (i)(2)(ii) of this section, and at least one of 
those chemical manufacturing process units is subject to this subpart, 
the distillation unit shall be assigned to the chemical manufacturing 
process unit that is subject to this subpart. If more than one chemical 
manufacturing process unit is subject to this subpart, the owner or 
operator may assign the distillation unit to any of the chemical 
manufacturing process units subject to this subpart.
    (iv) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
according to the

[[Page 150]]

criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B), as applicable. 
This determination shall be included as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding May 12, 1998.
    (3) If the chemical manufacturing process unit to which the 
distillation unit is assigned is subject to this subpart, then each vent 
from the individual distillation unit shall be considered separately to 
determine whether it is a process vent (as defined in Sec. 63.101 of 
this subpart). Each vent that is a process vent is part of the source to 
which this subpart applies.
    (4) If the distillation unit is part of one of the chemical 
manufacturing process units listed in paragraphs (i)(4)(i) through 
(i)(4)(iii) of this section, then each vent from the individual 
distillation unit shall be considered separately to determine whether it 
is a process vent (as defined in Sec. 63.101 of this subpart). Each 
vent that is a process vent is part of the source to which this subpart 
applies:
    (i) The Aromex unit that produces benzene, toluene, and xylene;
    (ii) The unit that produces hexane; or
    (iii) The unit that produces cyclohexane.
    (5) If a distillation unit that was dedicated to a single chemical 
manufacturing process unit, or that was part of a chemical manufacturing 
unit identified in paragraphs (i)(4)(i) through (i)(4)(iii) of this 
section, begins to serve another chemical manufacturing process unit, or 
if applicability was determined under the provisions of paragraphs 
(i)(2)(i) through (i)(2)(iii) of this section and there is a change so 
that the predominant use may reasonably have changed, the owner or 
operator shall reevaluate the applicability of this subpart to the 
distillation unit.
    (j) The provisions of subparts F, G, and H of this part do not apply 
to the processes specified in paragraphs (j)(1) through (j)(6) of this 
section. Subparts F, G, and H do not require processes specified in 
paragraphs (j)(1) through (j)(6) to comply with the provisions of 
subpart A of this part.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a chemical 
manufacturing process unit that is subject to the provisions of subparts 
F, G, or H of this part.
    (2) Petroleum refining process units, regardless of whether the 
units supply feedstocks that include chemicals listed in table 1 of this 
subpart to chemical manufacturing process units that are subject to the 
provisions of subparts F, G, or H of this part.
    (3) Ethylene process units, regardless of whether the units supply 
feedstocks that include chemicals listed in table 1 of this subpart to 
chemical manufacturing process units that are subject to the provisions 
of subpart F, G, or H of this part.
    (4) Batch process vents within a chemical manufacturing process 
unit.
    (5) Chemical manufacturing process units that are located in coke 
by-product recovery plants.
    (6) Solvent reclamation, recovery, or recycling operations at 
hazardous waste TSDF facilities requiring a permit under 40 CFR part 270 
that are separate entities and not part of a SOCMI chemical 
manufacturing process unit.
    (k) Except as provided in paragraphs (l), (m), and (p) of this 
section, sources subject to subparts F, G, or H of this part are 
required to achieve compliance on or before the dates specified in 
paragraphs (k)(1) through (k)(8) of this section.
    (1)(i) New sources that commence construction or reconstruction 
after December 31, 1992, but before August 27, 1996 shall be in 
compliance with this subpart F, subparts G and H of this part upon 
initial start-up or by April 22, 1994, whichever is later, as provided 
in Sec. 63.6(b) of subpart A of this part, and

[[Page 151]]

further, where start-up occurs before January 17, 1997 shall also be in 
compliance with this subpart F and subparts G and H of this part (as 
amended on January 17, 1997) by January 17, 1997, except that, with 
respect to all new sources that commenced construction or reconstruction 
after December 31, 1992, and before August 27, 1996:
    (A) Heat exchange systems and maintenance wastewater, that are part 
of a new source on which construction or reconstruction commenced after 
December 31, 1992, but before August 27, 1996, shall be in compliance 
with this subpart F no later than initial start-up or 180 days after 
January 17, 1997, whichever is later;
    (B) Process wastewater streams and equipment subject to Sec. 
63.149, that are part of a new source on which construction or 
reconstruction commenced after December 31, 1992, but before August 27, 
1996, shall be in compliance with this subpart F and subpart G of this 
part no later than initial start-up or 180 days after January 17, 1997, 
whichever is later; and
    (ii) New sources that commence construction after August 26, 1996 
shall be in compliance with this subpart F, subparts G and H of this 
part upon initial start-up or by January 17, 1997, whichever is later.
    (2) Existing sources shall be in compliance with this subpart F and 
subpart G of this part no later than the dates specified in paragraphs 
(k)(2)(i) and (k)(2)(ii) of this section, unless an extension has been 
granted by the Administrator as provided in Sec. 63.151(a)(6) of 
subpart G of this part or granted by the permitting authority as 
provided in Sec. 63.6(i) of subpart A of this part.
    (i) Process vents, storage vessels, and transfer racks at an 
existing source shall be in compliance with the applicable sections of 
this subpart and subpart G of this part no later than April 22, 1997.
    (ii) Heat exchange systems and maintenance wastewater shall be in 
compliance with the applicable sections of this subpart, and equipment 
subject to Sec. 63.149 and process wastewater streams shall be in 
compliance with the applicable sections of this subpart and subpart G of 
this part no later than April 22, 1999, except as provided in paragraphs 
(k)(2)(ii)(A) and (k)(2)(ii)(B) of this section.
    (A) If a process wastewater stream or equipment subject to Sec. 
63.149 is subject to the control requirements of subpart G of this part 
due to the contribution of nitrobenzene to the total annual average 
concentration (as determined according to the procedures in Sec. 
63.144(b) of subpart G of this part), the wastewater stream shall be in 
compliance no later than January 18, 2000.
    (B) If a process wastewater stream is used to generate credits in an 
emissions average in accordance with Sec. 63.150 of subpart G of this 
part, the process wastewater stream shall be in compliance with the 
applicable sections of subpart G of this part no later than April 22, 
1997.
    (3) Existing sources shall be in compliance with subpart H of this 
part no later than the dates specified in paragraphs (k)(3)(i) through 
(k)(3)(v) of this section, except as provided for in paragraphs (k)(4) 
through (k)(8) of this section, unless an extension has been granted by 
the Administrator as provided in Sec. 63.182(a)(6) of this part or 
granted by the permitting authority as provided in Sec. 63.6(i) of 
subpart A of this part. The group designation for each process unit is 
indicated in table 1 of this subpart.
    (i) Group I: October 24, 1994.
    (ii) Group II: January 23, 1995.
    (iii) Group III: April 24, 1995.
    (iv) Group IV: July 24, 1995.
    (v) Group V: October 23, 1995.
    (4) Existing chemical manufacturing process units in Groups I and II 
as identified in table 1 of this subpart shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than May 10, 1995, 
for any compressor meeting one or more of the criteria in paragraphs 
(k)(4)(i) through (k)(4)(iv) of this section, if the work can be 
accomplished without a process unit shutdown, as defined in Sec. 63.161 
in subpart H.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system; or

[[Page 152]]

    (iv) The compressor must be modified to permit connecting the 
compressor to a closed vent system.
    (5) Existing chemical manufacturing process units shall be in 
compliance with the requirements of Sec. 63.164 in subpart H no later 
than 1 year after the applicable compliance date specified in paragraph 
(k)(3) of this section, for any compressor meeting the criteria in 
paragraphs (k)(5)(i) through (k)(5)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (k)(4) (i) through (iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown as 
defined in Sec. 63.161 of subpart H;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; and
    (iv) The owner or operator submits a request to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13 of subpart A of 
this part no later than 45 days before the applicable compliance date in 
paragraph (k)(3) of this section, but in no event earlier than May 10, 
1995. The request shall include the information specified in paragraphs 
(k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless the EPA 
Regional Office objects to the request within 30 days after receipt, the 
request shall be deemed approved.
    (A) The name and address of the owner or operator and the address of 
the existing source if it differs from the address of the owner or 
operator;
    (B) The name, address, and telephone number of a contact person for 
further information;
    (C) An identification of the chemical manufacturing process unit, 
and of the specific equipment for which additional compliance time is 
required;
    (D) The reason compliance can not reasonably be achieved by the 
applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of 
this section; and
    (E) The date by which the owner or operator expects to achieve 
compliance.
    (6)(i) If compliance with the compressor provisions of Sec. 63.164 
of subpart H of this part can not reasonably be achieved without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H, the 
owner or operator shall achieve compliance no later than April 22, 1996, 
except as provided for in paragraph (k)(6)(ii) of this section. The 
owner or operator who elects to use this provision shall comply with the 
requirements of Sec. 63.103(g) of this subpart.
    (ii) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H of this part can not be achieved without replacing the 
compressor or recasting the distance piece, the owner or operator shall 
achieve compliance no later than April 22, 1997. The owner or operator 
who elects to use this provision shall also comply with the requirements 
of Sec. 63.103(g) of this subpart.
    (7) Existing sources shall be in compliance with the provisions of 
Sec. 63.170 of subpart H no later than April 22, 1997.
    (8) If an owner or operator of a chemical manufacturing process unit 
subject to the provisions of subparts F, G, and H of part 63 plans to 
implement pollution prevention measures to eliminate the use or 
production of HAP listed in table 2 of this subpart by October 23, 1995, 
the provisions of subpart H do not apply regardless of the compliance 
dates specified in paragraph (k)(3) of this section. The owner or 
operator who elects to use this provision shall comply with the 
requirements of Sec. 63.103(h) of this subpart.
    (9) All terms in this subpart F or subpart G of this part that 
define a period of time for completion of required tasks (e.g., weekly, 
monthly, quarterly, annual), unless specified otherwise in the section 
or subsection that imposes the requirement, refer to the standard 
calendar periods.
    (i) Notwithstanding time periods specified in this subpart F or 
subpart G of this part for completion of required tasks, such time 
periods may be changed by mutual agreement between the owner or operator 
and the Administrator, as specified in subpart A of this part (e.g., a 
period could begin on the compliance date or another date, rather than 
on the first day of the standard calendar period). For each time period 
that is changed by agreement, the revised period shall remain in effect 
until it is changed. A new request is not necessary for each recurring 
period.

[[Page 153]]

    (ii) Where the period specified for compliance is a standard 
calendar period, if the initial compliance date occurs after the 
beginning of the period, compliance shall be required according to the 
schedule specified in paragraphs (k)(9)(ii)(A) or (k)(9)(ii)(B) of this 
section, as appropriate.
    (A) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (B) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (iii) In all instances where a provision of this subpart F or 
subpart G of this part requires completion of a task during each of 
multiple successive periods, an owner or operator may perform the 
required task at any time during the specified period, provided the task 
is conducted at a reasonable interval after completion of the task 
during the previous period.
    (l)(1) If an additional chemical manufacturing process unit meeting 
the criteria specified in paragraph (b) of this section is added to a 
plant site that is a major source as defined in section 112(a) of the 
Act, the addition shall be subject to the requirements for a new source 
in subparts F, G, and H of this part if:
    (i) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (ii)(A) Such construction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart;
    (B) Such construction commenced after August 22, 1997 for chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section; 
and
    (iii) The addition has the potential to emit 10 tons per year or 
more of any HAP or 25 tons per year or more of any combination of HAP's, 
unless the Administrator establishes a lesser quantity.
    (2) If any change is made to a chemical manufacturing process unit 
subject to this subpart, the change shall be subject to the requirements 
of a new source in subparts F, G, and H of this part if:
    (i) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part; and
    (ii)(A) Such reconstruction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart; and
    (B) Such construction commenced after August 22, 1997 for chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section.
    (3) If an additional chemical manufacturing process unit is added to 
a plant site or a change is made to a chemical manufacturing process 
unit and the addition or change is determined to be subject to the new 
source requirements according to paragraph (l)(1) or (l)(2) of this 
section:
    (i) The new or reconstructed source shall be in compliance with the 
new source requirements of subparts F, G, and H of this part upon 
initial start-up of the new or reconstructed source or by April 22, 
1994, whichever is later; and
    (ii) The owner or operator of the new or reconstructed source shall 
comply with the reporting and recordkeeping requirements in subparts F, 
G, and H of this part that are applicable to new sources. The applicable 
reports include, but are not limited to:
    (A) The application for approval of construction or reconstruction 
which shall be submitted by the date specified in Sec. 63.151(b)(2)(ii) 
of subpart G of this part, or an Initial Notification as specified in 
Sec. 63.151(b)(2)(iii) of subpart G of this part;

[[Page 154]]

    (B) Changes that meet the criteria in Sec. 63.151(j) of subpart G 
of this part, unless the information has been submitted in an operating 
permit application or amendment;
    (C) The Notification of Compliance Status as required by Sec. 
63.152(b) of subpart G of this part for the new or reconstructed source;
    (D) Periodic Reports and Other Reports as required by Sec. 
63.152(c) and (d) of subpart G of this part;
    (E) Reports required by Sec. 63.182 of subpart H of this part; and
    (F) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts F, G, and H of this part, as 
identified in table 3 of this subpart.
    (4) If an additional chemical manufacturing process unit is added to 
a plant site, or if an emission point is added to an existing chemical 
manufacturing process unit, or if another deliberate operational process 
change creating an additional Group 1 emission point(s) is made to an 
existing chemical manufacturing process unit, or if a surge control 
vessel or bottoms receiver becomes subject to Sec. 63.170 of subpart H, 
or if a compressor becomes subject to Sec. 63.164 of subpart H, and if 
the addition or change is not subject to the new source requirements as 
determined according to paragraph (l)(1) or (l)(2) of this section, the 
requirements in paragraphs (l)(4)(i) through (l)(4)(iii) of this section 
shall apply. Examples of process changes include, but are not limited 
to, changes in production capacity, feedstock type, or catalyst type, or 
whenever there is replacement, removal, or addition of recovery 
equipment. For purposes of this paragraph and paragraph (m) of this 
section, process changes do not include: Process upsets, unintentional 
temporary process changes, and changes that are within the equipment 
configuration and operating conditions documented in the Notification of 
Compliance Status required by Sec. 63.152(b) of subpart G of this part.
    (i) The added emission point(s) and any emission point(s) within the 
added or changed chemical manufacturing process unit are subject to the 
requirements of subparts F, G, and H of this part for an existing 
source;
    (ii) The added emission point(s) and any emission point(s) within 
the added or changed chemical manufacturing process unit shall be in 
compliance with subparts F, G, and H of this part by the dates specified 
in paragraph (l)(4)(ii) (A) or (B) of this section, as applicable.
    (A) If a chemical manufacturing process unit is added to a plant 
site or an emission point(s) is added to an existing chemical 
manufacturing process unit, the added emission point(s) shall be in 
compliance upon initial start-up of the added chemical manufacturing 
process unit or emission point(s) or by 3 years after April 22, 1994, 
whichever is later.
    (B) If a deliberate operational process change to an existing 
chemical manufacturing process unit causes a Group 2 emission point to 
become a Group 1 emission point, if a surge control vessel or bottoms 
receiver becomes subject to Sec. 63.170 of subpart H, or if a 
compressor becomes subject to Sec. 63.164 of subpart H, the owner or 
operator shall be in compliance upon initial start-up or by 3 years 
after April 22, 1994, whichever is later, unless the owner or operator 
demonstrates to the Administrator that achieving compliance will take 
longer than making the change. If this demonstration is made to the 
Administrator's satisfaction, the owner or operator shall follow the 
procedures in paragraphs (m)(1) through (m)(3) of this section to 
establish a compliance date.
    (iii) The owner or operator of a chemical manufacturing process unit 
or emission point that is added to a plant site and is subject to the 
requirements for existing sources shall comply with the reporting and 
recordkeeping requirements of subparts F, G, and H of this part that are 
applicable to existing sources, including, but not limited to, the 
reports listed in paragraphs (l)(4)(iii) (A) through (E) of this 
section. A change to an existing chemical manufacturing process unit 
shall be subject to the reporting requirements for existing sources, 
including but not limited to, the reports listed in paragraphs 
(l)(4)(iii)(A) through (E) of this section if the change meets the 
criteria specified in Sec. 63.118(g), (h), (i), or (j) of subpart G of 
this part for process vents

[[Page 155]]

or the criteria in Sec. 63.155(i) or (j) of subpart G of this part. The 
applicable reports include, but are not limited to:
    (A) Reports specified in Sec. 63.151(i) and (j) of subpart G of 
this part, unless the information has been submitted in an operating 
permit application or amendment;
    (B) The Notification of Compliance Status as required by Sec. 
63.152(b) of subpart G of this part for the emission points that were 
added or changed;
    (C) Periodic Reports and other reports as required by Sec. 63.152 
(c) and (d) of subpart G of this part;
    (D) Reports required by Sec. 63.182 of subpart H of this part; and
    (E) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts F, G, and H of this part, as 
identified in table 3 of this subpart.
    (m) If a change that does not meet the criteria in paragraph (l)(4) 
of this section is made to a chemical manufacturing process unit subject 
to subparts F and G of this part, and the change causes a Group 2 
emission point to become a Group 1 emission point (as defined in Sec. 
63.111 of subpart G of this part), then the owner or operator shall 
comply with the requirements of subpart G of this part for the Group 1 
emission point as expeditiously as practicable, but in no event later 
than 3 years after the emission point becomes Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The compliance schedule shall be submitted with the report 
required in Sec. 63.151(i)(2) of subpart G of this part for emission 
points included in an emissions average or Sec. 63.151(j)(1) or subpart 
G of this part for emission points not in an emissions average, unless 
the compliance schedule has been submitted in an operating permit 
application or amendment.
    (3) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (n) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart F is stayed from 
October 24, 1994, to April 24, 1995, only as applied to those sources 
for which the owner or operator makes a representation in writing to the 
Administrator that the resolution of the area source definition issues 
could have an effect on the compliance status of the source with respect 
to subpart F.
    (o) Sections stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of Sec. Sec. 63.164 and 
63.170 of subpart H is stayed from October 28, 1994, to April 24, 1995, 
only as applied to those sources subject to Sec. 63.100(k)(3) (i) and 
(ii).
    (p) Compliance dates for chemical manufacturing process units that 
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the 
provisions of paragraph (k) of this section, chemical manufacturing 
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2), 
and (b)(3) of this section shall be in compliance with this subpart and 
subparts G and H of this part by the dates specified in paragraphs 
(p)(1) and (p)(2) of this section, as applicable.
    (1) If the source consists only of chemical manufacturing process 
units that produce as a primary product one or more of the chemicals 
listed in paragraph (b)(1)(ii) of this section, new sources shall comply 
by the date specified in paragraph (p)(1)(i) of this section and 
existing sources shall comply by the dates specified in paragraphs 
(p)(1)(ii) and (p)(1)(iii) of this section.
    (i) Upon initial start-up or May 12, 1998, whichever is later.
    (ii) This subpart and subpart G of this part by May 14, 2001, unless 
an extension has been granted by the Administrator as provided in Sec. 
63.151(a)(6) or granted by the permitting authority as provided in Sec. 
63.6(i) of subpart A of this part. When April 22, 1994 is referred to in 
this subpart and subpart G of this part, May 12, 1998 shall be used as 
the applicable date for that provision. When December 31, 1992 is 
referred to in this subpart and subpart G of this part, August 22, 1997 
shall be used as the applicable date for that provision.
    (iii) Subpart H of this part by May 12, 1999, unless an extension 
has been

[[Page 156]]

granted by the Administrator as provided in Sec. 63.151(a)(6) or 
granted by the permitting authority as provided in Sec. 63.6(i) of 
subpart A of this part. When April 22, 1994 is referred to in subpart H 
of this part, May 12, 1998 shall be used as the applicable date for that 
provision. When December 31, 1992 is referred to in subpart H of this 
part, August 22, 1997 shall be used as the applicable date for that 
provision.
    (2) If the source consists of a combination of chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of 
this section, new chemical manufacturing process units that meet the 
criteria in paragraph (b)(1)(ii) of this section shall comply by the 
date specified in paragraph (p)(1)(i) of this section and existing 
chemical manufacturing process units producing crotonaldehyde and/or 
tetrahydrobenzaldehyde shall comply by the dates specified in paragraphs 
(p)(1)(ii) and (p)(1)(iii) of this section.
    (q) If the owner or operator of a process vent, or of a gas stream 
transferred subject to Sec. 63.113(i), is unable to comply with the 
provisions of Sec. Sec. 63.113 through 63.118 by the applicable 
compliance date specified in paragraph (k),(l), or (m) of this section 
for the reasons stated in paragraph (q)(1),(3), or (5) of this section, 
the owner or operator shall comply with the applicable provisions in 
Sec. Sec. 63.113 through 63.118 as expeditiously as practicable, but in 
no event later than the date approved by the Administrator pursuant to 
paragraph (q)(2), (4), or (6) of this section, respectively. For 
requests under paragraph (q)(1) or (3) of this section, the date 
approved by the Administrator may be earlier than, and shall not be 
later than, the later of January 22, 2004 or 3 years after the 
transferee's refusal to accept the stream for disposal. For requests 
submitted under paragraph (q)(5) of this section, the date approved by 
the Administrator may be earlier than, and shall not be later than, 3 
years after the date of publication of the amendments to this subpart or 
to subpart G of this part which created the need for an extension of the 
compliance.
    (1) If the owner or operator has been sending a gas stream for 
disposal as described in Sec. 63.113(i) prior to January 22, 2001, and 
the transferee does not submit a written certification as described in 
Sec. 63.113(i)(2) and ceases to accept the gas stream for disposal, the 
owner or operator shall comply with paragraph (q)(2) of this section.
    (2)(i) An owner or operator directed to comply with paragraph (q)(2) 
of this section shall submit to the Administrator for approval a 
compliance schedule, along with a justification for the schedule.
    (ii) The compliance schedule and justification shall be submitted no 
later than 90 days after the transferee ceases to accept the gas stream 
for disposal.
    (iii) The Administrator shall approve the compliance schedule or 
request changes within 120 days of receipt of the compliance schedule 
and justification.
    (3) If the owner or operator has been sending the gas stream for 
disposal as described in Sec. 63.113(i) to a transferee who had 
submitted a written certification as described in Sec. 63.113(i)(2), 
and the transferee revokes its written certification, the owner or 
operator shall comply with paragraph (q)(4) of this section. During the 
period between the date when the owner or operator receives notice of 
revocation of the transferee's written certification and the compliance 
date established under paragraph (q)(4) of this section, the owner or 
operator shall implement, to the extent reasonably available, measures 
to prevent or minimize excess emissions to the extent practical. For 
purposes of this paragraph (q)(3), the term ``excess emissions'' means 
emissions in excess of those that would have occurred if the transferee 
had continued managing the gas stream in compliance with the 
requirements in Sec. Sec. 63.113 through 63.118. The measures to be 
taken shall be identified in the applicable startup, shutdown, and 
malfunction plan. If the measures that can be reasonably taken will 
change over time, so that a more effective measure which could not 
reasonably be taken initially would be reasonable at a later date, the 
Administrator may require the more effective measure by a specified date 
(in addition to or instead of

[[Page 157]]

any other measures taken sooner or later than that date) as a condition 
of approval of the compliance schedule.
    (4)(i) An owner or operator directed to comply with this paragraph 
(q)(4) shall submit to the Administrator for approval the documents 
specified in paragraphs (q)(4)(i)(A) through (E) of this section no 
later than 90 days after the owner or operator receives notice of 
revocation of the transferee's written certification.
    (A) A request for determination of a compliance date.
    (B) A justification for the request for determination of a 
compliance date.
    (C) A compliance schedule.
    (D) A justification for the compliance schedule.
    (E) A description of the measures that will be taken to minimize 
excess emissions until the new compliance date, and the date when each 
measure will first be implemented. The owner or operator shall describe 
how, and to what extent, each measure will minimize excess emissions, 
and shall justify any period of time when measures are not in place.
    (ii) The Administrator shall approve or disapprove the request for 
determination of a compliance date and the compliance schedule, or 
request changes, within 120 days after receipt of the documents 
specified in paragraphs (q)(4)(i)(A) through (E) of this section. Upon 
approving the request for determination and compliance schedule, the 
Administrator shall specify a reasonable compliance date consistent with 
the introductory text in paragraph (q) of this section.
    (5) If the owner's or operator's inability to meet otherwise 
applicable compliance deadlines is due to amendments of this subpart or 
of subpart G of this part published on or after January 22, 2001 and 
neither condition specified in paragraph (q)(1) or (3) of this section 
is applicable, the owner or operator shall comply with paragraph (q)(6) 
of this section.
    (6)(i) An owner or operator directed to comply with this paragraph 
(6)(i) shall submit to the Administrator for approval, a request for 
determination of a compliance date, a compliance schedule, a 
justification for the determination of a compliance date, and a 
justification for the compliance schedule.
    (ii) The documents required to be submitted under paragraph 
(q)(6)(i) of this section shall be submitted no later than 120 days 
after publication of the amendments of this subpart or of subpart G of 
this part which necessitate the request for an extension.
    (iii) The Administrator shall approve or disapprove the request for 
a determination of a compliance date, or request changes, within 120 
days after receipt of the request for determination of a compliance 
date, the compliance schedule, and the two justifications. If the 
request for determination of a compliance date is disapproved, the 
compliance schedule is disapproved and the owner or operator shall 
comply by the applicable date specified in paragraph (k),(l), or (m) of 
this section. If the request for the determination of a compliance date 
is approved, the Administrator shall specify, at the time of approval, a 
reasonable compliance date consistent with the introductory text in 
paragraph (q) of this section.

[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 
59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 27, 1995; 60 FR 18023, 
18028, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 61 FR 7718, Feb. 29, 
1996; 61 FR 64574, Dec. 5, 1996; 62 FR 2729, Jan. 17, 1997; 63 FR 26081, 
May 12, 1998; 64 FR 20191, Apr. 26, 1999; 66 FR 6927, Jan. 22, 2001]



Sec. 63.101  Definitions.

    (a) The following terms as used in subparts F, G, and H of this part 
shall have the meaning given them in subpart A of this part: Act, actual 
emissions, Administrator, affected source, approved permit program, 
commenced, compliance date, construction, continuous monitoring system, 
continuous parameter monitoring system, effective date, emission 
standard, emissions averaging, EPA, equivalent emission limitation, 
existing source, Federally enforceable, fixed capital cost, hazardous 
air pollutant, lesser quantity, major source, malfunction, new source, 
owner or operator, performance evaluation, performance test, permit 
program, permitting authority, reconstruction, relevant standard, 
responsible official, run, standard conditions, State, and stationary 
source.

[[Page 158]]

    (b) All other terms used in this subpart and subparts G and H of 
this part shall have the meaning given them in the Act and in this 
section. If the same term is defined in subpart A of this part and in 
this section, it shall have the meaning given in this section for 
purposes of subparts F, G, and H of this part.
    Air oxidation reactor means a device or vessel in which air, or a 
combination of air and oxygen, is used as an oxygen source in 
combination with one or more organic reactants to produce one or more 
organic compounds. Air oxidation reactor includes the product separator 
and any associated vacuum pump or steam jet.
    Batch operation means a noncontinuous operation in which a discrete 
quantity or batch of feed is charged into a unit operation within a 
chemical manufacturing process unit and processed at one time. Batch 
operation includes noncontinuous operations in which the equipment is 
fed intermittently or discontinuously. Addition of raw material and 
withdrawal of product do not occur simultaneously in a batch operation. 
After each batch operation, the equipment is generally emptied before a 
fresh batch is started.
    Batch process vent means gaseous venting to the atmosphere from a 
batch operation.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By-product means a chemical that is produced coincidentally during 
the production of another chemical.
    Chemical manufacturing process unit means the equipment assembled 
and connected by pipes or ducts to process raw materials and to 
manufacture an intended product. A chemical manufacturing process unit 
consists of more than one unit operation. For the purpose of this 
subpart, chemical manufacturing process unit includes air oxidation 
reactors and their associated product separators and recovery devices; 
reactors and their associated product separators and recovery devices; 
distillation units and their associated distillate receivers and 
recovery devices; associated unit operations; associated recovery 
devices; and any feed, intermediate and product storage vessels, product 
transfer racks, and connected ducts and piping. A chemical manufacturing 
process unit includes pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, instrumentation systems, and control devices or 
systems. A chemical manufacturing process unit is identified by its 
primary product.
    Control device means any combustion device, recovery device, or 
recapture device. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, 
and process heaters. For process vents (as defined in this section), 
recapture devices are considered control devices but recovery devices 
are not considered control devices. For a steam stripper, a primary 
condenser is not considered a control device.
    Co-product means a chemical that is produced during the production 
of another chemical.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, or equipment leak.
    Equipment leak means emissions of organic hazardous air pollutants 
from a connector, pump, compressor, agitator, pressure relief device, 
sampling connection system, open-ended valve

[[Page 159]]

or line, valve, surge control vessel, bottoms receiver, or 
instrumentation system in organic hazardous air pollutant service as 
defined in Sec. 63.161.
    Ethylene process or ethylene process unit means a chemical 
manufacturing process unit in which ethylene and/or propylene are 
produced by separation from petroleum refining process streams or by 
subjecting hydrocarbons to high temperatures in the presence of steam. 
The ethylene process unit includes the separation of ethylene and/or 
propylene from associated streams such as a C4 product, 
pyrolysis gasoline, and pyrolysis fuel oil. The ethylene process does 
not include the manufacture of SOCMI chemicals such as the production of 
butadiene from the C4 stream and aromatics from pyrolysis 
gasoline.
    Flexible operation unit means a chemical manufacturing process unit 
that manufactures different chemical products periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in in-process combustion equipment such as furnaces and gas turbines 
either singly or in combination.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water). A heat exchange system 
can include more than one heat exchanger and can include an entire 
recirculating or once-through cooling system.
    Impurity means a substance that is produced coincidentally with the 
primary product, or is present in a raw material. An impurity does not 
serve a useful purpose in the production or use of the primary product 
and is not isolated.
    Initial start-up means the first time a new or reconstructed source 
begins production, or, for equipment added or changed as described in 
Sec. 63.100 (l) or (m) of this subpart, the first time the equipment is 
put into operation. Initial start-up does not include operation solely 
for testing equipment. For purposes of subpart G of this part, initial 
start-up does not include subsequent start-ups (as defined in this 
section) of chemical manufacturing process units following malfunctions 
or shutdowns or following changes in product for flexible operation 
units or following recharging of equipment in batch operation. For 
purposes of subpart H of this part, initial start-up does not include 
subsequent start-ups (as defined in Sec. 63.161 of subpart H of this 
part) of process units (as defined in Sec. 63.161 of subpart H of this 
part) following malfunctions or process unit shutdowns.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e, do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the chemical manufacturing process unit 
into an individual drain system prior to or during maintenance 
activities. Maintenance wastewater can be generated during planned and 
unplanned shutdowns and during periods not associated with a shutdown. 
Examples of activities that can generate maintenance wastewaters include 
descaling of heat exchanger tubing bundles, cleaning of distillation 
column traps, draining of low legs and high point bleeds, draining of 
pumps into an individual drain system, and draining of portions of the 
chemical manufacturing process unit for repair.
    On-site or On site means, with respect to records required to be 
maintained by this subpart, that the records are stored at a location 
within a major source which encompasses the affected source. On-site 
includes, but is not limited to, storage at the chemical manufacturing 
process unit to which the records pertain, or storage in central files 
elsewhere at the major source.
    Operating permit means a permit required by 40 CFR part 70 or 71.

[[Page 160]]

    Organic hazardous air pollutant or organic HAP means one of the 
chemicals listed in table 2 of this subpart.
    Petroleum refining process, also referred to as a petroleum refining 
process unit, means a process that for the purpose of producing 
transportation fuels (such as gasoline and diesel fuels), heating fuels 
(such as fuel gas, distillate, and residual fuel oils), or lubricants 
separates petroleum or separates, cracks, or reforms unfinished 
derivatives. Examples of such units include, but are not limited to, 
alkylation units, catalytic hydrotreating, catalytic hydrorefining, 
catalytic hydrocracking, catalytic reforming, catalytic cracking, crude 
distillation, and thermal processes.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Process vent means the point of discharge to the atmosphere (or the 
point of entry into a control device, if any) of a gas stream if the gas 
stream has the characteristics specified in Sec. 63.107(b) through (h), 
or meets the criteria specified in Sec. 63.107(i). For purposes of 
Sec. Sec. 63.113 through 63.118, all references to the characteristics 
of a process vent (e.g., flow rate, total HAP concentration, or TRE 
index value) shall mean the characteristics of the gas stream.
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, by-product, or waste product. Examples are product tank 
drawdown or feed tank drawdown; water formed during a chemical reaction 
or used as a reactant; water used to wash impurities from organic 
products or reactants; water used to cool or quench organic vapor 
streams through direct contact; and condensed steam from jet ejector 
systems pulling vacuum on vessels containing organics.
    Product means a compound or chemical which is manufactured as the 
intended product of the chemical manufacturing process unit. By-
products, isolated intermediates, impurities, wastes, and trace 
contaminants are not considered products.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are not 
limited to, absorbers, carbon adsorbers, and condensers.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse or for sale for fuel 
value, use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of subpart G of 
this part, recapture devices are considered recovery devices.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of a

[[Page 161]]

chemical manufacturing process unit or a reactor, air oxidation reactor, 
distillation unit, waste management unit, equipment required or used to 
comply with this subpart F, subparts G, or H of this part or the 
emptying and degassing of a storage vessel. Shutdown does not include 
the routine rinsing or washing of equipment in batch operation between 
batches.
    Source means the collection of emission points to which this subpart 
applies as determined by the criteria in Sec. 63.100 of this subpart. 
For purposes of subparts F, G, and H of this part, the term affected 
source as used in subpart A of this part has the same meaning as the 
term source defined here.
    Start-up means the setting into operation of a chemical 
manufacturing process unit or a reactor, air oxidation reactor, 
distillation unit, waste management unit, or equipment required or used 
to comply with this subpart F, subpart G, or H of this part or a storage 
vessel after emptying and degassing. Start-up includes initial start-up, 
operation solely for testing equipment, the recharging of equipment in 
batch operation, and transitional conditions due to changes in product 
for flexible operation units.
    Start-up, shutdown, and malfunction plan means the plan required 
under Sec. 63.6(e)(3) of subpart A of this part. This plan details the 
procedures for operation and maintenance of the source during periods of 
start-up, shutdown, and malfunction.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that contain one or more of the organic HAP's listed in 
table 2 of this subpart and that has been assigned, according to the 
procedures in Sec. 63.100(g) of this subpart, to a chemical 
manufacturing process unit that is subject to this subpart. Storage 
vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (5) Bottoms receiver tanks;
    (6) Surge control vessels; or
    (7) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Transfer operation means the loading, into a tank truck or railcar, 
of organic liquids that contain one or more of the organic hazardous air 
pollutants listed in table 2 of this subpart from a transfer rack (as 
defined in this section). Transfer operations do not include loading at 
an operating pressure greater than 204.9 kilopascals.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are assigned to a chemical 
manufacturing process unit subject to this subpart according to the 
procedures specified in Sec. 63.100(h) of this subpart and are used to 
fill tank trucks and/or railcars with organic liquids that contain one 
or more of the organic hazardous air pollutants listed in table 2 of 
this subpart. Transfer rack includes the associated pumps, meters, 
shutoff valves, relief valves, and other piping and valves. Transfer 
rack does not include:
    (1) Racks, arms, or hoses that only transfer liquids containing 
organic hazardous air pollutants as impurities;
    (2) Racks, arms, or hoses that vapor balance during all loading 
operations; or
    (3) Racks transferring organic liquids that contain organic 
hazardous air pollutants only as impurities.
    Unit operation means one or more pieces of process equipment used to 
make a single change to the physical or chemical characteristics of one 
or more process streams. Unit operations include, but are not limited 
to, reactors, distillation units, extraction columns, absorbers, 
decanters, dryers, condensers, and filtration equipment.

[[Page 162]]

    Vapor balancing system means a piping system that is designed to 
collect organic hazardous air pollutants vapors displaced from tank 
trucks or railcars during loading; and to route the collected organic 
hazardous air pollutants vapors to the storage vessel from which the 
liquid being loaded originated, or to another storage vessel connected 
by a common header or to compress and route to a process or a fuel gas 
system the collected organic hazardous air pollutants vapors.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include: Wastewater 
tanks, surface impoundments, individual drain systems, and biological 
wastewater treatment units. Examples of equipment that may be waste 
management units include containers, air flotation units, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. If such 
equipment is used for recovery then it is part of a chemical 
manufacturing process unit and is not a waste management unit.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of Table 9 compounds (as defined 
in Sec. 63.111 of subpart G of this part) of at least 5 parts per 
million by weight and has an annual average flow rate of 0.02 liter per 
minute or greater, or
    (ii) An annual average concentration of Table 9 compounds (as 
defined in Sec. 63.111 of subpart G) of at least 10,000 parts per 
million by weight at any flow rate, and that
    (2) Is discarded from a chemical manufacturing process unit that 
meets all of the criteria specified in Sec. 63.100 (b)(1) through 
(b)(3) of this subpart. Wastewater is process wastewater or maintenance 
wastewater.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 18024, Apr. 10, 1995; 
60 FR 63626, Dec. 12, 1995; 62 FR 2731, Jan. 17, 1997; 65 FR 26497, May 
8, 2000; 66 FR 6928, Jan. 22, 2001]



Sec. 63.102  General standards.

    (a) Owners and operators of sources subject to this subpart shall 
comply with the requirements of subparts G and H of this part.
    (1) The provisions set forth in this subpart F and subpart G of this 
part shall apply at all times except during periods of start-up or 
shutdown (as defined in Sec. 63.101 of this subpart), malfunction, or 
non-operation of the chemical manufacturing process unit (or specific 
portion thereof) resulting in cessation of the emissions to which this 
subpart F and subpart G of this part apply. However, if a start-up, 
shutdown, malfunction or period of non-operation of one portion of a 
chemical manufacturing process unit does not affect the ability of a 
particular emission point to comply with the specific provisions to 
which it is subject, then that emission point shall still be required to 
comply with the applicable provisions of this subpart F and subpart G of 
this part during the start-up, shutdown, malfunction or period of non-
operation. For example, if there is an overpressure in the reactor area, 
a storage vessel in the chemical manufacturing process unit would still 
be required to be controlled in accordance with Sec. 63.119 of subpart 
G of the part. Similarly, the degassing of a storage vessel would not 
affect the ability of a process vent to meet the requirements of Sec. 
63.113 of subpart G of this part.
    (2) The provisions set forth in subpart H of this part shall apply 
at all times except during periods of start-up or shutdown, as defined 
in Sec. 63.101(b) of this subpart, malfunction, process unit shutdown 
(as defined in Sec. 63.161 of subpart H of this part), or non-operation 
of the chemical manufacturing process unit (or specific portion thereof) 
in which the lines are drained and depressurized resulting in cessation 
of the emissions to which subpart H of this part applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the provisions of this 
subpart F, subpart G or H of this part during times when emissions (or, 
where applicable, wastewater streams or residuals) are being routed to 
such items of equipment, if the shutdown would contravene requirements 
of this subpart F, subpart G or H of this part applicable

[[Page 163]]

to such items of equipment. This paragraph does not apply if the item of 
equipment is malfunctioning, or if the owner or operator must shut down 
the equipment to avoid damage due to a contemporaneous start-up, 
shutdown, or malfunction of the chemical manufacturing process unit or 
portion thereof.
    (4) During start-ups, shutdowns, and malfunctions when the 
requirements of this subpart F, subparts G and/or H of this part do not 
apply pursuant to paragraphs (a)(1) through (a)(3) of this section, the 
owner or operator shall implement, to the extent reasonably available, 
measures to prevent or minimize excess emissions to the extent 
practical. For purposes of this paragraph, the term ``excess emissions'' 
means emissions in excess of those that would have occurred if there 
were no start-up, shutdown, or malfunction and the owner or operator 
complied with the relevant provisions of this subpart F, subparts G and/
or H of this part. The measures to be taken shall be identified in the 
applicable start-up, shutdown, and malfunction plan, and may include, 
but are not limited to, air pollution control technologies, recovery 
technologies, work practices, pollution prevention, monitoring, and/or 
changes in the manner of operation of the source. Back-up control 
devices are not required, but may be used if available.
    (b) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in organic HAP emissions 
at least equivalent to the reduction in organic HAP emissions from that 
source achieved under any design, equipment, work practice, or 
operational standards in subpart G or H of this part, the Administrator 
will publish in the Federal Register a notice permitting the use of the 
alternative means for purposes of compliance with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any notice under paragraph (b) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (3) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions.
    (c) Each owner or operator of a source subject to this subpart shall 
obtain a permit under 40 CFR part 70 or part 71 from the appropriate 
permitting authority by the date determined by 40 CFR part 70 or part 
71, as appropriate.
    (1) If the EPA has approved a State operating permit program under 
40 CFR Part 70, the permit shall be obtained from the State authority. 
If the State operating permit program has not been approved, the source 
shall apply to the EPA Regional Office.
    (2) [Reserved]
    (d) The requirements in subparts F, G, and H of this part are 
Federally enforceable under section 112 of the Act on and after the 
dates specified in Sec. 63.100(k) of this subpart.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995; 
61 FR 64575, Dec. 5, 1996; 62 FR 2732, Jan. 17, 1997]



Sec. 63.103  General compliance, reporting, and recordkeeping provisions.

    (a) Table 3 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
sources subject to subparts F, G, and H of this part.
    (b) Initial performance tests and initial compliance determinations 
shall be required only as specified in subparts G and H of this part.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures in Sec. 63.7(a) of 
subpart A of this part and the applicable sections of subparts G and H 
of this part.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 calendar days before 
the performance test is scheduled to allow the Administrator the 
opportunity to have an observer present during the test.
    (3) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) of subpart A of this part, except that performance 
tests shall be

[[Page 164]]

conducted at maximum representative operating conditions for the 
process. During the performance test, an owner or operator may operate 
the control or recovery device at maximum or minimum representative 
operating conditions for monitored control or recovery device 
parameters, whichever results in lower emission reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable subpart or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (5) Performance tests may be waived with approval of the 
Administrator as specified in Sec. 63.7(h)(2) of subpart A of this 
part. Owners or operators of sources subject to subparts F, G, and H of 
this part who apply for a waiver of a performance test shall submit the 
application by the dates specified in paragraph (b)(5)(i) of this 
section rather than the dates specified in Sec. 63.7(h)(3) of subpart A 
of this part.
    (i) If a request is made for an extension of compliance under Sec. 
63.151(a)(6) of subpart G or Sec. 63.6(i) of subpart A of this part, 
the application for a waiver of an initial performance test shall 
accompany the information required for the request for an extension of 
compliance. If no extension of compliance is requested, the application 
for a waiver of an initial performance test shall be submitted no later 
than 90 calendar days before the Notification of Compliance Status 
required in Sec. 63.152(b) of subpart G of this part is due to be 
submitted.
    (ii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the source performing the required test.
    (6) The owner or operator of a flexible operation unit shall conduct 
all required compliance demonstrations during production of the primary 
product. The owner or operator is not required to conduct compliance 
demonstrations for operating conditions during production of a product 
other than the primary product. Except as otherwise provided in this 
subpart or in subpart G or subpart H of this part, as applicable, the 
owner or operator shall operate each control device, recovery device, 
and/or recapture device that is required or used for compliance, and 
associated monitoring systems, without regard for whether the product 
that is being produced is the primary product or a different product. 
Except as otherwise provided in this subpart, subpart G and/or subpart H 
of this part, as applicable, operation of a control device, recapture 
device and/or recovery device required or used for compliance such that 
the daily average of monitored parameter values is outside the parameter 
range established pursuant to Sec. 63.152(b)(2), or such that the 
monitoring data show operation inconsistent with the monitoring plan 
established pursuant to Sec. 63.120(d)(2) or Sec. 63.181(g)(1)(iv), 
shall constitute a violation of the required operating conditions.
    (c) Each owner or operator of a source subject to subparts F, G, and 
H of this part shall keep copies of all applicable reports and records 
required by subparts F, G, and H of this part for at least 5 years; 
except that, if subparts G or H require records to be maintained for a 
time period different than 5 years, those records shall be maintained 
for the time specified in subpart G or H of this part. If an owner or 
operator submits copies of reports to the applicable EPA Regional 
Office, the owner or operator is not required to maintain copies of 
reports. If the EPA Regional Office has waived the requirement of Sec. 
63.10(a)(4)(ii) for submittal of copies of reports, the owner or 
operator is not required to maintain copies of reports.
    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. The most recent 6 months of records shall 
be retained on site or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. The remaining four and one-half years of records may be 
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, floppy disk, magnetic tape, or microfiche.

[[Page 165]]

    (2) The owner or operator subject to subparts F, G, and H of this 
part shall keep the records specified in this paragraph, as well as 
records specified in subparts G and H.
    (i) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of process equipment or of air 
pollution control equipment or continuous monitoring systems used to 
comply with this subpart F, subpart G, or H of this part during which 
excess emissions (as defined in Sec. 63.102(a)(4)) occur.
    (ii) For each start-up, shutdown, and malfunction during which 
excess emissions (as defined in Sec. 63.102(a)(4)) occur, records that 
the procedures specified in the source's start-up, shutdown, and 
malfunction plan were followed, and documentation of actions taken that 
are not consistent with the plan. For example, if a start-up, shutdown, 
and malfunction plan includes procedures for routing a control device to 
a backup control device (e.g., the incinerator for a halogenated stream 
could be routed to a flare during periods when the primary control 
device is out of service), records must be kept of whether the plan was 
followed. These records may take the form of a ``checklist,'' or other 
form of recordkeeping that confirms conformance with the start-up, 
shutdown, and malfunction plan for the event.
    (iii) For continuous monitoring systems used to comply with subpart 
G of this part, records documenting the completion of calibration checks 
and maintenance of continuous monitoring systems that are specified in 
the manufacturer's instructions or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (3) Records of start-up, shutdown and malfunction and continuous 
monitoring system calibration and maintenance are not required if they 
pertain solely to Group 2 emission points, as defined in Sec. 63.111 of 
subpart G of this part, that are not included in an emissions average.
    (d) All reports required under subparts F, G, and H of this part 
shall be sent to the Administrator at the addresses listed in Sec. 
63.13 of subpart A of this part, except that requests for permission to 
use an alternative means of compliance as provided for in Sec. 
63.102(b) of this subpart and application for approval of a nominal 
efficiency as provided for in Sec. 63.150 (i)(1) through (i)(6) of 
subpart G of this part shall be submitted to the Director of the EPA 
Office of Air Quality Planning and Standards rather than to the 
Administrator or delegated authority.
    (1) Wherever subpart A of this part specifies ``postmark'' dates, 
submittals may be sent by methods other than the U.S. Mail (e.g., by fax 
or courier). Submittals shall be sent on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (e) The owner or operator of a chemical manufacturing process unit 
which meets the criteria of Sec. 63.100(b)(1) and Sec. 63.100(b)(3), 
but not the criteria of Sec. 63.100(b)(2), shall comply with the 
requirements of either paragraph (e)(1) or (e)(2) of this section.
    (1) Retain information, data, and analysis used to determine that 
the chemical manufacturing process unit does not use as a reactant or 
manufacture as a product or co-product any organic hazardous air 
pollutant. Examples of information that could document this include, but 
are not limited to, records of chemicals purchased for the process, 
analyses of process stream composition, engineering calculations, or 
process knowledge.
    (2) When requested by the Administrator, demonstrate that the 
chemical manufacturing process unit does not use as a reactant or 
manufacture as a product or co-product any organic hazardous air 
pollutant.
    (f) To qualify for the exemption specified in Sec. 63.100(b)(4) of 
this subpart, the owner or operator shall maintain the documentation of 
the information required pursuant to Sec. 63.100(b)(4)(i), and 
documentation of any update of this information requested by the EPA 
Regional Office, and shall provide the documentation to the EPA Regional 
Office upon request. The EPA Regional Office will notify the owner or 
operator, after reviewing such documentation, if the source does not 
qualify for

[[Page 166]]

the exemption specified in Sec. 63.100(b)(4) of this section. In such 
cases, compliance with subpart H shall be required no later than 90 days 
after expiration of the applicable compliance date in Sec. 
63.100(k)(3), but in no event earlier than 90 days after the date of 
such notification by the EPA Regional Office. Compliance with this 
subpart F and subpart G of this part shall be no later than April 22, 
1997, or as otherwise specified in Sec. 63.100(k)(2)(ii) of this 
subpart, unless an extension has been granted by the EPA Regional Office 
or permitting authority as provided in Sec. 63.6(i) of subpart A of 
this part.
    (g) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.100(k)(6)(i) or (ii) shall submit a compliance 
extension request to the appropriate EPA Regional Office no later than 
45 days before the applicable compliance date in Sec. 63.100(k)(3), but 
in no event is submittal required earlier than May 10, 1995. The request 
shall contain the information specified in Sec. 63.100(k)(5)(iv) and 
the reason compliance can not reasonably be achieved without a process 
unit shutdown, as defined in 40 CFR 63.161 or without replacement of the 
compressor or recasting of the distance piece.
    (h) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.100(k)(8) shall submit to the appropriate EPA 
Regional Office a brief description of the process change, identify the 
HAP eliminated, and the expected date of cessation of use or production 
of HAP. The description shall be submitted no later than May 10, 1995, 
or with the Notice of Compliance Status as required in Sec. 63.182(c) 
of subpart H, whichever is later.

[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
60 FR 18024, Apr. 10, 1995; 62 FR 2733, Jan. 17, 1997; 63 FR 26082, May 
12, 1998]



Sec. 63.104  Heat exchange system requirements.

    (a) Unless one or more of the conditions specified in paragraphs 
(a)(1) through (a)(6) of this section are met, owners and operators of 
sources subject to this subpart shall monitor each heat exchange system 
used to cool process equipment in a chemical manufacturing process unit 
meeting the conditions of Sec. 63.100 (b)(1) through (b)(3) of this 
subpart, except for chemical manufacturing process units meeting the 
condition specified in Sec. 63.100(c) of this subpart, according to the 
provisions in either paragraph (b) or (c) of this section. Whenever a 
leak is detected, the owner or operator shall comply with the 
requirements in paragraph (d) of this section.
    (1) The heat exchange system is operated with the minimum pressure 
on the cooling water side at least 35 kilopascals greater than the 
maximum pressure on the process side.
    (2) There is an intervening cooling fluid, containing less than 5 
percent by weight of total hazardous air pollutants listed in table 4 of 
this subpart, between the process and the cooling water. This 
intervening fluid serves to isolate the cooling water from the process 
fluid and the intervening fluid is not sent through a cooling tower or 
discharged. For purposes of this section, discharge does not include 
emptying for maintenance purposes.
    (3) The once-through heat exchange system is subject to a National 
Pollution Discharge Elimination System (NPDES) permit with an allowable 
discharge limit of 1 part per million or less above influent 
concentration or 10 percent or less above influent concentration, 
whichever is greater.
    (4) The once-through heat exchange system is subject to an NPDES 
permit that:
    (i) Requires monitoring of a parameter(s) or condition(s) to detect 
a leak of process fluids into cooling water;
    (ii) Specifies or includes the normal range of the parameter or 
condition;
    (iii) Requires monitoring for the parameters selected as leak 
indicators no less frequently than monthly for the first six months and 
quarterly thereafter; and
    (iv) Requires the owner or operator to report and correct leaks to 
the cooling water when the parameter or condition exceeds the normal 
range.
    (5) The recirculating heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total hazardous air 
pollutants listed in table 4 of this subpart.
    (6) The once-through heat exchange system is used to cool process 
fluids

[[Page 167]]

that contain less than 5 percent by weight of total hazardous air 
pollutants listed in table 9 of subpart G of this part.
    (b) The owner or operator who elects to comply with the requirements 
of paragraph (a) of this section by monitoring the cooling water for the 
presence of one or more organic hazardous air pollutants or other 
representative substances whose presence in cooling water indicates a 
leak shall comply with the requirements specified in paragraphs (b)(1) 
through (b)(6) of this section. The cooling water shall be monitored for 
total hazardous air pollutants, total volatile organic compounds, total 
organic carbon, one or more speciated HAP compounds, or other 
representative substances that would indicate the presence of a leak in 
the heat exchange system.
    (1) The cooling water shall be monitored monthly for the first 6 
months and quarterly thereafter to detect leaks.
    (2)(i) For recirculating heat exchange systems (cooling tower 
systems), the monitoring of speciated hazardous air pollutants or total 
hazardous air pollutants refers to the hazardous air pollutants listed 
in table 4 of this subpart.
    (ii) For once-through heat exchange systems, the monitoring of 
speciated hazardous air pollutants or total hazardous air pollutants 
refers to the hazardous air pollutants listed in table 9 of subpart G of 
this part.
    (3) The concentration of the monitored substance(s) in the cooling 
water shall be determined using any EPA-approved method listed in part 
136 of this chapter as long as the method is sensitive to concentrations 
as low as 10 parts per million and the same method is used for both 
entrance and exit samples. Alternative methods may be used upon approval 
by the Administrator.
    (4) The samples shall be collected either at the entrance and exit 
of each heat exchange system or at locations where the cooling water 
enters and exits each heat exchanger or any combination of heat 
exchangers.
    (i) For samples taken at the entrance and exit of recirculating heat 
exchange systems, the entrance is the point at which the cooling water 
leaves the cooling tower prior to being returned to the process 
equipment and the exit is the point at which the cooling water is 
introduced to the cooling tower after being used to cool the process 
fluid.
    (ii) For samples taken at the entrance and exit of once-through heat 
exchange systems, the entrance is the point at which the cooling water 
enters and the exit is the point at which the cooling water exits the 
plant site or chemical manufacturing process units.
    (iii) For samples taken at the entrance and exit of each heat 
exchanger or any combination of heat exchangers in chemical 
manufacturing process units, the entrance is the point at which the 
cooling water enters the individual heat exchanger or group of heat 
exchangers and the exit is the point at which the cooling water exits 
the heat exchanger or group of heat exchangers.
    (5) A minimum of three sets of samples shall be taken at each 
entrance and exit as defined in paragraph (b)(4) of this section. The 
average entrance and exit concentrations shall then be calculated. The 
concentration shall be corrected for the addition of any makeup water or 
for any evaporative losses, as applicable.
    (6) A leak is detected if the exit mean concentration is found to be 
greater than the entrance mean using a one-sided statistical procedure 
at the 0.05 level of significance and the amount by which it is greater 
is at least 1 part per million or 10 percent of the entrance mean, 
whichever is greater.
    (c) The owner or operator who elects to comply with the requirement 
of paragraph (a) of this section by monitoring using a surrogate 
indicator of heat exchange system leaks shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section. Surrogate indicators that could be used to develop an 
acceptable monitoring program are ion specific electrode monitoring, pH, 
conductivity or other representative indicators.
    (1) The owner or operator shall prepare and implement a monitoring 
plan that documents the procedures that will be used to detect leaks of 
process fluids into cooling water. The plan shall require monitoring of 
one or more surrogate indicators or monitoring of one or more process 
parameters or

[[Page 168]]

other conditions that indicate a leak. Monitoring that is already being 
conducted for other purposes may be used to satisfy the requirements of 
this section. The plan shall include the information specified in 
paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) A description of the parameter or condition to be monitored and 
an explanation of how the selected parameter or condition will reliably 
indicate the presence of a leak.
    (ii) The parameter level(s) or conditions(s) that shall constitute a 
leak. This shall be documented by data or calculations showing that the 
selected levels or conditions will reliably identify leaks. The 
monitoring must be sufficiently sensitive to determine the range of 
parameter levels or conditions when the system is not leaking. When the 
selected parameter level or condition is outside that range, a leak is 
indicated.
    (iii) The monitoring frequency which shall be no less frequent than 
monthly for the first 6 months and quarterly thereafter to detect leaks.
    (iv) The records that will be maintained to document compliance with 
the requirements of this section.
    (2) If a substantial leak is identified by methods other than those 
described in the monitoring plan and the method(s) specified in the plan 
could not detect the leak, the owner or operator shall revise the plan 
and document the basis for the changes. The owner or operator shall 
complete the revisions to the plan no later than 180 days after 
discovery of the leak.
    (3) The owner or operator shall maintain, at all times, the 
monitoring plan that is currently in use. The current plan shall be 
maintained on-site, or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. If the monitoring plan is superseded, the owner or operator 
shall retain the most recent superseded plan at least until 5 years from 
the date of its creation. The superseded plan shall be retained on-site 
(or accessible from a central location by computer or other means that 
provides access within two hours after a request) for at least 6 months 
after its creation.
    (d) If a leak is detected according to the criteria of paragraph (b) 
or (c) of this section, the owner or operator shall comply with the 
requirements in paragraphs (d)(1) and (d)(2) of this section, except as 
provided in paragraph (e) of this section.
    (1) The leak shall be repaired as soon as practical but not later 
than 45 calendar days after the owner or operator receives results of 
monitoring tests indicating a leak. The leak shall be repaired unless 
the owner or operator demonstrates that the results are due to a 
condition other than a leak.
    (2) Once the leak has been repaired, the owner or operator shall 
confirm that the heat exchange system has been repaired within 7 
calendar days of the repair or startup, whichever is later.
    (e) Delay of repair of heat exchange systems for which leaks have 
been detected is allowed if the equipment is isolated from the process. 
Delay of repair is also allowed if repair is technically infeasible 
without a shutdown and any one of the conditions in paragraph (e)(1) or 
(e)(2) of this section is met. All time periods in paragraphs (e)(1) and 
(e)(2) of this section shall be determined from the date when the owner 
or operator determines that delay of repair is necessary.
    (1) If a shutdown is expected within the next 2 months, a special 
shutdown before that planned shutdown is not required.
    (2) If a shutdown is not expected within the next 2 months, the 
owner or operator may delay repair as provided in paragraph (e)(2)(i) or 
(e)(2)(ii) of this section. Documentation of a decision to delay repair 
shall state the reasons repair was delayed and shall specify a schedule 
for completing the repair as soon as practical.
    (i) If a shutdown for repair would cause greater emissions than the 
potential emissions from delaying repair, the owner or operator may 
delay repair until the next shutdown of the process equipment associated 
with the leaking heat exchanger. The owner or operator shall document 
the basis for the determination that a shutdown for repair would cause 
greater emissions than the emissions likely to result from delaying 
repair as specified in paragraphs

[[Page 169]]

(e)(2)(i)(A) and (e)(2)(i)(B) of this section.
    (A) The owner or operator shall calculate the potential emissions 
from the leaking heat exchanger by multiplying the concentration of 
total hazardous air pollutants listed in table 4 of this subpart in the 
cooling water from the leaking heat exchanger by the flowrate of the 
cooling water from the leaking heat exchanger by the expected duration 
of the delay. The owner or operator may calculate potential emissions 
using total organic carbon concentration instead of total hazardous air 
pollutants listed in table 4 of this subpart.
    (B) The owner or operator shall determine emissions from purging and 
depressurizing the equipment that will result from the unscheduled 
shutdown for the repair.
    (ii) If repair is delayed for reasons other than those specified in 
paragraph (e)(2)(i) of this section, the owner or operator may delay 
repair up to a maximum of 120 calendar days. The owner shall demonstrate 
that the necessary parts or personnel were not available.
    (f)(1) Required records. The owner or operator shall retain the 
records identified in paragraphs (f)(1)(i) through (f)(1)(iv) of this 
section as specified in Sec. 63.103(c)(1).
    (i) Monitoring data required by this section indicating a leak and 
the date when the leak was detected, and if demonstrated not to be a 
leak, the basis for that determination;
    (ii) Records of any leaks detected by procedures subject to 
paragraph (c)(2) of this section and the date the leak was discovered;
    (iii) The dates of efforts to repair leaks; and
    (iv) The method or procedure used to confirm repair of a leak and 
the date repair was confirmed.
    (2) Reports. If an owner or operator invokes the delay of repair 
provisions for a heat exchange system, the following information shall 
be submitted in the next semi-annual periodic report required by Sec. 
63.152(c) of subpart G of this part. If the leak remains unrepaired, the 
information shall also be submitted in each subsequent periodic report, 
until repair of the leak is reported.
    (i) The owner or operator shall report the presence of the leak and 
the date that the leak was detected.
    (ii) The owner or operator shall report whether or not the leak has 
been repaired.
    (iii) The owner or operator shall report the reason(s) for delay of 
repair. If delay of repair is invoked due to the reasons described in 
paragraph (e)(2) of this section, documentation of emissions estimates 
must also be submitted.
    (iv) If the leak remains unrepaired, the owner or operator shall 
report the expected date of repair.
    (v) If the leak is repaired, the owner or operator shall report the 
date the leak was successfully repaired.

[62 FR 2733, Jan. 17, 1997]



Sec. 63.105  Maintenance wastewater requirements.

    (a) Each owner or operator of a source subject to this subpart shall 
comply with the requirements of paragraphs (b) through (e) of this 
section for maintenance wastewaters containing those organic HAP's 
listed in table 9 of subpart G of this part.
    (b) The owner or operator shall prepare a description of maintenance 
procedures for management of wastewaters generated from the emptying and 
purging of equipment in the process during temporary shutdowns for 
inspections, maintenance, and repair (i.e., a maintenance-turnaround) 
and during periods which are not shutdowns (i.e., routine maintenance). 
The descriptions shall:
    (1) Specify the process equipment or maintenance tasks that are 
anticipated to create wastewater during maintenance activities.
    (2) Specify the procedures that will be followed to properly manage 
the wastewater and control organic HAP emissions to the atmosphere; and
    (3) Specify the procedures to be followed when clearing materials 
from process equipment.
    (c) The owner or operator shall modify and update the information 
required by paragraph (b) of this section as needed following each 
maintenance procedure based on the actions taken and the wastewaters 
generated in the preceding maintenance procedure.

[[Page 170]]

    (d) The owner or operator shall implement the procedures described 
in paragraphs (b) and (c) of this section as part of the start-up, 
shutdown, and malfunction plan required under Sec. 63.6(e)(3) of 
subpart A of this part.
    (e) The owner or operator shall maintain a record of the information 
required by paragraphs (b) and (c) of this section as part of the start-
up, shutdown, and malfunction plan required under Sec. 63.6(e)(3) of 
subpart A of this part.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995]



Sec. 63.106  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Sec. Sec. 63.100, 
63.102, and 63.104. Where these standards reference another subpart, the 
cited provisions will be delegated according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37344, June 23, 2003]



Sec. 63.107  Identification of process vents subject to this subpart.

    (a) The owner or operator shall use the criteria specified in this 
Sec. 63.107 to determine whether there are any process vents associated 
with an air oxidation reactor, distillation unit, or reactor that is in 
a source subject to this subpart. A process vent is the point of 
discharge to the atmosphere (or the point of entry into a control 
device, if any) of a gas stream if the gas stream has the 
characteristics specified in paragraphs (b) through (h) of this section, 
or meets the criteria specified in paragraph (i) of this section.
    (b) Some, or all, of the gas stream originates as a continuous flow 
from an air oxidation reactor, distillation unit, or reactor during 
operation of the chemical manufacturing process unit.
    (c) The discharge to the atmosphere (with or without passing through 
a control device) meets at least one of the conditions specified in 
paragraphs (c)(1) through (3) of this section.
    (1) Is directly from an air oxidation reactor, distillation unit, or 
reactor; or
    (2) Is from an air oxidation reactor, distillation unit, or reactor 
after passing solely (i.e., without passing through any other unit 
operation for a process purpose) through one or more recovery devices 
within the chemical manufacturing process unit; or
    (3) Is from a device recovering only mechanical energy from a gas 
stream that comes either directly from an air oxidation reactor, 
distillation unit, or reactor, or from an air oxidation reactor, 
distillation unit, or reactor after passing solely (i.e., without 
passing through any other unit operation for a process purpose) through 
one or more recovery devices within the chemical manufacturing process 
unit.
    (d) The gas stream contains greater than 0.005 weight percent total 
organic HAP at the point of discharge to the atmosphere (or at the point 
of entry into a control device, if any).

[[Page 171]]

    (e) The air oxidation reactor, distillation unit, or reactor is part 
of a chemical manufacturing process unit that meets the criteria of 
Sec. 63.100(b).
    (f) The gas stream is in the gas phase from the point of origin at 
the air oxidation reactor, distillation unit, or reactor to the point of 
discharge to the atmosphere (or to the point of entry into a control 
device, if any).
    (g) The gas stream is discharged to the atmosphere either on-site, 
off-site, or both.
    (h) The gas stream is not any of the items identified in paragraphs 
(h)(1) through (9) of this section.
    (1) A relief valve discharge.
    (2) A leak from equipment subject to subpart H of this part.
    (3) A gas stream going to a fuel gas system as defined in Sec. 
63.101.
    (4) A gas stream exiting a control device used to comply with Sec. 
63.113.
    (5) A gas stream transferred to other processes (on-site or off-
site) for reaction or other use in another process (i.e., for chemical 
value as a product, isolated intermediate, byproduct, or coproduct, or 
for heat value).
    (6) A gas stream transferred for fuel value (i.e., net positive 
heating value), use, reuse, or for sale for fuel value, use, or reuse.
    (7) A storage vessel vent or transfer operation vent subject to 
Sec. 63.119 or Sec. 63.126.
    (8) A vent from a waste management unit subject to Sec. Sec. 63.132 
through 63.137.
    (9) A gas stream exiting an analyzer.
    (i) The gas stream would meet the characteristics specified in 
paragraphs (b) through (g) of this section, but, for purposes of 
avoiding applicability, has been deliberately interrupted, temporarily 
liquefied, routed through any item of equipment for no process purpose, 
or disposed of in a flare that does not meet the criteria in Sec. 
63.11(b), or an incinerator that does not reduce emissions of organic 
HAP by 98 percent or to a concentration of 20 parts per million by 
volume, whichever is less stringent.

[66 FR 6928, Jan. 22, 2001]

      Table 1 to Subpart F of Part 63--Synthetic Organic Chemical 
                    Manufacturing Industry Chemicals

------------------------------------------------------------------------
             Chemical name a               CAS No. b         Group
------------------------------------------------------------------------
Acenaphthene............................        83329  V
Acetal..................................       105577  V
Acetaldehyde............................        75070  II
Acetamide...............................        60355  II
Acetanilide.............................       103844  II
Acetic acid.............................        64197  II
Acetic anhydride........................       108247  II
Acetoacetanilide........................       102012  III
Acetone.................................        67641  I
Acetone cyanohydrin.....................        75865  V
Acetonitrile............................        75058  I
Acetophenone............................        98862  I
Acrolein................................       107028  IV
Acrylamide..............................        79061  I
Acrylic acid............................        79107  IV
Acrylonitrile...........................       107131  I
Adiponitrile............................       111693  I
Alizarin................................        72480  V
Alkyl anthraquinones....................          008  V
Allyl alcohol...........................       107186  I
Allyl chloride..........................       107051  IV
Allyl cyanide...........................       109751  IV
Aminophenol sulfonic acid...............         0010  V
Aminophenol (p-)........................       123308  I
Aniline.................................        62533  I
Aniline hydrochloride...................       142041  III
Anisidine (o-)..........................        90040  II
Anthracene..............................       120127  V
Anthraquinone...........................        84651  III
Azobenzene..............................       103333  I
Benzaldehyde............................       100527  III
Benzene.................................        71432  I
Benzenedisulfonic acid..................        98486  I
Benzenesulfonic acid....................        98113  I
Benzil..................................       134816  III
Benzilic acid...........................        76937  III
Benzoic acid............................        65850  III
Benzoin.................................       119539  III
Benzonitrile............................       100470  III
Benzophenone............................       119619  I
Benzotrichloride........................        98077  III
Benzoyl chloride........................        98884  III
Benzyl acetate..........................       140114  III
Benzyl alcohol..........................       100516  III
Benzyl benzoate.........................       120514  III
Benzyl chloride.........................       100447  III
Benzyl dichloride.......................        98873  III
Biphenyl................................        92524  I
Bisphenol A.............................        80057  III
Bis(Chloromethyl) Ether.................       542881  I
Bromobenzene............................       108861  I
Bromoform...............................        75252  V
Bromonaphthalene........................     27497514  IV
Butadiene (1,3-)........................       106990  II
Butanediol (1,4-).......................       110634  I
Butyl acrylate (n-).....................       141322  V
Butylene glycol (1,3-)..................       107880  II
Butyrolactone...........................        96480  I
Caprolactam.............................       105602  II
Carbaryl................................        63252  V
Carbazole...............................        86748  V
Carbon disulfide........................        75150  IV
Carbon tetrabromide.....................       558134  II
Carbon tetrachloride....................        56235  I
Carbon tetrafluoride....................        75730  II
Chloral.................................        75876  II
Chloroacetic acid.......................        79118  II
Chloroacetophenone (2-).................       532274  I
Chloroaniline (p-)......................       106478  II
Chlorobenzene...........................       108907  I

[[Page 172]]

 
2-Chloro-1,3-butadiene (Chloroprene)....       126998  II
Chlorodifluoroethane....................     25497294  V
Chlorodifluoromethane...................        75456  I
Chloroform..............................        67663  I
Chloronaphthalene.......................     25586430  IV
Chloronitrobenzene                             121733  I
 (m-).
Chloronitrobenzene                              88733  I
 (o-).
Chloronitrobenzene                             100005  I
 (p-).
Chlorophenol (m-).......................       108430  II
Chlorophenol (o-).......................        95578  II
Chlorophenol (p-).......................       106489  II
Chlorotoluene (m-)......................       108418  III
Chlorotoluene (o-)......................        95498  III
Chlorotoluene (p-)......................       106434  III
Chlorotrifluoromethane..................        75729  II
Chrysene................................       218019  V
Cresol and cresylic acid (m-)...........       108394  III
Cresol and cresylic acid (o-)...........        95487  III
Cresol and cresylic acid (p-)...........       106445  III
Cresols and cresylic acids (mixed)......      1319773  III
Cumene..................................        98828  I
Cumene hydroperoxide....................        80159  I
Cyanoacetic acid........................       372098  II
Cyclohexane.............................       110827  I
Cyclohexanol............................       108930  I
Cyclohexanone...........................       108941  I
Cyclohexylamine.........................       108918  III
Cyclooctadienes.........................     29965977  II
Decahydro naphthalene...................        91178  IV
Diacetoxy-2-Butene (1,4-)...............         0012  V
Diaminophenol hydrochloride.............       137097  V
Dibromomethane..........................        74953  V
Dichloroaniline (mixed isomers).........     27134276  I
Dichlorobenzene (p-)....................       106467  I
Dichlorobenzene (m-)....................       541731  I
Dichlorobenzene (o-)....................        95501  I
 Dichlorobenzidine                              91941  I
 (3,3''-).
Dichlorodifluoromethane.................        75718  I
Dichloroethane (1,2-)                          107062  I
 (Ethylenedichloride) (EDC).
Dichloroethyl ether (bis(2-                    111444  I
 chloroethyl)ether).
Dichloroethylene (1,2-).................       540590  II
Dichlorophenol (2,4-)...................       120832  III
Dichloropropene (1,3-)..................       542756  II
Dichlorotetrafluoro-                          1320372  V
 ethane.
Dichloro-1-butene (3,4-)................       760236  II
Dichloro-2-butene (1,4-)................       764410  V
Diethanolamine (2,2'-Iminodiethanol)....       111422  I
Diethyl sulfate.........................        64675  II
Diethylamine............................       109897  IV
Diethylaniline (2,6-)...................       579668  V
Diethylene glycol.......................       111466  I
Diethylene glycol dibutyl ether.........       112732  I
Diethylene glycol diethyl ether.........       112367  I
Diethylene glycol dimethyl ether........       111966  I
Diethylene glycol monobutyl ether              124174  I
 acetate.
Diethylene glycol monobutyl ether.......       112345  I
Diethylene glycol monoethyl ether              112152  I
 acetate.
Diethylene glycol monoethyl ether.......       111900  I
Diethylene glycol monohexyl ether.......       112594  V
Diethylene glycol monomethyl ether             629389  V
 acetate.
Diethylene glycol monomethyl ether......       111773  I
Dihydroxybenzoic acid (Resorcylic acid).     27138574  V
 Dimethylbenzidine                             119937  II
 (3,3'-).
Dimethyl ether..........................       115106  IV
Dimethylformamide (N,N-)................        68122  II
 Dimethylhydrazine                              57147  II
 (1,1-).
Dimethyl sulfate........................        77781  I
Dimethyl terephthalate..................       120616  II
Dimethylamine...........................       124403  IV
Dimethylaminoethanol (2-)...............       108010  I
Dimethylaniline (N,N'').................       121697  III
Dinitrobenzenes (NOS) c.................     25154545  I
Dinitrophenol (2,4-)....................        51285  III
Dinitrotoluene (2,4-)...................       121142  III
Dioxane (1,4-) (1,4-Diethyleneoxide)....         1239  11I
Dioxolane (1,3-)........................       646060  I
Diphenyl methane........................       101815  I
Diphenyl oxide..........................       101848  I
Diphenyl thiourea.......................       102089  III
Diphenylamine...........................       122394  III
Dipropylene glycol......................       110985  I
Di-o-tolyguanidine......................        97392  III
Dodecanedioic acid......................       693232  I
Dodecyl benzene (branched)..............       123013  V
Dodecyl phenol (branched)...............    121158585  V
Dodecylaniline..........................     28675174  V
Dodecylbenzene (n-).....................       121013  I
Dodecylphenol...........................     27193868  III
Epichlorohydrin (1-chloro-2,3-                 106898  I
 epoxypropane).
Ethanolamine............................       141435  I
Ethyl acrylate..........................       140885  II
Ethylbenzene............................       100414  I
Ethyl chloride (Chloroethane)...........        75003  IV
Ethyl chloroacetate.....................       105395  II
Ethylamine..............................        75047  V
Ethylaniline (N-).......................       103695  III
Ethylaniline (o-).......................       578541  III
Ethylcellulose..........................      9004573  V
Ethylcyanoacetate.......................       105566  V
Ethylene carbonate......................        96491  I
Ethylene dibromide (Dibromoethane)......       106934  I
Ethylene glycol.........................       107211  I
Ethylene glycol diacetate...............       111557  I
Ethylene glycol dibutyl ether...........       112481  V
 Ethylene glycol diethyl ether                 629141  I
 (1,2-diethoxyethane).
 Ethylene glycol                               110714  I
 dimethyl ether
Ethylene glycol monoacetate.............       542596  V
 Ethylene glycol monobutyl ether               112072  I
 acetate.
Ethylene glycol monobutyl ether.........       111762  I
 Ethylene glycol monoethyl ether               111159  I
 acetate.
Ethylene glycol monoethyl ether.........       110805  I
Ethylene glycol monohexyl ether.........       112254  V
Ethylene glycol monomethyl ether acetate       110496  I
Ethylene glycol monomethyl ether........       109864  I
Ethylene glycol monooctyl ether.........          002  V
Ethylene glycol monophenyl ether........       122996  I
Ethylene glycol monopropyl ether........      2807309  I
Ethylene oxide..........................        75218  I
Ethylenediamine.........................       107153  II
Ethylenediamine tetraacetic acid........        60004  V
Ethylenimine (Aziridine)................       151564  II
Ethylhexyl acrylate (2-isomer)..........       103117  II
Fluoranthene............................       206440  V
Formaldehyde............................        50000  I
Formamide...............................        75127  II
Formic acid.............................        64186  II
Fumaric acid............................       110178  I
Glutaraldehyde..........................       111308  IV
Glyceraldehyde..........................       367475  V

[[Page 173]]

 
Glycerol................................        56815  II
Glycine.................................        56406  II
Glyoxal.................................       107222  II
Hexachlorobenzene.......................       118741  II
Hexachlorobutadiene.....................        87683  II
Hexachloroethane........................        67721  II
Hexadiene (1,4-)........................       592450  II
 Hexamethylene-                                100970  I
 tetramine.
Hexane..................................       110543  V
Hexanetriol (1,2,6-)....................       106694  IV
Hydroquinone............................       123319  I
Hydroxyadipaldehyde.....................       141311  V
Isobutyl acrylate.......................       106638  V
Isobutylene.............................       115117  V
Isophorone..............................        78591  IV
Isophorone nitrile......................         0017  V
Isophthalic acid........................       121915  III
Isopropylphenol.........................     25168063  III
Linear alkylbenzene.....................       ---- d  I
Maleic anhydride........................       108316  I
Maleic hydrazide........................       123331  I
Malic acid..............................      6915157  I
Metanilic acid..........................       121471  I
Methacrylic acid........................        79414  V
Methanol................................        67561  IV
Methionine..............................        63683  I
Methyl acetate..........................        79209  IV
Methyl acrylate.........................        96333  V
Methyl bromide (Bromomethane)...........        74839  IV
Methyl chloride (Chloromethane).........        74873  IV
Methyl ethyl ketone (2-butanone)........        78933  V
Methyl formate..........................       107313  II
Methyl hydrazine........................        60344  IV
Methyl isobutyl carbinol................       108112  IV
Methyl isobutyl ketone (Hexone).........       108101  IV
Methyl isocyanate.......................       624839  IV
Methyl mercaptan........................        74931  IV
Methyl methacrylate.....................        80626  IV
Methyl phenyl carbinol..................        98851  II
Methyl tert-butyl ether.................      1634044  V
Methylamine.............................        74895  IV
Methylaniline (N-)......................       100618  III
Methylcyclohexane.......................       108872  III
Methylcyclohexanol......................     25639423  V
Methylcyclohexanone.....................      1331222  III
Methylene chloride (Dichloromethane)....        75092  I
Methylene dianiline (4,4'-isomer).......       101779  I
Methylene diphenyl diisocyanate (4,4'-)        101688  III
 (MDI).
Methylionones (a-)......................        79696  V
Methylpentynol..........................        77758  V
Methylstyrene (a-)......................        98839  I
Naphthalene.............................        91203  IV
Naphthalene sulfonic acid (a-)..........        85472  IV
Naphthalene sulfonic acid (b-)..........       120183  IV
Naphthol (a-)...........................        90153  IV
Naphthol (b-)...........................       135193  IV
Naphtholsulfonic acid (1-)..............       567180  V
Naphthylamine sulfonic acid (1,4-)......        84866  V
Naphthylamine sulfonic acid (2,1-)......        81163  V
Naphthylamine (1-)......................       134327  V
Naphthylamine (2-)......................        91598  V
Nitroaniline (m-).......................        99092  II
Nitroaniline (o-).......................        88744  I
Nitroanisole (o-).......................        91236  III
Nitroanisole (p-).......................       100174  III
Nitrobenzene............................        98953  I
Nitronaphthalene (1-)...................        86577  IV
Nitrophenol (p-)........................       100027  III
Nitrophenol (o-)........................        88755  III
Nitropropane (2-).......................        79469  II
Nitrotoluene (all isomers)..............      1321126  III
Nitrotoluene (o-).......................        88722  III
Nitrotoluene (m-).......................        99081  III
Nitrotoluene (p-).......................        99990  III
Nitroxylene.............................     25168041  V
Nonylbenzene (branched).................      1081772  V
Nonylphenol.............................     25154523  V
Octene-1................................       111660  I
Octylphenol.............................     27193288  III
Paraformaldehyde........................     30525894  I
Paraldehyde.............................       123637  II
Pentachlorophenol.......................        87865  III
Pentaerythritol.........................       115775  I
Peracetic acid..........................        79210  II
Perchloromethyl mercaptan...............       594423  IV
Phenanthrene............................        85018  V
Phenetidine (p-)........................       156434  III
Phenol..................................       108952  III
Phenolphthalein.........................        77098  III
Phenolsulfonic acids (all isomers)......      1333397  III
Phenyl anthranilic acid (all isomers)...        91407  III
Phenylenediamine (p-)...................       106503  I
Phloroglucinol..........................       108736  III
Phosgene................................        75445  IV
Phthalic acid...........................        88993  III
Phthalic anhydride......................        85449  III
Phthalimide.............................        85416  III
Phthalonitrile..........................        91156  III
Picoline (b-)...........................       108996  II
Piperazine..............................       110850  I
Propiolactone (beta-)...................        57578  I
Propionaldehyde.........................       123386  IV
Propionic acid..........................        79094  I
Propylene carbonate.....................       108327  V
Propylene dichloride (1,2-                      78875  IV
 dichloropropane).
Propylene glycol........................        57556  I
Propylene glycol monomethyl ether.......       107982  I
Propylene oxide.........................        75569  I
Pyrene..................................       129000  V
Pyridine................................       110861  II
p-tert-Butyl toluene....................        98511  III
Quinone.................................       106514  III
Resorcinol..............................       108463  I
Salicylic acid..........................        69727  III
Sodium methoxide........................       124414  IV
Sodium phenate..........................       139026  III
Stilbene................................       588590  III
Styrene.................................       100425  I
Succinic acid...........................       110156  I
Succinonitrile..........................       110612  I
Sulfanilic acid.........................       121573  III
Sulfolane...............................       126330  II
Tartaric acid...........................       526830  I
Terephthalic acid.......................       100210  II
Tetrabromophthalic anhydride............       632791  III
Tetrachlorobenzene (1,2,4,5-)...........        95943  I
Tetrachloroethane (1,1,2,2-)............        79345  II
Tetrachloroethylene (Perchloroethylene).       127184  I
 Tetrachlorophthalic-                          117088  III
 anhydride.
Tetraethyl lead.........................        78002  IV
Tetraethylene glycol....................       112607  I
 Tetraethylene-                                112572  V
 pentamine.
Tetrahydrofuran.........................       109999  I
Tetrahydronapthalene....................       119642  IV
Tetrahydrophthalic anhydride............        85438  II
 Tetramethylene-                               110601  II
 diamine.
Tetramethylethylenediamine..............       110189  V
Tetramethyllead.........................        75741  V
Toluene.................................       108883  I
Toluene 2,4 diamine.....................        95807  II

[[Page 174]]

 
Toluene 2,4 diisocyanate................       584849  II
Toluene diisocyanates (mixture).........     26471625  II
Toluene sulfonic acids..................       104154  III
Toluenesulfonyl chloride................        98599  III
Toluidine (o-)..........................        95534  II
 Trichloroaniline-                             634935  III
 (2,4,6-).
Trichlorobenzene (1,2,3-)...............        87616  V
Trichlorobenzene (1,2,4-)...............       120821  I
 Trichloroethane                                71556  II
 (1,1,1-)
Trichloroethane (1,1,2-) (Vinyl                 79005  II
 trichloride).
Trichloroethylene.......................        79016  I
Trichlorofluoromethane..................        75694  I
 Trichlorophenol                                95954  I
 (2,4,5-).
(1,1,2-) Trichloro                              76131  I
 (1,2,2-) trifluoroethane.
Triethanolamine.........................       102716  I
Triethylamine...........................       121448  IV
Triethylene glycol......................       112276  I
 Triethylene glycol                            112492  I
 dimethyl ether.
Triethylene glycol monoethyl ether......       112505  V
Triethylene glycol monomethyl ether.....       112356  I
Trimethylamine..........................        75503  IV
Trimethylcyclohexanol...................       933482  IV
 Trimethylcyclo-                              2408379  IV
 hexanone.
 Trimethylcyclo-                             34216347  V
 hexylamine.
Trimethylolpropane......................        77996  I
Trimethylpentane (2,2,4-)...............       540841  V
Tripropylene glycol.....................     24800440  V
Vinyl acetate...........................       108054  II
Vinyl chloride (Chloroethylene).........        75014  I
Vinyl toluene...........................     25013154  III
Vinylcyclohexene (4-)...................       100403  II
 Vinylidene chloride                            75354  II
 (1,1-dichloroethylene).
Vinyl(N-)-pyrrolidone(2-)...............        88120  V
Xanthates...............................       140896  V
Xylene sulfonic acid....................     25321419  III
Xylenes (NOS) c.........................      1330207  I
Xylene (m-).............................       108383  I
Xylene (o-).............................        95476  I
Xylene (p-).............................       106423  I
Xylenols (Mixed)........................      1300716  V
Xylidene................................      1300738  III
------------------------------------------------------------------------
a Isomer means all structural arrangements for the same number of atoms
  of each element and does not mean salts, esters, or derivatives.
b CAS Number = Chemical Abstract Service number.
c NOS = not otherwise specified.
d No CAS number assigned.


[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
61 FR 31439, June 20, 1996; 63 FR 26082, May 12, 1998]

    Table 2 to Subpart F of Part 63--Organic Hazardous Air Pollutants

------------------------------------------------------------------------
                     Chemical name a, b                        CAS No.c
------------------------------------------------------------------------
Acenaphthene................................................       83329
Acetaldehyde................................................       75070
Acetamide...................................................       60355
Acetonitrile................................................       75058
Acetophenone................................................       98862
Acrolein....................................................      107028
Acrylamide..................................................       79061
Acrylic acid................................................       79107
Acrylonitrile...............................................      107131
Alizarin....................................................       72480
Allyl chloride..............................................      107051
Aniline.....................................................       62533
Anisidine (o-)..............................................       90040
Anthracene..................................................      120127
Anthraquinone...............................................       84651
Benzene.....................................................       71432
Benzotrichloride............................................       98077
Benzyl chloride.............................................      100447
Biphenyl....................................................       92524
Bis(chloromethyl)ether......................................      542881
Bromoform...................................................       75252
Bromonaphthalene............................................    27497514
Butadiene (1,3-)............................................      106990
Carbon disulfide............................................       75150
Carbon tetrachloride........................................       56235
Chloroacetic acid...........................................       79118
Chloroacetophenone (2-).....................................      532274
Chlorobenzene...............................................      108907
2-Chloro-,1,3-butadiene (Chloroprene).......................      126998
Chloroform..................................................       67663
Chloronaphthalene...........................................    25586430
Chrysene....................................................      218019
Cresols and cresylic acids (mixed)..........................     1319773
Cresol and cresylic acid (o-)...............................       95487
Cresol and cresylic acid (m-)...............................      108394
Cresol and cresylic acid (p-)...............................      106445
Cumene......................................................       98828
Dichlorobenzene (p-)........................................      106467
Dichlorobenzidine (3,3''-)..................................       91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)...........      107062
Dichloroethylether (Bis(2-chloroethyl)ether)................      111444
Dichloropropene (1,3-)......................................      542756
Diethanolamine (2,2''-Iminodiethanol).......................      111422
Dimethylaniline (N,N-)......................................      121697
Diethyl sulfate.............................................       64675
Dimethylbenzidine (3,3''-)..................................      119937
Dimethylformamide (N,N-)....................................       68122
Dimethylhydrazine (1,1-)....................................       58147
Dimethylphthalate...........................................      131113
Dimethylsulfate.............................................       77781
Dinitrophenol (2,4-)........................................       51285
Dinitrotoluene (2,4-).......................................      121142
Dioxane (1,4-) (1,4-Diethyleneoxide)........................      123911
1,2-Diphenylhydrazine.......................................      122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................      106898
Ethyl acrylate..............................................      140885
Ethylbenzene................................................      100414
Ethyl chloride (Chloroethane)...............................       75003
Ethylene dibromide (Dibromoethane)..........................      106934
Ethylene glycol.............................................      107211
Ethylene oxide..............................................       75218
Ethylidene dichloride (1,1-Dichloroethane)..................       75343
Fluoranthene................................................      206440
Formaldehyde................................................       50000
Glycol ethersd..............................................
Hexachlorobenzene...........................................      118741
Hexachlorobutadiene.........................................       87683
Hexachloroethane............................................       67721
Hexane......................................................      110543
Hydroquinone................................................      123319
Isophorone..................................................       78591
Maleic anhydride............................................      108316
Methanol....................................................       67561
Methylbromide (Bromomethane)................................       74839
Methylchloride (Chloromethane)..............................       74873
Methyl ethyl ketone (2-Butanone)............................       78933
Methyl hydrazine............................................       60344
Methyl isobutyl ketone (Hexone).............................      108101
Methyl isocyanate...........................................      624839
Methyl methacrylate.........................................       80626

[[Page 175]]

 
Methyl tert-butyl ether.....................................     1634044
Methylene chloride (Dichloromethane)........................       75092
Methylene diphenyl diisocyanate (4,4''-) (MDI)..............      101688
Methylenedianiline (4,4''-).................................      101779
Naphthalene.................................................       91203
Naphthalene sulfonic acid ([alpha]).........................       85472
Naphthalene sulfonic acid ([beta])..........................      120183
Naphthol ([alpha])..........................................       90153
Naphthol ([beta])...........................................      135193
Naphtholsulfonic acid (1-)..................................      567180
Naphthylamine sulfonic acid (1,4-)..........................       84866
Naphthylamine sulfonic acid (2,1-)..........................       81163
Naphthylamine (1-)..........................................      134327
Naphthylamine (2-)..........................................       91598
Nitronaphthalene (1-).......................................       86577
Nitrobenzene................................................       98953
Nitrophenol (p-)............................................      100027
Nitropropane (2-)...........................................       79469
Phenanthrene................................................       85018
Phenol......................................................      108952
Phenylenediamine (p-).......................................      106503
Phosgene....................................................       75445
Phthalic anhydride..........................................       85449
Propiolactone (beta-).......................................       57578
Propionaldehyde.............................................      123386
Propylene dichloride (1,2-Dichloropropane)..................       78875
Propylene oxide.............................................       75569
Pyrene......................................................      129000
Quinone.....................................................      106514
Styrene.....................................................      100425
Tetrachloroethane (1,1,2,2-)................................       79345
Tetrachloroethylene (Perchloroethylene).....................      127184
Tetrahydronaphthalene.......................................      119642
Toluene.....................................................      108883
Toluene diamine (2,4-)......................................       95807
Toluene diisocyanate (2,4-).................................      584849
Toluidine (o-)..............................................       95534
Trichlorobenzene (1,2,4-)...................................      120821
Trichloroethane (1,1,1-) (Methyl chloroform)................       71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................       79005
Trichloroethylene...........................................       79016
Trichlorophenol (2,4,5-)....................................       95954
Triethylamine...............................................      121448
Trimethylpentane (2,2,4-)...................................      540841
Vinyl acetate...............................................      108054
Vinyl chloride (Chloroethylene).............................       75014
Vinylidene chloride (1,1-Dichloroethylene)..................       75354
Xylenes (NOS)...............................................     1330207
Xylene (m-).................................................      108383
Xylene (o-).................................................       95476
Xylene (p-).................................................      106423
------------------------------------------------------------------------
a For all Listings above containing the word ``Compounds,'' the
  following applies: Unless otherwise specified, these listings are
  defined as including any unique chemical substance that contains the
  named chemical (i.e., antimony, arsenic) as part of that chemical's
  infrastructure.
b Isomer means all structural arrangements for the same number of atoms
  of each element and does not mean salts, esters, or derivatives.
c CAS No.=Chemical Abstract Service number.
d Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
  and triethylene glycol R-(OCH2 CH2n-OR where:
 n=1, 2, or 3;
 R=alkyl or aryl groups; and
 R''=R, H or groups which, when removed, yield glycol ethers with the
  structure:
 R-(OCH2 CH2n-OH
Polymers are excluded from the glycol category.


[62 FR 2735, Jan. 17, 1997]

  Table 3 to Subpart F of Part 63--General Provisions Applicability to 
                  Subparts F, G, and H \a\ to Subpart F

------------------------------------------------------------------------
                         Applies to subparts
       Reference             F, G, and H                Comment
------------------------------------------------------------------------
63.1(a)(1).............  Yes................  Overlap clarified in Sec.
                                                63.101, Sec. 63.111,
                                               Sec. 63.161.
63.1(a)(2).............  Yes................
63.1(a)(3).............  Yes................  Sec. 63.110 and Sec.
                                               63.160(b) of subparts G
                                               and H identify which
                                               standards are overridden.
63.1(a)(4).............  No.................  Subpart F specifies
                                               applicability of each
                                               paragraph in subpart A to
                                               subparts F, G, and H.
63.1 (a)(5)--(a)(9)....  No.................
63.1(a)(10)............  No.................  Subparts F, G, and H
                                               specify calendar or
                                               operating day.
63.1(a)(11)............  No.................  Subpart F Sec. 63.103(d)
                                               specifies acceptable
                                               methods for submitting
                                               reports.a
63.1 (a)(12)--(a)(14)..  Yes................
63.1(b)(1).............  No.................  Subpart F specifies
                                               applicability.
63.1(b)(2).............  Yes................
63.1(b)(3).............  No.................
63.1(c)(1).............  No.................  Subpart F specifies
                                               applicability.
63.1(c)(2).............  No.................  Area sources are not
                                               subject to subparts F, G,
                                               and H.
63.1(c)(3).............  No.................
63.1(c)(4).............  Yes................
63.1(c)(5).............  No.................  Subparts G and H specify
                                               applicable notification
                                               requirements.
63.1(d)................  No.................
63.1(e)................  No.................  Subparts F, G, and H
                                               established before permit
                                               program.
63.2...................  Yes................  Subpart F Sec. 63.101(a)
                                               specifies those subpart A
                                               definitions that apply to
                                               the HON. Subpart F
                                               definition of ``source''
                                               is equivalent to subpart
                                               A definition of
                                               ``affected source.''
63.3...................  No.................  Units of measure are
                                               spelled out in subparts
                                               F, G, and H.
63.4 (a)(1)--(a)(3)....  Yes................
63.4(a)(4).............  No.................  This is a reserved
                                               paragraph in subpart A of
                                               part 63.
63.4(a)(5).............  Yes................
63.4(b)................  Yes................
63.4(c)................  Yes................
63.5(a)(1).............  Yes................  Except the terms
                                               ``source'' and
                                               ``stationary source'' in
                                               Sec. 63.5(a)(1) should
                                               be interpreted as having
                                               the same meaning as
                                               ``affected source.''
63.5(a)(2).............  Yes................

[[Page 176]]

 
63.5(b)(1).............  Yes................  Except Sec. 63.100(l)
                                               defines when construction
                                               or reconstruction is
                                               subject to standards for
                                               new sources.
63.5(b)(2).............  No.................  This is a reserved
                                               paragraph in subpart A of
                                               part 63.
63.5(b)(3).............  Yes................
63.5(b)(4).............  Yes................  Except the cross reference
                                               to Sec. 63.9(b) is
                                               limited to Sec. 63.9(b)
                                               (4) and (5). Subpart F
                                               overrides Sec. 63.9
                                               (b)(1) through (b)(3).
63.5(b)(5).............  Yes................
63.5(b)(6).............  Yes................  Except Sec. 63.100(l)
                                               defines when construction
                                               or reconstruction is
                                               subject to standards for
                                               new sources.
63.5(c)................  No.................  This is a reserved
                                               paragraph in subpart A of
                                               part 63.
63.5(d)(1)(i)..........  No.................  For subpart G, see Sec.
                                               63.151(b) (2)(ii) and
                                               (2)(iii) for the
                                               applicability and timing
                                               of this submittal; for
                                               subpart H, see Sec.
                                               63.182(b) (2)(ii) and
                                               (b)(2)(iii) for
                                               applicability and timing
                                               of this submittal.
63.5(d)(1)(ii).........  Yes................  Except Sec.
                                               63.5(d)(1)(ii)(H) does
                                               not apply.
63.5(d)(1)(iii)........  No.................  Subpart G requires
                                               submittal of the
                                               Notification of
                                               Compliance Status in Sec.
                                                 63.152(b); subpart H
                                               specifies requirements in
                                               Sec. 63.182(c).
63.5(d)(2).............  No.................
63.5(d)(3).............  Yes--subpart G No--  Except Sec.
                          subpart H.           63.5(d)(3)(ii) does not
                                               apply to subpart G.
63.5(d)(4).............  Yes................
63.5(e)................  Yes................
63.5(f)(1).............  Yes................
63.5(f)(2).............  Yes................  Except the cross-reference
                                               to Sec. 63.5(d)(1) is
                                               changed to Sec.
                                               63.151(b)(2)(ii) of
                                               subpart G and to Sec.
                                               63.182(b)(2)(ii) of
                                               subpart H. The cross-
                                               reference to Sec.
                                               63.5(b)(2) does not
                                               apply.
63.6(a)................  Yes................
63.6(b)(1).............  No.................  Subparts F and H specify
                                               compliance dates for
                                               sources subject to
                                               subparts F, G, and H.
63.6(b)(2).............  No.................
63.6(b)(3).............  Yes................
63.6(b)(4).............  No.................  May apply when standards
                                               are proposed under
                                               Section 112(f) of the
                                               Clean Air Act.
63.6(b)(5).............  No.................  Subparts G and H include
                                               notification
                                               requirements.
63.6(b)(6).............  No.................
63.6(b)(7).............  No.................
63.6(c)(1).............  No.................  Subpart F specifies the
                                               compliance dates for
                                               subparts G and H.
63.6(c)(2).............  No.................
63.6(c)(3).............  No.................
63.6(c)(4).............  No.................
63.6(c)(5).............  Yes................
63.6(d)................  No.................
63.6(e)................  Yes................  Except as otherwise
                                               specified for individual
                                               paragraphs. Does not
                                               apply to Group 2 emission
                                               points unless they are
                                               included in an emissions
                                               average.b
63.6(e)(1)(i)..........  No.................  This is addressed by Sec.
                                                63.102(a)(4) of subpart
                                               F.
63.6(e)(1)(ii).........  Yes................
63.6(e)(1)(iii)........  Yes................
63.6(e)(2).............  Yes................
63.6(e)(3)(i)..........  Yes................  For subpart H, the
                                               startup, shutdown, and
                                               malfunction plan
                                               requirement of Sec.
                                               63.6(e)(3)(i) is limited
                                               to control devices
                                               subject to the provisions
                                               of subpart H and is
                                               optional for other
                                               equipment subject to
                                               subpart H. The startup,
                                               shutdown, and malfunction
                                               plan may include written
                                               procedures that identify
                                               conditions that justify a
                                               delay of repair.
63.6(e)(3)(i)(A).......  No.................  This is addressed by Sec.
                                                63.102(a)(4).
63.6(e)(3)(i)(B).......  Yes................
63.6(e)(3)(i)(C).......  Yes................
63.6(e)(3)(ii).........  Yes................
63.6(e)(3)(iii)........  No.................  Recordkeeping and
                                               reporting are specified
                                               in Sec. 63.103(c)(2) of
                                               subpart F and Sec.
                                               63.152(d)(1) of subpart
                                               G.
63.6(e)(3)(iv).........  No.................  Recordkeeping and
                                               reporting are specified
                                               in Sec. 63.103(c)(2) of
                                               subpart F and Sec.
                                               63.152(d)(1) of subpart
                                               G.
63.6(e)(3)(v)..........  No.................  Records retention
                                               requirements are
                                               specified in Sec.
                                               63.103(c).
63.6(e)(3)(vi).........  Yes................
63.6(e)(3)(vii)........  Yes................
63.6(e)(3)(vii)(A).....  Yes................
63.6(e)(3)(vii)(B).....  Yes................  Except the plan must
                                               provide for operation in
                                               compliance with Sec.
                                               63.102(a)(4).
63.6(e)(3)(vii)(C).....  Yes................
63.6(e)(3)(viii).......  Yes................
63.6(f)(1).............  No.................  Sec. 63.102(a) of
                                               subpart F specifies when
                                               the standards apply.
63.6(f)(2)(i)..........  Yes................
63.6(f)(2)(ii).........  Yes--subpart G No--  Sec. 63.152(c)(2) of
                          subpart H.           subpart G specifies the
                                               use of monitoring data in
                                               determining compliance
                                               with subpart G.
63.6(f)(2)(iii) (A),     Yes................
 (B), and (C).

[[Page 177]]

 
63.6(f)(2)(iii)(D).....  No.................
63.6(f)(2)(iv).........  Yes................
63.6(f)(2)(v)..........  Yes................
63.6(f)(3).............  Yes................
63.6(g)................  No.................  Procedures specified in
                                               Sec. 63.102(b) of
                                               subpart F.
63.6(h)................  No.................
63.6(i)(1).............  Yes................
63.6(i)(2).............  Yes................
63.6(i)(3).............  No.................  For subpart G, Sec.
                                               63.151(a)(6) specifies
                                               procedures; for subpart
                                               H, Sec. 63.182(a)(6)
                                               specifies procedures.
63.6(i)(4)(i)(A).......  Yes................
63.6(i)(4)(i)(B).......  No.................  Dates are specified in
                                               Sec. 63.151(a)(6)(i) of
                                               subpart G and Sec.
                                               63.182(a)(6)(i) of
                                               subpart H.
63.6(i)(4)(ii).........  No.................
63.6(i) (5)--(14)......  Yes................
63.6(i)(15)............  No.................
63.6(i)(16)............  Yes................
63.6(j)................  Yes................
63.7(a)(1).............  No.................  Subparts F, G, and H
                                               specify required testing
                                               and compliance
                                               demonstration procedures.
63.7(a)(2).............  No.................  For subpart G, test
                                               results must be submitted
                                               in the Notification of
                                               Compliance Status due 150
                                               days after compliance
                                               date, as specified in
                                               Sec. 63.152(b); for
                                               subpart H, all test
                                               results subject to
                                               reporting are reported in
                                               periodic reports.
63.7(a)(3).............  Yes................
63.7(b)................  No.................
63.7(c)................  No.................
63.7(d)................  Yes................
63.7(e)(1).............  Yes................
63.7(e)(2).............  Yes................
63.7(e)(3).............  No.................  Subparts F, G, and H
                                               specify test methods and
                                               procedures.
63.7(e)(4).............  Yes................
63.7(f)................  No.................  Subparts F, G, and H
                                               specify applicable
                                               methods and provide
                                               alternatives.
63.7(g)................  No.................  Performance test reporting
                                               specified in Sec.
                                               63.152(b) of subpart G:
                                               Not applicable to subpart
                                               H because no performance
                                               test required by subpart
                                               H.
63.7(h)(1).............  Yes................
63.7(h)(2).............  Yes................
63.7(h)(3).............  No.................  Sec. 63.103(b)(5) of
                                               subpart F specifies
                                               provisions for requests
                                               to waive performance
                                               tests.
63.7(h)(4).............  No.................
63.7(h)(5).............  Yes................
63.8(a)(1).............  Yes................
63.8(a)(2).............  No.................
63.8(a)(3).............  No.................
63.8(a)(4).............  Yes................
63.8(b)(1).............  Yes................
63.8(b)(2).............  No.................  Subparts G and H specify
                                               locations to conduct
                                               monitoring.
63.8(b)(3).............  Yes................
63.8(c)(1)(i)..........  Yes................
63.8(c)(1)(ii).........  No.................  For subpart G, submit as
                                               part of periodic report
                                               required by Sec.
                                               63.152(c); for subpart H,
                                               retain as required by
                                               Sec. 63.181(g)(2)(ii).
63.8(c)(1)(iii)........  Yes................
63.8(c)(2).............  Yes................
63.8(c)(3).............  Yes................
63.8(c)(4).............  No.................  Subpart G specifies
                                               monitoring frequency by
                                               kind of emission point
                                               and control technology
                                               used (e.g., Sec.
                                               63.111, Sec.
                                               63.120(d)(2), Sec.
                                               63.143, and Sec.
                                               63.152(f)); subpart H
                                               does not require use of
                                               continuous monitoring
                                               systems.
63.8 (c)(5)-(c)(8).....  No.................
63.8(d)................  No.................
63.8(e)................  No.................
63.8 (f)(1)-(f)(3).....  Yes................
63.8(f)(4)(i)..........  No.................  Timeframe for submitting
                                               request specified in Sec.
                                                 63.151(f) or (g) of
                                               subpart G; not applicable
                                               to subpart H because
                                               subpart H specifies
                                               acceptable alternative
                                               methods.
63.8(f)(4)(ii).........  Yes................
63.8(f)(4)(iii)........  No.................
63.8(f)(5)(i)..........  Yes................
63.8(f)(5)(ii).........  No.................
63.8(f)(5)(iii)........  Yes................
63.8(f)(6).............  No.................  Subparts G and H do not
                                               require continuous
                                               emission monitoring.
63.8(g)................  No.................  Data reduction procedures
                                               specified in Sec.
                                               63.152(f) and (g) of
                                               subpart G; not applicable
                                               to subpart H.
63.9(a)................  Yes................
63.9(b)(1).............  No.................  Specified in Sec.
                                               63.151(b)(2) of subpart
                                               G; specified in Sec.
                                               63.182(b) of subpart H.
63.9(b)(2).............  No.................  Initial Notification
                                               provisions are specified
                                               in Sec. 63.151(b) of
                                               subpart G; in Sec.
                                               63.182(b) of subpart H.
63.9(b)(3).............  No.................

[[Page 178]]

 
63.9(b)(4).............  Yes................  Except that the
                                               notification in Sec.
                                               63.9(b)(4)(i) shall be
                                               submitted at the time
                                               specified in Sec.
                                               63.151(b)(2)(ii) of
                                               subpart G; in Sec.
                                               63.182(b)(2) of subpart
                                               H.
63.9(b)(5).............  Yes................  Except that the
                                               notification in Sec.
                                               63.9(b)(5) shall be
                                               submitted at the time
                                               specified in Sec.
                                               63.151(b)(2)(ii) of
                                               subpart G; in Sec.
                                               63.182 (b)(2) of subpart
                                               H.
63.9(c)................  Yes................
63.9(d)................  Yes................
63.9(e)................  No.................
63.9(f)................  No.................
63.9(g)................  No.................
63.9(h)................  No.................  Sec. 63.152(b) of
                                               subpart G and Sec.
                                               63.182 (c) of subpart H
                                               specify Notification of
                                               Compliance Status
                                               requirements.
63.9(i)................  Yes................
63.9(j)................  No.................
63.10(a)...............  Yes................
63.10(b)(1)............  No.................  Sec. 63.103(c) of
                                               subpart F specifies
                                               record retention
                                               requirements.
63.10(b)(2)............  No.................  Sec. 63.103(c) of
                                               subpart F specifies
                                               required records.
63.10(b)(3)............  No.................
63.10(c)...............  No.................
63.10(d)(1)............  No.................
63.10(d)(2)............  No.................  Sec. 63.152(b) of
                                               subpart G specifies
                                               performance test
                                               reporting; not applicable
                                               to subpart H.
63.10(d)(3)............  No.................
63.10(d)(4)............  Yes................
63.10(d)(5)............  Yes................  Except that reports
                                               required by Sec.
                                               63.10(d)(5) shall be
                                               submitted at the time
                                               specified in Sec.
                                               63.152(d) of subpart G
                                               and in Sec. 63.182(d)
                                               of subpart H.
63.10(e)...............  No.................
63.10(f)...............  Yes................
63.11-63.15............  Yes................
------------------------------------------------------------------------
 a Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  necessarily required.
 b The plan, and any records or reports of start-up, shutdown, and
  malfunction do not apply to Group 2 emission points unless they are
  included in an emissions average.


[62 FR 2737, Jan. 17, 1997]

   Table 4 to Subpart F of Part 63--Organic Hazardous Air Pollutants 
    Subject to Cooling Tower Monitoring Requirements in Sec. 63.104

------------------------------------------------------------------------
                                                                  CAS
                        Chemical name                          Number a
------------------------------------------------------------------------
Acetaldehyde................................................       75070
Acetonitrile................................................       75058
Acetophenone................................................       98862
Acrolein....................................................      107028
Acrylonitrile...............................................      107131
Allyl chloride..............................................      107051
Aniline.....................................................       62533
Anisidine (o-)..............................................       90040
Benzene.....................................................       71432
Benzyl chloride.............................................      100447
Biphenyl....................................................       92524
Bromoform...................................................       75252
Butadiene (1,3-)............................................      106990
Carbon disulfide............................................       75150
Carbon tetrachloride........................................       56235
Chloroacetophenone (2-).....................................      532274
Chlorobenzene...............................................      108907
2-Chloro-1,3-butadiene (Chloroprene)........................      126998
Chloroform..................................................       67663
Cresol and cresylic acid (o-)...............................       95487
Cresol and cresylic acid (m-)...............................      108394
Cresol and cresylic acid (p-)...............................      106445
Cumene......................................................       98828
Dichlorobenzene (p-)........................................      106467
Dichlorobenzidine (3,3''-)..................................       91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)...........      107062
Dichloroethyl ether (Bis(2-chloroethyl)ether)...............      111444
Dichloropropene (1,3-)......................................      542756
Diethylene glycol diethyl ether.............................      112367
Diethylene glycol dimethyl ether............................      111966
Diethyl sulfate.............................................       64675
Dimethylaniline (N,N-)......................................      121697
Dimethylhydrazine (1,1-)....................................       57147
Dimethyl phthalate..........................................      131113
Dimethyl sulfate............................................       77781
Dinitrophenol (2,4-)........................................       51285
Dinitrotoluene (2,4-).......................................      121142
Dioxane (1,4-) (1,4-Diethyleneoxide)........................      123911
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................      106898
Ethyl acrylate..............................................      140885
Ethylbenzene................................................      100414
Ethyl chloride (Chloroethane)...............................       75003
Ethylene dibromide (Dibromoethane)..........................      106934
Ethylene glycol dimethyl ether..............................      110714
Ethylene glycol monobutyl ether.............................      111762
Ethylene glycol monobutyl ether acetate.....................      112072
Ethylene glycol monoethyl ether acetate.....................      111159
Ethylene glycol monoethyl ether.............................      110805
Ethylene glycol monomethyl ether............................      109864
Ethylene glycol monomethyl ether acetate....................      110496
Ethylene glycol monopropyl ether............................     2807309
Ethylene oxide..............................................       75218
Ethylidene dichloride (1,1-Dichloroethane)..................       75343
Formaldehyde................................................       50000
Hexachlorobenzene...........................................      118741
Hexachlorobutadiene.........................................       87683
Hexachloroethane............................................       67721
Hexane......................................................      110543
Isophorone..................................................       78591

[[Page 179]]

 
Methanol....................................................       67561
Methyl bromide (Bromomethane)...............................       74839
Methyl chloride (Chloromethane).............................       74873
Methyl ethyl ketone (2-Butanone)............................       78933
Methyl hydrazine............................................       60344
Methyl isobutyl ketone (Hexone).............................      108101
Methyl methacrylate.........................................       80626
Methyl tert-butyl ether.....................................     1634044
Methylene chloride (Dichloromethane)........................       75092
Methylenedianiline (4,4''-).................................      101779
Naphthalene.................................................       91203
Nitrobenzene................................................       98953
Nitropropane (2-)...........................................       79469
Phenol......................................................      108952
Phenylenediamine (p-).......................................      106503
Phosgene....................................................       75445
Propionaldehyde.............................................      123386
Propylene dichloride (1,2-Dichloropropane)..................       78875
Propylene oxide.............................................       75569
Quinone.....................................................      106514
Styrene.....................................................      100425
Tetrachloroethane (1,1,2,2-)................................       79345
Tetrachloroethylene (Perchloroethylene).....................      127184
Toluene.....................................................      108883
Toluidine (o-)..............................................       95534
Trichlorobenzene (1,2,4-)...................................      120821
Trichloroethane (1,1,1-) (Methyl chloroform)................       71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................       79005
Trichloroethylene...........................................       79016
Trichlorophenol (2,4,5-)....................................       95954
Triethylamine...............................................      121448
Trimethylpentane (2,2,4-)...................................      540841
Vinyl acetate...............................................      108054
Vinyl chloride (chloroethylene).............................       75014
Vinylidene chloride (1,1-Dichloroethylene)..................       75354
Xylene (m-).................................................      108383
Xylene (o-).................................................       95476
Xylene (p-).................................................      106423
------------------------------------------------------------------------
a CAS Number=Chemical Abstract Service number.


[62 FR 2740, Jan. 17, 1997]



    Subpart G_National Emission Standards for Organic Hazardous Air 
 Pollutants From the Synthetic Organic Chemical Manufacturing Industry 
 for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

    Source: 59 FR 19468, Apr. 22, 1994, unless otherwise noted.



Sec. 63.110  Applicability.

    (a) This subpart applies to all process vents, storage vessels, 
transfer racks, wastewater streams, and in-process equipment subject to 
Sec. 63.149 within a source subject to subpart F of this part.
    (b) Overlap with other regulations for storage vessels. (1) After 
the compliance dates specified in Sec. 63.100 of subpart F of this 
part, a Group 1 or Group 2 storage vessel that is also subject to the 
provisions of 40 CFR part 60, subpart Kb is required to comply only with 
the provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 storage vessel that is also subject to the 
provisions of 40 CFR part 61, subpart Y is required to comply only with 
the provisions of this subpart.
    (3) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 2 storage vessel that is also subject to the 
provisions of 40 CFR part 61, subpart Y is required to comply only with 
the provisions of 40 CFR part 61, subpart Y. The recordkeeping and 
reporting requirements of 40 CFR part 61, subpart Y will be accepted as 
compliance with the recordkeeping and reporting requirements of this 
subpart.
    (c) Overlap with other regulations for transfer racks. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, a 
Group 1 transfer rack that is also subject to the provisions of 40 CFR 
part 61, subpart BB is required to comply only with the provisions of 
this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 2 transfer rack that is also subject to the 
provisions of 40 CFR part 61, subpart BB is required to comply with the 
provisions of either paragraph (c)(2)(i) or (c)(2)(ii) of this subpart.
    (i) If the transfer rack is subject to the control requirements 
specified in Sec. 61.302 of 40 CFR part 61, subpart BB, then the 
transfer rack is required to comply with the control requirements of 
Sec. 61.302 of 40 CFR part 61, subpart BB. The owner or operator may 
elect to comply with either the associated testing, monitoring, 
reporting, and recordkeeping requirements of 40 CFR part 61, subpart BB 
or with the testing, monitoring, recordkeeping, and reporting 
requirements specified in this subpart for Group 1 transfer racks. The 
owner or operator shall indicate this decision in either the 
Notification of Compliance Status specified in Sec. 63.152(b) of this 
subpart or in an operating permit application or amendment.

[[Page 180]]

    (ii) If the transfer rack is subject only to reporting and 
recordkeeping requirements under 40 CFR part 61, subpart BB, then the 
transfer rack is required to comply only with the reporting and 
recordkeeping requirements specified in this subpart for Group 2 
transfer racks and is exempt from the reporting and recordkeeping 
requirements in 40 CFR part 61, subpart BB.
    (d) Overlap with other regulations for process vents. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, a 
Group 1 process vent that is also subject to the provisions of 40 CFR 
part 60, subpart III is required to comply only with the provisions of 
this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart III shall 
determine requirements according to paragraphs (d)(2)(i) and (d)(2)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart III, the process 
vent is required to comply with the provisions in paragraphs 
(d)(2)(i)(A) through (d)(2)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.612 of 40 CFR part 60, 
subpart III. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60, subpart III or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60, subpart 
III, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart III require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart III require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60, subpart III for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (3) After the compliance dates specified in 63.100 of subpart F of 
this part, if an owner or operator of a process vent subject to this 
subpart that is also subject to the provisions of 40 CFR part 60, 
subpart III elects to control the process vent to the levels required in 
Sec. 63.113 (a)(1) or (a)(2) of this subpart without calculating the 
TRE index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions of 
this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 60, subpart III.
    (4) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part,

[[Page 181]]

a Group 1 process vent that is also subject to the provisions of 40 CFR 
part 60, subpart NNN is required to comply only with the provisions of 
this subpart.
    (5) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart NNN shall 
determine requirements according to paragraphs (d)(5)(i) and (d)(5)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart NNN, the process 
vent is required to comply with the provisions in paragraphs 
(d)(5)(i)(A) through (d)(5)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.662 of 40 CFR part 60, 
subpart NNN. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60, subpart NNN or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60, subpart 
NNN, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart NNN require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart NNN require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60, subpart NNN for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (6) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 60, 
subpart NNN elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in Sec. 
63.115(d) of this subpart then the owner or operator shall comply with 
the testing, monitoring, reporting, and recordkeeping provisions of this 
subpart and shall be exempt from the testing, monitoring, reporting, and 
recordkeeping provisions of 40 CFR part 60, subpart NNN.
    (7) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 process vent that is also subject to the 
provisions of 40 CFR part 60, subpart RRR is required to comply only 
with the provisions of this subpart.
    (8) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart

[[Page 182]]

RRR shall determine requirements according to paragraphs (d)(8)(i) and 
(d)(8)(ii) of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart RRR, the process 
vent is required to comply with the provisions in paragraphs 
(d)(8)(i)(A) through (d)(8)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.702 of 40 CFR part 60, 
subpart RRR. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60, subpart RRR or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60, subpart 
RRR, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(8)(ii)(A) through (d)(8)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart RRR require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart RRR require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60, subpart RRR for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (9) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 60, 
subpart RRR elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in Sec. 
63.115(d) of this subpart then the owner or operator shall comply with 
the testing, monitoring, reporting, and recordkeeping provisions of this 
subpart and shall be exempt from the testing, monitoring, reporting, and 
recordkeeping provisions of 40 CFR part 60, subpart RRR.
    (10) As an alternative to the requirements of paragraphs (d)(2), 
(d)(3), (d)(5), (d)(6), (d)(8), and/or (d)(9) of this section as 
applicable, if a chemical manufacturing process unit has equipment 
subject to the provisions of this subpart and equipment subject to the 
provisions of 40 CFR part 60, subpart III, NNN, or RRR, the owner or 
operator may elect to apply this subpart to all such equipment in the 
chemical manufacturing process unit. If the owner or operator elects 
this method of compliance, all total organic compounds minus methane and 
ethane, in such equipment shall be considered for purposes of 
applicability and compliance with this subpart, as if they were organic 
hazardous air pollutants. Compliance with the provisions of this 
subpart, in the manner described in this paragraph, shall be deemed to 
constitute compliance with 40 CFR part 60, subpart III, NNN, or RRR, as 
applicable.

[[Page 183]]

    (e) Overlap with other regulations for wastewater. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, 
the owner or operator of a Group 1 or Group 2 wastewater stream that is 
also subject to the provisions of 40 CFR part 61, subpart FF is required 
to comply with the provisions of both this subpart and 40 CFR part 61, 
subpart FF. Alternatively, the owner or operator may elect to comply 
with the provisions of paragraphs (e)(1)(i) and (e)(1)(ii) of this 
section, which shall constitute compliance with the provisions of 40 CFR 
part 61, subpart FF.
    (i) Comply with the provisions of this subpart; and
    (ii) For any Group 2 wastewater stream or organic stream whose 
benzene emissions are subject to control through the use of one or more 
treatment processes or waste management units under the provisions of 40 
CFR part 61, subpart FF on or after December 31, 1992, comply with the 
requirements of this subpart for Group 1 wastewater streams.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of any Group 1 or Group 2 
wastewater stream that is also subject to provisions in 40 CFR parts 260 
through 272 shall comply with the requirements of either paragraph 
(e)(2)(i) or (e)(2)(ii) of this section.
    (i) For each Group 1 or Group 2 wastewater stream, the owner or 
operator shall comply with the more stringent control requirements 
(e.g., waste management units, numerical treatment standards, etc.) and 
the more stringent testing, monitoring, recordkeeping, and reporting 
requirements that overlap between the provisions of this subpart and the 
provisions of 40 CFR parts 260 through 272. The owner or operator shall 
keep a record of the information used to determine which requirements 
were the most stringent and shall submit this information if requested 
by the Administrator; or
    (ii) The owner or operator shall submit, no later than four months 
before the applicable compliance date specified in Sec. 63.100 of 
subpart F of this part, a request for a case-by-case determination of 
requirements. The request shall include the information specified in 
paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.
    (A) Identification of the wastewater streams that are subject to 
this subpart and to provisions in 40 CFR parts 260 through 272, 
determination of the Group 1/Group 2 status of those streams, 
determination of whether or not those streams are listed or exhibit a 
characteristic as specified in 40 CFR part 261, and determination of 
whether the waste management unit is subject to permitting under 40 CFR 
part 270.
    (B) Identification of the specific control requirements (e.g., waste 
management units, numerical treatment standards, etc.) and testing, 
monitoring, recordkeeping, and reporting requirements that overlap 
between the provisions of this subpart and the provisions of 40 CFR 
parts 260 through 272.
    (f) Overlap with the Vinyl Chloride NESHAP. (1) After the compliance 
dates specified in Sec. 63.100 of subpart F of this part, the owner or 
operator of any Group 1 process vent that is also subject to the 
provisions of 40 CFR part 61, subpart F shall comply only with the 
provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of any Group 2 process vent that 
is also subject to the provisions of 40 CFR part 61, subpart F shall 
comply with the provisions specified in either paragraph (f)(2)(i) or 
(f)(2)(ii) of this subpart.
    (i) If the process vent is already controlled by a combustion device 
meeting the requirements of 40 CFR part 61, subpart F, then the owner or 
operator shall comply with either the associated testing, monitoring, 
reporting, and recordkeeping provisions for Group 1 process vents in 
this subpart or the testing, monitoring, reporting, and recordkeeping 
provisions of 40 CFR part 61, subpart F. The owner or operator shall 
indicate this decision in either the Notification of Compliance Status 
specified in Sec. 63.152(b) of this subpart or in an operating permit 
application or amendment.
    (ii) If the process vent is not already controlled by a combustion 
device, then the owner or operator shall comply with the provisions of 
both this subpart and 40 CFR part 61, subpart F.

[[Page 184]]

    (3) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 61, 
subpart F elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in Sec. 
63.115(d) of this subpart then the owner or operator shall comply with 
the testing, monitoring, reporting, and recordkeeping provisions of this 
subpart and shall be exempt from the testing, monitoring, reporting, and 
recordkeeping provisions of 40 CFR part 61, subpart F.
    (4) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 1 or Group 2 wastewater 
stream that is also subject to the provisions of 40 CFR part 61, subpart 
F shall comply with the provisions of either paragraph (f)(4)(i) or 
(f)(4)(ii) of this section.
    (i) The owner or operator shall comply with the provisions of both 
this subpart and 40 CFR part 61, subpart F or
    (ii) The owner or operator may submit, no later than four months 
before the applicable compliance date specified in Sec. 63.100 of 
subpart F of this part, information demonstrating how compliance with 40 
CFR Part 61, subpart F, will also ensure compliance with this subpart. 
The information shall include a description of the testing, monitoring, 
reporting, and recordkeeping that will be performed.
    (g) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart G is stayed from 
October 24, 1994, to April 24, 1995, only as applied to those sources 
for which the owner or operator makes a representation in writing to the 
Administrator that the resolution of the area source definition issues 
could have an effect on the compliance status of the source with respect 
to subpart G.
    (h) Overlap with other regulations for monitoring, recordkeeping, or 
reporting with respect to combustion devices, recovery devices, or 
recapture devices. After the compliance dates specified in Sec. 63.100 
of subpart F of this part, if any combustion device, recovery device, or 
recapture device subject to this subpart is also subject to monitoring, 
recordkeeping, and reporting requirements in 40 CFR part 264, subpart AA 
or CC, or is subject to monitoring and recordkeeping requirements in 40 
CFR part 265, subpart AA or CC and the owner or operator complies with 
the periodic reporting requirements under 40 CFR part 264, subpart AA or 
CC that would apply to the device if the facility had final-permitted 
status, the owner or operator may elect to comply either with the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
or with the monitoring, recordkeeping, and reporting requirements in 40 
CFR parts 264 and/or 265, as described in this paragraph, which shall 
constitute compliance with the monitoring, recordkeeping, and reporting 
requirements of this subpart. The owner or operator shall identify which 
option has been selected in the Notification of Compliance Status 
required by Sec. 63.152(b).
    (i) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators of CMPU that are subject to Sec. 63.100 may 
choose to comply with the provisions of 40 CFR part 65 for all Group 1 
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer 
operations, and equipment that are subject to Sec. 63.100, that are 
part of the CMPU. Other provisions applying to owners or operators who 
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. Group 
1 and Group 2 wastewater streams, Group 2 transfer operations, Group 2 
storage vessels, and in-process streams are not eligible to comply with 
40 CFR part 65 and must continue to comply with the requirements of this 
subpart and subpart F of this part.
    (i) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart 
D, satisfies the requirements of Sec. Sec. 63.102, 63.103, 63.112 
through 63.118, 63.148, 63.151, and 63.152.
    (ii) For Group 1 storage vessels, 40 CFR part 65, subpart C, 
satisfies the requirements of Sec. Sec. 63.102, 63.103, 63.112, 63.119 
through 63.123, 63.148, 63.151, and 63.152.

[[Page 185]]

    (iii) For Group 1 transfer racks, 40 CFR part 65, subpart E, 
satisfies the requirements of Sec. Sec. 63.102, 63.103, 63.112, 63.126 
through 63.130, 63.148, 63.151, and 63.152.
    (iv) For equipment, comply with Sec. 65.160(g).
    (2) Part 63, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65 must also comply with the applicable general 
provisions of this part 63 listed in table 1A of this subpart. All 
sections and paragraphs of subpart A of this part that are not mentioned 
in table 1A of this subpart do not apply to owners or operators who 
choose to comply with 40 CFR part 65, except that provisions required to 
be met prior to implementing 40 CFR part 65 still apply. Owners and 
operators who choose to comply with a subpart of 40 CFR part 65 must 
comply with 40 CFR part 65, subpart A.

[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 
60 FR 5321, Jan. 27, 1995; 61 FR 64575, Dec. 5, 1996; 62 FR 2742, Jan. 
17, 1997; 65 FR 78284, Dec. 14, 2000; 66 FR 6929, Jan. 22, 2001]



Sec. 63.111  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in subpart F of this part, and in this section, as follows.
    Air oxidation reactor means a device or vessel in which air, or a 
combination of air and oxygen, is used as an oxygen source in 
combination with one or more organic reactants to produce one or more 
organic compounds. Air oxidation reactor includes the product separator 
and any associated vacuum pump or steam jet.
    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec. 63.144(b) of this 
subpart.
    Annual average flow rate, as used in the wastewater provisions, 
means the annual average flow rate, as determined according to the 
procedures specified in Sec. 63.144(c).
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems and strip charts.
    Batch operation means a noncontinuous operation in which a discrete 
quantity or batch of feed is charged into a unit operation within a 
chemical manufacturing process unit and distilled or reacted at one 
time. Batch operation includes noncontinuous operations in which the 
equipment is fed intermittently or discontinuously. Addition of raw 
material and withdrawal of product do not occur simultaneously in a 
batch operation. After each batch operation, the equipment is generally 
emptied before a fresh batch is started.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator. Boiler also means 
any industrial furnace as defined in 40 CFR 260.10.
    By compound means by individual stream components, not carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Chemical manufacturing process unit means the equipment assembled 
and connected by pipes or ducts to process raw materials and to 
manufacture an intended product. A chemical manufacturing process unit 
consists of more than one unit operation. For the purpose of this 
subpart, chemical manufacturing process unit includes air oxidation 
reactors and their associated product separators and recovery devices; 
reactors and their associated product separators and recovery devices; 
distillation units and their associated distillate receivers and 
recovery devices; associated unit operations; associated recovery 
devices; and any feed, intermediate and product storage vessels, product 
transfer racks, and connected ducts and piping. A chemical manufacturing 
process unit includes pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or

[[Page 186]]

lines, valves, connectors, instrumentation systems, and control devices 
or systems. A chemical manufacturing process unit is identified by its 
primary product.
    Closed biological treatment process means a tank or surface 
impoundment where biological treatment occurs and air emissions from the 
treatment process are routed to either a control device by means of a 
closed vent system or to a fuel gas system by means of hard-piping. The 
tank or surface impoundment has a fixed roof, as defined in Sec. 63.111 
of this subpart, or a floating flexible membrane cover that meets the 
requirements specified in Sec. 63.134 of this subpart.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic hazardous air pollutant emissions.
    Container, as used in the wastewater provisions, means any portable 
waste management unit that has a capacity greater than or equal to 0.1 m 
3 in which a material is stored, transported, treated, or 
otherwise handled. Examples of containers are drums, barrels, tank 
trucks, barges, dumpsters, tank cars, dump trucks, and ships.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.152(f) or 
Sec. 63.152(g) of this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minute or more frequent block average values.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage vessel and 
the edge of the floating roof. A continuous seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Continuous vapor processing system means a vapor processing system 
that treats total organic compound vapors collected from tank trucks or 
railcars on a demand basis without intermediate accumulation in a vapor 
holder.
    Control device means any combustion device, recovery device, or 
recapture device. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, 
and process heaters. For process vents, recapture devices are considered 
control devices but recovery devices are not considered control devices, 
and for a steam stripper, a primary condenser is not considered a 
control device.
    Cover, as used in the wastewater provisions, means a device or 
system which is placed on or over a waste management unit containing 
wastewater or residuals so that the entire surface area is enclosed to 
minimize air emissions. A cover may have openings necessary for 
operation, inspection, and maintenance of the waste management unit such 
as access hatches, sampling ports, and gauge wells provided that each 
opening is closed when not in use. Examples of covers include a fixed 
roof installed on a wastewater tank, a lid installed on a container, and 
an air-supported enclosure installed over a waste management unit.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.

[[Page 187]]

    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Enhanced biological treatment system or enhanced biological 
treatment process means an aerated, thoroughly mixed treatment unit(s) 
that contains biomass suspended in water followed by a clarifier that 
removes biomass from the treated water and recycles recovered biomass to 
the aeration unit. The mixed liquor volatile suspended solids (biomass) 
is greater than 1 kilogram per cubic meter throughout each aeration 
unit. The biomass is suspended and aerated in the water of the aeration 
unit(s) by either submerged air flow or mechanical agitation. A 
thoroughly mixed treatment unit is a unit that is designed and operated 
to approach or achieve uniform biomass distribution and organic compound 
concentration throughout the aeration unit by quickly dispersing the 
recycled biomass and the wastewater entering the unit.
    External floating roof means a pontoon-type or double-deck-type 
cover that rests on the liquid surface in a storage vessel or waste 
management unit with no fixed roof.
    Fill or filling means the introduction of organic hazardous air 
pollutant into a storage vessel or the introduction of a wastewater 
stream or residual into a waste management unit, but not necessarily to 
complete capacity.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere.
    Fixed roof means a cover that is mounted on a waste management unit 
or storage vessel in a stationary manner and that does not move with 
fluctuations in liquid level.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, internal floating cover or covered floating roof, which 
rests upon and is supported by the liquid being contained, and is 
equipped with a closure seal or seals to close the space between the 
roof edge and waste management unit or storage vessel wall.
    Flow indicator means a device which indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous stream(s) generated by onsite operations, 
may blend them with other sources of gas, and transports the gaseous 
stream for use as fuel gas in combustion devices, or in-process 
combustion equipment such as furnaces and gas turbines, either singly or 
in combination.
    Group 1 process vent means a process vent for which the vent stream 
flow rate is greater than or equal to 0.005 standard cubic meter per 
minute, the total organic HAP concentration is greater than or equal to 
50 parts per million by volume, and the total resource effectiveness 
index value, calculated according to Sec. 63.115, is less than or equal 
to 1.0.
    Group 2 process vent means a process vent for which the vent stream 
flow rate is less than 0.005 standard cubic meter per minute, the total 
organic HAP concentration is less than 50 parts per million by volume or 
the total resource effectiveness index value, calculated according to 
Sec. 63.115, is greater than 1.0.
    Group 1 storage vessel means a storage vessel that meets the 
criteria for design storage capacity and stored-liquid maximum true 
vapor pressure specified in table 5 of this subpart for storage vessels 
at existing sources, and in table 6 of this subpart for storage vessels 
at new sources.
    Group 2 storage vessel means a storage vessel that does not meet the 
definition of a Group 1 storage vessel.
    Group 1 transfer rack means a transfer rack that annually loads 
greater than or equal to 0.65 million liter of liquid products that 
contain organic hazardous air pollutants with a rack weighted average 
vapor pressure greater than or equal to 10.3 kilopascals.
    Group 2 transfer rack means a transfer rack that does not meet the 
definition of Group 1 transfer rack.

[[Page 188]]

    Group 1 wastewater stream means a wastewater stream consisting of 
process wastewater as defined in Sec. 63.101 of subpart F at an 
existing or new source that meets the criteria for Group 1 status in 
Sec. 63.132(c) of this subpart for Table 9 compounds and/or a 
wastewater stream consisting of process wastewater at a new source that 
meets the criteria for Group 1 status in Sec. 63.132(d) of this subpart 
for Table 8 compounds.
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogenated vent stream or halogenated stream means a vent stream 
from a process vent or transfer operation determined to have a mass 
emission rate of halogen atoms contained in organic compounds of 0.45 
kilograms per hour or greater determined by the procedures presented in 
Sec. 63.115(d)(2)(v) of this subpart.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine 
(Br2), and hydrogen fluoride (HF).
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards such as American 
National Standards Institute (ANSI) B31-3.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas. The above energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Individual drain system means the stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes hard-piping, all process drains 
and junction boxes, together with their associated sewer lines and other 
junction boxes, manholes, sumps, and lift stations, conveying wastewater 
streams or residuals. A segregated stormwater sewer system, which is a 
drain and collection system designed and operated for the sole purpose 
of collecting rainfall runoff at a facility, and which is segregated 
from all other individual drain systems, is excluded from this 
definition.
    Intermittent vapor processing system means a vapor processing system 
that employs an intermediate vapor holder to accumulate total organic 
compound vapors collected from tank trucks or railcars, and treats the 
accumulated vapors only during automatically controlled cycles.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it) inside 
a storage vessel or waste management unit that has a permanently affixed 
roof.
    Junction box means a manhole or access point to a wastewater sewer 
line or a lift station.
    Liquid-mounted seal means a foam- or liquid-filled seal mounted in 
contact with the liquid between the wall of the storage vessel or waste 
management unit and the floating roof. The seal is mounted continuously 
around the circumference of the vessel or unit.
    Loading cycle means the time period from the beginning of filling a 
tank truck or railcar until flow to the control device ceases, as 
measured by the flow indicator.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e., do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP's in the stored or transferred liquid 
at the temperature equal to the highest calendar-month average of the 
liquid storage or transfer temperature for liquids stored or transferred 
above or below the ambient temperature or at the local maximum monthly 
average temperature as reported by the National Weather Service for 
liquids stored or transferred at

[[Page 189]]

the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-Roof 
Tanks (incorporated by reference as specified in Sec. 63.14 of subpart 
A of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 or 96 (incorporated by reference as specified in Sec. 
63.14 of subpart A of this part); or
    (4) Any other method approved by the Administrator.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage vessel by springs, 
weighted levers, or other mechanisms and connected to the floating roof 
by braces or other means. A flexible coated fabric (envelope) spans the 
annular space between the metal sheet and the floating roof.
    Non-automated monitoring and recording system means manual reading 
of values measured by monitoring instruments and manual transcription of 
those values to create a record. Non-automated systems do not include 
strip charts.
    Oil-water separator or organic-water separator means a waste 
management unit, generally a tank used to separate oil or organics from 
water. An oil-water or organic-water separator consists of not only the 
separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are 
located directly after the individual drain system and prior to 
additional treatment units such as an air flotation unit, clarifier, or 
biological treatment unit. Examples of an oil-water or organic-water 
separator include, but are not limited to, an American Petroleum 
Institute separator, parallel-plate interceptor, and corrugated-plate 
interceptor with the associated ancillary equipment.
    Open biological treatment process means a biological treatment 
process that is not a closed biological treatment process as defined in 
this section.
    Operating permit means a permit required by 40 CFR part 70 or part 
71.
    Organic hazardous air pollutant or organic HAP means any of the 
chemicals listed in table 2 of subpart F of this part.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds exiting a recovery device 
based on a detection principle such as infra-red, photoionization, or 
thermal conductivity.
    Point of determination means each point where process wastewater 
exits the chemical manufacturing process unit.
    Note to definition for point of determination: The regulation allows 
determination of the characteristics of a wastewater stream (1) at the 
point of determination or (2) downstream of the point of determination 
if corrections are made for changes in flow rate and annual average 
concentration of Table 8 or Table 9 compounds as determined in Sec. 
63.144 of this subpart. Such changes include losses by air emissions; 
reduction of annual average concentration or changes in flow rate by 
mixing with other water or wastewater streams; and reduction in flow 
rate or annual average concentration by treating or otherwise handling 
the wastewater stream to remove or destroy hazardous air pollutants.
    Point of transfer means:
    (1) If the transfer is to an off-site location for control, the 
point where the conveyance crosses the property line; or
    (2) If the transfer is to an on-site location not owned or operated 
by the owner or operator of the source, the point where the conveyance 
enters the operation or equipment of the transferee.
    Primary fuel means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation without the addition of other fuels.
    Process heater means a device that transfers heat liberated by 
burning fuel directly to process streams or to heat transfer liquids 
other than water.
    Process unit has the same meaning as chemical manufacturing process 
unit as defined in this section.
    Process wastewater stream means a stream that contains process 
wastewater as defined in Sec. 63.101 of subpart F of this part.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s)

[[Page 190]]

including ejector-condenser(s) associated with a reactor or an air 
oxidation reactor.
    Product tank, as used in the wastewater provisions, means a 
stationary unit that is designed to contain an accumulation of materials 
that are fed to or produced by a process unit, and is constructed 
primarily of non-earthen materials (e.g., wood, concrete, steel, 
plastic) which provide structural support. This term has the same 
meaning as a product storage vessel.
    Product tank drawdown means any material or mixture of materials 
discharged from a product tank for the purpose of removing water or 
other contaminants from the product tank.
    Rack-weighted average partial pressure means the throughput weighted 
average of the average maximum true vapor pressure of liquids containing 
organic HAP transferred at a transfer rack. The rack-weighted average 
partial pressure shall be calculated using the equation below:

Where:

P = Rack-weighted average partial pressure, kilopascals.
[GRAPHIC] [TIFF OMITTED] TR12DE95.001

Pi = Individual HAP maximum true vapor pressure, kilopascals, 
= Xi*P, where Xi is the mole fraction of compound 
i in the liquid.
Gi = Yearly volume of each liquid that contains organic HAP 
that is transferred at the rack, liters.
i = Each liquid that contains HAP that is transferred at the rack.

    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are not 
limited to, absorbers, carbon adsorbers, and condensers.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse or for sale for fuel 
value, use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge can result from an 
operator error, a malfunction such as a power failure or equipment 
failure, or other unexpected cause that requires immediate venting of 
gas from process equipment in order to avoid safety hazards or equipment 
damage.
    Reference control technology for process vents means a combustion 
device or recapture device used to reduce organic hazardous air 
pollutant emissions by 98 percent, or to an outlet concentration of 20 
parts per million by volume.
    Reference control technology for storage vessels means an internal 
floating roof meeting the specifications of Sec. 63.119(b) of this 
subpart, an external floating roof meeting the specifications of Sec. 
63.119(c) of this subpart, an external floating roof converted to an 
internal floating roof meeting the specifications of Sec. 63.119(d) of 
this subpart, or a closed-vent system to a control device achieving 95-
percent reduction in organic HAP emissions. For purposes of emissions 
averaging, these four technologies are considered equivalent.
    Reference control technology for transfer racks means a combustion 
device, recapture device, or recovery device used to reduce organic 
hazardous air pollutants emissions by 98 percent, or to an outlet 
concentration of 20 parts per million by volume; or a vapor balancing 
system.
    Reference control technology for wastewater means the use of:

[[Page 191]]

    (1) Controls specified in Sec. 63.133 through Sec. 63.137;
    (2) A steam stripper meeting the specifications of Sec. 63.138(d) 
of this subpart or any of the other alternative control measures 
specified in Sec. 63.138(b), (c), (e), (f), (g), or (h) of this 
subpart; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices 
or for noncombustion devices controlling air emissions from waste 
management units other than surface impoundments or containers) the 
organic hazardous air pollutants emissions in the vapor streams vented 
from wastewater tanks, oil-water separators, containers, surface 
impoundments, individual drain systems, and treatment processes 
(including the design steam stripper) managing wastewater.
    Residual means any liquid or solid material containing Table 9 
compounds that is removed from a wastewater stream by a waste management 
unit or treatment process that does not destroy organics (nondestructive 
unit). Examples of residuals from nondestructive wastewater management 
units are: the organic layer and bottom residue removed by a decanter or 
organic-water separator and the overheads from a steam stripper or air 
stripper. Examples of materials which are not residuals are: silt; mud; 
leaves; bottoms from a steam stripper or air stripper; and sludges, ash, 
or other materials removed from wastewater being treated by destructive 
devices such as biological treatment units and incinerators.
    Secondary fuel means a fuel fired through a burner other than the 
primary fuel burner that provides supplementary heat in addition to the 
heat provided by the primary fuel.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit including, but not limited to, grates, trenches, etc., used to 
convey wastewater streams or residuals to a downstream waste management 
unit.
    Simultaneous loading means, for a shared control device, loading of 
organic HAP materials from more than one transfer arm at the same time 
such that the beginning and ending times of loading cycles coincide or 
overlap and there is no interruption in vapor flow to the shared control 
device.
    Single-seal system means a floating roof having one continuous seal 
that completely covers the space between the wall of the storage vessel 
and the edge of the floating roof. This seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Specific gravity monitoring device means a unit of equipment used to 
monitor specific gravity and having a minimum accuracy of 0.02 specific gravity units.
    Steam jet ejector means a steam nozzle which discharges a high-
velocity jet across a suction chamber that is connected to the equipment 
to be evacuated.
    Surface impoundment means a waste management unit which is a natural 
topographic depression, manmade excavation, or diked area formed 
primarily of earthen materials (although it may be lined with manmade 
materials), which is designed to hold an accumulation of liquid wastes 
or waste containing free liquids. A surface impoundment is used for the 
purpose of treating, storing, or disposing of wastewater or residuals, 
and is not an injection well. Examples of surface impoundments are 
equalization, settling, and aeration pits, ponds, and lagoons.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Table 8 compound means a compound listed in table 8 of this subpart.
    Table 9 compound means a compound listed in table 9 of this subpart.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of (a) 1 percent of the temperature being monitored expressed 
in degrees Celsius ( [deg]C) or (b) 0.5 degrees ( 
[deg]C), whichever is greater.
    The 33/50 program means a voluntary pollution prevention initiative 
established and administered by the EPA to encourage emissions 
reductions of 17 chemicals emitted in large volumes by

[[Page 192]]

industrial facilities. The EPA Document Number 741-K-92-001 provides 
more information about the 33/50 program.
    Total organic compounds or TOC, as used in the process vents 
provisions, means those compounds measured according to the procedures 
of Method 18 of 40 CFR part 60, appendix A.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a process vent stream, based on 
vent stream flow rate, emission rate of organic HAP, net heating value, 
and corrosion properties (whether or not the vent stream contains 
halogenated compounds), as quantified by the equations given under Sec. 
63.115 of this subpart.
    Treatment process means a specific technique that removes or 
destroys the organics in a wastewater or residual stream such as a steam 
stripping unit, thin-film evaporation unit, waste incinerator, 
biological treatment unit, or any other process applied to wastewater 
streams or residuals to comply with Sec. 63.138 of this subpart. Most 
treatment processes are conducted in tanks. Treatment processes are a 
subset of waste management units.
    Vapor collection system, as used in the transfer provisions, means 
the equipment used to collect and transport organic HAP vapors displaced 
during the loading of tank trucks or railcars. This does not include the 
vapor collection system that is part of any tank truck or railcar vapor 
collection manifold system.
    Vapor-mounted seal means a continuous seal that completely covers 
the annular space between the wall of the storage vessel or waste 
management unit and the edge of the floating roof and is mounted such 
that there is a vapor space between the stored liquid and the bottom of 
the seal.
    Vent stream, as used in the process vent provisions, means the gas 
stream flowing through the process vent.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include: Wastewater 
tanks, surface impoundments, individual drain systems, and biological 
wastewater treatment units. Examples of equipment that may be waste 
management units include containers, air flotation units, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. If such 
equipment is used for recovery, then it is part of a chemical 
manufacturing process unit and is not a waste management unit.
    Wastewater stream means a stream that contains only wastewater as 
defined in Sec. 63.101 of subpart F of this part.
    Wastewater tank means a stationary waste management unit that is 
designed to contain an accumulation of wastewater or residuals and is 
constructed primarily of non-earthen materials (e.g., wood, concrete, 
steel, plastic) which provide structural support. Wastewater tanks used 
for flow equalization are included in this definition.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g, flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 18024, 18029, Apr. 10, 
1995; 60 FR 63626, Dec. 12, 1995; 62 FR 2742, Jan. 17, 1997; 63 FR 
67792, Dec. 9, 1998; 65 FR 62215, Oct. 17, 2000; 66 FR 6929, Jan. 22, 
2001]



Sec. 63.112  Emission standard.

    (a) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the following equation:

EA = 0.02[Sigma] EPV1 + [Sigma] EPV2 + 
    0.05[Sigma] ES1 + [Sigma] ES2 + 0.02[Sigma] 
    ETR1 + [Sigma] ETR2 + [Sigma] EWW1C 
    + [Sigma] EWW2

where:

EA = Emission rate, megagrams per year, allowed for the 
source.
0.02[Sigma] EPV1 = Sum of the residual emissions, megagrams 
per year, from all Group 1 process vents, as defined in Sec. 63.111 of 
this subpart.

[[Page 193]]

[Sigma] EPV2 = Sum of the emissions, megagrams per year, from 
all Group 2 process vents as defined in Sec. 63.111 of this subpart.
0.05[Sigma] ES1 = Sum of the residual emissions, megagrams 
per year, from all Group 1 storage vessels, as defined in Sec. 63.111 
of this subpart.
[Sigma] ES2 = Sum of the emissions, megagrams per year, from 
all Group 2 storage vessels, as defined in Sec. 63.111 of this subpart.
0.02[Sigma] ETR1 = Sum of the residual emissions, megagrams 
per year, from all Group 1 transfer racks, as defined in Sec. 63.111 of 
this subpart.
[Sigma] ETR2 = Sum of the emissions, megagrams per year, from 
all Group 2 transfer racks, as defined in Sec. 63.111 of this subpart.
[Sigma] EWW1C = Sum of the residual emissions from all Group 
1 wastewater streams, as defined in Sec. 63.111 of this subpart. This 
term is calculated for each Group 1 stream according to the equation for 
EWW1C in Sec. 63.150(g)(5)(i) of this subpart.
[Sigma] EWW2 = Sum of emissions from all Group 2 wastewater 
streams, as defined in Sec. 63.111 of this subpart.


The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point change or as the 
number of emission points in the source changes.
    (b) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the equation in paragraph (a) of this section.
    (c) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (a) of this section 
by following the procedures specified in paragraph (e) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (f) of this section for some 
emission points and the procedures specified in paragraph (e) of this 
section for all other emission points within the source.
    (d) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (b) of this section 
only by following the procedures in paragraph (e) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (e) The owner or operator of an existing or new source may comply 
with the process vent provisions in Sec. Sec. 63.113 through 63.118 of 
this subpart, the storage vessel provisions in Sec. Sec. 63.119 through 
63.123 of this subpart, the transfer operation provisions in Sec. Sec. 
63.126 through 63.130 of this subpart, the wastewater provisions in 
Sec. Sec. 63.131 through 63.147 of this subpart, the leak inspection 
provisions in Sec. 63.148, and the provisions in Sec. 63.149 of this 
subpart.
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. 63.151 and Sec. 63.152 of this 
subpart, as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(a) of this section.
    (3) When emissions of different kinds (e.g., emissions from process 
vents, transfer operations, storage vessels, process wastewater, and/or 
in-process equipment subject to Sec. 63.149 of this subpart) are 
combined, and at least one of the emission streams would be classified 
as Group 1 in the absence of combination with other emission streams, 
the owner or operator shall comply with the requirements of either 
paragraph (e)(3)(i) or paragraph (e)(3)(ii) of this section.
    (i) Comply with the applicable requirements of this subpart for each 
kind of emissions in the stream (e.g., the requirements in Sec. Sec. 
63.113 through 63.118 of this subpart G for process vents, and the 
requirements of Sec. Sec. 63.126 through 63.130 for transfer 
operations); or
    (ii) Comply with the first set of requirements identified in 
paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section which 
applies to any individual emission stream that is included in the 
combined stream, where either that emission stream would be classified 
as Group 1 in the absence of combination with other emission streams, or 
the owner chooses to consider that emission stream to be Group 1 for 
purposes of this paragraph. Compliance with the first applicable set of 
requirements identified in paragraphs (e)(3)(ii)(A) through 
(e)(3)(ii)(E) of this section constitutes compliance with all other 
requirements in paragraphs (e)(3)(ii)(A)

[[Page 194]]

through (e)(3)(ii)(E) of this section applicable to other types of 
emissions in the combined stream.
    (A) The requirements of this subpart for Group 1 process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (B) The requirements of this subpart for Group 1 transfer racks, 
including applicable monitoring, recordkeeping, and reporting;
    (C) The requirements of Sec. 63.119(e) for control of emissions 
from Group 1 storage vessels, including monitoring, recordkeeping, and 
reporting;
    (D) The requirements of Sec. 63.139 for control devices used to 
control emissions from waste management units, including applicable 
monitoring, recordkeeping, and reporting; or
    (E) The requirements of Sec. 63.139 for closed vent systems for 
control of emissions from in-process equipment subject to Sec. 63.149, 
including applicable monitoring, recordkeeping, and reporting.
    (f) The owner or operator of an existing source may elect to control 
some of the emission points within the source to different levels than 
specified under Sec. Sec. 63.113 through 63.148 of this subpart by 
using an emissions averaging compliance approach as long as the overall 
emissions for the source do not exceed the emission level specified in 
paragraph (a) of this section. The owner or operator using emissions 
averaging must meet the requirements in paragraphs (f)(1) and (f)(2) of 
this section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average as specified in Sec. 63.150 of this 
subpart; and
    (2) Comply with the requirements of Sec. 63.151 and Sec. 63.152 of 
this subpart, as applicable.
    (g) A State may restrict the owner or operator of an existing source 
to using only the procedures in paragraph (e) of this section to comply 
with the emission standard in paragraph (a) of this section.
    (h) Where the provisions of this subpart require a performance test, 
waiver of that requirement shall be addressed only as provided in Sec. 
63.103(b)(5) of subpart F of this part.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2744, Jan. 17, 1997]



Sec. 63.113  Process vent provisions--reference control technology.

    (a) The owner or operator of a Group 1 process vent as defined in 
this subpart shall comply with the requirements of paragraph (a)(1), 
(2), or (3) of this section. The owner or operator who transfers a gas 
stream that has the characteristics specified in Sec. 63.107 (b) 
through (h) or meets the criteria specified in Sec. 63.107(i) to an 
off-site location or an on-site location not owned or operated by the 
owner or operator of the source for disposal shall comply with the 
requirements of paragraph (i) of this section.
    (1) Reduce emissions of organic HAP using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) 
of subpart A of this part.
    (ii) Halogenated vent streams, as defined in Sec. 63.111 of this 
subpart, shall not be vented to a flare.
    (2) Reduce emissions of total organic hazardous air pollutants by 98 
weight-percent or to a concentration of 20 parts per million by volume, 
whichever is less stringent. For combustion devices, the emission 
reduction or concentration shall be calculated on a dry basis, corrected 
to 3-percent oxygen, and compliance can be determined by measuring 
either organic hazardous air pollutants or total organic carbon using 
the procedures in Sec. 63.116 of this subpart.
    (i) Compliance with paragraph (a)(2) of this section may be achieved 
by using any combination of combustion, recovery, and/or recapture 
devices, except that a recovery device may not be used to comply with 
paragraph (a)(2) of this section by reducing emissions of total organic 
hazardous air pollutants by 98 weight-percent, except as provided in 
paragraph (a)(2)(ii) of this section.
    (ii) An owner or operator may use a recovery device, alone or in 
combination with one or more combustion or recapture devices, to reduce 
emissions of total organic hazardous air pollutants by 98 weight-percent 
if all the conditions of paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(D) 
of this section are met.
    (A) The recovery device (and any combustion device or recapture 
device

[[Page 195]]

which operates in combination with the recovery device to reduce 
emissions of total organic hazardous air pollutants by 98 weight-
percent) was installed before the date of proposal of the subpart of 
this part 63 that makes this subpart G applicable to process vents in 
the chemical manufacturing process unit.
    (B) The recovery device that will be used to reduce emissions of 
total organic hazardous air pollutants by 98 weight-percent is the last 
recovery device before emission to the atmosphere.
    (C) The recovery device, alone or in combination with one or more 
combustion or recapture devices, is capable of reducing emissions of 
total organic hazardous air pollutants by 98 weight-percent, but is not 
capable of reliably reducing emissions of total organic hazardous air 
pollutants to a concentration of 20 parts per million by volume.
    (D) If the owner or operator disposed of the recovered material, the 
recovery device would comply with the requirements of this subpart for 
recapture devices.
    (3) Achieve and maintain a TRE index value greater than 1.0 at the 
outlet of the final recovery device, or prior to release of the vent 
stream to the atmosphere if no recovery device is present. If the TRE 
index value is greater than 1.0, the process vent shall comply with the 
provisions for a Group 2 process vent specified in either paragraph (d) 
or (e) of this section, whichever is applicable.
    (b) If a boiler or process heater is used to comply with the percent 
reduction requirement or concentration limit specified in paragraph 
(a)(2) of this section, then the vent stream shall be introduced into 
the flame zone of such a device.
    (c) Halogenated vent streams from Group 1 process vents that are 
combusted shall be controlled according to paragraph (c)(1) or (2) of 
this section.
    (1) If a combustion device is used to comply with paragraph (a)(2) 
of this section for a halogenated vent stream, then the gas stream 
exiting the combustion device shall be conveyed to a halogen reduction 
device, such as a scrubber, before it is discharged to the atmosphere.
    (i) Except as provided in paragraph (c)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99 
percent or shall reduce the outlet mass of total hydrogen halides and 
halogens to less than 0.45 kilogram per hour, whichever is less 
stringent.
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the device shall reduce overall emissions of 
hydrogen halides and halogens, as defined in Sec. 63.111 of this 
subpart, by 95 percent or shall reduce the outlet mass of total hydrogen 
halides and halogens to less than 0.45 kilograms per hour, whichever is 
less stringent.
    (2) A halogen reduction device, such as a scrubber or other 
technique, may be used to reduce the vent stream halogen atom mass 
emission rate to less than 0.45 kilogram per hour prior to any 
combustion control device, and thus make the vent stream nonhalogenated; 
the vent stream must comply with the requirements of paragraph (a)(1) or 
(a)(2) of this section.
    (d) The owner or operator of a Group 2 process vent having a flow 
rate greater than or equal to 0.005 standard cubic meter per minute, a 
HAP concentration greater than or equal to 50 parts per million by 
volume, and a TRE index value greater than 1.0 but less than or equal to 
4.0 shall maintain a TRE index value greater than 1.0 and shall comply 
with the monitoring of recovery device parameters in Sec. 63.114(b) or 
(c) of this subpart, the TRE index calculations of Sec. 63.115 of this 
subpart, and the applicable reporting and recordkeeping provisions of 
Sec. Sec. 63.117 and 63.118 of this subpart. Such owner or operator is 
not subject to any other provisions of Sec. Sec. 63.114 through 63.118 
of this subpart.
    (e) The owner or operator of a Group 2 process vent with a TRE index 
value greater than 4.0 shall maintain a TRE index value greater than 
4.0, comply with the provisions for calculation of a TRE index value in 
Sec. 63.115 and the reporting and recordkeeping provisions in 
Sec. Sec. 63.117(b) and 63.118(c) and (h), and

[[Page 196]]

is not subject to monitoring or any other provisions of Sec. Sec. 
63.114 through 63.118.
    (f) The owner or operator of a Group 2 process vent with a flow rate 
less than 0.005 standard cubic meter per minute shall maintain a flow 
rate less than 0.005 standard cubic meter per minute; comply with the 
Group determination procedures in Sec. 63.115 (a), (b), and (e) of this 
subpart; and the reporting and recordkeeping requirements in Sec. 
63.117(c) of this subpart, Sec. 63.118(d) of this subpart, and Sec. 
63.118(i) of this subpart; and is not subject to monitoring or any other 
provisions of Sec. Sec. 63.114 through 63.118 of this subpart.
    (g) The owner or operator of a Group 2 process vent with a total 
organic HAP concentration less than 50 parts per million by volume shall 
maintain a total organic HAP concentration less than 50 parts per 
million by volume; comply with the Group determination procedures in 
Sec. 63.115(a), (c), and (e); the reporting and recordkeeping 
requirements in Sec. Sec. 63.117(d) and 63.118(e) and (j); and is not 
subject to monitoring or any other provisions of Sec. Sec. 63.114 
through 63.118.
    (h) The owner or operator of a process vent complying with paragraph 
(a)(1) or (a)(2) of this section is not required to perform the group 
determination described in Sec. 63.115 of this subpart.
    (i) Off-site control or on-site control not owned or operated by the 
source. This paragraph (i) applies to gas streams that have the 
characteristics specified in Sec. 63.107(b) through (h) or meet the 
criteria specified in Sec. 63.107(i); that are transferred for disposal 
to an on-site control device (or other compliance equipment) not owned 
or operated by the owner or operator of the source generating the gas 
stream, or to an off-site control device or other compliance equipment; 
and that have the characteristics (e.g., flow rate, total organic HAP 
concentration, or TRE index value) of a Group 1 process vent, determined 
at the point of transfer.
    (1) The owner or operator transferring the gas stream shall:
    (i) Comply with the provisions specified in Sec. 63.114(d) for each 
gas stream prior to transfer.
    (ii) Notify the transferee that the gas stream contains organic 
hazardous air pollutants that are to be treated in accordance with the 
provisions of this subpart. The notice shall be submitted to the 
transferee initially and whenever there is a change in the required 
control.
    (2) The owner or operator may not transfer the gas stream unless the 
transferee has submitted to the EPA a written certification that the 
transferee will manage and treat any gas stream transferred under this 
paragraph (i) and received from a source subject to the requirements of 
this subpart in accordance with the requirements of either Sec. Sec. 
63.113 through 63.118, or Sec. 63.102(b), or subpart D of this part if 
alternative emission limitations have been granted the transferor in 
accordance with those provisions. The certifying entity may revoke the 
written certification by sending a written statement to EPA and the 
owner or operator giving at least 90 days notice that the certifying 
entity is rescinding acceptance of responsibility for compliance with 
the regulatory provisions listed in this paragraph (i). Upon expiration 
of the notice period, the owner or operator may not transfer the gas 
stream to the transferee. Records retained by the transferee shall be 
retained in accordance with Sec. 63.103(c).
    (3) By providing this written certification to EPA, the certifying 
entity accepts responsibility for compliance with the regulatory 
provisions listed in paragraph (i)(2) of this section with respect to 
any transfer covered by the written certification. Failure to abide by 
any of those provisions with respect to such transfers may result in 
enforcement action by EPA against the certifying entity in accordance 
with the enforcement provisions applicable to violations of these 
provisions by owners or operators of sources.
    (4) Written certifications and revocation statements to EPA from the 
transferees of such gas streams shall be signed by a responsible 
official of the certifying entity, provide the name and address of the 
certifying entity, and be sent to the appropriate EPA Regional Office at 
the addresses listed in Sec. 63.13.

[[Page 197]]

Such written certifications are not transferable by the transferee.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997; 66 
FR 6929, Jan. 22, 2001]



Sec. 63.114  Process vent provisions--monitoring requirements.

    (a) Each owner or operator of a process vent that uses a combustion 
device to comply with the requirements in Sec. 63.113 (a)(1) or (a)(2) 
of this subpart, or that uses a recovery device or recapture device to 
comply with the requirements in Sec. 63.113(a)(2) of this subpart, 
shall install monitoring equipment specified in paragraph (a)(1), 
(a)(2), (a)(3), (a)(4), or (a)(5) of this section, depending on the type 
of device used. All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, the following monitoring equipment is 
required: A device (including but not limited to a thermocouple, ultra-
violet beam sensor, or infrared sensor) capable of continuously 
detecting the presence of a pilot flame.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, the following monitoring equipment 
is required: a temperature monitoring device in the firebox equipped 
with a continuous recorder. This requirement does not apply to gas 
streams that are introduced with primary fuel or are used as the primary 
fuel.
    (4) Where a scrubber is used with an incinerator, boiler, or process 
heater in the case of halogenated vent streams, the following monitoring 
equipment is required for the scrubber.
    (i) A pH monitoring device equipped with a continuous recorder shall 
be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent for liquid flow. Gas flow rate shall be 
determined using one of the procedures specified in paragraphs 
(a)(4)(ii)(A) through (C) of this section.
    (A) The owner or operator may determine gas flow rate using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to rules in 40 CFR parts 264 through 
266 that have required a determination of the liquid to gas (L/G) ratio 
prior to the applicable compliance date for this subpart specified in 
Sec. 63.100(k), the owner or operator may determine gas flow rate by 
the method that had been utilized to comply with those rules. A 
determination that was conducted prior to the compliance date for this 
subpart may be utilized to comply with this subpart if it is still 
representative.
    (C) The owner or operator may prepare and implement a gas flow rate 
determination plan that documents an appropriate method which will be 
used to determine the gas flow rate. The plan shall require 
determination of gas flow rate by a method which will at least provide a 
value for either a representative or the highest gas flow rate 
anticipated in the scrubber during representative operating conditions 
other than startups, shutdowns, or malfunctions. The plan shall include 
a description of the methodology to be followed and an explanation of 
how the selected methodology will reliably determine the gas flow rate, 
and a description of the records that will be maintained to document the 
determination of gas flow rate. The owner or operator shall maintain the 
plan as specified in Sec. 63.103(c).
    (5) Where a recovery device or recapture device is used to comply 
with the requirements of Sec. 63.113(a)(2) of this subpart, the owner 
or operator shall

[[Page 198]]

utilize the appropriate monitoring device identified in paragraph (b), 
(b)(1), (b)(2), or (b)(3) of this section.
    (b) Each owner or operator of a process vent with a TRE index value 
greater than 1.0 as specified under Sec. 63.113(a)(3) or Sec. 63.113(d) 
of this subpart that uses one or more recovery devices shall install 
either an organic monitoring device equipped with a continuous recorder 
or the monitoring equipment specified in paragraph (b)(1), (b)(2), or 
(b)(3) of this section, depending on the type of recovery device used. 
All monitoring equipment shall be installed, calibrated, and maintained 
according to the manufacturer's specifications or other written 
procedures that provide adequate assurance that the equipment would 
reasonably be expected to monitor accurately. Monitoring is not required 
for process vents with TRE index values greater than 4.0 as specified in 
Sec. 63.113(e) of this subpart.
    (1) Where an absorber is the final recovery device in the recovery 
system, a scrubbing liquid temperature monitoring device and a specific 
gravity monitoring device, each equipped with a continuous recorder 
shall be used;
    (2) Where a condenser is the final recovery device in the recovery 
system, a condenser exit (product side) temperature monitoring device 
equipped with a continuous recorder shall be used;
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system, an integrating regeneration stream flow monitoring 
device having an accuracy of 10 percent or better, 
capable of recording the total regeneration stream mass or volumetric 
flow for each regeneration cycle; and a carbon bed temperature 
monitoring device, capable of recording the carbon bed temperature after 
each regeneration and within 15 minutes of completing any cooling cycle 
shall be used.
    (c) An owner or operator of a process vent may request approval to 
monitor parameters other than those listed in paragraph (a) or (b) of 
this section. The request shall be submitted according to the procedures 
specified in Sec. 63.151(f) or Sec. 63.152(e) of this subpart. 
Approval shall be requested if the owner or operator:
    (1) Uses a combustion device other than an incinerator, boiler, 
process heater, or flare; or
    (2) Maintains a TRE greater than 1.0 but less than or equal to 4.0 
without a recovery device or with a recovery device other than the 
recovery devices listed in paragraphs (a) and (b) of this section; or
    (3) Uses one of the combustion or recovery or recapture devices 
listed in paragraphs (a) and (b) of this section, but seeks to monitor a 
parameter other than those specified in paragraphs (a) and (b) of this 
section.
    (d) The owner or operator of a process vent shall comply with 
paragraph (d)(1) or (2) of this section for any bypass line between the 
origin of the gas stream (i.e., at an air oxidation reactor, 
distillation unit, or reactor as identified in Sec. 63.107(b)) and the 
point where the gas stream reaches the process vent, as described in 
Sec. 63.107, that could divert the gas stream directly to the 
atmosphere. Equipment such as low leg drains, high point bleeds, 
analyzer vents, open-ended valves or lines, and pressure relief valves 
needed for safety purposes are not subject to this paragraph (d).
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.118(a)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert the 
gas stream to the atmosphere; or
    (2) Secure the bypass line valve in the non-diverting position with 
a car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure that the valve is maintained in the non-diverting 
position and the gas stream is not diverted through the bypass line.
    (e) The owner or operator shall establish a range that indicates 
proper operation of the control or recovery device for each parameter 
monitored under paragraphs (a), (b), and (c) of this section. In order 
to establish the range, the information required in Sec. 63.152(b) of 
this subpart shall be submitted in the Notification of Compliance Status 
or the operating permit application or

[[Page 199]]

amendment. The range may be based upon a prior performance test 
conducted for determining compliance with a regulation promulgated by 
the EPA, and the owner or operator is not required to conduct a 
performance test under Sec. 63.116 of this subpart, if the prior 
performance test was conducted using the same methods specified in Sec. 
63.116 and either no process changes have been made since the test, or 
the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997; 66 
FR 6930, Jan. 22, 2001]



Sec. 63.115  Process vent provisions--methods and procedures for process 
vent group determination.

    (a) For purposes of determining vent stream flow rate, total organic 
HAP or total organic carbon concentration or TRE index value, as 
specified under paragraph (b), (c), or (d) of this section, the sampling 
site shall be after the last recovery device (if any recovery devices 
are present) but prior to the inlet of any control device that is 
present and prior to release to the atmosphere.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (b) To demonstrate that a vent stream flow rate is less than 0.005 
standard cubic meter per minute in accordance with the Group 2 process 
vent definition of this subpart, the owner or operator shall measure 
flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(a) of this section.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (c) Each owner or operator seeking to demonstrate that a vent stream 
has an organic HAP concentration below 50 parts per million by volume in 
accordance with the Group 2 process vent definition of this subpart 
shall measure either total organic HAP or TOC concentration using the 
following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(a) of this section.
    (2) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used.
    (3) Where Method 18 of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15 minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
organic HAP shall be calculated according to paragraph (c)(3)(ii)(A) or 
(c)(3)(ii)(B) of this section as applicable.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.201

where:

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

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(3)(ii)(A) of this 
section except that only the organic HAP species shall be summed. The 
list of organic HAP's is provided in table 2 of subpart F of this part.

[[Page 200]]

    (4) Where Method 25A of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate parts per million by 
volume TOC concentration:
    (i) Method 25A of 40 CFR part 60, appendix A, shall be used only if 
a single organic HAP compound is greater than 50 percent of total 
organic HAP, by volume, in the vent stream.
    (ii) The vent stream composition may be determined by either process 
knowledge, test data collected using an appropriate EPA method, or a 
method or data validated according to the protocol in Method 301 of 
appendix A of this part. Examples of information that could constitute 
process knowledge include calculations based on material balances, 
process stoichiometry, or previous test results provided the results are 
still relevant to the current vent stream conditions.
    (iii) The organic HAP used as the calibration gas for Method 25A of 
40 CFR part 60, appendix A shall be the single organic HAP compound 
present at greater than 50 percent of the total organic HAP by volume.
    (iv) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be 50 parts per million by volume.
    (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if 
the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (vi) The owner or operator shall demonstrate that the concentration 
of TOC including methane and ethane measured by Method 25A of 40 CFR 
part 60, appendix A is below 25 parts per million by volume to be 
considered a Group 2 vent with an organic HAP concentration below 50 
parts per million by volume and to qualify for the low concentration 
exclusion in Sec. 63.113(g) of this subpart.
    (d) To determine the TRE index value, the owner or operator shall 
conduct a TRE determination and calculate the TRE index value according 
to the procedures in paragraph (d)(1) or (d)(2) of this section and the 
TRE equation in paragraph (d)(3) of this section.
    (1) Engineering assessment may be used to determine vent stream flow 
rate, net heating value, TOC emission rate, and total organic HAP 
emission rate for the representative operating condition expected to 
yield the lowest TRE index value.
    (i) If the TRE value calculated using such engineering assessment 
and the TRE equation in paragraph (d)(3) of this section is greater than 
4.0, then the owner or operator is not required to perform the 
measurements specified in paragraph (d)(2) of this section.
    (ii) If the TRE value calculated using such engineering assessment 
and the TRE equation in paragraph (d)(3) of this section is less than or 
equal to 4.0, then the owner or operator is required to perform the 
measurements specified in paragraph (d)(2) of this section for group 
determination or consider the process vent a Group 1 vent and comply 
with the emission reduction specified in Sec. 63.113(a) of this 
subpart.
    (iii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, TOC emission rate, organic HAP emission rate, 
or net heating value limit specified or implied within a permit limit 
applicable to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations,
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions,
    (4) Estimation of maximum expected net heating value based on the 
vent stream concentration of each organic compound or, alternatively, as 
if all TOC in the vent stream were the compound with the highest heating 
value.

[[Page 201]]

    (E) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (2) Except as provided in paragraph (d)(1) of this section, vent 
stream flow rate, net heating value, TOC emission rate, and total 
organic HAP emission rate shall be measured and calculated according to 
the procedures in paragraphs (d)(2)(i) through (v) of this section and 
used as input to the TRE index value calculation in paragraph (d)(3) of 
this section.
    (i) The vent stream volumetric flow rate (Qs), in 
standard cubic meters per minute at 20 degrees Celcius, shall be 
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, 
as appropriate. If the vent stream tested passes through a final steam 
jet ejector and is not condensed, the vent stream volumetric flow shall 
be corrected to 2.3 percent moisture.
    (ii) The molar composition of the vent stream, which is used to 
calculate net heating value, shall be determined using the following 
methods:
    (A) Method 18 of 40 CFR part 60, appendix A to measure the 
concentration of each organic compound.
    (B) American Society for Testing and Materials D1946-77 to measure 
the concentration of carbon monoxide and hydrogen.
    (C) Method 4 of 40 CFR part 60, appendix A, to measure the moisture 
content of the vent stream.
    (iii) The net heating value of the vent stream shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.202

where:

HT=Net heating value of the sample, megaJoule per standard 
cubic meter, where the net enthalpy per mole of vent stream is based on 
combustion at 25 [deg]C and 760 millimeters of mercury, but the standard 
temperature for determining the volume corresponding to one mole is 20 
[deg]C, as in the definition of Qs (vent stream flow rate).
Kl=Constant, 1.740x10-7 (parts per 
million)-1 (gram-mole per standard cubic meter) (megaJoule 
per kilocalorie), where standard temperature for (gram-mole per standard 
cubic meter) is 20 [deg]C.
Bws=Water vapor content of the vent stream, proportion by 
volume; except that if the vent stream passes through a final steam jet 
and is not condensed, it shall be assumed that Bws=0.023 in 
order to correct to 2.3 percent moisture.
Cj=Concentration on a dry basis of compound j in parts per 
million, as measured for all organic compounds by Method 18 of 40 CFR 
part 60, appendix A and measured for hydrogen and carbon monoxide by 
American Society for Testing and Materials D1946-77 as indicated in 
paragraph (d)(2)(ii) of this section.
Hj=Net heat of combustion of compound j, kilocalorie per 
gram-mole, based on combustion at 25 [deg]C and 760 millimeters mercury. 
The heats of combustion of vent stream components shall be determined 
using American Society for Testing and Materials D2382-76 if published 
values are not available or cannot be calculated.

    (iv) The emission rate of TOC (minus methane and ethane) 
(ETOC) and the emission rate of total organic HAP 
(EHAP) in the vent stream shall both be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.203

where:

E=Emission rate of TOC (minus methane and ethane) or emission rate of 
total organic HAP in the sample, kilograms per hour.
K2=Constant, 2.494x10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minutes/hour), where standard temperature for (gram-mole per 
standard cubic meter) is 20 [deg]C.
Cj=Concentration on a dry basis of organic compound j in 
parts per million as measured by Method 18 of 40 CFR part 60, appendix A 
as indicated in paragraph (d)(2)(ii) of this section. If the TOC 
emission rate is being calculated, Cj includes all organic 
compounds measured minus methane and ethane; if the total organic HAP 
emission rate is being calculated, only organic HAP compounds listed in 
table 2 in subpart F of this part are included.
Mj=Molecular weight of organic compound j, gram/gram-mole.
Qs=Vent stream flow rate, dry standard cubic meter per 
minute, at a temperature of 20 [deg]C.

    (v) In order to determine whether a vent stream is halogenated, the 
mass emission rate of halogen atoms contained in organic compounds shall 
be calculated.

[[Page 202]]

    (A) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on the following procedures:
    (1) Process knowledge that no halogen or hydrogen halides are 
present in the process, or
    (2) Applicable engineering assessment as discussed in paragraph 
(d)(1)(iii) of this section, or
    (3) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (4) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (B) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR22AP94.204

where:

E=mass of halogen atoms, dry basis, kilogram per hour.
K2=Constant, 2.494x10-6 (parts per 
million)-1 (kilogram-mole per standard cubic meter) (minute/
hour), where standard temperature is 20 [deg]C.
Cj=Concentration of halogenated compound j in the gas stream, 
dry basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the 
gas stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas 
stream.
Q=Flow rate of gas stream, dry standard cubic meters per minute, 
determined according to paragraph (d)(1) or (d)(2)(i) of this section.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.

    (3) The owner or operator shall calculate the TRE index value of the 
vent stream using the equations and procedures in this paragraph.
    (i) The equation for calculating the TRE index for a vent stream 
controlled by a flare or incinerator is as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.205

where:

TRE=TRE index value.
EHAP=Hourly emission rate of total organic HAP, kilograms per 
hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of this section.
Qs=Vent stream flow rate, standard cubic meters per minute, 
at a standard temperature of 20 [deg]C, as calculated in paragraph 
(d)(1) or (d)(2)(i) of this section.
HT=Vent stream net heating value, megaJoules per standard 
cubic meter, as calculated in paragraph (d)(1) or (d)(2)(iii) of this 
section.
ETOC=Emission rate of TOC (minus methane and ethane), 
kilograms per hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of 
this section.
a,b,c,d=Coefficients presented in table 1 of this subpart, selected in 
accordance with paragraphs (d)(3)(ii) and (iii) of this section.

    (ii) The owner or operator of a nonhalogenated vent stream shall 
calculate the TRE index value based on the use of a flare, a thermal 
incinerator with 0 percent heat recovery, and a thermal incinerator with 
70 percent heat recovery and shall select the lowest TRE index value. 
The owner or operator shall use the applicable coefficients in table 1 
of this subpart for nonhalogenated vent streams located within existing 
sources and the applicable coefficients in table 2 of this subpart for 
nonhalogenated vent streams located within new sources.
    (iii) The owner or operator of a halogenated vent stream shall 
calculate the TRE index value based on the use of a thermal incinerator 
with 0 percent heat recovery, and a scrubber. The

[[Page 203]]

owner or operator shall use the applicable coefficients in table 1 of 
this subpart for halogenated vent streams located within existing 
sources and the applicable coefficients in table 2 of this subpart for 
halogenated vent streams located within new sources.
    (e) The owner or operator of a Group 2 process vent shall 
recalculate the TRE index value, flow, or organic hazardous air 
pollutants concentration for each process vent, as necessary to 
determine whether the vent is Group 1 or Group 2, whenever process 
changes are made that could reasonably be expected to change the vent to 
a Group 1 vent. Examples of process changes include, but are not limited 
to, changes in production capacity, production rate, feedstock type, or 
catalyst type, or whenever there is replacement, removal, or addition of 
recovery equipment. For purposes of this paragraph, process changes do 
not include: Process upsets; unintentional, temporary process changes; 
and changes that are within the range on which the original TRE 
calculation was based.
    (1) The TRE index value, flow rate, or organic HAP concentration 
shall be recalculated based on measurements of vent stream flow rate, 
TOC, and organic HAP concentrations, and heating values as specified in 
Sec. 63.115 (a), (b), (c), and (d) of this subpart, as applicable, or 
on best engineering assessment of the effects of the change. Engineering 
assessments shall meet the specifications in paragraph (d)(1) of this 
section.
    (2) Where the recalculated TRE index value is less than or equal to 
1.0, or less than or equal to 4.0 but greater than 1.0, the recalculated 
flow rate is greater than or equal to 0.005 standard cubic meter per 
minute, or the recalculated concentration is greater than or equal to 50 
parts per million by volume, the owner or operator shall submit a report 
as specified in Sec. 63.118 (g), (h), (i), or (j) of this subpart and 
shall comply with the appropriate provisions in Sec. 63.113 of this 
subpart by the dates specified in Sec. 63.100 of subpart F of this 
part.
    (f) Notwithstanding any other provisions of this subpart, in any 
case where a process vent includes one or more gas streams that are not 
from a source subject to this subpart (hereafter called ``non-HON 
streams'' for purposes of this paragraph), and one or more gas streams 
that meet the criteria in Sec. 63.107(b) through (h) or the criteria in 
Sec. 63.107(i) (hereafter called ``HON streams'' for purposes of this 
paragraph), the owner or operator may elect to comply with paragraphs 
(f)(1) through (3) of this section.
    (1) The owner or operator may determine the characteristics (flow 
rate, total organic HAP concentration, and TRE index value) for each HON 
stream, or combination of HON streams, at a representative point as near 
as practical to, but before, the point at which it is combined with one 
or more non-HON streams.
    (2) If one or more of the HON streams, or combinations of HON 
streams, has the characteristics (determined at the location specified 
in paragraph (f)(1) of this section) associated with a Group 1 process 
vent, the combined vent stream is a Group 1 process vent. Except as 
specified in paragraph (f)(3) of this section, if none of the HON 
streams, or combinations of HON streams, when determined at the location 
specified in paragraph (f)(1) of this section, has the characteristics 
associated with a Group 1 process vent, the combined vent stream is a 
Group 2 process vent regardless of the TRE index value determined at the 
location specified in Sec. 63.115(a). If the combined vent stream is a 
Group 2 process vent as determined by the previous sentence, but one or 
more of the HON streams, or combinations of HON streams, has a TRE index 
value greater than 1 but less than or equal to 4, the combined vent 
stream is a process vent with a TRE index value greater than 1 but less 
than or equal to 4. In this case, the owner or operator shall monitor 
the combined vent stream as required by Sec. 63.114(b).
    (3) Paragraphs (f)(1) and (2) of this section are not intended to 
apply instead of any other subpart of this part. If another subpart of 
this part applies to one or more of the non-HON streams contributing to 
the combined vent stream, that subpart may impose emission control 
requirements such as, but not limited to, requiring the combined

[[Page 204]]

vent stream to be classified and controlled as a Group 1 process vent.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 66 
FR 6931, Jan. 22, 2001]



Sec. 63.116  Process vent provisions--performance test methods and 
procedures to determine compliance.

    (a) When a flare is used to comply with Sec. 63.113(a)(1), the 
owner or operator shall comply with paragraphs (a)(1) through (3) of 
this section. The owner or operator is not required to conduct a 
performance test to determine percent emission reduction or outlet 
organic HAP or TOC concentration.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted using 
the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
    (b) An owner or operator is not required to conduct a performance 
test when any control device specified in paragraphs (b)(1) through 
(b)(5) of this section is used.
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater into which the gas stream is 
introduced with the primary fuel or is used as the primary fuel.
    (3) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA and the 
test was conducted using the same methods specified in this section and 
either no process changes have been made since the test, or the owner or 
operator can demonstrate that the results of the performance test, with 
or without adjustments, reliably demonstrate compliance despite process 
changes.
    (4) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (5) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (c) Except as provided in paragraphs (a) and (b) of this section, an 
owner or operator using a control device to comply with the organic HAP 
concentration limit or percent reduction efficiency requirements in 
Sec. 63.113(a)(2) of this subpart shall conduct a performance test 
using the procedures in paragraphs (c)(1) through (c)(4) of this 
section. The organic HAP concentration and percent reduction may be 
measured as either total organic HAP or as TOC minus methane and ethane 
according to the procedures specified.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites.
    (i) For determination of compliance with the 98 percent reduction of 
total organic HAP requirement of Sec. 63.113(a)(2) of this subpart, 
sampling sites shall be located at the inlet of the control device as 
specified in paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section, 
and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic HAP or TOC (minus 
methane and ethane) concentrations in all vent streams and primary and 
secondary fuels introduced into the boiler or process heater.
    (ii) For determination of compliance with the 20 parts per million 
by volume total organic HAP limit in Sec. 63.113(a)(2) of this subpart, 
the sampling site shall be located at the outlet of the control device.

[[Page 205]]

    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the 20 parts per million by volume 
total organic HAP limit in Sec. 63.113(a)(2) of this subpart, the owner 
or operator shall use Method 18 of 40 CFR part 60, appendix A to measure 
either TOC minus methane and ethane or total organic HAP. Alternatively, 
any other method or data that has been validated according to the 
applicable procedures in Method 301 of appendix A of this part, may be 
used. The following procedures shall be used to calculate parts per 
million by volume concentration, corrected to 3 percent oxygen:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total organic HAP shall be calculated according to paragraph 
(c)(3)(ii)(A) or (c)(3)(ii)(B) of this section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.206

where:

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

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(3)(ii)(A) of this 
section except that only the organic HAP species shall be summed. The 
list of organic HAP's is provided in table 2 of subpart F of this part.
    (iii) The concentration of TOC or total organic HAP shall be 
corrected to 3 percent oxygen if a combustion device is the control 
device.
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2d). The samples shall be taken during the same time that 
the TOC (minus methane or ethane) or total organic HAP samples are 
taken.
    (B) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR26AP99.003

Where:

Cc=Concentration of TOC or organic HAP corrected to 3 percent 
oxygen, dry basis, parts per million by volume.
Cm=Concentration of TOC (minus methane and ethane) or organic 
HAP, dry basis, parts per million by volume.
%02d=Concentration of oxygen, dry basis, percent by volume.

    (4) To determine compliance with the 98 percent reduction 
requirement of Sec. 63.113(a)(2) of this subpart, the owner or operator 
shall use Method 18 of 40 CFR part 60, appendix A; alternatively, any 
other method or data that has been validated according to the applicable 
procedures in Method 301 of appendix A of this part may be used. The 
following procedures shall be used to calculate percent reduction 
efficiency:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of

[[Page 206]]

four grab samples shall be taken. If grab sampling is used, then the 
samples shall be taken at approximately equal intervals in time such as 
15 minute intervals during the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
organic HAP (Ei, Eo) shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR22AP94.208
    
    [GRAPHIC] [TIFF OMITTED] TR22AP94.209
    
where:

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

    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of 40 CFR 
part 60, appendix A are summed using the equation in paragraph 
(c)(4)(ii)(A) of this section.
    (C) Where the mass rate of total organic HAP is being calculated, 
only the organic HAP species shall be summed using the equation in 
paragraph (c)(4)(ii)(A) of this section. The list of organic HAP's is 
provided in table 2 of subpart F of this part.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total organic HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.210

where:

R=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) or total 
organic HAP at the inlet to the control device as calculated under 
paragraph (c)(4)(ii) of this section, kilograms TOC per hour or 
kilograms organic HAP per hour.
Eo=Mass rate of TOC (minus methane and ethane) or total 
organic HAP at the outlet of the control device, as calculated under 
paragraph (c)(4)(ii) of this section, kilograms TOC per hour or 
kilograms organic HAP per hour.

    (iv) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts is introduced with the combustion 
air or as a secondary fuel, the weight-percent reduction of total 
organic HAP or TOC (minus methane and ethane) across the device shall be 
determined by comparing the TOC (minus methane and ethane) or total 
organic HAP in all combusted vent streams and primary and secondary 
fuels with the TOC (minus methane and ethane) or total organic HAP 
exiting the combustion device, respectively.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other halogen reduction device to control halogenated vent 
streams in compliance with Sec. 63.113(c)(1) shall conduct a 
performance test to determine compliance with the control efficiency or 
emission limits for hydrogen halides and halogens.
    (1) For an owner or operator determining compliance with the percent 
reduction of total hydrogen halides and halogens, sampling sites shall 
be located at the inlet and outlet of the scrubber or other halogen 
reduction device used to reduce halogen emissions. For an owner or 
operator determining compliance with the less than 0.45 kilogram per 
hour outlet emission limit for total hydrogen halides and halogens, the 
sampling site shall be located at the outlet of the scrubber or other 
halogen reduction device and prior to any releases to the atmosphere.
    (2) Except as provided in paragraph (d)(5) of this section, Method 
26 or

[[Page 207]]

Method 26A of 40 CFR part 60, appendix A, shall be used to determine the 
concentration, in milligrams per dry standard cubic meter, of total 
hydrogen halides and halogens that may be present in the vent stream. 
The mass emissions of each hydrogen halide and halogen compound shall be 
calculated from the measured concentrations and the gas stream flow 
rate.
    (3) To determine compliance with the percent removal efficiency, the 
mass emissions for any hydrogen halides and halogens present at the 
inlet of the scrubber or other halogen reduction device shall be summed 
together. The mass emissions of the compounds present at the outlet of 
the scrubber or other halogen reduction device shall be summed together. 
Percent reduction shall be determined by comparison of the summed inlet 
and outlet measurements.
    (4) To demonstrate compliance with the less than 0.45 kilogram per 
hour outlet emission limit, the test results must show that the mass 
emission rate of total hydrogen halides and halogens measured at the 
outlet of the scrubber or other halogen reduction device is below 0.45 
kilogram per hour.
    (5) The owner or operator may use any other method to demonstrate 
compliance if the method or data has been validated according to the 
applicable procedures of Method 301 of appendix A of this part.
    (e) An owner or operator using a scrubber or other halogen reduction 
device to reduce the vent stream halogen atom mass emission rate to less 
than 0.45 kilogram per hour prior to a combustion control device in 
compliance with Sec. 63.113(c)(2) of this subpart shall determine the 
halogen atom mass emission rate prior to the combustor according to the 
procedures in Sec. 63.115(d)(2)(v) of this subpart.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 64 
FR 20191, Apr. 26, 1999; 66 FR 6931, Jan. 22, 2001]



Sec. 63.117  Process vent provisions--reporting and recordkeeping 
requirements for group and TRE determinations and performance tests.

    (a) Each owner or operator subject to the control provisions for 
Group 1 process vents in Sec. 63.113(a) or the provisions for Group 2 
process vents with a TRE index value greater than 1.0 but less than or 
equal to 4.0 in Sec. 63.113(d) shall:
    (1) Keep an up-to-date, readily accessible record of the data 
specified in paragraphs (a)(4) through (a)(8) of this section, as 
applicable, and
    (2) Include the data in paragraphs (a)(4) through (a)(8) of this 
section in the Notification of Compliance Status report as specified in 
Sec. 63.152(b) of this subpart.
    (3) If any subsequent TRE determinations or performance tests are 
conducted after the Notification of Compliance Status has been 
submitted, report the data in paragraphs (a)(4) through (a)(8) of this 
section in the next Periodic Report as specified in Sec. 63.152(c) of 
this subpart.
    (4) Record and report the following when using a combustion device 
to achieve a 98 weight percent reduction in organic HAP or an organic 
HAP concentration of 20 parts per million by volume, as specified in 
Sec. 63.113(a)(2) of this subpart:
    (i) The parameter monitoring results for incinerators, catalytic 
incinerators, boilers or process heaters specified in table 3 of this 
subpart, and averaged over the same time period of the performance 
testing.
    (ii) For an incinerator, the percent reduction of organic HAP or TOC 
achieved by the incinerator determined as specified in Sec. 63.116(c) 
of this subpart, or the concentration of organic HAP or TOC (parts per 
million by volume, by compound) determined as specified in Sec. 
63.116(c) of this subpart at the outlet of the incinerator on a dry 
basis corrected to 3 percent oxygen.
    (iii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater.
    (iv) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or 
TOC, or the concentration of organic HAP or TOC (parts per million by 
volume, by compound) determined as specified in Sec. 63.116(c) at the 
outlet of

[[Page 208]]

the combustion device on a dry basis corrected to 3 percent oxygen.
    (5) Record and report the following when using a flare to comply 
with Sec. 63.113(a)(1) of this subpart:
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.116(a) of this subpart; 
and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated vent stream:
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 63.116(d) of 
this subpart;
    (ii) The pH of the scrubber effluent; and
    (iii) The scrubber liquid to gas ratio.
    (7) Record and report the following when achieving and maintaining a 
TRE index value greater than 1.0 but less than 4.0 as specified in Sec. 
63.113(a)(3) or Sec. 63.113(d) of this subpart:
    (i) The parameter monitoring results for absorbers, condensers, or 
carbon adsorbers, as specified in table 4 of this subpart, and averaged 
over the same time period of the measurements of vent stream flow rate 
and concentration used in the TRE determination (both measured while the 
vent stream is normally routed and constituted), and
    (ii) The measurements and calculations performed to determine the 
TRE index value of the vent stream.
    (8) Record and report the halogen concentration in the vent stream 
determined according to the procedures specified in Sec. 
63.115(d)(2)(v).
    (b) The owner or operator of a Group 2 process vent with a TRE index 
greater than 4.0 as specified in Sec. 63.113(e) of this subpart, shall 
maintain records and submit as part of the Notification of Compliance 
Status specified in Sec. 63.152 of this subpart, measurements, 
engineering assessments, and calculations performed to determine the TRE 
index value of the vent stream. Documentation of engineering assessments 
shall include all data, assumptions, and procedures used for the 
engineering assessments, as specified in Sec. 63.115(d)(1) of this 
subpart.
    (c) Each owner or operator who elects to demonstrate that a process 
vent is a Group 2 process vent based on a flow rate less than 0.005 
standard cubic meter per minute must submit to the Administrator the 
flow rate measurement using methods and procedures specified in Sec. 
63.115 (a) and (b) of this subpart with the Notification of Compliance 
Status specified in Sec. 63.152 of this subpart.
    (d) Each owner or operator who elects to demonstrate that a process 
vent is a Group 2 process vent based on organic HAP or TOC concentration 
less than 50 parts per million by volume must submit to the 
Administrator an organic HAP or TOC concentration measurement using the 
methods and procedures specified in Sec. 63.115 (a) and (c) of this 
subpart with the Notification of Compliance Status specified in Sec. 
63.152 of this subpart.
    (e) If an owner or operator uses a control or recovery device other 
than those listed in tables 3 and 4 of this subpart or requests approval 
to monitor a parameter other than those specified in tables 3 and 4 of 
this subpart, the owner or operator shall submit a description of 
planned reporting and recordkeeping procedures as required under Sec. 
63.151(f) or Sec. 63.152(e) of this subpart. The Administrator will 
specify appropriate reporting and recordkeeping requirements as part of 
the review of the permit application or by other appropriate means.
    (f) For each parameter monitored according to tables 3 or 4 of this 
subpart or paragraph (e) of this section, the owner or operator shall 
establish a range for the parameter that indicates proper operation of 
the control or recovery device. In order to establish the range, the 
information required in Sec. 63.152(b) of this subpart shall be 
submitted in the Notification of Compliance Status or the operating 
permit application or amendment.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 66 
FR 6932, Jan. 22, 2001]

[[Page 209]]



Sec. 63.118  Process vent provisions--periodic reporting and 
recordkeeping requirements.

    (a) Each owner or operator using a control device to comply with 
Sec. 63.113 (a)(1) or (a)(2) of this subpart shall keep the following 
records up-to-date and readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(a) of this subpart and 
listed in table 3 of this subpart or specified by the Administrator in 
accordance with Sec. 63.114(c) and Sec. 63.117(e) of this subpart. For 
flares, the hourly records and records of pilot flame outages specified 
in table 3 of this subpart shall be maintained in place of continuous 
records.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.152(f). For flares, records of the 
times and duration of all periods during which all pilot flames are 
absent shall be kept rather than daily averages.
    (3) Hourly records of whether the flow indicator specified under 
Sec. 63.114(d)(1) was operating and whether a diversion was detected at 
any time during the hour, as well as records of the times and durations 
of all periods when the gas stream is diverted to the atmosphere or the 
monitor is not operating.
    (4) Where a seal mechanism is used to comply with Sec. 63.114(d)(2) 
of this subpart, hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanism has been done, and shall record the 
duration of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type lock 
has been checked out, and records of any car-seal that has broken.
    (b) Each owner or operator using a recovery device or other means to 
achieve and maintain a TRE index value greater than 1.0 but less than 
4.0 as specified in Sec. 63.113(a)(3) or Sec. 63.113(d) of this 
subpart shall keep the following records up-to-date and readily 
accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(b) of this subpart and 
listed in table 4 of this subpart or specified by the Administrator in 
accordance with Sec. 63.114(c) of this subpart and Sec. 63.114(e) of 
this subpart and
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.152(f). If carbon adsorber regeneration 
stream flow and carbon bed regeneration temperature are monitored, the 
records specified in table 4 of this subpart shall be kept instead of 
the daily averages.
    (c) Each owner or operator subject to the provisions of this subpart 
and who elects to demonstrate compliance with the TRE index value 
greater than 4.0 under Sec. 63.113(e) of this subpart or greater than 
1.0 under Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart shall 
keep up-to-date, readily accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this 
subpart; and
    (2) Any recalculation of the TRE index value pursuant to Sec. 
63.115(e) of this subpart.
    (d) Each owner or operator who elects to comply by maintining a flow 
rate less than 0.005 standard cubic meter per minute under Sec. 
63.113(f) of this subpart, shall keep up-to-date, readily accessible 
records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this 
subpart that increase the vent stream flow rate,
    (2) Any recalculation or measurement of the flow rate pursuant to 
Sec. 63.115(e) of this subpart, and
    (3) If the flow rate increases to 0.005 standard cubic meter per 
minute or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) 
of this subpart.
    (e) Each owner or operator who elects to comply by maintaining an 
organic HAP concentration less than 50 parts per million by volume 
organic HAP concentration under Sec. 63.113(g) of this subpart shall 
keep up-to-date, readily accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) that increase 
the organic HAP concentration of the vent stream,

[[Page 210]]

    (2) Any recalculation or measurement of the concentration pursuant 
to Sec. 63.115(e) of this subpart, and
    (3) If the organic HAP concentration increases to 50 parts per 
million by volume or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) 
of this subpart.
    (f) Each owner or operator who elects to comply with the 
requirements of Sec. 63.113 of this subpart shall submit to the 
Administrator Periodic Reports of the following recorded information 
according to the schedule in Sec. 63.152 of this subpart.
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values recorded under paragraphs 
(a) and (b) of this section were outside the ranges established in the 
Notification of Compliance Status or operating permit.
    (2) For Group 1 points, reports of the duration of periods when 
monitoring data is not collected for each excursion caused by 
insufficient monitoring data as defined in Sec. 63.152(c)(2)(ii)(A) of 
this subpart.
    (3) Reports of the times and durations of all periods recorded under 
paragraph (a)(3) of this section when the gas stream is diverted to the 
atmosphere through a bypass line.
    (4) Reports of all periods recorded under paragraph (a)(4) of this 
section in which the seal mechanism is broken, the bypass line valve 
position has changed, or the key to unlock the bypass line valve was 
checked out.
    (5) Reports of the times and durations of all periods recorded under 
paragraph (a)(2) of this section in which all pilot flames of a flare 
were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (b)(2)(v) of this section were 
outside the ranges established in the Notification of Compliance Status 
or operating permit.
    (g) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent to become a Group 1 
process vent, the owner or operator shall submit a report within 180 
calendar days after the process change as specified in Sec. 63.151(j) 
of this subpart. The report shall include:
    (1) A description of the process change;
    (2) The results of the recalculation of the flow rate, organic HAP 
concentration, and TRE index value required under Sec. 63.115(e) of 
this subpart and recorded under paragraph (c), (d), or (e) of this 
section; and
    (3) A statement that the owner or operator will comply with the 
provisions of Sec. 63.113 of this subpart for Group 1 process vents by 
the dates specified in subpart F of this part.
    (h) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with a TRE greater 
than 4.0 to become a Group 2 process vent with a TRE less than 4.0, the 
owner or operator shall submit a report within 180 calendar days after 
the process change. The report may be submitted as part of the next 
periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the TRE index value required 
under Sec. 63.115(e) of this subpart and recorded under paragraph (c) 
of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (i) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with a flow rate 
less than 0.005 standard cubic meter per minute to become a Group 2 
process vent with a flow rate of 0.005 standard cubic meter per minute 
or greater and a TRE index value less than or equal to 4.0, the owner or 
operator shall submit a report within 180 calendar days after the 
process change. The report may be submitted as part of the next periodic 
report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the flow rate and the TRE 
determination required under Sec. 63.115(e) of this subpart and 
recorded under paragraph (d) of this section, and

[[Page 211]]

    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (j) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with an organic HAP 
concentration less than 50 parts per million by volume to become a Group 
2 process vent with an organic HAP concentration of 50 parts per million 
by volume or greater and a TRE index value less than or equal to 4.0, 
the owner or operator shall submit a report within 180 calendar days 
after the process change. The report may be submitted as part of the 
next periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the organic HAP 
concentration and the TRE determination required under Sec. 63.115(e) 
of this subpart and recorded under paragraph (e) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (k) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraph (k)(1), 
(k)(2), (k)(3), or (k)(4) of this section is met.
    (1) The process change does not meet the definition of a process 
change in Sec. 63.115(e) of this subpart, or
    (2) The vent stream flow rate is recalculated according to Sec. 
63.115(e) of this subpart and the recalculated value is less than 0.005 
standard cubic meter per minute, or
    (3) The organic HAP concentration of the vent stream is recalculated 
according to Sec. 63.115(e) of this subpart and the recalculated value 
is less than 50 parts per million by volume, or
    (4) The TRE index value is recalculated according to Sec. 63.115(e) 
of this subpart and the recalculated value is greater than 4.0.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997; 66 
FR 6932, Jan. 22, 2001]



Sec. 63.119  Storage vessel provisions--reference control technology.

    (a) For each storage vessel to which this subpart applies, the owner 
or operator shall comply with the requirements of paragraphs (a)(1), 
(a)(2), (a)(3), and (a)(4) of this section according to the schedule 
provisions of Sec. 63.100 of subpart F of this part.
    (1) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of the subpart for new sources) 
storing a liquid for which the maximum true vapor pressure of the total 
organic hazardous air pollutants in the liquid is less than 76.6 
kilopascals, the owner or operator shall reduce hazardous air pollutants 
emissions to the atmosphere either by operating and maintaining a fixed 
roof and internal floating roof, an external floating roof, an external 
floating roof converted to an internal floating roof, a closed vent 
system and control device, routing the emissions to a process or a fuel 
gas system, or vapor balancing in accordance with the requirements in 
paragraph (b), (c), (d), (e), (f), or (g) of this section, or equivalent 
as provided in Sec. 63.121 of this subpart.
    (2) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of this subpart for new 
sources) storing a liquid for which the maximum true vapor pressure of 
the total organic hazardous air pollutants in the liquid is greater than 
or equal to 76.6 kilopascals, the owner or operator shall operate and 
maintain a closed vent system and control device meeting the 
requirements specified in paragraph (e) of this section, route the 
emissions to a process or a fuel gas system as specified in paragraph 
(f) of this section, vapor balance as specified in paragraph (g) of this 
section, or equivalent as provided in Sec. 63.121 of this subpart.
    (3) For each Group 2 storage vessel that is not part of an emissions 
average as described in Sec. 63.150 of this subpart, the owner or 
operator shall comply with the recordkeeping requirement in Sec. 
63.123(a) of this subpart and is not required to comply with any other 
provisions in Sec. Sec. 63.119 through 63.123 of this subpart.
    (4) For each Group 2 storage vessel that is part of an emissions 
average,

[[Page 212]]

the owner or operator shall comply with the emissions averaging 
provisions in Sec. 63.150 of this subpart.
    (b) The owner or operator who elects to use a fixed roof and an 
internal floating roof, as defined in Sec. 63.111 of this subpart, to 
comply with the requirements of paragraph (a)(1) of this section shall 
comply with the requirements specified in paragraphs (b)(1) through 
(b)(6) of this section.
    Note: The intent of paragraphs (b)(1) and (b)(2) of this section is 
to avoid having a vapor space between the floating roof and the stored 
liquid for extended periods. Storage vessels may be emptied for purposes 
such as routine storage vessel maintenance, inspections, petroleum 
liquid deliveries, or transfer operations. Storage vessels where liquid 
is left on walls, as bottom clingage, or in pools due to floor 
irregularity are considered completely empty.
    (1) The internal floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (b)(1)(i) 
through (b)(1)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (2) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (3) Each internal floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge. Except 
as provided in paragraph (b)(3)(iv) of this section, the closure device 
shall consist of one of the devices listed in paragraph (b)(3)(i), 
(b)(3)(ii), or (b)(3)(iii) of this section.
    (i) A liquid-mounted seal as defined in Sec. 63.111 of this 
subpart.
    (ii) A metallic shoe seal as defined in Sec. 63.111 of this 
subpart.
    (iii) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the storage vessel and the edge of the internal floating roof. The lower 
seal may be vapor- mounted, but both must be continuous seals.
    (iv) If the internal floating roof is equipped with a vapor-mounted 
seal as of December 31, 1992, the requirement for one of the seal 
options specified in paragraphs (b)(3)(i), (b)(3)(ii), and (b)(3)(iii) 
of this section does not apply until the earlier of the dates specified 
in paragraphs (b)(3)(iv)(A) and (b)(3)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (4) Automatic bleeder vents are to be closed at all times when the 
roof is floating, except when the roof is being floated off or is being 
landed on the roof leg supports.
    (5) Except as provided in paragraph (b)(5)(viii) of this section, 
each internal floating roof shall meet the specifications listed in 
paragraphs (b)(5)(i) through (b)(5)(vii) of this section.
    (i) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents is to 
provide a projection below the liquid surface.
    (ii) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains shall be equipped with a cover or 
lid. The cover or lid shall be equipped with a gasket.
    (iii) Each penetration of the internal floating roof for the 
purposes of sampling shall be a sample well. Each sample well shall have 
a slit fabric cover that covers at least 90 percent of the opening.
    (iv) Each automatic bleeder vent shall be gasketed.
    (v) Each rim space vent shall be gasketed.
    (vi) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (vii) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (viii) If the internal floating roof does not meet any one of the 
specifications listed in paragraphs (b)(5)(i)

[[Page 213]]

through (b)(5)(vii) of this section as of December 31, 1992, the 
requirement for meeting those specifications does not apply until the 
earlier of the dates specified in paragraphs (b)(5)(viii)(A) and 
(b)(5)(viii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (6) Each cover or lid on any opening in the internal floating roof 
shall be closed (i.e., no visible gaps), except when the cover or lid 
must be open for access. Covers on each access hatch and each gauge 
float well shall be bolted or fastened so as to be air-tight when they 
are closed. Rim space vents are to be set to open only when the internal 
floating roof is not floating or when the pressure beneath the rim seal 
exceeds the manufacturer's recommended setting.
    (c) The owner or operator who elects to use an external floating 
roof, as defined in Sec. 63.111 of this subpart, to comply with the 
requirements of paragraph (a)(1) of this section shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(4) of this 
section.
    (1) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge.
    (i) Except as provided in paragraph (c)(1)(iv) of this section, the 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal and the upper seal is 
referred to as the secondary seal.
    (ii) Except as provided in paragraph (c)(1)(v) of this section, the 
primary seal shall be either a metallic shoe seal or a liquid-mounted 
seal.
    (iii) Except during the inspections required by Sec. 63.120(b) of 
this subpart, both the primary seal and the secondary seal shall 
completely cover the annular space between the external floating roof 
and the wall of the storage vessel in a continuous fashion.
    (iv) If the external floating roof is equipped with a liquid-mounted 
or metallic shoe primary seal as of December 31, 1992, the requirement 
for a secondary seal in paragraph (c)(1)(i) of this section does not 
apply until the earlier of the dates specified in paragraphs 
(c)(1)(iv)(A) and (c)(1)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (v) If the external floating roof is equipped with a vapor-mounted 
primary seal and a secondary seal as of December 31, 1992, the 
requirement for a liquid-mounted or metallic shoe primary seal in 
paragraph (c)(1)(ii) of this section does not apply until the earlier of 
the dates specified in paragraphs (c)(1)(v)(A) and (c)(1)(v)(B) of this 
section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (2) Each external floating roof shall meet the specifications listed 
in paragraphs (c)(2)(i) through (c)(2)(xii) of this section.
    (i) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in the noncontact external floating roof 
shall provide a projection below the liquid surface except as provided 
in paragraph (c)(2)(xii) of this section.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof is to be equipped with 
a gasketed cover, seal or lid which is to be maintained in a closed 
position (i.e., no visible gap) at all times except when the cover or 
lid must be open for access. Covers on each access hatch and each gauge 
float well shall be bolted or fastened so as to be air-tight when they 
are closed.
    (iii) Automatic bleeder vents are to be closed at all times when the 
roof is floating, except when the roof is being floated off or is being 
landed on the roof leg supports.
    (iv) Rim space vents are to be set to open only when the roof is 
being floated off the roof leg supports or when the pressure beneath the 
rim seal exceeds the manufacturer's recommended setting.
    (v) Automatic bleeder vents and rim space vents are to be gasketed.
    (vi) Each roof drain that empties into the stored liquid is to be 
provided with a slotted membrane fabric cover that

[[Page 214]]

covers at least 90 percent of the area of the opening.
    (vii) Each unslotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (viii) Each unslotted guide pole shall have on the end of the pole a 
gasketed cap which is closed at all times except when gauging the liquid 
level or taking liquid samples.
    (ix) Each slotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (x) Each slotted guide pole shall have a gasketed float or other 
device which closes off the liquid surface from the atmosphere.
    (xi) Each gauge hatch/sample well shall have a gasketed cover which 
is closed at all times except when the hatch or well must be open for 
access.
    (xii) If each opening in a noncontact external floating roof except 
for automatic bleeder vents (vacuum breaker vents) and rim space vents 
does not provide a projection below the liquid surface as of December 
31, 1992, the requirement for providing these projections below the 
liquid surface does not apply until the earlier of the dates specified 
in paragraphs (c)(2)(xii)(A) and (c)(2)(xii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    Note: The intent of paragraphs (c)(3) and (c)(4) of this section is 
to avoid having a vapor space between the floating roof and the stored 
liquid for extended periods. Storage vessels may be emptied for purposes 
such as routine storage vessel maintenance, inspections, petroleum 
liquid deliveries, or transfer operations. Storage vessels where liquid 
is left on walls, as bottom clingage, or in pools due to floor 
irregularity are considered completely empty.
    (3) The external floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (c)(3)(i) 
through (c)(3)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (4) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (d) The owner or operator who elects to use an external floating 
roof converted to an internal floating roof (i.e., fixed roof installed 
above external floating roof) to comply with paragraph (a)(1) of this 
section shall comply with paragraphs (d)(1) and (d)(2) of this section.
    (1) Comply with the requirements for internal floating roof vessels 
specified in paragraphs (b)(1), (2), and (3) of this section; and
    (2) Comply with the requirements for deck fittings that are 
specified for external floating roof vessels in paragraphs (c)(2)(i) 
through (c)(2)(xii) of this section.
    (e) The owner or operator who elects to use a closed vent system and 
control device, as defined in Sec. 63.111 of this subpart, to comply 
with the requirements of paragraph (a)(1) or (a)(2) of this section 
shall comply with the requirements specified in paragraphs (e)(1) 
through (e)(5) of this section.
    (1) Except as provided in paragraph (e)(2) of this section, the 
control device shall be designed and operated to reduce inlet emissions 
of total organic HAP by 95 percent or greater. If a flare is used as the 
control device, it shall meet the specifications described in the 
general control device requirements of Sec. 63.11(b) of subpart A of 
this part.
    (2) If the owner or operator can demonstrate that a control device 
installed on a storage vessel on or before December 31, 1992 is designed 
to reduce inlet emissions of total organic HAP by greater than or equal 
to 90 percent but less than 95 percent, then the control device is 
required to be operated to reduce inlet emissions of total organic HAP 
by 90 percent or greater.
    (3) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraph (e)(1) or (e)(2) of this section, as applicable, shall not 
exceed 240 hours per year.
    (4) The specifications and requirements in paragraphs (e)(1) and 
(e)(2) of this section for control devices do not

[[Page 215]]

apply during periods of planned routine maintenance.
    (5) The specifications and requirements in paragraphs (e)(1) and 
(e)(2) of this section for control devices do not apply during a control 
system malfunction.
    (6) An owner or operator may use a combination of control devices to 
achieve the required reduction of total organic hazardous air pollutants 
specified in paragraph (e)(1) of this section. An owner or operator may 
use a combination of control devices installed on a storage vessel on or 
before December 31, 1992 to achieve the required reduction of total 
organic hazardous air pollutants specified in paragraph (e)(2) of this 
section.
    (f) The owner or operator who elects to route emissions to a fuel 
gas system or to a process, as defined in Sec. 63.111 of this subpart, 
to comply with the requirements of paragraph (a)(1) or (a)(2) of this 
section shall comply with the requirements in paragraphs (f)(1) through 
(f)(3) of this section, as applicable.
    (1) If emissions are routed to a fuel gas system, there is no 
requirement to conduct a performance test or design evaluation. If 
emissions are routed to a process, the organic hazardous air pollutants 
in the emissions shall predominantly meet one of, or a combination of, 
the ends specified in paragraphs (f)(1)(i) through (f)(1)(iv) of this 
section. The owner or operator shall comply with the compliance 
demonstration requirements in Sec. 63.120(f).
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
organic hazardous air pollutants;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (2) If the emissions are conveyed by a system other than hard-
piping, any conveyance system operated under positive pressure shall be 
subject to the requirements of Sec. 63.148 of this subpart.
    (3) The fuel gas system or process shall be operating at all times 
when organic hazardous air pollutants emissions are routed to it except 
as provided in Sec. 63.102(a)(1) of subpart F of this part and in 
paragraphs (f)(3)(i) through (f)(3)(iii) of this section. Whenever the 
owner or operator by-passes the fuel gas system or process, the owner or 
operator shall comply with the recordkeeping requirement in Sec. 
63.123(h) of this subpart. Bypassing is permitted if the owner or 
operator complies with one or more of the conditions specified in 
paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
    (i) The liquid level in the storage vessel is not increased;
    (ii) The emissions are routed through a closed-vent system to a 
control device complying with Sec. 63.119(e) of this subpart; or
    (iii) The total aggregate amount of time during which the emissions 
by-pass the fuel gas system or process during the calendar year without 
being routed to a control device, for all reasons (except start-ups/
shutdowns/malfunctions or product changeovers of flexible operation 
units and periods when the storage vessel has been emptied and 
degassed), does not exceed 240 hours.
    (g) The owner or operator who elects to vapor balance to comply with 
the requirements of paragraphs (a)(1) and (2) of this section shall 
comply with paragraphs (g)(1) through (7) of this section and the 
recordkeeping requirements of Sec. 63.123(i).
    (1) The vapor balancing system must be designed and operated to 
route organic HAP vapors displaced from loading of the storage tank to 
the railcar, tank truck, or barge from which the storage tank is filled.
    (2) Tank trucks and railcars must have a current certification in 
accordance with the U.S. Department of Transportation pressure test 
requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for 
railcars. Barges must have a current certification of vapor-tightness 
through testing in accordance with 40 CFR 63.565.
    (3) Hazardous air pollutants must only be unloaded from tank trucks 
or railcars when vapor collection systems are connected to the storage 
tank's vapor collection system.
    (4) No pressure relief device on the storage tank, or on the railcar 
or tank truck, shall open during loading or as a

[[Page 216]]

result of diurnal temperature changes (breathing losses).
    (5) Pressure relief devices must be set to no less than 2.5 psig at 
all times to prevent breathing losses. Pressure relief devices may be 
set at values less than 2.5 psig if the owner or operator provides 
rationale in the notification of compliance status report explaining why 
the alternative value is sufficient to prevent breathing losses at all 
times. The owner or operator shall comply with paragraphs (g)(5)(i) 
through (iii) of this section for each pressure relief valve.
    (i) The pressure relief valve shall be monitored quarterly using the 
method described in Sec. 63.180(b).
    (ii) An instrument reading of 500 ppmv or greater defines a leak.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 5 days after it is detected, and the 
owner or operator shall comply with the recordkeeping requirements of 
Sec. 63.181(d)(1) through (4).
    (6) Railcars, tank trucks, or barges that deliver HAP to a storage 
tank must be reloaded or cleaned at a facility that utilizes the control 
techniques specified in paragraph (g)(6)(i) or (ii) of this section.
    (i) The railcar, tank truck, or barge must be connected to a closed-
vent system with a control device that reduces inlet emissions of HAP by 
95 percent by weight or greater.
    (ii) A vapor balancing system designed and operated to collect 
organic HAP vapor displaced from the tank truck, railcar, or barge 
during reloading must be used to route the collected HAP vapor to the 
storage tank from which the liquid being transferred originated.
    (7) The owner or operator of the facility where the railcar, tank 
truck, or barge is reloaded or cleaned must comply with paragraphs 
(g)(7)(i) through (iii) of this section.
    (i) Submit to the owner or operator of the storage tank and to the 
Administrator a written certification that the reloading or cleaning 
facility will meet the requirements of this section. The certifying 
entity may revoke the written certification by sending a written 
statement to the owner or operator of the storage tank giving at least 
90 days notice that the certifying entity is rescinding acceptance of 
responsibility for compliance with the requirements of this paragraph 
(g)(7).
    (ii) If complying with paragraph (g)(6)(i) of this section, comply 
with the requirements for a closed vent system and control device 
specified in Sec. Sec. 63.119 through 63.123.
    (iii) If complying with paragraph (g)(6)(ii) of this section, keep 
the records specified in Sec. 63.123(i)(3).

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997; 69 
FR 76863, Dec. 23, 2004]



Sec. 63.120  Storage vessel provisions--procedures to determine compliance.

    (a) To demonstrate compliance with Sec. 63.119(b) of this subpart 
(storage vessel equipped with a fixed roof and internal floating roof) 
or with Sec. 63.119(d) of this subpart (storage vessel equipped with an 
external floating roof converted to an internal floating roof), the 
owner or operator shall comply with the requirements in paragraphs 
(a)(1) through (a)(7) of this section.
    (1) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, and the secondary seal (if one is in 
service), according to the schedule specified in paragraphs (a)(2) and 
(a)(3) of this section.
    (2) For vessels equipped with a single-seal system, the owner or 
operator shall perform the inspections specified in paragraphs (a)(2)(i) 
and (a)(2)(ii) of this section.
    (i) Visually inspect the internal floating roof and the seal through 
manholes and roof hatches on the fixed roof at least once every 12 
months after initial fill, or at least once every 12 months after the 
compliance date specified in Sec. 63.100 of subpart F of this part.
    (ii) Visually inspect the internal floating roof, the seal, gaskets, 
slotted membranes, and sleeve seals (if any) each time the storage 
vessel is emptied and degassed, and at least once every 10 years after 
the compliance date specified in Sec. 63.100 of subpart F of this part.
    (3) For vessels equipped with a double-seal system as specified in 
Sec. 63.119(b)(3)(iii) of this subpart, the owner or operator shall 
perform either

[[Page 217]]

the inspection required in paragraph (a)(3)(i) of this section or the 
inspections required in both paragraphs (a)(3)(ii) and (a)(3)(iii) of 
this section.
    (i) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, the secondary seal, gaskets, slotted 
membranes, and sleeve seals (if any) each time the storage vessel is 
emptied and degassed and at least once every 5 years after the 
compliance date specified in Sec. 63.100 of subpart F of this part; or
    (ii) The owner or operator shall visually inspect the internal 
floating roof and the secondary seal through manholes and roof hatches 
on the fixed roof at least once every 12 months after initial fill, or 
at least once every 12 months after the compliance date specified in 
Sec. 63.100 of subpart F of this part, and
    (iii) Visually inspect the internal floating roof, the primary seal, 
the secondary seal, gaskets, slotted membranes, and sleeve seals (if 
any) each time the vessel is emptied and degassed and at least once 
every 10 years after the compliance date specified in Sec. 63.100 of 
subpart F of this part.
    (4) If during the inspections required by paragraph (a)(2)(i) or 
(a)(3)(ii) of this section, the internal floating roof is not resting on 
the surface of the liquid inside the storage vessel and is not resting 
on the leg supports; or there is liquid on the floating roof; or the 
seal is detached; or there are holes or tears in the seal fabric; or 
there are visible gaps between the seal and the wall of the storage 
vessel, the owner or operator shall repair the items or empty and remove 
the storage vessel from service within 45 calendar days. If a failure 
that is detected during inspections required by paragraph (a)(2)(i) or 
(a)(3)(ii) of this section cannot be repaired within 45 calendar days 
and if the vessel cannot be emptied within 45 calendar days, the owner 
or operator may utilize up to 2 extensions of up to 30 additional 
calendar days each. Documentation of a decision to utilize an extension 
shall include a description of the failure, shall document that 
alternate storage capacity is unavailable, and shall specify a schedule 
of actions that will ensure that the control equipment will be repaired 
or the vessel will be emptied as soon as practical.
    (5) Except as provided in paragraph (a)(6) of this section, for all 
the inspections required by paragraphs (a)(2)(ii), (a)(3)(i), and 
(a)(3)(iii) of this section, the owner or operator shall notify the 
Administrator in writing at least 30 calendar days prior to the 
refilling of each storage vessel to afford the Administrator the 
opportunity to have an observer present.
    (6) If the inspection required by paragraph (a)(2)(ii), (a)(3)(i), 
or (a)(3)(iii) of this section is not planned and the owner or operator 
could not have known about the inspection 30 calendar days in advance of 
refilling the vessel, the owner or operator shall notify the 
Administrator at least 7 calendar days prior to the refilling of the 
storage vessel. Notification may be made by telephone and immediately 
followed by written documentation demonstrating why the inspection was 
unplanned. Alternatively, the notification including the written 
documentation may be made in writing and sent so that it is received by 
the Administrator at least 7 calendar days prior to refilling.
    (7) If during the inspections required by paragraph (a)(2)(ii), 
(a)(3)(i), or (a)(3)(iii) of this section, the internal floating roof 
has defects; or the primary seal has holes, tears, or other openings in 
the seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or the gaskets no longer 
close off the liquid surface from the atmosphere; or the slotted 
membrane has more than 10 percent open area, the owner or operator shall 
repair the items as necessary so that none of the conditions specified 
in this paragraph exist before refilling the storage vessel with organic 
HAP.
    (b) To demonstrate compliance with Sec. 63.119(c) of this subpart 
(storage vessel equipped with an external floating roof), the owner or 
operator shall comply with the requirements specified in paragraphs 
(b)(1) through (b)(10) of this section.
    (1) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine the gap areas and maximum gap widths 
between the primary seal and the wall of the storage

[[Page 218]]

vessel, and the secondary seal and the wall of the storage vessel 
according to the frequency specified in paragraphs (b)(1)(i) through 
(b)(1)(iii) of this section.
    (i) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
primary seal shall be performed during the hydrostatic testing of the 
vessel or by the compliance date specified in Sec. 63.100 of subpart F 
of this part, whichever occurs last, and at least once every 5 years 
thereafter.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as 
provided for in Sec. 63.119(c)(1)(iv) of this subpart, measurements of 
gaps between the vessel wall and the primary seal shall be performed by 
the compliance date specified in Sec. 63.100 of subpart F of this part 
and at least once per year thereafter, until a secondary seal is 
installed. When a secondary seal is installed above the primary seal, 
measurements of gaps between the vessel wall and both the primary and 
secondary seals shall be performed within 90 calendar days of 
installation of the secondary seal, and according to the frequency 
specified in paragraphs (b)(1)(i) and (b)(1)(iii) of this section 
thereafter.
    (iii) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
secondary seal shall be performed by the compliance date specified in 
Sec. 63.100 of subpart F of this part and at least once per year 
thereafter.
    (iv) If any storage vessel ceases to store organic HAP for a period 
of 1 year or more, or if the maximum true vapor pressure of the total 
organic HAP's in the stored liquid falls below the values defining Group 
1 storage vessels specified in table 5 or table 6 of this subpart for a 
period of 1 year or more, measurements of gaps between the vessel wall 
and the primary seal, and gaps between the vessel wall and the secondary 
seal shall be performed within 90 calendar days of the vessel being 
refilled with organic HAP.
    (2) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine gap widths and gap areas in the 
primary and secondary seals (seal gaps) individually by the procedures 
described in paragraphs (b)(2)(i) through (b)(2)(iii) of this section.
    (i) Seal gaps, if any, shall be measured at one or more floating 
roof levels when the roof is not resting on the roof leg supports.
    (ii) Seal gaps, if any, shall be measured around the entire 
circumference of the vessel in each place where an 0.32 centimeter (\1/
8\ inch) diameter uniform probe passes freely (without forcing or 
binding against the seal) between the seal and the wall of the storage 
vessel. The circumferential distance of each such location shall also be 
measured.
    (iii) The total surface area of each gap described in paragraph 
(b)(2)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the vessel 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (3) The owner or operator shall add the gap surface area of each gap 
location for the primary seal and divide the sum by the nominal diameter 
of the vessel. The accumulated area of gaps between the vessel wall and 
the primary seal shall not exceed 212 square centimeters per meter of 
vessel diameter and the width of any portion of any gap shall not exceed 
3.81 centimeters.
    (4) The owner or operator shall add the gap surface area of each gap 
location for the secondary seal and divide the sum by the nominal 
diameter of the vessel. The accumulated area of gaps between the vessel 
wall and the secondary seal shall not exceed 21.2 square centimeters per 
meter of vessel diameter and the width of any portion of any gap shall 
not exceed 1.27 centimeters. These seal gap requirements may be exceeded 
during the measurement of primary seal gaps as required by paragraph 
(b)(1)(i) and (b)(1)(ii) of this section.
    (5) The primary seal shall meet the additional requirements 
specified in paragraphs (b)(5)(i) and (b)(5)(ii) of this section.
    (i) Where a metallic shoe seal is in use, one end of the metallic 
shoe shall extend into the stored liquid and the

[[Page 219]]

other end shall extend a minimum vertical distance of 61 centimeters 
above the stored liquid surface.
    (ii) There shall be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (6) The secondary seal shall meet the additional requirements 
specified in paragraphs (b)(6)(i) and (b)(6)(ii) of this section.
    (i) The secondary seal shall be installed above the primary seal so 
that it completely covers the space between the roof edge and the vessel 
wall except as provided in paragraph (b)(4) of this section.
    (ii) There shall be no holes, tears, or other openings in the seal 
or seal fabric.
    (7) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements required in paragraphs (b)(1) and (b)(2) of 
this section or to inspect the vessel to determine compliance with 
paragraphs (b)(5) and (b)(6) of this section because the floating roof 
appears to be structurally unsound and poses an imminent or potential 
danger to inspecting personnel, the owner or operator shall comply with 
the requirements in either paragraph (b)(7)(i) or (b)(7)(ii) of this 
section.
    (i) The owner or operator shall measure the seal gaps or inspect the 
storage vessel no later than 30 calendar days after the determination 
that the roof is unsafe, or
    (ii) The owner or operator shall empty and remove the storage vessel 
from service no later than 45 calendar days after determining that the 
roof is unsafe. If the vessel cannot be emptied within 45 calendar days, 
the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include an explanation of why it was unsafe to perform 
the inspection or seal gap measurement, shall document that alternate 
storage capacity is unavailable, and shall specify a schedule of actions 
that will ensure that the vessel will be emptied as soon as practical.
    (8) The owner or operator shall repair conditions that do not meet 
requirements listed in paragraphs (b)(3), (b)(4), (b)(5), and (b)(6) of 
this section (i.e., failures) no later than 45 calendar days after 
identification, or shall empty and remove the storage vessel from 
service no later than 45 calendar days after identification. If during 
seal gap measurements required in paragraph (b)(1) and (b)(2) of this 
section or during inspections necessary to determine compliance with 
paragraphs (b)(5) and (b)(6) of this section a failure is detected that 
cannot be repaired within 45 calendar days and if the vessel cannot be 
emptied within 45 calendar days, the owner or operator may utilize up to 
2 extensions of up to 30 additional calendar days each. Documentation of 
a decision to utilize an extension shall include a description of the 
failure, shall document that alternate storage capacity is unavailable, 
and shall specify a schedule of actions that will ensure that the 
control equipment will be repaired or the vessel will be emptied as soon 
as practical.
    (9) The owner or operator shall notify the Administrator in writing 
30 calendar days in advance of any gap measurements required by 
paragraph (b)(1) or (b)(2) of this section to afford the Administrator 
the opportunity to have an observer present.
    (10) The owner or operator shall visually inspect the external 
floating roof, the primary seal, secondary seal, and fittings each time 
the vessel is emptied and degassed.
    (i) If the external floating roof has defects; the primary seal has 
holes, tears, or other openings in the seal or the seal fabric; or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric; or the gaskets no longer close off the liquid surface from 
the atmosphere; or the slotted membrane has more than 10 percent open 
area, the owner or operator shall repair the items as necessary so that 
none of the conditions specified in this paragraph exist before filling 
or refilling the storage vessel with organic HAP.
    (ii) Except as provided in paragraph (b)(10)(iii) of this section, 
for all the inspections required by paragraph (b)(10) of this section, 
the owner or operator shall notify the Administrator in writing at least 
30 calendar days prior to

[[Page 220]]

filling or refilling of each storage vessel with organic HAP to afford 
the Administrator the opportunity to inspect the storage vessel prior to 
refilling.
    (iii) If the inspection required by paragraph (b)(10) of this 
section is not planned and the owner or operator could not have known 
about the inspection 30 calendar days in advance of refilling the vessel 
with organic HAP, the owner or operator shall notify the Administrator 
at least 7 calendar days prior to refilling of the storage vessel. 
Notification may be made by telephone and immediately followed by 
written documentation demonstrating why the inspection was unplanned. 
Alternatively, this notification including the written documentation may 
be made in writing and sent so that it is received by the Administrator 
at least 7 calendar days prior to the refilling.
    (c) To demonstrate compliance with Sec. 63.119(d) of this subpart 
(storage vessel equipped with an external floating roof converted to an 
internal floating roof), the owner or operator shall comply with the 
requirements of paragraph (a) of this section.
    (d) To demonstrate compliance with Sec. 63.119(e) of this subpart 
(storage vessel equipped with a closed vent system and control device) 
using a control device other than a flare, the owner or operator shall 
comply with the requirements in paragraphs (d)(1) through (d)(7) of this 
section, except as provided in paragraph (d)(8) of this section.
    (1) The owner or operator shall either prepare a design evaluation, 
which includes the information specified in paragraph (d)(1)(i) of this 
section, or submit the results of a performance test as described in 
paragraph (d)(1)(ii) of this section.
    (i) The design evaluation shall include documentation demonstrating 
that the control device being used achieves the required control 
efficiency during reasonably expected maximum filling rate. This 
documentation is to include a description of the gas stream which enters 
the control device, including flow and organic HAP content under varying 
liquid level conditions, and the information specified in paragraphs 
(d)(1)(i)(A) through (d)(1)(i)(E) of this section, as applicable.
    (A) If the control device receives vapors, gases or liquids, other 
than fuels, from emission points other than storage vessels subject to 
this subpart, the efficiency demonstration is to include consideration 
of all vapors, gases, and liquids, other than fuels, received by the 
control device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 [deg]C is used to meet 
the emission reduction requirement specified in Sec. 63.119 (e)(1) or 
(e)(2), as applicable, documentation that those conditions exist is 
sufficient to meet the requirements of paragraph (d)(1)(i) of this 
section.
    (C) Except as provided in paragraph (d)(1)(i)(B) of this section, 
for thermal incinerators, the design evaluation shall include the 
autoignition temperature of the organic HAP, the flow rate of the 
organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic HAP vapors for carbon, the amount of carbon in 
each bed, the number of beds, the humidity of the feed gases, the 
temperature of the feed gases, the flow rate of the organic HAP emission 
stream, the desorption schedule, the regeneration stream pressure or 
temperature, and the flow rate of the regeneration stream. For vacuum 
desorption, pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (ii) If the control device used to comply with Sec. 63.119(e) of 
this subpart is also used to comply with Sec. 63.113(a)(2), Sec. 
63.126(b)(1), or Sec. 63.139(c) of this subpart, the performance test 
required by Sec. 63.116(c), Sec. 63.128(a), or Sec. 63.139(d)(1) of 
this subpart is acceptable to demonstrate compliance with Sec. 
63.119(e) of this subpart. The owner or operator is not required to 
prepare a design evaluation for the control device as described in 
paragraph (d)(1)(i) of this section, if the performance tests meets the 
criteria specified in paragraphs

[[Page 221]]

(d)(1)(ii)(A) and (d)(1)(ii)(B) of this section.
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 63.119 (e)(1) or (e)(2) of this subpart, as 
applicable; and
    (B) The performance test is submitted as part of the Notification of 
Compliance Status required by Sec. 63.151(b) of this subpart.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.151 (b) of this subpart, a 
monitoring plan containing the information specified in paragraph 
(d)(2)(i) of this section and in either (d)(2)(ii) or (d)(2)(iii) of 
this section.
    (i) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed (e.g., when the liquid level in the storage vessel is being 
raised); and either
    (ii) The documentation specified in paragraph (d)(1)(i) of this 
section, if the owner or operator elects to prepare a design evaluation; 
or
    (iii) The information specified in paragraph (d)(2)(iii) (A) and (B) 
of this section if the owner or operator elects to submit the results of 
a performance test.
    (A) Identification of the storage vessel and control device for 
which the performance test will be submitted, and
    (B) Identification of the emission point(s) that share the control 
device with the storage vessel and for which the performance test will 
be conducted.
    (3) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
information specified in paragraphs (d)(3)(i) and, if applicable, 
(d)(3)(ii) of this section.
    (i) The operating range for each monitoring parameter identified in 
the monitoring plan. The specified operating range shall represent the 
conditions for which the control device is being properly operated and 
maintained.
    (ii) Results of the performance test described in paragraph 
(d)(1)(ii) of this section.
    (4) The owner or operator shall demonstrate compliance with the 
requirements of Sec. 63.119(e)(3) of this subpart (planned routine 
maintenance of a control device, during which the control device does 
not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, shall not exceed 240 hours per year) by 
including in each Periodic Report required by Sec. 63.152(c) of this 
subpart the information specified in Sec. 63.122(g)(1) of this subpart.
    (5) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status required in Sec. 63.152(b) of 
this subpart or in the operating permit and shall operate and maintain 
the control device such that the monitored parameters remain within the 
ranges specified in the Notification of Compliance Status.
    (6) Except as provided in paragraph (d)(7) of this section, each 
closed vent system shall be inspected as specified in Sec. 63.148 of 
this subpart. The initial and annual inspections required by Sec. 
63.148(b) of this subpart shall be done during filling of the storage 
vessel.
    (7) For any fixed roof tank and closed vent system that are operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (8) A design evaluation or performance test is not required, if the 
owner or operator uses a combustion device meeting the criteria in 
paragraph (d)(8)(i), (d)(8)(ii), (d)(8)(iii), or (d)(8)(iv) of this 
section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.

[[Page 222]]

    (iii) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (e) To demonstrate compliance with Sec. 63.119(e) of this subpart 
(storage vessel equipped with a closed vent system and control device) 
using a flare, the owner or operator shall comply with the requirements 
in paragraphs (e)(1) through (e)(6) of this section.
    (1) The owner or operator shall perform the compliance determination 
specified in Sec. 63.11(b) of subpart A of this part.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
information specified in paragraphs (e)(2)(i) through (e)(2)(iii) of 
this section.
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by paragraph (e)(1) of this section; 
and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (3) The owner or operator shall demonstrate compliance with the 
requirements of Sec. 63.119(e)(3) of this subpart (planned routine 
maintenance of a flare, during which the flare does not meet the 
specifications of Sec. 63.119(e)(1) of this subpart, shall not exceed 
240 hours per year) by including in each Periodic Report required by 
Sec. 63.152(c) of this subpart the information specified in Sec. 
63.122(g)(1) of this subpart.
    (4) The owner or operator shall continue to meet the general control 
device requirements specified in Sec. 63.11(b) of subpart A of this 
part.
    (5) Except as provided in paragraph (e)(6) of this section, each 
closed vent system shall be inspected as specified in Sec. 63.148 of 
this subpart. The inspections required to be performed in accordance 
with Sec. 63.148(c) of this subpart shall be done during filling of the 
storage vessel.
    (6) For any fixed roof tank and closed vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (f) To demonstrate compliance with Sec. 63.119(f) of this subpart 
(storage vessel routed to a process), the owner or operator shall 
prepare a design evaluation (or engineering assessment) that 
demonstrates the extent to which one or more of the ends specified in 
Sec. 63.119(f)(1)(i) through (f)(1)(iv) are being met. The owner or 
operator shall submit the design evaluation as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2748, Jan. 17, 1997]



Sec. 63.121  Storage vessel provisions--alternative means of emission 
limitation.

    (a) Determination of equivalence to the reduction in emissions 
achieved by the requirements of Sec. 63.119 (b), (c), or (d) of this 
subpart will be evaluated according to Sec. 63.102(b) of subpart F of 
this part.
    (b) The determination of equivalence referred to in paragraph (a) of 
this section will be based on the application to the Administrator which 
shall include the information specified in either paragraph (b)(1) or 
(b)(2) of this section.
    (1) Actual emissions tests that use full-size or scale-model storage 
vessels that accurately collect and measure all organic HAP emissions 
from a given control technique, and that accurately simulate wind and 
account for other emission variables such as temperature and barometric 
pressure, or
    (2) An engineering analysis that the Administrator determines is an 
accurate method of determining equivalence.



Sec. 63.122  Storage vessel provisions--reporting.

    (a) For each Group 1 storage vessel, the owner or operator shall 
comply

[[Page 223]]

with the requirements of paragraphs (a)(1) through (a)(5) of this 
section.
    (1) The owner or operator shall submit an Initial Notification as 
required by Sec. 63.151(b) of this subpart.
    (2) [Reserved]
    (3) The owner or operator shall submit a Notification of Compliance 
Status as required by Sec. 63.152(b) of this subpart and shall submit 
as part of the Notification of Compliance Status the information 
specified in paragraph (c) of this section.
    (4) The owner or operator shall submit Periodic Reports as required 
by Sec. 63.152(c) of this subpart and shall submit as part of the 
Periodic Reports the information specified in paragraphs (d), (e), (f), 
and (g) of this section.
    (5) The owner or operator shall submit, as applicable, other reports 
as required by Sec. 63.152(d) of this subpart, containing the 
information specified in paragraph (h) of this section.
    (b) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart by using a closed vent system and a control device other 
than a flare shall submit, as part of the Monitoring Plan, the 
information specified in Sec. 63.120(d)(2)(i) of this subpart and the 
information specified in either Sec. 63.120(d)(2)(ii) of this subpart 
or Sec. 63.120(d)(2)(iii) of this subpart.
    (c) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart by using a closed vent system and a control device shall 
submit, as part of the Notification of Compliance Status required by 
Sec. 63.152(b) of this subpart, the information specified in either 
paragraph (c)(1) or (c)(2) of this section. An owner or operator who 
elects to comply with Sec. 63.119(f) of this subpart by routing 
emissions to a process or to a fuel gas system shall submit, as part of 
the Notification of Compliance Status required by Sec. 63.152(b) of 
this subpart, the information specified in paragraph (c)(3) of this 
section.
    (1) If a control device other than a flare is used, the owner or 
operator shall submit the information specified in Sec. 63.120(d)(3)(i) 
and, if applicable, (d)(3)(ii) of this subpart.
    (2) If a flare is used, the owner or operator shall submit the 
information specified in Sec. 63.120(e)(2)(i), (e)(2)(ii), and 
(e)(2)(iii) of this subpart.
    (3) If emissions are routed to a process, the owner or operator 
shall submit the information specified in Sec. 63.120(f). If emissions 
are routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to the fuel gas system 
and whether the conveyance system is subject to the requirements of 
Sec. 63.148.
    (d) An owner or operator who elects to comply with Sec. 63.119(b) 
of this subpart by using a fixed roof and an internal floating roof or 
with Sec. 63.119(d) of this subpart by using an external floating roof 
converted to an internal floating roof shall submit, as part of the 
Periodic Report required under Sec. 63.152(c) of this subpart, the 
results of each inspection conducted in accordance with Sec. 63.120(a) 
of this subpart in which a failure is detected in the control equipment.
    (1) For vessels for which annual inspections are required under 
Sec. 63.120 (a)(2)(i) or (a)(3)(ii) of this subpart, the specifications 
and requirements listed in paragraphs (d)(1)(i) through (d)(1)(iii) of 
this section apply.
    (i) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on the 
floating roof; or the seal is detached from the internal floating roof; 
or there are holes, tears, or other openings in the seal or seal fabric; 
or there are visible gaps between the seal and the wall of the storage 
vessel.
    (ii) Except as provided in paragraph (d)(1)(iii) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (iii) If an extension is utilized in accordance with Sec. 
63.120(a)(4) of this subpart, the owner or operator shall, in the next 
Periodic Report, identify the vessel; include the documentation 
specified in Sec. 63.120(a)(4) of this subpart; and describe the date 
the storage vessel was emptied and the nature of and date the repair was 
made.

[[Page 224]]

    (2) For vessels for which inspections are required under Sec. 
63.120 (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this subpart, the 
specifications and requirements listed in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section apply.
    (i) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or the gaskets no longer close off the liquid surface 
from the atmosphere; or the slotted membrane has more than 10 percent 
open area.
    (ii) Each Periodic Report required under Sec. 63.152(c) of this 
subpart shall include the date of the inspection, identification of each 
storage vessel in which a failure was detected, and a description of the 
failure. The Periodic Report shall also describe the nature of and date 
the repair was made.
    (e) An owner or operator who elects to comply with Sec. 63.119(c) 
of this subpart by using an external floating roof shall meet the 
periodic reporting requirements specified in paragraphs (e)(1), (e)(2), 
and (e)(3) of this section.
    (1) The owner or operator shall submit, as part of the Periodic 
Report required under Sec. 63.152(c) of this subpart, documentation of 
the results of each seal gap measurement made in accordance with Sec. 
63.120(b) of this subpart in which the requirements of Sec. 63.120 
(b)(3), (b)(4), (b)(5), or (b)(6) of this subpart are not met. This 
documentation shall include the information specified in paragraphs 
(e)(1)(i) through (e)(1)(iv) of this section.
    (i) The date of the seal gap measurement.
    (ii) The raw data obtained in the seal gap measurement and the 
calculations described in Sec. 63.120 (b)(3) and (b)(4) of this 
subpart.
    (iii) A description of any condition specified in Sec. 63.120 
(b)(5) or (b)(6) of this subpart that is not met.
    (iv) A description of the nature of and date the repair was made, or 
the date the storage vessel was emptied.
    (2) If an extension is utilized in accordance with Sec. 
63.120(b)(7)(ii) or (b)(8) of this subpart, the owner or operator shall, 
in the next Periodic Report, identify the vessel; include the 
documentation specified in Sec. 63.120(b)(7)(ii) or (b)(8) of this 
subpart, as applicable; and describe the date the vessel was emptied and 
the nature of and date the repair was made.
    (3) The owner or operator shall submit, as part of the Periodic 
Report required under Sec. 63.152(c) of this subpart, documentation of 
any failures that are identified during visual inspections required by 
Sec. 63.120(b)(10) of this subpart. This documentation shall meet the 
specifications and requirements in paragraphs (e)(3)(i) and (e)(3)(ii) 
of this section.
    (i) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes, or other openings in 
the seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or the gaskets no longer 
close off the liquid surface from the atmosphere; or the slotted 
membrane has more than 10 percent open area.
    (ii) Each Periodic Report required under Sec. 63.152(c) of this 
subpart shall include the date of the inspection, identification of each 
storage vessel in which a failure was detected, and a description of the 
failure. The periodic report shall also describe the nature of and date 
the repair was made.
    (f) An owner or operator who elects to comply with Sec. 63.119(d) 
of this subpart by using an external floating roof converted to an 
internal floating roof shall comply with the periodic reporting 
requirements of paragraph (d) of this section.
    (g) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart by installing a closed vent system and control device 
shall submit, as part of the next Periodic Report required by Sec. 
63.152(c) of this subpart, the information specified in paragraphs 
(g)(1) through (g)(3) of this section.
    (1) As required by Sec. 63.120(d)(4) and Sec. 63.120(e)(3) of this 
subpart, the Periodic Report shall include the information specified in 
paragraphs (g)(1)(i) and (g)(1)(ii) of this section for those planned 
routine maintenance operations that would require the control device not 
to meet the requirements of

[[Page 225]]

Sec. 63.119 (e)(1) or (e)(2) of this subpart, as applicable.
    (i) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (ii) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, due to planned routine maintenance.
    (2) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Notification of 
Compliance Status in accordance with Sec. 63.120(d)(3)(i) of this 
subpart. The description shall include the information specified in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) Cause for the measured parameters to be outside of the 
established ranges.
    (3) If a flare is used, the Periodic Report shall describe each 
occurrence when the flare does not meet the general control device 
requirements specified in Sec. 63.11(b) of subpart A of this part and 
shall include the information specified in paragraphs (g)(3)(i) and 
(g)(3)(ii) of this section.
    (i) Identification of the flare which does not meet the general 
requirements specified in Sec. 63.11(b) of subpart A of this part, and
    (ii) Reason the flare did not meet the general requirements 
specified in Sec. 63.11(b) of subpart A of this part.
    (h) An owner or operator who elects to comply with Sec. 63.119 (b), 
(c), or (d) of this subpart shall submit, as applicable, the reports 
specified in paragraphs (h)(1) and (h)(2) of this section.
    (1) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of a storage vessel that has been emptied and degassed.
    (i) If the storage vessel is equipped with an internal floating roof 
as specified in Sec. 63.119(b) of this subpart, the notification shall 
meet the requirements of either Sec. 63.120 (a)(5) or (a)(6) of this 
subpart, as applicable.
    (ii) If the storage vessel is equipped with an external floating 
roof as specified in Sec. 63.119(c) of this subpart, the notification 
shall meet the requirements of either Sec. 63.120 (b)(10)(ii) or 
(b)(10)(iii) of this subpart, as applicable.
    (iii) If the storage vessel is equipped with an external floating 
roof converted into an internal floating roof as specified in Sec. 
63.119(d) of this subpart, the notification shall meet the requirements 
of either Sec. 63.120 (a)(5) or (a)(6) of this subpart, as applicable.
    (2) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator of a storage vessel equipped 
with an external floating roof as specified in Sec. 63.119(c) of this 
subpart shall notify the Administrator of any seal gap measurements. 
This notification shall meet the requirements of Sec. 63.120(b)(9) of 
this subpart.

[59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2748, Jan. 17, 1997]



Sec. 63.123  Storage vessel provisions--recordkeeping.

    (a) Each owner or operator of a Group 1 or Group 2 storage vessel 
shall keep readily accessible records showing the dimensions of the 
storage vessel and an analysis showing the capacity of the storage 
vessel. This record shall be kept as long as the storage vessel retains 
Group 1 or Group 2 status and is in operation. For each Group 2 storage 
vessel, the owner or operator is not required to comply with any other 
provisions of Sec. Sec. 63.119 through 63.123 of this subpart other 
than those required by this paragraph unless such vessel is part of an 
emissions average as described in Sec. 63.150 of this subpart.
    (b) [Reserved]

[[Page 226]]

    (c) An owner or operator who elects to comply with Sec. 63.119(b) 
of this subpart shall keep a record that each inspection required by 
Sec. 63.120(a) of this subpart was performed.
    (d) An owner or operator who elects to comply with Sec. 63.119(c) 
of this subpart shall keep records describing the results of each seal 
gap measurement made in accordance with Sec. 63.120(b) of this subpart. 
The records shall include the date of the measurement, the raw data 
obtained in the measurement, and the calculations described in Sec. 
63.120(b) (3) and (4) of this subpart.
    (e) An owner or operator who elects to comply with Sec. 63.119(d) 
of this subpart shall keep a record that each inspection required by 
Sec. 63.120 (a) and (c) of this subpart was performed.
    (f) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart shall keep in a readily accessible location the records 
specified in paragraphs (f)(1) and (f)(2) of this section.
    (1) A record of the measured values of the parameters monitored in 
accordance with Sec. 63.120(d)(5) of this subpart.
    (2) A record of the planned routine maintenance performed on the 
control device including the duration of each time the control device 
does not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of 
this subpart, as applicable, due to the planned routine maintenance. 
Such a record shall include the information specified in paragraphs 
(f)(2)(i) and (f)(2)(ii) of this section.
    (i) The first time of day and date the requirements of Sec. 63.119 
(e)(1) or (e)(2) of this subpart, as applicable, were not met at the 
beginning of the planned routine maintenance, and
    (ii) The first time of day and date the requirements of Sec. 63.119 
(e)(1) or (e)(2) of this subpart, as applicable, were met at the 
conclusion of the planned routine maintenance.
    (g) An owner or operator who elects to utilize an extension in 
emptying a storage vessel in accordance with Sec. 63.120 (a)(4), 
(b)(7)(ii), or (b)(8) of this subpart shall keep in a readily accessible 
location, the documentation specified in Sec. 63.120 (a)(4), 
(b)(7)(ii), or (b)(8), as applicable.
    (h) An owner or operator who uses the by-pass provisions of Sec. 
63.119(f)(3) of this subpart shall keep in a readily accessible location 
the records specified in paragraphs (h)(1) through (h)(3) of this 
section.
    (1) The reason it was necessary to by-pass the process equipment or 
fuel gas system;
    (2) The duration of the period when the process equipment or fuel 
gas system was by-passed;
    (3) Documentation or certification of compliance with the applicable 
provisions of Sec. 63.119(f)(3)(i) through Sec. 63.119(f)(3)(iii).
    (i) An owner or operator who elects to comply with Sec. 63.119(g) 
shall keep the records specified in paragraphs(i)(1) through (3) of this 
section.
    (1) A record of the U.S. Department of Transportation certification 
required by Sec. 63.119(g)(2).
    (2) A record of the pressure relief vent setting specified in Sec. 
63.119(g)(5).
    (3) If complying with Sec. 63.119(g)(6)(ii), keep the records 
specified in paragraphs (i)(3)(i) and (ii) of this section.
    (i) A record of the equipment to be used and the procedures to be 
followed when reloading the railcar, tank truck, or barge and displacing 
vapors to the storage tank from which the liquid originates.
    (ii) A record of each time the vapor balancing system is used to 
comply with Sec. 63.119(g)(6)(ii).

[59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2748, Jan. 17, 1997; 69 FR 76863, Dec. 23, 2004]



Sec. Sec. 63.124-63.125  [Reserved]



Sec. 63.126  Transfer operations provisions--reference control technology.

    (a) For each Group 1 transfer rack the owner or operator shall equip 
each transfer rack with a vapor collection system and control device.
    (1) Each vapor collection system shall be designed and operated to 
collect the organic hazardous air pollutants vapors displaced from tank 
trucks or railcars during loading, and to route the collected hazardous 
air pollutants vapors to a process, or to a fuel gas system, or to a 
control device as provided in paragraph (b) of this section.
    (2) Each vapor collection system shall be designed and operated such 
that organic HAP vapors collected at

[[Page 227]]

one loading arm will not pass through another loading arm in the rack to 
the atmosphere.
    (3) Whenever organic hazardous air pollutants emissions are vented 
to a process, fuel gas system, or control device used to comply with the 
provisions of this subpart, the process, fuel gas system, or control 
device shall be operating.
    (b) For each Group 1 transfer rack the owner or operator shall 
comply with paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section.
    (1) Use a control device to reduce emissions of total organic 
hazardous air pollutants by 98 weight-percent or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent. For combustion devices, the emission reduction or 
concentration shall be calculated on a dry basis, corrected to 3-percent 
oxygen. If a boiler or process heater is used to comply with the percent 
reduction requirement, then the vent stream shall be introduced into the 
flame zone of such a device. Compliance may be achieved by using any 
combination of combustion, recovery, and/or recapture devices.
    (2) Reduce emissions of organic HAP's using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) 
of subpart A of this part.
    (ii) Halogenated vent streams, as defined in Sec. 63.111 of this 
subpart, shall not be vented to a flare.
    (3) Reduce emissions of organic hazardous air pollutants using a 
vapor balancing system designed and operated to collect organic 
hazardous air pollutants vapors displaced from tank trucks or railcars 
during loading; and to route the collected hazardous air pollutants 
vapors to the storage vessel from which the liquid being loaded 
originated, or to another storage vessel connected to a common header, 
or to compress and route to a process collected hazardous air pollutants 
vapors.
    (4) Route emissions of organic hazardous air pollutants to a fuel 
gas system or to a process where the organic hazardous air pollutants in 
the emissions shall predominantly meet one of, or a combination of, the 
ends specified in paragraphs (b)(4)(i) through (b)(4)(iv) of this 
section.
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
organic hazardous air pollutants;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (c) For each Group 2 transfer rack, the owner or operator shall 
maintain records as required in Sec. 63.130(f). No other provisions for 
transfer racks apply to the Group 2 transfer rack.
    (d) Halogenated emission streams from Group 1 transfer racks that 
are combusted shall be controlled according to paragraph (d)(1) or 
(d)(2) of this section. Determination of whether a vent stream is 
halogenated shall be made using procedures in (d)(3).
    (1) If a combustion device is used to comply with paragraph (b)(1) 
of this section for a halogenated vent stream, then the vent stream 
exiting the combustion device shall be ducted to a halogen reduction 
device, including, but not limited to, a scrubber before it is 
discharged to the atmosphere.
    (i) Except as provided in paragraph (d)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99 
percent or shall reduce the outlet mass emission rate of total hydrogen 
halides and halogens to 0.45 kilograms per hour or less, whichever is 
less stringent.
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the halogen reduction device shall reduce 
overall emissions of hydrogen halides and halogens, as defined in Sec. 
63.111 of this subpart, by 95 percent or shall reduce the outlet mass of 
total hydrogen halides and halogens to less than 0.45 kilograms per 
hour, whichever is less stringent.
    (2) A halogen reduction device, such as a scrubber, or other 
technique may be used to make the vent stream non-halogenated by 
reducing the vent stream halogen atom mass emission rate to less than 
0.45 kilograms per hour prior to any combustion control device used to 
comply with the requirements of paragraphs (b)(1) or (b)(2) of this 
section.

[[Page 228]]

    (3) In order to determine whether a vent stream is halogenated, the 
mass emission rate of halogen atoms contained in organic compounds shall 
be calculated.
    (i) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume by compound) shall 
be determined based on the following procedures:
    (A) Process knowledge that no halogen or hydrogen halides are 
present in the process, or
    (B) Applicable engineering assessment as specified in Sec. 
63.115(d)(1)(iii) of this subpart, or
    (C) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (D) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (ii) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR22AP94.211

where:

E=Mass of halogen atoms, dry basis, kilograms per hour.
K2=Constant, 2.494 x 10-6 (parts per 
million)-1 (kilogram-mole per standard cubic meter) (minute/
hour), where standard temperature is 20 [deg]C.
Cj=Concentration of halogenated compound j in the gas stream, 
dry basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the 
gas stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas 
stream.
Vs=Flow rate of gas stream, dry standard cubic meters per 
minute, determined according to Sec. 63.128(a)(8) of this subpart.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.

    (e) For each Group 1 transfer rack the owner or operator shall load 
organic HAP's into only tank trucks and railcars which:
    (1) Have a current certification in accordance with the U. S. 
Department of Transportation pressure test requirements of 49 CFR part 
180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 12 
months, as determined by the procedures in Sec. 63.128(f) of this 
subpart. Vapor-tight means that the truck or railcar tank will sustain a 
pressure change of not more than 750 pascals within 5 minutes after it 
is pressurized to a minimum of 4,500 pascals.
    (f) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall load organic HAP's to only tank trucks 
or railcars equipped with vapor collection equipment that is compatible 
with the transfer rack's vapor collection system.
    (g) The owner or operator of a transfer rack subject to this subpart 
shall load organic HAP's to only tank trucks or railcars whose 
collection systems are connected to the transfer rack's vapor collection 
systems.
    (h) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure-relief device 
in the transfer rack's vapor collection system or in the organic 
hazardous air pollutants loading equipment of each tank truck or railcar 
shall begin to open during loading. Pressure relief devices needed for 
safety purposes are not subject to this paragraph.
    (i) Each valve in the vent system that would divert the vent stream 
to the atmosphere, either directly or indirectly, shall be secured in a 
non-diverting position using a carseal or a lock-and-key type 
configuration, or shall be equipped with a flow indicator. Equipment 
such as low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and pressure relief devices needed for safety purposes 
is not subject to this paragraph.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997]

[[Page 229]]



Sec. 63.127  Transfer operations provisions--monitoring requirements.

    (a) Each owner or operator of a Group 1 transfer rack equipped with 
a combustion device used to comply with the 98 percent total organic 
hazardous air pollutants reduction or 20 parts per million by volume 
outlet concentration requirements in Sec. 63.126(b)(1) of this subpart 
shall install, calibrate, maintain, and operate according to the 
manufacturers' specifications (or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately) the monitoring equipment specified in paragraph 
(a)(1), (a)(2), (a)(3), or (a)(4) of this section, as appropriate.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, a device (including but not limited to a 
thermocouple, infrared sensor, or an ultra-violet beam sensor) capable 
of continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater with a design heat input 
capacity less than 44 megawatts is used, a temperature monitoring device 
in the firebox equipped with a continuous recorder is required. Any 
boiler or process heater in which all vent streams are introduced with 
the primary fuel or are used as the primary fuel is exempt from this 
requirement.
    (4) Where a scrubber is used with an incinerator, boiler, or process 
heater in the case of halogenated vent streams, the following monitoring 
equipment is required for the scrubber:
    (i) A pH monitoring device equipped with a continuous recorder shall 
be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(a)(4)(ii)(A) through (a)(4)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart 
specified in Sec. 63.100(k) of subpart F of this part, the owner or 
operator may determine gas stream flow by the method that had been 
utilized to comply with those regulations. A determination that was 
conducted prior to the compliance date for this subpart may be utilized 
to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than start-ups, shutdowns, or malfunctions. The plan shall include 
a description of the methodology to be followed and an explanation of 
how the selected methodology will reliably determine the gas stream 
flow, and a description of the records that will be maintained to 
document the determination of gas stream flow. The owner or operator 
shall maintain the plan as specified in Sec. 63.103(c).
    (b) Each owner or operator of a Group 1 transfer rack that uses a 
recovery device or recapture device to comply with the 98-percent 
organic hazardous air pollutants reduction or 20 parts per million by 
volume hazardous air pollutants concentration requirements in Sec. 
63.126(b)(1) of this subpart shall install either an organic

[[Page 230]]

monitoring device equipped with a continuous recorder, or the monitoring 
equipment specified in paragraph (b)(1), (b)(2), or (b)(3) of this 
section, depending on th