[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2006 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          40


          Part 63 (Sec. Sec.  63.1200 to 63.1439)

                         Revised as of July 1, 2006


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2006
          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........     671
      Table of CFR Titles and Chapters........................     673
      Alphabetical List of Agencies Appearing in the CFR......     691
      List of CFR Sections Affected...........................     701

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
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    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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citations for the regulations are referred to by volume number and page 
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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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Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
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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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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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appearing in the Code of Federal Regulations.

INQUIRIES

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

July 1, 2006.

[[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, 2006.

    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 EEE_National Emission Standards for Hazardous Air Pollutants 
                     from Hazardous Waste Combustors

                                 General

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

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

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

                  Monitoring and Compliance Provisions

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

                Notification, Reporting and Recordkeeping

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

                                  Other

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

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

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

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

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

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

Subpart FFF [Reserved]

 Subpart GGG_National Emission Standards for Pharmaceuticals Production

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

Table 1 to Subpart GGG--General Provisions Applicability to Subpart GGG
Table 2 to Subpart GGG--Partially Soluble HAP
Table 3 to Subpart GGG--Soluble HAP
Table 4 to Subpart GGG--Monitoring Requirements for Control Devices
Table 5 to Subpart GGG--Control Requirements for Items of Equipment That 
          Meet the Criteria of Sec. 63.1252(f)
Table 6 to Subpart GGG--Wastewater--Compliance Options for Wastewater 
          Tanks

[[Page 6]]

Table 7 to Subpart GGG--Wastewater--Inspection and Monitoring 
          Requirements for Waste Management Units
Table 8 to Subpart GGG--Fraction Measured (Fm) for HAP 
          Compounds in Wastewater Streams
Table 9 to Subpart GGG--Default Biorates for List 1 Compounds

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

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

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

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

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

Appendix to Subpart III--Tables: Note
Table 1 to Subpart III--HAP ABA Formulation Limitations Matrix for New 
          Sources [see Sec. 63.1297(d)(2)]
Table 2 to Subpart III--Applicability of General Provisions (40 CFR Part 
          63, Subpart A) to Subpart III
Table 3 to Subpart III--Compliance Requirements for Slabstock Foam 
          Production Affected Sources Complying with the Emission Point 
          Specific Limitations
Table 4 to Subpart III--Compliance Requirements for Slabstock Foam 
          Production Affected Sources Complying With the Source-Wide 
          Emission Limitation
Table 5 to Subpart III--Compliance Requirements for Molded and Rebond 
          Foam Production Affected Sources

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

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

[[Page 7]]

63.1324 Batch process vents--monitoring equipment.
63.1325 Batch process vents--performance test methods and procedures to 
          determine compliance.
63.1326 Batch process vents--recordkeeping provisions.
63.1327 Batch process vents--reporting requirements.
63.1328 Heat exchange systems provisions.
63.1329 Process contact cooling towers provisions.
63.1330 Wastewater provisions.
63.1331 Equipment leak provisions.
63.1332 Emissions averaging provisions.
63.1333 Additional requirements for performance testing.
63.1334 Parameter monitoring levels and excursions.
63.1335 General recordkeeping and reporting provisions.
63.1336 Implementation and enforcement.

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

Subpart KKK [Reserved]

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

                                 General

63.1340 Applicability and designation of affected sources.
63.1341 Definitions.

                 Emission Standards and Operating Limits

63.1342 Standards: General.
63.1343 Standards for kilns and in-line kiln/raw mills.
63.1344 Operating limits for kilns and in-line kiln/raw mills.
63.1345 Standards for clinker coolers.
63.1346 Standards for new and reconstructed raw material dryers.
63.1347 Standards for raw and finish mills.
63.1348 Standards for affected sources other than kilns; in-line kiln 
          raw mills; clinker coolers; new and reconstructed raw material 
          dryers; and raw and finish mills.

                  Monitoring and Compliance Provisions

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

                Notification, Reporting and Recordkeeping

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

                                  Other

63.1356 Exemption from new source performance standards.
63.1357 Temporary, conditioned exemption from particulate and opacity 
          standards.
63.1358 Implementation and enforcement.
63.1359 [Reserved]

Table 1 to Subpart LLL--Applicability of General Provisions

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

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

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

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

63.1380 Applicability.
63.1381 Definitions.
63.1382 Emission standards.

[[Page 8]]

63.1383 Monitoring requirements.
63.1384 Performance test requirements.
63.1385 Test methods and procedures.
63.1386 Notification, recordkeeping, and reporting requirements.
63.1387 Compliance dates.
63.1388 Implementation and enforcement.
63.1389-63.1399 [Reserved]

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

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

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

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

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

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

Table 1 to Subpart PPP--Applicability of General Provisions to Subpart 
          PPP Affected Sources
Table 2 to Subpart PPP--Applicability of Subparts F, G, H, and U to 
          Subpart PPP Affected Sources
Table 3 to Subpart PPP--Group 1 Storage Vessels at Existing and New 
          Affected Sources
Table 4 to Subpart PPP--Known Organic HAP From Polyether Polyol Products
Table 5 to Subpart PPP--Process Vents From Batch Unit Operations--
          Monitoring, Recordkeeping, and Reporting Requirements
Table 6 to Subpart PPP--Process Vents From Continuous Unit Operations--
          Monitoring, Recordkeeping, and Reporting Requirements
Table 7 to Subpart PPP--Operating Parameters for Which Monitoring Levels 
          are Required To Be Established for Process Vents Streams

[[Page 9]]

Table 8 to Subpart PPP--Routine Reports Required by This Subpart

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

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



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

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

                                 General



Sec. 63.1200  Who is subject to these regulations?

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

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

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

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



Sec. 63.1201  Definitions and acronyms used in this subpart.

    (a) The terms used in this subpart are defined in the Act, in 
subpart A of this part, or in this section as follows:
    Air pollution control system means the equipment used to reduce the 
release of particulate matter and other pollutants to the atmosphere.

[[Page 10]]

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

[[Page 11]]

such as cement kiln dust and internally recycled metals) exit the 
combustion chamber. For combustors with multiple firing systems whereby 
the residence time may vary for the firing systems, the hazardous waste 
residence time for purposes of complying with this subpart means the 
longest residence time for any firing system in use at the time of the 
waste cutoff.
    Hazardous waste solid fuel boiler means a boiler defined under Sec. 
260.10 of this chapter that burns a solid fuel and that burns hazardous 
waste at any time.
    Initial comprehensive performance test means the comprehensive 
performance test that is used as the basis for initially demonstrating 
compliance with the standards.
    In-line kiln raw mill means a hazardous waste burning cement kiln 
design whereby kiln gas is ducted through the raw material mill for 
portions of time to facilitate drying and heating of the raw material.
    Instantaneous monitoring for combustion system leak control means 
detecting and recording pressure, without use of an averaging period, at 
a frequency adequate to detect combustion system leak events from 
hazardous waste combustion.
    Monovent means an exhaust configuration of a building or emission 
control device (e.g. positive pressure fabric filter) that extends the 
length of the structure and has a width very small in relation to its 
length (i.e., length to width ratio is typically greater than 5:1). The 
exhaust may be an open vent with or without a roof, louvered vents, or a 
combination of such features.
    MTEC means maximum theoretical emissions concentration of metals or 
HCl/Cl, expressed as [micro]g/dscm, and is calculated by dividing the 
feedrate by the gas flowrate.
    New source means any affected source the construction or 
reconstruction of which is commenced after the dates specified under 
Sec. Sec. 63.1206(a)(1)(i)(B), (a)(1)(ii)(B), and (a)(2)(ii).
    One-minute average means the average of detector responses 
calculated at least every 60 seconds from responses obtained at least 
every 15 seconds.
    Operating record means a documentation retained at the facility for 
ready inspection by authorized officials of all information required by 
the standards to document and maintain compliance with the applicable 
regulations, including data and information, reports, notifications, and 
communications with regulatory officials.
    Operating requirements means operating terms or conditions, limits, 
or operating parameter limits developed under this subpart that ensure 
compliance with the emission standards.
    Preheater tower combustion gas monitoring location means a location 
within the preheater tower of a dry process cement kiln downstream (in 
terms of gas flow) of all hazardous waste firing locations and where a 
representative sample of combustion gas to measure combustion efficiency 
can be monitored.
    Raw material feed means the prepared and mixed materials, which 
include but are not limited to materials such as limestone, clay, shale, 
sand, iron ore, mill scale, cement kiln dust and flyash, that are fed to 
a cement or lightweight aggregate kiln. Raw material feed does not 
include the fuels used in the kiln to produce heat to form the clinker 
product.
    Research, development, and demonstration source means a source 
engaged in laboratory, pilot plant, or prototype demonstration 
operations:
    (1) Whose primary purpose is to conduct research, development, or 
short-term demonstration of an innovative and experimental hazardous 
waste treatment technology or process; and
    (2) Where the operations are under the close supervision of 
technically-trained personnel.
    Rolling average means the average of all one-minute averages over 
the averaging period.
    Run means the net period of time during which an air emission sample 
is collected under a given set of operating conditions. Three or more 
runs constitutes a test. Unless otherwise specified, a run may be either 
intermittent or continuous.
    Run average means the average of the one-minute average parameter 
values for a run.
    System removal efficiency means [1 - Emission Rate (mass/time) / 
Feedrate (mass/time)] X 100.

[[Page 12]]

    TEQ means the international method of expressing toxicity 
equivalents for dioxins and furans as defined in U.S. EPA, Interim 
Procedures for Estimating Risks Associated with Exposures to Mixtures of 
Chlorinated Dibenzo-p-dioxins and -dibenzofurans (CDDs and CDFs) and 
1989 Update, March 1989.
    You means the owner or operator of a hazardous waste combustor.
    (b) The acronyms used in this subpart refer to the following:
    AWFCO means automatic waste feed cutoff.
    CAS means chemical abstract services registry.
    CEMS means continuous emissions monitoring system.
    CMS means continuous monitoring system.
    DRE means destruction and removal efficiency.
    MACT means maximum achievable control technology.
    MTEC means maximum theoretical emissions concentration.
    NIC means notification of intent to comply.

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



Sec. 63.1202  [Reserved]

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



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

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial particulate matter control device is 400 [deg]F or lower based 
on the average of the test run average temperatures. (For purposes of 
compliance, operation of a wet particulate control device is presumed to 
meet the 400 [deg]F or lower requirement);
    (2) Mercury in excess of 130 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 240 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 97 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (a)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec. 
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 77 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 34 mg/dscm corrected to 7 
percent oxygen.
    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1) Dioxins and furans in excess of 0.20 ng TEQ/dscm, corrected to 7 
percent oxygen;
    (2) Mercury in excess of 45 [micro]g/dscm corrected to 7 percent 
oxygen;

[[Page 13]]

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

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

Where:

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

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

[67 FR 6809, Feb. 13, 2002, as amended at 70 FR 59541, Oct. 12, 2005]

[[Page 14]]



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

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 [deg]F or lower 
based on the average of the test run average temperatures;
    (2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 330 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 56 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, either:
    (A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling 
system in excess of 100 parts per million by volume, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis and corrected to 7 percent oxygen. If you 
elect to comply with this carbon monoxide standard rather than the 
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you 
must also document that, during the destruction and removal efficiency 
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7), 
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not 
exceed 10 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (B) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane;
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, either:
    (A) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (B) Carbon monoxide in the main stack in excess of 100 parts per 
million by volume, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis 
and corrected to 7 percent oxygen. If you elect to comply with this 
carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (a)(5)(ii)(A) of this section, you also must document that, 
during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons in the main 
stack do not exceed 20 parts per million by volume during those runs, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane.
    (6) Hydrochloric acid and chlorine gas in excess of 130 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis, corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity 
greater than 20 percent.
    (i) You must use suitable methods to determine the kiln raw material 
feedrate.
    (ii) Except as provided in paragraph (a)(7)(iii) of this section, 
you must compute the particulate matter emission rate, E, from the 
following equation:

E=(CsxQsd)/P

Where:

E=emission rate of particulate matter, kg/Mg of kiln raw material feed;
Cs=concentration of particulate matter, kg/dscm;

[[Page 15]]

Qsd=volumetric flowrate of effluent gas, dscm/hr; and
P=total kiln raw material feed (dry basis), Mg/hr.

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

Ec=(CskxQsdk+CsbxQsdb
    )/P

Where:

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

    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 [deg]F or lower 
based on the average of the test run average temperatures;
    (2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 180 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 54 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, carbon monoxide and 
hydrocarbons emissions are limited in both the bypass duct or midkiln 
gas sampling system and the main stack as follows:
    (A) Emissions in the by-pass or midkiln gas sampling system are 
limited to either:
    (1) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this 
section, you also must document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec. 
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (2) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane; and
    (B) Hydrocarbons in the main stack are limited, if construction of 
the kiln commenced after April 19, 1996 at a plant site where a cement 
kiln (whether burning hazardous waste or not) did not previously exist, 
to 50 parts per million by volume, over a 30-day block average 
(monitored continuously with a continuous monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane.
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, hydrocarbons and carbon monoxide are limited in the 
main stack to either:
    (A) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane; or
    (B)(1) Carbon monoxide not exceeding 100 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen; and
    (2) Hydrocarbons not exceeding 20 parts per million by volume, over 
an

[[Page 16]]

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

DRE=[1-(Wout/Win)]x100%

Where:

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

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this 
chapter), you must achieve a destruction and removal efficiency (DRE) of 
99.9999% for each principle organic hazardous constituent (POHC) that 
you designate under paragraph (c)(3) of this section. You must 
demonstrate this DRE performance on POHCs that are more difficult to 
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and 
dibenzofurans. You must use the equation in paragraph (c)(1) of this 
section to calculate DRE for each POHC. In addition, you must notify the 
Administrator of your intent to incinerate hazardous wastes F020, F021, 
F022, F023, F026, or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the Principal Organic Hazardous Constituents (POHCs) in the waste 
feed that you specify under paragraph (c)(3)(ii) of this section to the 
extent required by paragraphs (c)(1) and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Cement kilns with in-line kiln raw mills--(1) General. (i) You 
must conduct performance testing when the raw mill is on-line and when 
the mill is off-line to demonstrate compliance with the emission 
standards, and you must establish separate operating parameter limits 
under Sec. 63.1209 for each mode of operation, except as provided by 
paragraph (d)(1)(iv) of this section.
    (ii) You must document in the operating record each time you change 
from one mode of operation to the alternate mode and begin complying 
with the operating parameter limits for that alternate mode of 
operation.

[[Page 17]]

    (iii) You must calculate rolling averages for operating parameter 
limits as provided by Sec. 63.1209(q)(2).
    (iv) If your in-line kiln raw mill has dual stacks, you may assume 
that the dioxin/furan emission levels in the by-pass stack and the 
operating parameter limits determined during performance testing of the 
by-pass stack when the raw mill is off-line are the same as when the 
mill is on-line.
    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine 
gas emission standards on a time-weighted average basis under the 
following procedures:
    (i) Averaging methodology. You must calculate the time-weighted 
average emission concentration with the following equation:

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

Where:

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

    (ii) Compliance. (A) If you use this emission averaging provision, 
you must document in the operating record compliance with the emission 
standards on an annual basis by using the equation provided by paragraph 
(d)(2) of this section.
    (B) Compliance is based on one-year block averages beginning on the 
day you submit the initial notification of compliance.
    (iii) Notification. (A) If you elect to document compliance with one 
or more emission standards using this emission averaging provision, you 
must notify the Administrator in the initial comprehensive performance 
test plan submitted under Sec. 63.1207(e).
    (B) You must include historical raw mill operation data in the 
performance test plan to estimate future raw mill down-time and document 
in the performance test plan that estimated emissions and estimated raw 
mill down-time will not result in an exceedance of an emission standard 
on an annual basis.
    (C) You must document in the notification of compliance submitted 
under Sec. 63.1207(j) that an emission standard will not be exceeded 
based on the documented emissions from the performance test and 
predicted raw mill down-time.
    (e) Preheater or preheater/precalciner kilns with dual stacks--(1) 
General. You must conduct performance testing on each stack to 
demonstrate compliance with the emission standards, and you must 
establish operating parameter limits under Sec. 63.1209 for each stack, 
except as provided by paragraph (d)(1)(iv) of this section for dioxin/
furan emissions testing and operating parameter limits for the by-pass 
stack of in-line raw mills.
    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine 
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
    (i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:

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

Where:

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

    (ii) Compliance. (A) You must demonstrate compliance with the 
emission standard(s) using the emission concentrations determined from 
the performance tests and the equation provided by paragraph (e)(1) of 
this section; and
    (B) You must develop operating parameter limits for bypass stack and 
main stack flowrates that ensure the emission concentrations calculated

[[Page 18]]

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

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



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

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

[[Page 19]]

any waste heat recovery system) to 400 [deg]F or lower based on the 
average of the test run average temperatures. You must also notify in 
writing the RCRA authority that you are complying with this option;
    (2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 43 [micro]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 110 [micro]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess 
of 100 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis and corrected to 7 percent oxygen. If you elect to comply with 
this carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (b)(5)(ii) of this section, you also must document that, 
during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not 
exceed 20 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (ii) Hydrocarbons in excess of 20 parts per million by volume, over 
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and 
reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 600 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 57 mg/dscm corrected to 7 
percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principal organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

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

Where:

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

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

[[Page 20]]

emission levels to two significant figures to document compliance.

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

                  Monitoring and Compliance Provisions



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

    (a) Compliance dates--(1) Compliance dates for incinerators, cement 
kilns, and lightweight aggregate kilns that burn hazardous waste--(i) 
Compliance date for standards under Sec. Sec. 63.1203, 63.1204, and 
63.1205--(A) Compliance dates for existing sources. You must comply with 
the emission standards under Sec. Sec. 6312.03, 63.1204, and 63.1205 
and the other requirements of this subpart no later than the compliance 
date, September 30, 2003, unless the Administrator grants you an 
extension of time under Sec. 63.6(i) or Sec. 63.1213, except:
    (1) Cement kilns are exempt from the bag leak detection system 
requirements under paragraph (c)(8) of this section;
    (2) The bag leak detection system required under Sec. 63.1206(c)(8) 
must be capable of continuously detecting and recording particulate 
matter emissions at concentrations of 1.0 milligram per actual cubic 
meter unless you demonstrate under Sec. 63.1209(g)(1) that a higher 
detection limit would adequately detect bag leaks, in lieu of the 
requirement for the higher detection limit under paragraph (c)(8)(ii)(A) 
of this section; and
    (3) The excessive exceedances notification requirements for bag leak 
detection systems under paragraph (c)(8)(iv) of this section are waived.
    (B) New or reconstructed sources. (1) If you commenced construction 
or reconstruction of your hazardous waste combustor after April 19, 
1996, you must comply with the emission standards under Sec. Sec. 
63.1203, 63.1204, and 63.1205 and the other requirements of this subpart 
by the later of September 30, 1999 or the date the source starts 
operations, except as provided by paragraphs (a)(1)(i)(A)(1) through (3) 
and (a)(1)(i)(B)(2) of this section. The costs of retrofitting and 
replacement of equipment that is installed specifically to comply with 
this subpart, between April 19, 1996 and a source's compliance date, are 
not considered to be reconstruction costs.
    (2) For a standard under Sec. Sec. 63.1203, 63.1204, and 63.1205 
that is more stringent than the standard proposed on April 19, 1996, you 
may achieve compliance no later than September 30, 2003 if you comply 
with the standard proposed on April 19, 1996 after September 30, 1999. 
This exception does not apply, however, to new or reconstructed area 
source hazardous waste combustors that become major sources after 
September 30, 1999. As provided by Sec. 63.6(b)(7), such sources must 
comply with the standards under Sec. Sec. 63.1203, 63.1204, and 63.1205 
at startup.
    (ii) Compliance date for standards under Sec. Sec. 63.1219, 
63.1220, and 63.1221. (A) Compliance dates for existing sources. You 
must comply with the emission standards under Sec. Sec. 63.1219, 
63.1220, and 63.1221 and the other requirements of this subpart no later 
than the compliance date, October 14, 2008, unless the Administrator 
grants you an extension of time under Sec. 63.6(i) or Sec. 63.1213.
    (B) New or reconstructed sources. (1) If you commenced construction 
or reconstruction of your hazardous waste combustor after April 20, 
2004, you must comply with the new source emission standards under 
Sec. Sec. 63.1219, 63.1220, and 63.1221 and the other requirements of 
this subpart by the later of October 12, 2005 or the date the source 
starts operations, except as provided by paragraph (a)(1)(ii)(B)(2) of 
this section. The costs of retrofitting and replacement of equipment 
that is installed specifically to comply with this subpart, between 
April 20, 2004, and a source's compliance date, are not considered to be 
reconstruction costs.
    (2) For a standard under Sec. Sec. 63.1219, 63.1220, and 63.1221 
that is more stringent than the standard proposed on April 20, 2004, you 
may achieve compliance no later than October 14, 2008, if you comply 
with the standard proposed on April 20, 2004, after October 12, 2005. 
This exception does not apply, however, to new or reconstructed area 
source hazardous waste combustors that become major sources after 
October 14, 2008. As provided by Sec. 63.6(b)(7),

[[Page 21]]

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

[[Page 22]]

prior notice is not reasonably feasible. The notification must include:
    (1) A description of the changes and which emission standards may be 
affected; and
    (2) A comprehensive performance test schedule and test plan under 
the requirements of Sec. 63.1207(f) that will document compliance with 
the affected emission standard(s);
    (B) Performance test. You must conduct a comprehensive performance 
test under the requirements of Sec. Sec. 63.1207(f)(1) and (g)(1) to 
document compliance with the affected emission standard(s) and establish 
operating parameter limits as required under Sec. 63.1209, and submit 
to the Administrator a Notification of Compliance under Sec. Sec. 
63.1207(j) and 63.1210(d); and
    (C) Restriction on waste burning. (1) Except as provided by 
paragraph (b)(5)(i)(C)(2) of this section, after the change and prior to 
submitting the notification of compliance, you must not burn hazardous 
waste for more than a total of 720 hours (renewable at the discretion of 
the Administrator) and only for the purposes of pretesting or 
comprehensive performance testing. Pretesting is defined at Sec. 
63.1207(h)(2)(i) and (ii).
    (2) You may petition the Administrator to obtain written approval to 
burn hazardous waste in the interim prior to submitting a Notification 
of Compliance for purposes other than testing or pretesting. You must 
specify operating requirements, including limits on operating 
parameters, that you determine will ensure compliance with the emission 
standards of this subpart based on available information. The 
Administrator will review, modify as necessary, and approve if warranted 
the interim operating requirements.
    (ii) Changes that will not affect compliance. If you determine that 
a change will not adversely affect compliance with the emission 
standards or operating requirements, you must document the change in the 
operating record upon making such change. You must revise as necessary 
the performance test plan, Documentation of Compliance, Notification of 
Compliance, and start-up, shutdown, and malfunction plan to reflect 
these changes.
    (iii) Definition of ``change.'' For purposes of paragraph (b)(5) of 
this section, ``change'' means any change in design, operation, or 
maintenance practices that were documented in the comprehensive 
performance test plan, Notification of Compliance, or startup, shutdown, 
and malfunction plan.
    (6) Compliance with the carbon monoxide and hydrocarbon emission 
standards. This paragraph applies to sources that elect to comply with 
the carbon monoxide and hydrocarbon emissions standards of this subpart 
by documenting continuous compliance with the carbon monoxide standard 
using a continuous emissions monitoring system and documenting 
compliance with the hydrocarbon standard during the destruction and 
removal efficiency (DRE) performance test or its equivalent.
    (i) If a DRE test performed pursuant to Sec. 63.1207(c)(2) is 
acceptable as documentation of compliance with the DRE standard, you may 
use the highest hourly rolling average hydrocarbon level achieved during 
the DRE test runs to document compliance with the hydrocarbon standard. 
An acceptable DRE test is any test for which the data and results are 
determined to meet quality assurance objectives (on a site-specific 
basis) such that the results adequately demonstrate compliance with the 
DRE standard.
    (ii) If during this acceptable DRE test you did not obtain 
hydrocarbon emissions data sufficient to document compliance with the 
hydrocarbon standard, you must either:
    (A) Perform, as part of the performance test, an ``equivalent DRE 
test'' to document compliance with the hydrocarbon standard. An 
equivalent DRE test is comprised of a minimum of three runs each with a 
minimum duration of one hour during which you operate the combustor as 
close as reasonably possible to the operating parameter limits that you 
established based on the initial DRE test. You must use the highest 
hourly rolling average hydrocarbon emission level achieved during the 
equivalent DRE test to document compliance with the hydrocarbon 
standard; or
    (B) Perform a DRE test as part of the performance test.

[[Page 23]]

    (7) Compliance with the DRE standard. (i) Except as provided in 
paragraphs (b)(7)(ii) and (b)(7)(iii) of this section:
    (A) You must document compliance with the Destruction and Removal 
Efficiency (DRE) standard under this subpart only once provided that you 
do not modify the source after the DRE test in a manner that could 
affect the ability of the source to achieve the DRE standard.
    (B) You may use any DRE test data that documents that your source 
achieves the required level of DRE provided:
    (1) You have not modified the design or operation of your source in 
a manner that could effect the ability of your source to achieve the DRE 
standard since the DRE test was performed; and,
    (2) The DRE test data meet quality assurance objectives determined 
on a site-specific basis.
    (ii) Sources that feed hazardous waste at locations other than the 
normal flame zone. (A) Except as provided by paragraph (b)(7)(ii)(B) of 
this section, if you feed hazardous waste at a location in the 
combustion system other than the normal flame zone, then you must 
demonstrate compliance with the DRE standard during each comprehensive 
performance test;
    (B)(1) A cement kiln that feeds hazardous waste at a location other 
than the normal flame zone need only demonstrate compliance with the DRE 
standard during three consecutive comprehensive performance tests 
provided that:
    (i) All three tests achieve the DRE standard in this subpart; and
    (ii) The design, operation, and maintenance features of each of the 
three tests are similar;
    (iii) The data in lieu restriction of Sec. 63.1207(c)(2)(iv) does 
not apply when complying with the provisions of paragraph (b)(7)(ii)(B) 
of this section;
    (2) If at any time you change your design, operation, and 
maintenance features in a manner that could reasonably be expected to 
affect your ability to meet the DRE standard, then you must comply with 
the requirements of paragraph (b)(7)(ii)(A) of this section.
    (iii) For sources that do not use DRE previous testing to document 
conformance with the DRE standard pursuant to Sec. 63.1207(c)(2), you 
must perform DRE testing during the initial comprehensive performance 
test.
    (8) Applicability of particulate matter and opacity standards during 
particulate matter CEMS correlation tests. (i) Any particulate matter 
and opacity standards of parts 60, 61, 63, 264, 265, and 266 of this 
chapter (i.e., any title 40 particulate or opacity standards) applicable 
to a hazardous waste combustor do not apply while you conduct 
particulate matter continuous emissions monitoring system (CEMS) 
correlation tests (i.e., correlation with manual stack methods) under 
the conditions of paragraphs (b)(8)(iii) through (vii) of this section.
    (ii) Any permit or other emissions or operating parameter limits or 
conditions, including any limitation on workplace practices, that are 
applicable to hazardous waste combustors to ensure compliance with any 
particulate matter and opacity standards of parts 60, 61, 63, 264, 265, 
and 266 of this chapter (i.e., any title 40 particulate or opacity 
standards) do not apply while you conduct particulate matter CEMS 
correlation tests under the conditions of paragraphs (b)(8)(iii) through 
(vii) of this section.
    (iii) For the provisions of this section to apply, you must:
    (A) Develop a particulate matter CEMS correlation test plan that 
includes the following information. This test plan may be included as 
part of the comprehensive performance test plan required under 
Sec. Sec. 63.1207(e) and (f):
    (1) Number of test conditions and number of runs for each test 
condition;
    (2) Target particulate matter emission level for each test 
condition;
    (3) How you plan to modify operations to attain the desired 
particulate matter emission levels; and
    (4) Anticipated normal particulate matter emission levels; and
    (B) Submit the test plan to the Administrator for approval at least 
90 calendar days before the correlation test is scheduled to be 
conducted.
    (iv) The Administrator will review and approve/disapprove the 
correlation test plan under the procedures for review and approval of 
the site-specific test plan provided by Sec. 63.7(c)(3)(i) and

[[Page 24]]

(iii). If the Administrator fails to approve or disapprove the 
correlation test plan within the time period specified by Sec. 
63.7(c)(3)(i), the plan is considered approved, unless the Administrator 
has requested additional information.
    (v) The particulate matter and opacity standards and associated 
operating limits and conditions will not be waived for more than 96 
hours, in the aggregate, for a correlation test, including all runs of 
all test conditions, unless more time is approved by the Administrator.
    (vi) The stack sampling team must be on-site and prepared to perform 
correlation testing no later than 24 hours after you modify operations 
to attain the desired particulate matter emissions concentrations, 
unless you document in the correlation test plan that a longer period of 
conditioning is appropriate.
    (vii) You must return to operating conditions indicative of 
compliance with the applicable particulate matter and opacity standards 
as soon as possible after correlation testing is completed.
    (9) Alternative standards for existing or new hazardous waste 
burning lightweight aggregate kilns using MACT. (i) You may petition the 
Administrator to request alternative standards to the mercury or 
hydrogen chloride/chlorine gas emission standards of this subpart, to 
the semivolatile metals emission standards under Sec. Sec. 63.1205, 
63.1221(a)(3)(ii), or 63.1221(b)(3)(ii), or to the low volatile metals 
emissions standards under Sec. Sec. 63.1205, 63.1221(a)(4)(ii), or 
63.1221(b)(4)(ii) if:
    (A) You cannot achieve one or more of these standards while using 
maximum achievable control technology (MACT) because of raw material 
contributions to emissions of mercury, semivolatile metals, low volatile 
metals, or hydrogen chloride/chlorine gas; or
    (B) You determine that mercury is not present at detectable levels 
in your raw material.
    (ii) The alternative standard that you recommend under paragraph 
(b)(9)(i)(A) of this section may be an operating requirement, such as a 
hazardous waste feedrate limitation for metals and/or chlorine, and/or 
an emission limitation.
    (iii) The alternative standard must include a requirement to use 
MACT, or better, applicable to the standard for which the source is 
seeking relief, as defined in paragraphs (b)(9)(viii) and (ix) of this 
section.
    (iv) Documentation required. (A) The alternative standard petition 
you submit under paragraph (b)(9)(i)(A) of this section must include 
data or information documenting that raw material contributions to 
emissions prevent you from complying with the emission standard even 
though the source is using MACT, as defined under paragraphs 
(b)(9)(viii) and (ix) of this section, for the standard for which you 
are seeking relief.
    (B) Alternative standard petitions that you submit under paragraph 
(b)(9)(i)(B) of this section must include data or information 
documenting that mercury is not present at detectable levels in raw 
materials.
    (v) You must include data or information with semivolatile metal and 
low volatility metal alternative standard petitions that you submit 
under paragraph (b)(9)(i)(A) of this section documenting that increased 
chlorine feedrates associated with the burning of hazardous waste, when 
compared to non-hazardous waste operations, do not significantly 
increase metal emissions attributable to raw materials.
    (vi) You must include data or information with semivolatile metals, 
low volatile metals, and hydrogen chloride/chlorine gas alternative 
standard petitions that you submit under paragraph (b)(9)(i)(A) of this 
section documenting that semivolatile metals, low volatile metals, and 
hydrogen chloride/chlorine gas emissions attributable to the hazardous 
waste only will not exceed the emission standards of this subpart.
    (vii) You must not operate pursuant to your recommended alternative 
standards in lieu of emission standards specified in this subpart:
    (A) Unless the Administrator approves the provisions of the 
alternative standard petition request or establishes other alternative 
standards; and
    (B) Until you submit a revised Notification of Compliance that 
incorporates the revised standards.

[[Page 25]]

    (viii) For purposes of this alternative standard provision, MACT for 
existing hazardous waste burning lightweight aggregate kilns is defined 
as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 24 [micro]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 280,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 120,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less; and
    (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 2,000,000 [mu]g/dscm or less, and 
use of an air pollution control device with a hydrogen chloride/chlorine 
gas removal efficiency of 85 percent or greater.
    (ix) For purposes of this alternative standard provision, MACT for 
new hazardous waste burning lightweight aggregate kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 4 [micro]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 280,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 46,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 14,000,000 [mu]g/dscm or less, and 
use of an air pollution control device with a hydrogen chloride/chlorine 
gas removal efficiency of 99.6 percent or greater.
    (10) Alternative standards for existing or new hazardous waste 
burning cement kilns using MACT. (i) You may petition the Administrator 
to request alternative standards to the mercury or hydrogen chloride/
chlorine gas emission standards of this subpart, to the semivolatile 
metals emission standards under Sec. Sec. 63.1204, 63.1220(a)(3)(ii), 
or 63.1220(b)(3)(ii), or to the low volatile metals emissions standards 
under Sec. Sec. 63.1204, 63.1220(a)(4)(ii), or 63.1220(b)(4)(ii) if:
    (A) You cannot achieve one or more of these standards while using 
maximum achievable control technology (MACT) because of raw material 
contributions to emissions of mercury, semivolatile metals, low volatile 
metals, or hydrogen chloride/chlorine gas; or
    (B) You determine that mercury is not present at detectable levels 
in your raw material.
    (ii) The alternative standard that you recommend under paragraph 
(b)(10)(i)(A) of this section may be an operating requirement, such as a 
hazardous waste feedrate limitation for metals and/or chlorine, and/or 
an emission limitation.
    (iii) The alternative standard must include a requirement to use 
MACT, or better, applicable to the standard for which the source is 
seeking relief, as defined in paragraphs (b)(10)(viii) and (ix) of this 
section.
    (iv) Documentation required. (A) The alternative standard petition 
you submit under paragraph (b)(10)(i)(A) of this section must include 
data or information documenting that raw material contributions to 
emissions prevent you from complying with the emission standard even 
though the source is using MACT, as defined in paragraphs (b)(10)(viii) 
and (ix) of this section, for the standard for which you are seeking 
relief.
    (B) Alternative standard petitions that you submit under paragraph 
(b)(10)(i)(B) of this section must include data or information 
documenting that mercury is not present at detectable levels in raw 
materials.
    (v) You must include data or information with semivolatile metal and 
low volatile metal alternative standard petitions that you submit under 
paragraph (b)(10)(i)(A) of this section documenting that increased 
chlorine feedrates associated with the burning of hazardous waste, when 
compared to non-hazardous waste operations, do not significantly 
increase metal emissions attributable to raw materials.

[[Page 26]]

    (vi) You must include data or information with semivolatile metals, 
low volatile metals, and hydrogen chloride/chlorine gas alternative 
standard petitions that you submit under paragraph (b)(10)(i)(A) of this 
section documenting that emissions of the regulated metals and hydrogen 
chloride/chlorine gas attributable to the hazardous waste only will not 
exceed the emission standards in this subpart.
    (vii) You must not operate pursuant to your recommended alternative 
standards in lieu of emission standards specified in this subpart:
    (A) Unless the Administrator approves the provisions of the 
alternative standard petition request or establishes other alternative 
standards; and
    (B) Until you submit a revised Notification of Compliance that 
incorporates the revised standards.
    (viii) For purposes of this alternative standard provision, MACT for 
existing hazardous waste burning cement kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 88 [micro]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 31,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 54,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less; and
    (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 720,000 [mu]g/dscm or less.
    (ix) For purposes of this alternative standard provision, MACT for 
new hazardous waste burning cement kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 7 [micro]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 31,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 15,000 [micro]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 420,000 [mu]g/dscm or less.
    (11) Calculation of hazardous waste residence time. You must 
calculate the hazardous waste residence time and include the calculation 
in the performance test plan under Sec. 63.1207(f) and the operating 
record. You must also provide the hazardous waste residence time in the 
Documentation of Compliance under Sec. 63.1211(c) and the Notification 
of Compliance under Sec. Sec. 63.1207(j) and 63.1210(d).
    (12) Documenting compliance with the standards based on performance 
testing. (i) You must conduct a minimum of three runs of a performance 
test required under Sec. 63.1207 to document compliance with the 
emission standards of this subpart.
    (ii) You must document compliance with the emission standards based 
on the arithmetic average of the emission results of each run, except 
that you must document compliance with the destruction and removal 
efficiency standard for each run of the comprehensive performance test 
individually.
    (13) Cement kilns and lightweight aggregate kilns that feed 
hazardous waste at a location other than the end where products are 
normally discharged and where fuels are normally fired.
    (i) Cement kilns that feed hazardous waste at a location other than 
the end where products are normally discharged and where fuels are 
normally fired must comply with the carbon monoxide and hydrocarbon 
standards of this subpart as follows:
    (A) For existing sources, you must not discharge or cause combustion 
gases to be emitted into the atmosphere that contain either:
    (1) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system),

[[Page 27]]

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

[[Page 28]]

hydrocarbons in the by-pass duct in excess of 10 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane, at any time during the 
destruction and removal efficiency (DRE) test runs or their equivalent 
as provided by Sec. 63.1206(b)(7).
    (ii) If construction of the kiln commenced after April 19, 1996 at a 
plant site where a cement kiln (whether burning hazardous waste or not) 
did not previously exist, hydrocarbons are limited to 50 parts per 
million by volume, over a 30-day block average (monitored continuously 
with a continuous emissions monitoring system), dry basis, corrected to 
7 percent oxygen, and reported as propane.
    (ii) Lightweight aggregate kilns that feed hazardous waste at a 
location other than the end where products are normally discharged and 
where fuels are normally fired must comply with the hydrocarbon 
standards of this subpart as follows:
    (A) Existing sources must comply with the 20 parts per million by 
volume hydrocarbon standard of this subpart;
    (B) New sources must comply with the 20 parts per million by volume 
hydrocarbon standard of this subpart.
    (14) Alternative to the particulate matter standard for 
incinerators. (i). General. In lieu of complying with the particulate 
matter standards under Sec. 63.1203, you may elect to comply with the 
following alternative metal emission control requirements:
    (ii) Alternative metal emission control requirements for existing 
incinerators. (A) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain cadmium, lead, and selenium in 
excess of 240 [mu]g/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 97 [mu]g/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (iii) Alternative metal emission control requirements for new 
incinerators. (A) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain cadmium, lead, and selenium in 
excess of 24 [mu]g/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 97 [mu]g/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (iv) Operating limits. Semivolatile and low volatile metal operating 
parameter limits must be established to ensure compliance with the 
alternative emission limitations described in paragraphs (e)(2) and 
(e)(3) of this section pursuant to Sec. 63.1209(n), except that 
semivolatile metal feedrate limits apply to lead, cadmium, and selenium, 
combined, and low volatile metal feedrate limits apply to arsenic, 
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
    (15) Alternative to the interim standards for mercury for cement and 
lightweight aggregate kilns. (i) General. In lieu of complying with the 
applicable mercury standards of Sec. Sec. 63.1204(a)(2) and (b)(2) for 
existing and new cement kilns and Sec. Sec. 63.1205(a)(2) and (b)(2) 
for existing and new lightweight aggregate kilns, you may instead elect 
to comply with the alternative mercury standard described in paragraphs 
(b)(15)(ii) through (b)(15)(v) of this section.
    (ii) Operating requirement. You must not exceed a hazardous waste 
feedrate corresponding to a maximum theoretical emission concentration 
(MTEC) of 120 [micro]g/dscm on a twelve-hour rolling average.
    (iii) To document compliance with the operating requirement of 
paragraph (b)(15)(ii) of this section, you must:
    (A) Monitor and record the feedrate of mercury for each hazardous 
waste feedstream according to Sec. 63.1209(c);
    (B) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (C) Continuously calculate and record in the operating record a MTEC 
assuming mercury from all hazardous waste feedstreams is emitted;

[[Page 29]]

    (D) Interlock the MTEC calculated in paragraph (b)(15)(iii)(C) of 
this section to the AWFCO system to stop hazardous waste burning when 
the MTEC exceeds the operating requirement of paragraph (b)(15)(ii) of 
this section.
    (iv) In lieu of the requirement in paragraph (b)(15)(iii) of this 
section, you may:
    (A) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury from all 
hazardous waste feedstreams that ensures the MTEC calculated in 
paragraph (b)(15)(iii)(C) of this section is below the operating 
requirement of paragraph (b)(15)(ii) of this section; and
    (B) Interlock the minimum gas flowrate limit and maximum feedrate 
limits in paragraph (b)(15)(iv)(A) of this section to the AWFCO system 
to stop hazardous waste burning when the gas flowrate or mercury 
feedrate exceeds the limits in paragraph (b)(15)(iv)(A) of this section.
    (v) Notification requirement. You must notify in writing the RCRA 
authority that you intend to comply with the alternative standard.
    (16) Compliance with subcategory standards for liquid fuel boilers. 
You must comply with the mercury, semivolatile, low volatile metal, and 
total chlorine standards for liquid fuel boilers under Sec. 63.1217 as 
follows:
    (i) You must determine the as-fired heating value of each batch of 
hazardous waste fired by each firing system of the boiler so that you 
know the mass-weighted heating value of the hazardous waste fired at all 
times.
    (ii) If the as-fired heating value of the hazardous waste is 10,000 
Btu per pound or greater, you are subject to the thermal emission 
concentration standards (lb/million Btu) under Sec. 63.1217.
    (iii) If the as-fired heating value of the hazardous waste is less 
than 10,000 Btu/lb, you are subject to the mass or volume emission 
concentration standards ([mu]g/dscm or ppmv) under Sec. 63.1217.
    (iv) If the as-fired heating value of hazardous wastes varies above 
and below 10,000 Btu/lb over time, you are subject to the thermal 
concentration standards when the heating value is 10,000 Btu/lb or 
greater and the mass concentration standards when the heating value is 
less than 10,000 Btu/lb. You may elect to comply at all times with the 
more stringent operating requirements that ensure compliance with both 
the thermal emission concentration standards and the mass or volume 
emission concentration standards.
    (c) Operating requirements--(1) General. (i) You must operate only 
under the operating requirements specified in the Documentation of 
Compliance under Sec. 63.1211(c) or the Notification of Compliance 
under Sec. Sec. 63.1207(j) and 63.1210(d), except:
    (A) During performance tests under approved test plans according to 
Sec. 63.1207(e), (f), and (g), and
    (B) Under the conditions of paragraph (b)(1)(i) or (ii) of this 
section;
    (ii) The Documentation of Compliance and the Notification of 
Compliance must contain operating requirements including, but not 
limited to, the operating requirements in this section and Sec. 63.1209
    (iii) Failure to comply with the operating requirements is failure 
to ensure compliance with the emission standards of this subpart;
    (iv) Operating requirements in the Notification of Compliance are 
applicable requirements for purposes of parts 70 and 71 of this chapter;
    (v) The operating requirements specified in the Notification of 
Compliance will be incorporated in the title V permit.
    (2) Startup, shutdown, and malfunction plan. (i) You are subject to 
the startup, shutdown, and malfunction plan requirements of Sec. 
63.6(e)(3).
    (ii) If you elect to comply with Sec. Sec. 270.235(a)(1)(iii), 
270.235(a)(2)(iii), or 270.235(b)(1)(ii) of this chapter to address RCRA 
concerns that you minimize emissions of toxic compounds from startup, 
shutdown, and malfunction events (including releases from emergency 
safety vents):
    (A) The startup, shutdown, and malfunction plan must include a 
description of potential causes of malfunctions, including releases from 
emergency safety vents, that may result in significant releases of 
hazardous air pollutants, and actions the source is

[[Page 30]]

taking to minimize the frequency and severity of those malfunctions.
    (B) You must submit the startup, shutdown, and malfunction plan to 
the Administrator for review and approval.
    (1) Approval procedure. The Administrator will notify you of 
approval or intention to deny approval of the startup, shutdown, and 
malfunction plan within 90 calendar days after receipt of the original 
request and within 60 calendar days after receipt of any supplemental 
information that you submit. Before disapproving the plan, the 
Administrator will notify you of the Administrator's intention to 
disapprove the plan together with:
    (i) Notice of the information and findings on which intended 
disapproval is based; and
    (ii) Notice of opportunity for you to present additional information 
to the Administrator before final action on disapproval of the plan. At 
the time the Administrator notifies you of intention to disapprove the 
plan, the Administrator will specify how much time you will have after 
being notified on the intended disapproval to submit additional 
information.
    (2) Responsibility of owners and operators. You are responsible for 
ensuring that you submit any supplementary and additional information 
supporting your plan in a timely manner to enable the Administrator to 
consider whether to approve the plan. Neither your submittal of the 
plan, nor the Administrator's failure to approve or disapprove the plan, 
relieves you of the responsibility to comply with the provisions of this 
subpart.
    (C) Changes to the plan that may significantly increase emissions. 
(1) You must request approval in writing from the Administrator within 5 
days after making a change to the startup, shutdown, and malfunction 
plan that may significantly increase emissions of hazardous air 
pollutants.
    (2) To request approval of such changes to the startup, shutdown, 
and malfunction plan, you must follow the procedures provided by 
paragraph (c)(2)(ii)(B) of this section for initial approval of the 
plan.
    (iii) You must identify in the plan a projected oxygen correction 
factor based on normal operations to use during periods of startup and 
shutdown.
    (iv) You must record the plan in the operating record.
    (v) Operating under the startup, shutdown, and malfunction plan. (A) 
Compliance with AWFCO requirements during malfunctions. (1) During 
malfunctions, the automatic waste feed cutoff requirements of Sec. 
63.1206(c)(3) continue to apply, except for paragraphs (c)(3)(v) and 
(c)(3)(vi) of this section. If you exceed a part 63, Subpart EEE, of 
this chapter emission standard monitored by a CEMS or COMs or operating 
limit specified under Sec. 63.1209, the automatic waste feed cutoff 
system must immediately and automatically cutoff the hazardous waste 
feed, except as provided by paragraph (c)(3)(viii) of this section. If 
the malfunction itself prevents immediate and automatic cutoff of the 
hazardous waste feed, however, you must cease feeding hazardous waste as 
quickly as possible.
    (2) Although the automatic waste feed cutoff requirements continue 
to apply during a malfunction, an exceedance of an emission standard 
monitored by a CEMS or COMS or operating limit specified under Sec. 
63.1209 is not a violation of this subpart EEE if you operate in 
accordance with Sec. 63.6(e)(1).
    (3) Excessive exceedances during malfunctions. For each set of 10 
exceedances of an emission standard or operating requirement while 
hazardous waste remains in the combustion chamber (i.e., when the 
hazardous waste residence time has not transpired since the hazardous 
waste feed was cutoff) during a 60-day block period, you must:
    (i) Within 45 days of the 10th exceedance, complete an investigation 
of the cause of each exceedance and evaluation of approaches to minimize 
the frequency, duration, and severity of each exceedance, and revise the 
startup, shutdown, and malfunction plan as warranted by the evaluation 
to minimize the frequency, duration, and severity of each exceedance; 
and
    (ii) Record the results of the investigation and evaluation in the 
operating record, and include a summary of the investigation and 
evaluation, and any changes to the startup, shutdown,

[[Page 31]]

and malfunction plan, in the excess emissions report required under 
Sec. 63.10(e)(3).
    (B) Compliance with AWFCO requirements when burning hazardous waste 
during startup and shutdown. (1) If you feed hazardous waste during 
startup or shutdown, you must include waste feed restrictions (e.g., 
type and quantity), and other appropriate operating conditions and 
limits in the startup, shutdown, and malfunction plan.
    (2) You must interlock the operating limits you establish under 
paragraph (c)(2)(v)(B)(1) of this section with the automatic waste feed 
cutoff system required under Sec. 63.1206(c)(3), except for paragraphs 
(c)(3)(v) and (c)(3)(vi) of this section.
    (3) When feeding hazardous waste during startup or shutdown, the 
automatic waste feed cutoff system must immediately and automatically 
cutoff the hazardous waste feed if you exceed the operating limits you 
establish under paragraph (c)(2)(v)(B)(1) of this section, except as 
provided by paragraph (c)(3)(viii) of this section.
    (4) Although the automatic waste feed cutoff requirements of this 
paragraph (c)(2)(v)(B)(4) apply during startup and shutdown, an 
exceedance of an emission standard or operating limit is not a violation 
of this subpart EEE if you operate in accordance with Sec. 63.6(e)(1).
    (3) Automatic waste feed cutoff (AWFCO)--(i) General. Upon the 
compliance date, you must operate the hazardous waste combustor with a 
functioning system that immediately and automatically cuts off the 
hazardous waste feed, except as provided by paragraph (c)(3)(viii) of 
this section:
    (A) When any of the following are exceeded: Operating parameter 
limits specified under Sec. 63.1209; an emission standard monitored by 
a CEMS; and the allowable combustion chamber pressure;
    (B) When the span value of any CMS detector, except a CEMS, is met 
or exceeded;
    (C) Upon malfunction of a CMS monitoring an operating parameter 
limit specified under Sec. 63.1209 or an emission level; or
    (D) When any component of the automatic waste feed cutoff system 
fails.
    (ii) Ducting of combustion gases. During an AWFCO, you must continue 
to duct combustion gasses to the air pollution control system while 
hazardous waste remains in the combustion chamber (i.e., if the 
hazardous waste residence time has not transpired since the hazardous 
waste feed cutoff system was activated).
    (iii) Restarting waste feed. You must continue to monitor during the 
cutoff the operating parameters for which limits are established under 
Sec. 63.1209 and the emissions required under that section to be 
monitored by a CEMS, and you must not restart the hazardous waste feed 
until the operating parameters and emission levels are within the 
specified limits.
    (iv) Failure of the AWFCO system. If the AWFCO system fails to 
automatically and immediately cutoff the flow of hazardous waste upon 
exceedance of a parameter required to be interlocked with the AWFCO 
system under paragraph (c)(3)(i) of this section, you have failed to 
comply with the AWFCO requirements of paragraph (c)(3) of this section. 
If an equipment or other failure prevents immediate and automatic cutoff 
of the hazardous waste feed, however, you must cease feeding hazardous 
waste as quickly as possible.
    (v) Corrective measures. If, after any AWFCO, there is an exceedance 
of an emission standard or operating requirement, irrespective of 
whether the exceedance occurred while hazardous waste remained in the 
combustion chamber (i.e., whether the hazardous waste residence time has 
transpired since the hazardous waste feed cutoff system was activated), 
you must investigate the cause of the AWFCO, take appropriate corrective 
measures to minimize future AWFCOs, and record the findings and 
corrective measures in the operating record.
    (vi) Excessive exceedance reporting. (A) For each set of 10 
exceedances of an emission standard or operating requirement while 
hazardous waste remains in the combustion chamber (i.e., when the 
hazardous waste residence time has not transpired since the hazardous 
waste feed was cutoff) during a 60-day block

[[Page 32]]

period, you must submit to the Administrator a written report within 5 
calendar days of the 10th exceedance documenting the exceedances and 
results of the investigation and corrective measures taken.
    (B) On a case-by-case basis, the Administrator may require excessive 
exceedance reporting when fewer than 10 exceedances occur during a 60-
day block period.
    (vii) Testing. The AWFCO system and associated alarms must be tested 
at least weekly to verify operability, unless you document in the 
operating record that weekly inspections will unduly restrict or upset 
operations and that less frequent inspection will be adequate. At a 
minimum, you must conduct operability testing at least monthly. You must 
document and record in the operating record AWFCO operability test 
procedures and results.
    (viii) Ramping down waste feed. (A) You may ramp down the waste 
feedrate of pumpable hazardous waste over a period not to exceed one 
minute, except as provided by paragraph (c)(3)(viii)(B) of this section. 
If you elect to ramp down the waste feed, you must document ramp down 
procedures in the operating and maintenance plan. The procedures must 
specify that the ramp down begins immediately upon initiation of 
automatic waste feed cutoff and the procedures must prescribe a bona 
fide ramping down. If an emission standard or operating limit is 
exceeded during the ramp down, you have failed to comply with the 
emission standards or operating requirements of this subpart.
    (B) If the automatic waste feed cutoff is triggered by an exceedance 
of any of the following operating limits, you may not ramp down the 
waste feed cutoff: Minimum combustion chamber temperature, maximum 
hazardous waste feedrate, or any hazardous waste firing system operating 
limits that may be established for your combustor.
    (4) ESV openings--(i) Failure to meet standards. If an emergency 
safety vent (ESV) opens when hazardous waste remains in the combustion 
chamber (i.e., when the hazardous waste residence time has not expired) 
during an event other than a malfunction as defined in the startup, 
shutdown, and malfunction plan such that combustion gases are not 
treated as during the most recent comprehensive performance test (e.g., 
if the combustion gas by-passes any emission control device that was 
operating during the performance test), you must document in the 
operating record whether you remain in compliance with the emission 
standards of this subpart considering emissions during the ESV opening 
event.
    (ii) ESV operating plan. (A) You must develop an ESV operating plan, 
comply with the operating plan, and keep the plan in the operating 
record.
    (B) The ESV operating plan must provide detailed procedures for 
rapidly stopping the waste feed, shutting down the combustor, and 
maintaining temperature and negative pressure in the combustion chamber 
during the hazardous waste residence time, if feasible. The plan must 
include calculations and information and data documenting the 
effectiveness of the plan's procedures for ensuring that combustion 
chamber temperature and negative pressure are maintained as is 
reasonably feasible.
    (iii) Corrective measures. After any ESV opening that results in a 
failure to meet the emission standards as defined in paragraph (c)(4)(i) 
of this section, you must investigate the cause of the ESV opening, take 
appropriate corrective measures to minimize such future ESV openings, 
and record the findings and corrective measures in the operating record.
    (iv) Reporting requirements. You must submit to the Administrator a 
written report within 5 days of an ESV opening that results in failure 
to meet the emission standards of this subpart (as determined in 
paragraph (c)(4)(i) of this section) documenting the result of the 
investigation and corrective measures taken.
    (5) Combustion system leaks. (i) Combustion system leaks of 
hazardous air pollutants must be controlled by:
    (A) Keeping the combustion zone sealed to prevent combustion system 
leaks; or
    (B) Maintaining the maximum combustion zone pressure lower than 
ambient pressure using an instantaneous monitor; or

[[Page 33]]

    (C) Upon prior written approval of the Administrator, an alternative 
means of control to provide control of combustion system leaks 
equivalent to maintenance of combustion zone pressure lower than ambient 
pressure; or
    (D) Upon prior written approval of the Administrator, other 
technique(s) which can be demonstrated to prevent fugitive emissions 
without use of instantaneous pressure limits; and
    (ii) You must specify in the performance test workplan and 
Notification of Compliance the method that will be used to control 
combustion system leaks. If you control combustion system leaks by 
maintaining the combustion zone pressure lower than ambient pressure 
using an instantaneous monitor, you must also specify in the performance 
test workplan and Notification of Compliance the monitoring and 
recording frequency of the pressure monitor, and specify how the 
monitoring approach will be integrated into the automatic waste feed 
cutoff system.
    (6) Operator training and certification. (i) You must establish 
training programs for all categories of personnel whose activities may 
reasonably be expected to directly affect emissions of hazardous air 
pollutants from the source. Such persons include, but are not limited 
to, chief facility operators, control room operators, continuous 
monitoring system operators, persons that sample and analyze 
feedstreams, persons that manage and charge feedstreams to the 
combustor, persons that operate emission control devices, and ash and 
waste handlers. Each training program shall be of a technical level 
commensurate with the person's job duties specified in the training 
manual. Each commensurate training program shall require an examination 
to be administered by the instructor at the end of the training course. 
Passing of this test shall be deemed the ``certification'' for 
personnel, except that, for control room operators, the training and 
certification program shall be as specified in paragraphs (c)(6)(iii) 
through (c)(6)(vi) of this section.
    (ii) You must ensure that the source is operated and maintained at 
all times by persons who are trained and certified to perform these and 
any other duties that may affect emissions of hazardous air pollutants. 
A certified control room operator must be on duty at the site at all 
times the source is in operation.
    (iii) Hazardous waste incinerator control room operators must:
    (A) Be trained and certified under a site-specific, source-developed 
and implemented program that meets the requirements of paragraph 
(c)(6)(v) of this section; or
    (B) Be trained under the requirements of, and certified under, one 
of the following American Society of Mechanical Engineers (ASME) 
standards: QHO-1-1994, QHO-1a-1996, or QHO-1-2004 (Standard for the 
Qualification and Certification of Hazardous Waste Incinerator 
Operators). If you elect to use the ASME program:
    (1) Control room operators must, prior to the compliance date, 
achieve provisional certification, and must submit an application to 
ASME and be scheduled for the full certification exam. Within one year 
of the compliance date, control room operators must achieve full 
certification;
    (2) New operators and operators of new sources must, before assuming 
their duties, achieve provisional certification, and must submit an 
application to ASME, and be scheduled for the full certification exam. 
Within one year of assuming their duties, these operators must achieve 
full certification; or
    (C) Be trained and certified under a State program.
    (iv) Control room operators of cement kilns, lightweight aggregate 
kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid 
production furnaces must be trained and certified under:
    (A) A site-specific, source-developed and implemented program that 
meets the requirements of paragraph (c)(6)(v) of this section; or
    (B) A State program.
    (v) Site-specific, source developed and implemented training 
programs for control room operators must include the following elements:
    (A) Training on the following subjects:

[[Page 34]]

    (1) Environmental concerns, including types of emissions;
    (2) Basic combustion principles, including products of combustion;
    (3) Operation of the specific type of combustor used by the 
operator, including proper startup, waste firing, and shutdown 
procedures;
    (4) Combustion controls and continuous monitoring systems;
    (5) Operation of air pollution control equipment and factors 
affecting performance;
    (6) Inspection and maintenance of the combustor, continuous 
monitoring systems, and air pollution control devices;
    (7) Actions to correct malfunctions or conditions that may lead to 
malfunction;
    (8) Residue characteristics and handling procedures; and
    (9) Applicable Federal, state, and local regulations, including 
Occupational Safety and Health Administration workplace standards; and
    (B) An examination designed and administered by the instructor; and
    (C) Written material covering the training course topics that may 
serve as reference material following completion of the course.
    (vi) To maintain control room operator qualification under a site-
specific, source developed and implemented training program as provided 
by paragraph (c)(6)(v) of this section, control room operators must 
complete an annual review or refresher course covering, at a minimum, 
the following topics:
    (A) Update of regulations;
    (B) Combustor operation, including startup and shutdown procedures, 
waste firing, and residue handling;
    (C) Inspection and maintenance;
    (D) Responses to malfunctions or conditions that may lead to 
malfunction; and
    (E) Operating problems encountered by the operator.
    (vii) You must record the operator training and certification 
program in the operating record.
    (7) Operation and maintenance plan--(i) You must prepare and at all 
times operate according to an operation and maintenance plan that 
describes in detail procedures for operation, inspection, maintenance, 
and corrective measures for all components of the combustor, including 
associated pollution control equipment, that could affect emissions of 
regulated hazardous air pollutants.
    (ii) The plan must prescribe how you will operate and maintain the 
combustor in a manner consistent with good air pollution control 
practices for minimizing emissions at least to the levels achieved 
during the comprehensive performance test.
    (iii) This plan ensures compliance with the operation and 
maintenance requirements of Sec. 63.6(e) and minimizes emissions of 
pollutants, automatic waste feed cutoffs, and malfunctions.
    (iv) You must record the plan in the operating record.
    (8) Bag leak detection system requirements. (i) If your combustor is 
equipped with a baghouse (fabric filter), you must continuously operate 
either:
    (A) A bag leak detection system that meets the specifications and 
requirements of paragraph (c)(8)(ii) of this section and you must comply 
with the corrective measures and notification requirements of paragraphs 
(c)(8)(iii) and (iv) of this section; or
    (B) A particulate matter detection system under paragraph (c)(9) of 
this section.
    (ii) Bag leak detection system specification and requirements. (A) 
The bag leak detection system must be certified by the manufacturer to 
be capable of continuously detecting and recording particulate matter 
emissions at concentrations of 1.0 milligrams per actual cubic meter 
unless you demonstrate, under Sec. 63.1209(g)(1), that a higher 
detection limit would routinely detect particulate matter loadings 
during normal operations;
    (B) The bag leak detection system shall provide output of relative 
or absolute particulate matter loadings;
    (C) The bag leak detection system shall be equipped with an alarm 
system that will sound an audible alarm when an increase in relative 
particulate loadings is detected over a preset level;
    (D) The bag leak detection system shall be installed and operated in 
a manner consistent with available written guidance from the U.S. 
Environmental Protection Agency or, in the absence of such written 
guidance, the

[[Page 35]]

manufacturer's written specifications and recommendations for 
installation, operation, and adjustment of the system;
    (E) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the sensitivity 
(range) and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time;
    (F) Following initial adjustment, you must not adjust the 
sensitivity or range, averaging period, alarm set points, or alarm delay 
time, except as detailed in the operation and maintenance plan required 
under paragraph (c)(7) of this section. You must not increase the 
sensitivity by more than 100 percent or decrease the sensitivity by more 
than 50 percent over a 365 day period unless such adjustment follows a 
complete baghouse inspection which demonstrates the baghouse is in good 
operating condition;
    (G) For negative pressure or induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detector shall be installed downstream of the 
baghouse and upstream of any wet acid gas scrubber; and
    (H) Where multiple detectors are required, the system's 
instrumentation and alarm system may be shared among the detectors.
    (iii) Bag leak detection system corrective measures requirements. 
The operating and maintenance plan required by paragraph (c)(7) of this 
section must include a corrective measures plan that specifies the 
procedures you will follow in the case of a bag leak detection system 
alarm. The corrective measures plan must include, at a minimum, the 
procedures used to determine and record the time and cause of the alarm 
as well as the corrective measures taken to correct the control device 
malfunction or minimize emissions as specified below. Failure to 
initiate the corrective measures required by this paragraph is failure 
to ensure compliance with the emission standards in this subpart.
    (A) You must initiate the procedures used to determine the cause of 
the alarm within 30 minutes of the time the alarm first sounds; and
    (B) You must alleviate the cause of the alarm by taking the 
necessary corrective measure(s) which may include, but are not to be 
limited to, the following:
    (1) Inspecting the baghouse for air leaks, torn or broken filter 
elements, or any other malfunction that may cause an increase in 
emissions;
    (2) Sealing off defective bags or filter media;
    (3) Replacing defective bags or filter media, or otherwise repairing 
the control device;
    (4) Sealing off a defective baghouse compartment;
    (5) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system; or
    (6) Shutting down the combustor.
    (iv) Excessive exceedances notification. If you operate the 
combustor when the detector response exceeds the alarm set-point more 
than 5 percent of the time during any 6-month block time period, you 
must submit a notification to the Administrator within 30 days of the 
end of the 6-month block time period that describes the causes of the 
exceedances and the revisions to the design, operation, or maintenance 
of the combustor or baghouse you are taking to minimize exceedances. To 
document compliance with this requirement:
    (A) You must keep records of the date, time, and duration of each 
alarm, the time corrective action was initiated and completed, and a 
brief description of the cause of the alarm and the corrective action 
taken;
    (B) You must record the percent of the operating time during each 6-
month period that the alarm sounds;
    (C) In calculating the operating time percentage, if inspection of 
the fabric filter demonstrates that no corrective action is required, no 
alarm time is counted; and
    (D) If corrective action is required, each alarm shall be counted as 
a minimum of 1 hour.
    (9) Particulate matter detection system requirements for 
electrostatic precipitators and ionizing wet scrubbers. If your 
combustor is equipped with an electrostatic precipitator or ionizing wet 
scrubber, and you elect not to establish under Sec. 63.1209(m)(1)(iv) 
site-specific

[[Page 36]]

control device operating parameter limits that are linked to the 
automatic waste feed cutoff system under paragraph (c)(3) of this 
section, you must continuously operate a particulate matter detection 
system that meets the specifications and requirements of paragraph 
(c)(9)(i) through (iii) of this section and you must comply with the 
corrective measures and notification requirements of paragraphs 
(c)(9)(iv) through (v) of this section.
    (i) Particulate matter detection system requirements.--(A) The 
particulate matter detection system must be certified by the 
manufacturer to be capable of continuously detecting and recording 
particulate matter emissions at concentrations of 1.0 milligrams per 
actual cubic meter unless you demonstrate, under Sec. 63.1209(g)(1), 
that a higher detection limit would routinely detect particulate matter 
loadings during normal operations;
    (B) The particulate matter detector shall provide output of relative 
or absolute particulate matter loadings;
    (C) The particulate matter detection system shall be equipped with 
an alarm system that will sound an audible alarm when an increase in 
relative or absolute particulate loadings is detected over the set-point
    (D) You must install, operate, and maintain the particulate matter 
detection system in a manner consistent with the provisions of paragraph 
(c)(9) of this section and available written guidance from the U.S. 
Environmental Protection Agency or, in the absence of such written 
guidance, the manufacturer's written specifications and recommendations 
for installation, operation, maintenance and quality assurance of the 
system;
    (E) You must include procedures for installation, operation, 
maintenance, and quality assurance of the particulate matter detection 
system in the site-specific continuous monitoring system test plan 
required under Sec. 63.8(e)(3) of this chapter.
    (F) Where multiple detectors are required to monitor multiple 
control devices, the system's instrumentation and alarm system may be 
shared among the detectors.
    (G) You must establish the alarm set-point as provided by either 
paragraph (c)(9)(ii) or paragraph (c)(9)(iii) of this section.
    (ii) Establishing the alarm set-point without extrapolation. (A) The 
alarm set-point is the average of the test run averages of the detector 
response achieved during the comprehensive performance test 
demonstrating compliance with the particulate matter emission standard.
    (B) During the comprehensive performance test, you may simulate 
emission concentrations at the upper end of the range of normal 
operations by means including feeding high levels of ash and detuning 
the emission control equipment.
    (C) You must comply with the alarm set-point on a 6-hour rolling 
average, updated each hour with a one-hour block average that is the 
average of the detector responses over each 15-minute block;
    (iii) Establishing the alarm set-point with extrapolation. You may 
extrapolate the average of the test run averages of the detector 
response achieved during the comprehensive performance test as provided 
by paragraph (c)(9)(iii)(A) of this section to establish an alarm level 
after you approximate the correlation of the detector response to 
particulate matter concentration as prescribed by paragraph 
(c)(9)(iii)(B) of this section. You must comply with the extrapolated 
alarm set-point on a 6-hour rolling average, updated each hour with a 
one-hour block average that is the average of the detector responses 
over each 15-minute block.
    (A) You may extrapolate the detector response up to a particulate 
matter concentration that is 50% of the particulate matter emission 
standard or 125% of the highest particulate matter concentration used to 
develop the correlation under paragraph (c)(9)(iii)(B) of this section, 
whichever is greater. The extrapolated emission concentration must not 
exceed the particulate matter emission standard.
    (B) To establish an approximate correlation of the detector response 
to particulate matter emission concentrations, you should use as 
guidance Performance Specification-11 for PM CEMS (40 CFR Part 60, 
Appendix B), except that you need only conduct 5 runs to establish the 
initial correlation

[[Page 37]]

under Section 8.6 of Performance Specification 11.
    (C) For quality assurance, you should use as guidance Procedure 2 of 
Appendix F to Part 60 of this chapter and the detector manufacturer's 
recommended procedures for periodic quality assurance checks and tests, 
except that:
    (1) You must conduct annual Relative Response Audits as prescribed 
by Procedure 2 of Appendix F to Part 60 of this chapter (Section 
10.3(6));
    (2) You need only conduct Relative Response Audits on a 3-year 
interval after passing two sequential annual Relative Response Audits.
    (D) An exceedance of the particulate matter emission standard by a 
particulate matter detection system for which particulate emission 
concentrations have been approximately correlated with the detector 
response under paragraph (c)(9)(iii) of this section is not evidence 
that the standard has been exceeded. The approximate correlation is used 
for compliance assurance to determine when corrective measures must be 
taken rather than for compliance monitoring.
    (iv) Particulate matter detection system corrective measures 
requirements. The operating and maintenance plan required by paragraph 
(c)(7) of this section must include a corrective measures plan that 
specifies the procedures you will follow in the case of a particulate 
matter detection system alarm. The corrective measures plan must 
include, at a minimum, the procedures used to determine and record the 
time and cause of the alarm as well as the corrective measures taken to 
correct the control device malfunction or minimize emissions as 
specified below. Failure to initiate the corrective measures required by 
this paragraph is failure to ensure compliance with the emission 
standards in this subpart.
    (A) You must initiate the procedures used to determine the cause of 
the alarm within 30 minutes of the time the alarm first sounds; and
    (B) You must alleviate the cause of the alarm by taking the 
necessary corrective measure(s) which may include shutting down the 
combustor.
    (v) Excessive exceedances notification. If you operate the combustor 
when the detector response exceeds the alarm set-point more than 5 
percent of the time during any 6-month block time period, you must 
submit a notification to the Administrator within 30 days of the end of 
the 6-month block time period that describes the causes of the 
exceedances and the revisions to the design, operation, or maintenance 
of the combustor or emission control device you are taking to minimize 
exceedances. To document compliance with this requirement:
    (A) You must keep records of the date, time, and duration of each 
alarm, the time corrective action was initiated and completed, and a 
brief description of the cause of the alarm and the corrective action 
taken;
    (B) You must record the percent of the operating time during each 6-
month period that the alarm sounds;
    (C) In calculating the operating time percentage, if inspection of 
the emission control device demonstrates that no corrective action is 
required, no alarm time is counted; and
    (D) If corrective action is required, each alarm shall be counted as 
a minimum of 1 hour.

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



Sec. 63.1207  What are the performance testing requirements?

    (a) General. The provisions of Sec. 63.7 apply, except as noted 
below.
    (b) Types of performance tests--(1) Comprehensive performance test. 
You must conduct comprehensive performance tests to demonstrate 
compliance with the emission standards provided by this subpart, 
establish limits for the operating parameters provided by Sec. 63.1209, 
and demonstrate compliance with the performance specifications for 
continuous monitoring systems.
    (2) Confirmatory performance test. You must conduct confirmatory 
performance tests to:
    (i) Demonstrate compliance with the dioxin/furan emission standard 
when the source operates under normal operating conditions; and

[[Page 38]]

    (ii) Conduct a performance evaluation of continuous monitoring 
systems required for compliance assurance with the dioxin/furan emission 
standard under Sec. 63.1209(k).
    (3) One-Time Dioxin/Furan Test for Sources Not Subject to a 
Numerical Dioxin/Furan Standard. For solid fuel boilers and hydrochloric 
acid production furnaces, for lightweight aggregate kilns that are not 
subject to a numerical dioxin/furan emission standard under Sec. 
63.1221, and liquid fuel boilers that are not subject to a numerical 
dioxin/furan emission standard under Sec. 63.1217, you must conduct a 
one-time emission test for dioxin/furan under feed and operating 
conditions that are most likely to reflect daily maximum operating 
variability, similar to a dioxin/furan comprehensive performance test.
    (i) You must conduct the dioxin/furan emissions test no later than 
the deadline for conducting the initial comprehensive performance test.
    (ii) You may use dioxin/furan emissions data from previous testing 
to meet this requirement, provided that:
    (A) The testing was conducted under feed and operating conditions 
that are most likely to reflect daily maximum operating variability, 
similar to a dioxin/furan compliance test;
    (B) You have not changed the design or operation of the source in a 
manner that could significantly affect stack gas dioxin/furan emission 
concentrations; and
    (C) The data meet quality assurance objectives that may be 
determined on a site-specific basis.
    (iii) You may use dioxin/furan emissions data from a source to 
represent emissions from another on-site source in lieu of testing 
(i.e., data in lieu of testing) if the design and operation, including 
hazardous waste feed and other feedstreams, of the sources are 
identical.
    (iv) You must include the results of the one-time dioxin/furan 
emissions test with the results of the initial comprehensive performance 
test in the Notification of Compliance.
    (v) You must repeat the dioxin/furan emissions test if you change 
the design or operation of the source in a manner that may increase 
dioxin/furan emissions.
    (c) Initial comprehensive performance test--(1) Test date. Except as 
provided by paragraphs (c)(2) and (c)(3) of this section, you must 
commence the initial comprehensive performance test not later than six 
months after the compliance date.
    (2) Data in lieu of the initial comprehensive performance test. (i) 
You may request that previous emissions test data serve as documentation 
of conformance with the emission standards of this subpart provided that 
the previous testing:
    (A) Was initiated after 54 months prior to the compliance date, 
except as provided by paragraphs (c)(2)(iii) or (c)(2)(iv) of this 
section;
    (B) Results in data that meet quality assurance objectives 
(determined on a site-specific basis) such that the results demonstrate 
compliance with the applicable standards;
    (C) Was in conformance with the requirements of paragraph (g)(1) of 
this section; and
    (D) Was sufficient to establish the applicable operating parameter 
limits under Sec. 63.1209.
    (ii) You must submit data in lieu of the initial comprehensive 
performance test in lieu of (i.e., if the data are in lieu of all 
performance testing) or with the notification of performance test 
required under paragraph (e) of this section.
    (iii) The data in lieu test age restriction provided in paragraph 
(c)(2)(i)(A) of this section does not apply for the duration of the 
interim standards (i.e., the standards published in the Federal Register 
on February 13, 2002, 67 FR 6792). See 40 CFR parts 63, 264, 265, 266, 
270, and 271 revised as of July 1, 2002. Paragraph (c)(2)(i)(A) of this 
section does not apply until EPA promulgates permanent replacement 
standards pursuant to the Settlement Agreement noticed in the Federal 
Register on November 16, 2001 (66 FR 57715).
    (iv) The data in lieu test age restriction provided in paragraph 
(c)(2)(i)(A) of this section does not apply to DRE data provided you do 
not feed hazardous waste at a location in the combustion system other 
than the normal flame zone.

[[Page 39]]

    (3) For incinerators, cement kilns, and lightweight aggregate kilns, 
you must commence the initial comprehensive performance test to 
demonstrate compliance with the standards under Sec. Sec. 63.1219, 
63.1220, and 63.1221 not later than 12 months after the compliance date.
    (d) Frequency of testing. Except as otherwise specified in paragraph 
(d)(4) of this section, you must conduct testing periodically as 
prescribed in paragraphs (d)(1) through (d)(3) of this section. The date 
of commencement of the initial comprehensive performance test is the 
basis for establishing the deadline to commence the initial confirmatory 
performance test and the next comprehensive performance test. You may 
conduct performance testing at any time prior to the required date. The 
deadline for commencing subsequent confirmatory and comprehensive 
performance testing is based on the date of commencement of the previous 
comprehensive performance test. Unless the Administrator grants a time 
extension under paragraph (i) of this section, you must conduct testing 
as follows:
    (1) Comprehensive performance testing. Except as otherwise specified 
in paragraph (d)(4) of this section, you must commence testing no later 
than 61 months after the date of commencing the previous comprehensive 
performance test. If you submit data in lieu of the initial performance 
test, you must commence the subsequent comprehensive performance test 
within 61 months of commencing the test used to provide the data in lieu 
of the initial performance test.
    (2) Confirmatory performance testing. Except as otherwise specified 
in paragraph (d)(4) of this section, you must commence confirmatory 
performance testing no later than 31 months after the date of commencing 
the previous comprehensive performance test. If you submit data in lieu 
of the initial performance test, you must commence the initial 
confirmatory performance test within 31 months of the date six months 
after the compliance date. To ensure that the confirmatory test is 
conducted approximately midway between comprehensive performance tests, 
the Administrator will not approve a test plan that schedules testing 
within 18 months of commencing the previous comprehensive performance 
test.
    (3) Duration of testing. You must complete performance testing 
within 60 days after the date of commencement, unless the Administrator 
determines that a time extension is warranted based on your 
documentation in writing of factors beyond your control that prevent you 
from meeting the 60-day deadline.
    (4) Applicable testing requirements under the interim standards. (i) 
Waiver of periodic comprehensive performance tests. Except as provided 
in paragraph (c)(2) of this section, you must conduct only an initial 
comprehensive performance test under the interim standards (i.e., the 
standards published in the Federal Register on February 13, 2002); all 
subsequent comprehensive performance testing requirements are waived 
under the interim standards. The provisions in the introductory text to 
paragraph (d) and in paragraph (d)(1) of this section do not apply until 
EPA promulgates permanent replacement standards pursuant to the 
Settlement Agreement noticed in the Federal Register on November 16, 
2001.
    (ii) Waiver of confirmatory performance tests. You are not required 
to conduct a confirmatory test under the interim standards (i.e., the 
standards published in the Federal Register on February 13, 2002. The 
confirmatory testing requirements in the introductory text to paragraph 
(d) and in paragraph (d)(2) of this section are waived until EPA 
promulgates permanent replacement standards pursuant to the Settlement 
Agreement noticed in the Federal Register on November 16, 2001.
    (e) Notification of performance test and CMS performance evaluation, 
and approval of test plan and CMS performance evaluation plan. (1) The 
provisions of Sec. 63.7(b) and (c) and Sec. 63.8(e) apply, except:
    (i) Comprehensive performance test. You must submit to the 
Administrator a notification of your intention to conduct a 
comprehensive performance test and CMS performance evaluation and a 
site-specific test plan and CMS performance evaluation test plan at 
least one year before the performance test

[[Page 40]]

and performance evaluation are scheduled to begin.
    (A) The Administrator will notify you of approval or intent to deny 
approval of the site-specific test plan and CMS performance evaluation 
test plan within 9 months after receipt of the original plan.
    (B) You must submit to the Administrator a notification of your 
intention to conduct the comprehensive performance test at least 60 
calendar days before the test is scheduled to begin.
    (ii) Confirmatory performance test. You must submit to the 
Administrator a notification of your intention to conduct a confirmatory 
performance test and CMS performance evaluation and a site-specific test 
plan and CMS performance evaluation test plan at least 60 calendar days 
before the performance test is scheduled to begin. The Administrator 
will notify you of approval or intent to deny approval of the site-
specific test plan and CMS performance evaluation test plan within 30 
calendar days after receipt of the original test plans.
    (2) You must make your site-specific test plan and CMS performance 
evaluation test plan available to the public for review no later than 60 
calendar days before initiation of the test. You must issue a public 
notice to all persons on your facility/public mailing list (developed 
pursuant to 40 CFR 70.7(h), 71.11(d)(3)(i)(E) and 124.10(c)(1)(ix)) 
announcing the availability of the test plans and the location where the 
test plans are available for review. The test plans must be accessible 
to the public for 60 calendar days, beginning on the date that you issue 
your public notice. The location must be unrestricted and provide access 
to the public during reasonable hours and provide a means for the public 
to obtain copies. The notification must include the following 
information at a minimum:
    (i) The name and telephone number of the source's contact person;
    (ii) The name and telephone number of the regulatory agency's 
contact person;
    (iii) The location where the test plans and any necessary supporting 
documentation can be reviewed and copied;
    (iv) The time period for which the test plans will be available for 
public review; and
    (v) An expected time period for commencement and completion of the 
performance test and CMS performance evaluation test.
    (3) Petitions for time extension if Administrator fails to approve 
or deny test plans. You may petition the Administrator under Sec. 
63.7(h) to obtain a ``waiver'' of any performance test--initial or 
periodic performance test; comprehensive or confirmatory test. The 
``waiver'' would be implemented as an extension of time to conduct the 
performance test at a later date.
    (i) Qualifications for the waiver. (A) You may not petition the 
Administrator for a waiver under this section if the Administrator has 
issued a notification of intent to deny your test plan(s) under Sec. 
63.7(c)(3)(i)(B);
    (B) You must submit a site-specific emissions testing plan and a 
continuous monitoring system performance evaluation test plan at least 
one year before a comprehensive performance test is scheduled to begin 
as required by paragraph (c)(1) of this section, or at least 60 days 
before a confirmatory performance test is scheduled to begin as required 
by paragraph (d) of this section. The test plans must include all 
required documentation, including the substantive content requirements 
of paragraph (f) of this section and Sec. 63.8(e); and
    (C) You must make a good faith effort to accommodate the 
Administrator's comments on the test plans.
    (ii) Procedures for obtaining a waiver and duration of the waiver: 
(A) You must submit to the Administrator a waiver petition or request to 
renew the petition under Sec. 63.7(h) separately for each source at 
least 60 days prior to the scheduled date of the performance test;
    (B) The Administrator will approve or deny the petition within 30 
days of receipt and notify you promptly of the decision;
    (C) The Administrator will not approve an individual waiver petition 
for a duration exceeding 6 months;
    (D) The Administrator will include a sunset provision in the waiver 
ending the waiver within 6 months;

[[Page 41]]

    (E) You may submit a revised petition to renew the waiver under 
Sec. 63.7(h)(3)(iii) at least 60 days prior to the end date of the most 
recently approved waiver petition;
    (F) The Administrator may approve a revised petition for a total 
waiver period up to 12 months.
    (iii) Content of the waiver. (A) You must provide documentation to 
enable the Administrator to determine that the source is meeting the 
relevant standard(s) on a continuous basis as required by Sec. 
63.7(h)(2). For extension requests for the initial comprehensive 
performance test, you must submit your Documentation of Compliance to 
assist the Administrator in making this determination.
    (B) You must include in the petition information justifying your 
request for a waiver, such as the technical or economic infeasibility, 
or the impracticality, of the affected source performing the required 
test, as required by Sec. 63.7(h)(3)(iii).
    (iv) Public notice. At the same time that you submit your petition 
to the Administrator, you must notify the public (e.g., distribute a 
notice to the facility/public mailing list developed pursuant to 40 CFR 
70.7(h), 71.11(d)(3)(i)(E) and 124.10(c)(1)(ix)) of your petition to 
waive a performance test. The notification must include all of the 
following information at a minimum:
    (A) The name and telephone number of the source's contact person;
    (B) The name and telephone number of the regulatory agency's contact 
person;
    (C) The date the source submitted its site-specific performance test 
plan and CMS performance evaluation test plans; and
    (D) The length of time requested for the waiver.
    (f) Content of performance test plan. The provisions of Sec. Sec. 
63.7(c)(2)(i)-(iii) and (v) regarding the content of the test plan 
apply. In addition, you must include the following information in the 
test plan:
    (1) Content of comprehensive performance test plan. (i) An analysis 
of each feedstream, including hazardous waste, other fuels, and 
industrial furnace feedstocks, as fired, that includes:
    (A) Heating value, levels of ash (for hazardous waste incinerators 
only), levels of semivolatile metals, low volatile metals, mercury, and 
total chlorine (organic and inorganic); and
    (B) Viscosity or description of the physical form of the feedstream;
    (ii) For organic hazardous air pollutants established by 42 U.S.C. 
7412(b)(1), excluding caprolactam (CAS number 105602) as provided by 
Sec. 63.60:
    (A) Except as provided by paragraph (f)(1)(ii)(D) of this section, 
an identification of such organic hazardous air pollutants that are 
present in each hazardous waste feedstream. You need not analyze for 
organic hazardous air pollutants that would reasonably not be expected 
to be found in the feedstream. You must identify any constituents you 
exclude from analysis and explain the basis for excluding them. You must 
conduct the feedstream analysis according to Sec. 63.1208(b)(8);
    (B) An approximate quantification of such identified organic 
hazardous air pollutants in the hazardous waste feedstreams, within the 
precision produced by analytical procedures of Sec. 63.1208(b)(8); and
    (C) A description of blending procedures, if applicable, prior to 
firing the hazardous waste feedstream, including a detailed analysis of 
the materials prior to blending, and blending ratios.
    (D) The Administrator may approve on a case-by-case basis a 
hazardous waste feedstream analysis for organic hazardous air pollutants 
in lieu of the analysis required under paragraph (f)(1)(ii)(A) of this 
section if the reduced analysis is sufficient to ensure that the POHCs 
used to demonstrate compliance with the applicable DRE standards of this 
subpart continue to be representative of the most difficult to destroy 
organic compounds in your hazardous waste feedstreams;
    (iii) A detailed engineering description of the hazardous waste 
combustor, including:
    (A) Manufacturer's name and model number of the hazardous waste 
combustor;
    (B) Type of hazardous waste combustor;
    (C) Maximum design capacity in appropriate units;

[[Page 42]]

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

[[Page 43]]

by paragraph (m)(7) of this section, and Sec. 63.1209(j)(2), (k)(3), 
(m)(2)(i), (n)(5)(i), and (o)(2)(i).
    (xviii) You must submit an application to request alternative 
monitoring under Sec. 63.1209(g)(1) not later than with the 
comprehensive performance test plan, as required by Sec. 
63.1209(g)(1)(iii)(A).
    (xix) You must document the temperature location measurement in the 
comprehensive performance test plan, as required by Sec. Sec. 
63.1209(j)(1)(i) and 63.1209(k)(2)(i).
    (xx) If your source is equipped with activated carbon injection, you 
must document in the comprehensive performance test plan:
    (A) The manufacturer specifications for minimum carrier fluid 
flowrate or pressure drop, as required by Sec. 63.1209(k)(6)(ii); and
    (B) Key parameters that affect carbon adsorption, and the operating 
limits you establish for those parameters based on the carbon used 
during the performance test, if you elect not to specify and use the 
brand and type of carbon used during the comprehensive performance test, 
as required by Sec. 63.1209(k)(6)(iii).
    (xxi) If your source is equipped with a carbon bed system, and you 
elect not to specify and use the brand and type of carbon used during 
the comprehensive performance test, you must include in the 
comprehensive performance test plan key parameters that affect carbon 
adsorption, and the operating limits you establish for those parameters 
based on the carbon used during the performance test, as required by 
Sec. 63.1209(k)(7)(ii).
    (xxii) If you feed a dioxin/furan inhibitor into the combustion 
system, you must document in the comprehensive performance test plan key 
parameters that affect the effectiveness of the inhibitor, and the 
operating limits you establish for those parameters based on the 
inhibitor fed during the performance test, if you elect not to specify 
and use the brand and type of inhibitor used during the comprehensive 
performance test, as required by Sec. 63.1209(k)(9)(ii).
    (xxiii) If your source is equipped with a wet scrubber and you elect 
to monitor solids content of the scrubber liquid manually but believe 
that hourly monitoring of solids content is not warranted, you must 
support an alternative monitoring frequency in the comprehensive 
performance test plan, as required by Sec. 63.1209(m)(1)(i)(B)(1)(i).
    (xxiv) If your source is equipped with a particulate matter control 
device other than a wet scrubber, baghouse, or electrostatic 
precipitator, you must include in the comprehensive performance test 
plan:
    (A) Documentation to support the operating parameter limits you 
establish for the control device, as required by Sec. 
63.1209(m)(1)(iv)(A)(4); and
    (B) Support for the use of manufacturer specifications if you 
recommend such specifications in lieu of basing operating limits on 
performance test operating levels, as required by Sec. 
63.1209(m)(1)(iv)(D).
    (xxv) If your source is equipped with a dry scrubber to control 
hydrogen chloride and chlorine gas, you must document in the 
comprehensive performance test plan key parameters that affect 
adsorption, and the limits you establish for those parameters based on 
the sorbent used during the performance test, if you elect not to 
specify and use the brand and type of sorbent used during the 
comprehensive performance test, as required by Sec. 
63.1209(o)(4)(iii)(A); and
    (xxvi) For purposes of calculating semivolatile metal, low volatile 
metal, mercury, and total chlorine (organic and inorganic), and ash 
feedrate limits, a description of how you will handle performance test 
feedstream analytical results that determines these constituents are not 
present at detectable levels.
    (xxvii) Such other information as the Administrator reasonably finds 
necessary to determine whether to approve the performance test plan.
    (2) Content of confirmatory test plan. (i) A description of your 
normal hydrocarbon or carbon monoxide operating levels, as specified in 
paragraph (g)(2)(i) of this section, and an explanation of how these 
normal levels were determined;
    (ii) A description of your normal applicable operating parameter 
levels, as specified in paragraph (g)(2)(ii) of this

[[Page 44]]

section, and an explanation of how these normal levels were determined;
    (iii) A description of your normal chlorine operating levels, as 
specified in paragraph (g)(2)(iii) of this section, and an explanation 
of how these normal levels were determined;
    (iv) If you use carbon injection or a carbon bed, a description of 
your normal cleaning cycle of the particulate matter control device, as 
specified in paragraph (g)(2)(iv) of this section, and an explanation of 
how these normal levels were determined;
    (v) A detailed description of sampling and monitoring procedures 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis;
    (vi) A detailed test schedule for each hazardous waste for which the 
performance test is planned, including date(s), duration, quantity of 
hazardous waste to be burned, and other relevant factors;
    (vii) A detailed test protocol, including, for each hazardous waste 
identified, the ranges of hazardous waste feedrate for each feed system, 
and, as appropriate, the feedrates of other fuels and feedstocks, and 
any other relevant parameters that may affect the ability of the 
hazardous waste combustor to meet the dioxin/furan emission standard;
    (viii) A description of, and planned operating conditions for, any 
emission control equipment that will be used;
    (ix) Procedures for rapidly stopping the hazardous waste feed and 
controlling emissions in the event of an equipment malfunction; and
    (x) Such other information as the Administrator reasonably finds 
necessary to determine whether to approve the confirmatory test plan.
    (g) Operating conditions during testing. You must comply with the 
provisions of Sec. 63.7(e). Conducting performance testing under 
operating conditions representative of the extreme range of normal 
conditions is consistent with the requirement of Sec. 63.7(e)(1) to 
conduct performance testing under representative operating conditions.
    (1) Comprehensive performance testing--(i) Operations during 
testing. For the following parameters, you must operate the combustor 
during the performance test under normal conditions (or conditions that 
will result in higher than normal emissions):
    (A) Chlorine feedrate. You must feed normal (or higher) levels of 
chlorine during the dioxin/furan performance test;
    (B) Ash feedrate. For hazardous waste incinerators, you must conduct 
the following tests when feeding normal (or higher) levels of ash: The 
semivolatile metal and low volatile metal performance tests; and the 
dioxin/furan and mercury performance tests if activated carbon injection 
or a carbon bed is used; and
    (C) Cleaning cycle of the particulate matter control device. You 
must conduct the following tests when the particulate matter control 
device undergoes its normal (or more frequent) cleaning cycle: The 
particulate matter, semivolatile metal, and low volatile metal 
performance tests; and the dioxin/furan and mercury performance tests if 
activated carbon injection or a carbon bed is used.
    (ii) Modes of operation. Given that you must establish limits for 
the applicable operating parameters specified in Sec. 63.1209 based on 
operations during the comprehensive performance test, you may conduct 
testing under two or more operating modes to provide operating 
flexibility.
    (iii) Steady-state conditions. (A) Prior to obtaining performance 
test data, you must operate under performance test conditions until you 
reach steady-state operations with respect to emissions of pollutants 
you must measure during the performance test and operating parameters 
under Sec. 63.1209 for which you must establish limits. During system 
conditioning, you must ensure that each operating parameter for which 
you must establish a limit is held at the level planned for the 
performance test. You must include documentation in the performance test 
plan under paragraph (f) of this section justifying the duration of 
system conditioning.
    (B) If you own or operate a hazardous waste cement kiln that 
recycles collected particulate matter (i.e., cement

[[Page 45]]

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

[[Page 46]]

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

[[Page 47]]

for reasons beyond your control, you may not be able to meet the 90-day 
deadline for submitting the Notification of Compliance after completion 
of testing. The Administrator will determine whether a time extension is 
warranted.
    (5) Early compliance. If you conduct the initial comprehensive 
performance test prior to the compliance date, you must postmark the 
Notification of Compliance within 90 days of completion of the 
performance test or by the compliance date, whichever is later.
    (k) Failure to submit a timely notification of compliance. (1) If 
you fail to postmark a Notification of Compliance by the specified date, 
you must cease hazardous waste burning immediately.
    (2) Prior to submitting a revised Notification of Compliance as 
provided by paragraph (k)(3) of this section, you may burn hazardous 
waste only for the purpose of pretesting or comprehensive performance 
testing and only for a maximum of 720 hours (renewable at the discretion 
of the Administrator).
    (3) You must submit to the Administrator a Notification of 
Compliance subsequent to a new comprehensive performance test before 
resuming hazardous waste burning.
    (l) Failure of performance test--(1) Comprehensive performance test. 
The provisions of this paragraph do not apply to the initial 
comprehensive performance test if you conduct the test prior to your 
compliance date.
    (i) If you determine (based on CEM recordings, results of analyses 
of stack samples, or results of CMS performance evaluations) that you 
have exceeded any emission standard during a comprehensive performance 
test for a mode of operation, you must cease hazardous waste burning 
immediately under that mode of operation. You must make this 
determination within 90 days following completion of the performance 
test.
    (ii) If you have failed to demonstrate compliance with the emission 
standards for any mode of operation:
    (A) Prior to submitting a revised Notification of Compliance as 
provided by paragraph (l)(1)(ii)(C) of this section, you may burn 
hazardous waste only for the purpose of pretesting or comprehensive 
performance testing under revised operating conditions, and only for a 
maximum of 720 hours (renewable at the discretion of the Administrator), 
except as provided by paragraph (l)(3) of this section;
    (B) You must conduct a comprehensive performance test under revised 
operating conditions following the requirements for performance testing 
of this section; and
    (C) You must submit to the Administrator a Notification of 
Compliance subsequent to the new comprehensive performance test.
    (2) Confirmatory performance test. If you determine (based on CEM 
recordings, results of analyses of stack samples, or results of CMS 
performance evaluations) that you have failed the dioxin/furan emission 
standard during a confirmatory performance test, you must cease burning 
hazardous waste immediately. You must make this determination within 90 
days following completion of the performance test. To burn hazardous 
waste in the future:
    (i) You must submit to the Administrator for review and approval a 
test plan to conduct a comprehensive performance test to identify 
revised limits on the applicable dioxin/furan operating parameters 
specified in Sec. 63.1209(k);
    (ii) You must submit to the Administrator a Notification of 
Compliance with the dioxin/furan emission standard under the provisions 
of paragraphs (j) and (k) of this section and this paragraph (l). You 
must include in the Notification of Compliance the revised limits on the 
applicable dioxin/furan operating parameters specified in Sec. 
63.1209(k); and
    (iii) Until the Notification of Compliance is submitted, you must 
not burn hazardous waste except for purposes of pretesting or 
confirmatory performance testing, and for a maximum of 720 hours 
(renewable at the discretion of the Administrator), except as provided 
by paragraph (l)(3) of this section.
    (3) You may petition the Administrator to obtain written approval to 
burn hazardous waste in the interim prior to submitting a Notification 
of Compliance for purposes other than testing or pretesting. You must 
specify operating requirements, including limits on operating 
parameters, that you

[[Page 48]]

determine will ensure compliance with the emission standards of this 
subpart based on available information including data from the failed 
performance test. The Administrator will review, modify as necessary, 
and approve if warranted the interim operating requirements. An approval 
of interim operating requirements will include a schedule for submitting 
a Notification of Compliance.
    (m) Waiver of performance test. (1) The waiver provision of this 
paragraph applies in addition to the provisions of Sec. 63.7(h).
    (2) You are not required to conduct performance tests to document 
compliance with the mercury, semivolatile metals, low volatile metals, 
or hydrogen chloride/chlorine gas emission standards under the 
conditions specified in this paragraph (m)(2). You are deemed to be in 
compliance with an emission standard if the twelve-hour rolling average 
maximum theoretical emission concentration (MTEC) does not exceed the 
emission standard:
    (i) Determine the feedrate of mercury, semivolatile metals, low 
volatile metals, or total chlorine and chloride from all feedstreams;
    (ii) Determine the stack gas flowrate; and
    (iii) Calculate a MTEC for each standard assuming all mercury, 
semivolatile metals, low volatile metals, or total chlorine (organic and 
inorganic) from all feedstreams is emitted;
    (3) To document compliance with this provision, you must:
    (i) Monitor and record the feedrate of mercury, semivolatile metals, 
low volatile metals, and total chlorine and chloride from all 
feedstreams according to Sec. 63.1209(c);
    (ii) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (iii) Continuously calculate and record in the operating record the 
MTEC under the procedures of paragraph (m)(2) of this section; and
    (iv) Interlock the MTEC calculated in paragraph (m)(2)(iii) of this 
section to the AWFCO system to stop hazardous waste burning when the 
MTEC exceeds the emission standard.
    (4) In lieu of the requirement in paragraphs (m)(3)(iii) and (iv) of 
this section, you may:
    (i) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury, semivolatile 
metals, low volatile metals, and/or total chlorine and chloride from all 
feedstreams that ensures the MTEC as calculated in paragraph (m)(2)(iii) 
of this section is below the applicable emission standard; and
    (ii) Interlock the minimum gas flowrate limit and maximum feedrate 
limit of paragraph (m)(4)(i) of this section to the AWFCO system to stop 
hazardous waste burning when the gas flowrate or mercury, semivolatile 
metals, low volatile metals, and/or total chlorine and chloride feedrate 
exceeds the limits of paragraph (m)(4)(i) of this section.
    (5) When you determine the feedrate of mercury, semivolatile metals, 
low volatile metals, or total chlorine and chloride for purposes of this 
provision, except as provided by paragraph (m)(6) of this section, you 
must assume that the analyte is present at the full detection limit when 
the feedstream analysis determines that the analyte is not detected in 
the feedstream.
    (6) Owners and operators of hazardous waste burning cement kilns and 
lightweight aggregate kilns may assume that mercury is present in raw 
material at half the detection limit when the raw material feedstream 
analysis determines that mercury is not detected.
    (7) You must state in the site-specific test plan that you submit 
for review and approval under paragraph (e) of this section that you 
intend to comply with the provisions of this paragraph. You must include 
in the test plan documentation that any surrogate that is proposed for 
gas flowrate adequately correlates with the gas flowrate.

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



Sec. 63.1208  What are the test methods?

    (a) [Reserved]

[[Page 49]]

    (b) Test methods. You must use the following test methods to 
determine compliance with the emissions standards of this subpart:
    (1) Dioxins and furans. (i) To determine compliance with the 
emission standard for dioxins and furans, you must use:
    (A) Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-
Dioxins and Polychlorinated Dibenzofurans emissions from Stationary 
Sources, EPA Publication SW-846 (incorporated by reference--see Sec. 
63.14); or
    (B) Method 23, provided in appendix A, part 60 of this chapter, 
after approval by the Administrator.
    (1) You may request approval to use Method 23 in the performance 
test plan required under Sec. 63.1207(e)(i) and (ii).
    (2) In determining whether to grant approval to use Method 23, the 
Administrator may consider factors including whether dioxin/furan were 
detected at levels substantially below the emission standard in previous 
testing, and whether previous Method 0023 analyses detected low levels 
of dioxin/furan in the front half of the sampling train.
    (3) Sources that emit carbonaceous particulate matter, such as coal-
fired boilers, and sources equipped with activated carbon injection, 
will be deemed not suitable for use of Method 23 unless you document 
that there would not be a significant improvement in quality assurance 
with Method 0023A.
    (ii) You must sample for a minimum of three hours, and you must 
collect a minimum sample volume of 2.5 dscm;
    (iii) You may assume that nondetects are present at zero 
concentration.
    (2) Mercury. You must use Method 29, provided in appendix A, part 60 
of this chapter, to demonstrate compliance with emission standard for 
mercury.
    (3) Cadmium and lead. You must use Method 29, provided in appendix 
A, part 60 of this chapter, to determine compliance with the emission 
standard for cadmium and lead (combined).
    (4) Arsenic, beryllium, and chromium. You must use Method 29, 
provided in appendix A, part 60 of this chapter, to determine compliance 
with the emission standard for arsenic, beryllium, and chromium 
(combined).
    (5) Hydrogen chloride and chlorine gas--(i) Compliance with MACT 
standards. To determine compliance with the emission standard for 
hydrogen chloride and chlorine gas (combined), you must use:
    (A) Method 26/26A as provided in appendix A, part 60 of this 
chapter; or
    (B) Methods 320 or 321 as provided in appendix A, part 63 of this 
chapter, or
    (C) ASTM D 6735-01, Standard Test Method for Measurement of Gaseous 
Chlorides and Fluorides from Mineral Calcining Exhaust Sources--Impinger 
Method to measure emissions of hydrogen chloride, and Method 26/26A to 
measure emissions of chlorine gas, provided that you follow the 
provisions in paragraphs (b)(5)(C)(1) through (6) of this section. ASTM 
D 6735-01 is available for purchase from at least one of the following 
addresses: American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or 
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
    (1) A test must include three or more runs in which a pair of 
samples is obtained simultaneously for each run according to section 
11.2.6 of ASTM Method D6735-01.
    (2) You must calculate the test run standard deviation of each set 
of paired samples to quantify data precision, according to Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR12OC05.001

Where:

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


[[Page 50]]


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

Where:

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

    (4) If RSDTA is greater than 20 percent, the data are invalid and 
the test must be repeated.
    (5) The post-test analyte spike procedure of section 11.2.7 of ASTM 
Method D6735-01 is conducted, and the percent recovery is calculated 
according to section 12.6 of ASTM Method D6735-01.
    (6) If the percent recovery is between 70 percent and 130 percent, 
inclusive, the test is valid. If the percent recovery is outside of this 
range, the data are considered invalid, and the test must be repeated.
    (ii) Compliance with risk-based limits under Sec. 63.1215. To 
demonstrate compliance with emission limits established under Sec. 
63.1215, you must use Method 26/26A as provided in appendix A, part 60 
of this chapter, Method 320 as provided in appendix A, part 63 of this 
chapter, Method 321 as provided in appendix A, part 63 of this chapter, 
or ASTM D 6735-01, Standard Test Method for Measurement of Gaseous 
Chlorides and Fluorides from Mineral Calcining Exhaust Sources--Impinger 
Method (following the provisions of paragraphs (b)(5)(C)(1) through (6) 
of this section), except:
    (A) For cement kilns and sources equipped with a dry acid gas 
scrubber, you must use Methods 320 or 321 as provided in appendix A, 
part 63 of this chapter, or ASTM D 6735-01 to measure hydrogen chloride, 
and the back-half, caustic impingers of Method 26/26A as provided in 
appendix A, part 60 of this chapter to measure chlorine gas; and
    (B) For incinerators, boilers, and lightweight aggregate kilns, you 
must use Methods 320 or 321 as provided in appendix A, part 63 of this 
chapter, or ASTM D 6735-01 to measure hydrogen chloride, and Method 26/
26A as provided in appendix A, part 60 of this chapter to measure total 
chlorine, and calculate chlorine gas by difference if:
    (1) The bromine/chlorine ratio in feedstreams is greater than 5 
percent; or
    (2) The sulfur/chlorine ratio in feedstreams is greater than 50 
percent.
    (6) Particulate matter. You must use Methods 5 or 5I, provided in 
appendix A, part 60 of this chapter, to demonstrate compliance with the 
emission standard for particulate matter.
    (7) Other Test Methods. You may use applicable test methods in EPA 
Publication SW-846, as incorporated by reference in paragraph (a) of 
this section, as necessary to demonstrate compliance with requirements 
of this subpart, except as otherwise specified in paragraphs (b)(2)-
(b)(6) of this section.
    (8) Feedstream analytical methods. You may use any reliable 
analytical method to determine feedstream concentrations of metals, 
chlorine, and other constituents. It is your responsibility to ensure 
that the sampling and analysis procedures are unbiased, precise, and 
that the results are representative of the feedstream.
    (9) Opacity. If you determine compliance with the opacity standard 
under the monitoring requirements of Sec. Sec. 63.1209(a)(1)(iv) and 
(a)(1)(v), you must use Method 9, provided in appendix A, part 60 of 
this chapter.

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



Sec. 63.1209  What are the monitoring requirements?

    (a) Continuous emissions monitoring systems (CEMS) and continuous 
opacity monitoring systems (COMS). (1)(i) You must use either a carbon 
monoxide or hydrocarbon CEMS to demonstrate and monitor compliance with 
the carbon monoxide and hydrocarbon standard under this subpart. You 
must also use an oxygen CEMS to continuously correct the carbon monoxide 
or hydrocarbon level to 7 percent oxygen.
    (ii) (A) Cement kilns under Sec. 63.1204--Except as provided by 
paragraphs (a)(1)(iv) and (a)(1)(v) of the section, you must use a COMS 
to demonstrate

[[Page 51]]

and monitor compliance with the opacity standard under Sec. Sec. 
63.1204(a)(7) and (b)(7) at each point where emissions are vented from 
these affected sources including the bypass stack of a preheater or 
preheater/precalciner kiln with dual stacks.
    (B) Cement kilns under Sec. 63.1220--Except as provided by 
paragraphs (a)(1)(iv) and (a)(1)(v) of the section and unless your 
source is equipped with a bag leak detection system under Sec. 
63.1206(c)(8) or a particulate matter detection system under Sec. 
63.1206(c)(9), you must use a COMS to demonstrate and monitor compliance 
with the opacity standard under Sec. Sec. 63.1220(a)(7) and (b)(7) at 
each point where emissions are vented from these affected sources 
including the bypass stack of a preheater or preheater/precalciner kiln 
with dual stacks.
    (C) You must maintain and operate each COMS in accordance with the 
requirements of Sec. 63.8(c) except for the requirements under Sec. 
63.8(c)(3). The requirements of Sec. 63.1211(c) shall be complied with 
instead of Sec. 63.8(c)(3); and
    (D) Compliance is based on a six-minute block average.
    (iii) You must install, calibrate, maintain, and operate a 
particulate matter CEMS to demonstrate and monitor compliance with the 
particulate matter standards under this subpart. However, compliance 
with the requirements in this section to install, calibrate, maintain 
and operate the PM CEMS is not required until such time that the Agency 
promulgates all performance specifications and operational requirements 
applicable to PM CEMS.
    (iv) If you operate a cement kiln subject to the provisions of this 
subpart and use a fabric filter with multiple stacks or an electrostatic 
precipitator with multiple stacks, you may, in lieu of installing the 
COMS required by paragraph (a)(1)(ii) of this section, comply with the 
opacity standard in accordance with the procedures of Method 9 to part 
60 of this chapter:
    (A) You must conduct the Method 9 test while the affected source is 
operating at the highest load or capacity level reasonably expected to 
occur within the day;
    (B) The duration of the Method 9 test shall be at least 30 minutes 
each day;
    (C) You must use the Method 9 procedures to monitor and record the 
average opacity for each six-minute block period during the test; and
    (D) To remain in compliance, all six-minute block averages must not 
exceed the opacity standard.
    (v) If you operate a cement kiln subject to the provisions of this 
subpart and use a particulate matter control device that exhausts 
through a monovent, or if the use of a COMS in accordance with the 
installation specification of Performance Specification 1 (PS-1) of 
appendix B to part 60 of this chapter is not feasible, you may, in lieu 
of installing the COMS required by paragraph (a)(1)(ii) of this section, 
comply with the opacity standard in accordance with the procedures of 
Method 9 to part 60 of this chapter:
    (A) You must conduct the Method 9 test while the affected source is 
operating at the highest load or capacity level reasonably expected to 
occur within the day;
    (B) The duration of the Method 9 test shall be at least 30 minutes 
each day;
    (C) You must use the Method 9 procedures to monitor and record the 
average opacity for each six-minute block period during the test; and
    (D) To remain in compliance, all six-minute block averages must not 
exceed the opacity standard.
    (2) Performance specifications. You must install, calibrate, 
maintain, and continuously operate the CEMS and COMS in compliance with 
the quality assurance procedures provided in the appendix to this 
subpart and Performance Specifications 1 (opacity), 4B (carbon monoxide 
and oxygen), and 8A (hydrocarbons) in appendix B, part 60 of this 
chapter.
    (3) Carbon monoxide readings exceeding the span. (i) Except as 
provided by paragraph (a)(3)(ii) of this section, if a carbon monoxide 
CEMS detects a response that results in a one-minute average at or above 
the 3,000 ppmv span level required by Performance Specification 4B in 
appendix B, part 60 of this chapter, the one-minute average must be 
recorded as 10,000 ppmv. The one-minute 10,000 ppmv value must be

[[Page 52]]

used for calculating the hourly rolling average carbon monoxide level.
    (ii) Carbon monoxide CEMS that use a span value of 10,000 ppmv when 
one-minute carbon monoxide levels are equal to or exceed 3,000 ppmv are 
not subject to paragraph (a)(3)(i) of this section. Carbon monoxide CEMS 
that use a span value of 10,000 are subject to the same CEMS performance 
and equipment specifications when operating in the range of 3,000 ppmv 
to 10,000 ppmv that are provided by Performance Specification 4B for 
other carbon monoxide CEMS, except:
    (A) Calibration drift must be less than 300 ppmv; and
    (B) Calibration error must be less than 500 ppmv.
    (4) Hydrocarbon readings exceeding the span. (i) Except as provided 
by paragraph (a)(4)(ii) of this section, if a hydrocarbon CEMS detects a 
response that results in a one-minute average at or above the 100 ppmv 
span level required by Performance Specification 8A in appendix B, part 
60 of this chapter, the one-minute average must be recorded as 500 ppmv. 
The one-minute 500 ppmv value must be used for calculating the hourly 
rolling average HC level.
    (ii) Hydrocarbon CEMS that use a span value of 500 ppmv when one-
minute hydrocarbon levels are equal to or exceed 100 ppmv are not 
subject to paragraph (a)(4)(i) of this section. Hydrocarbon CEMS that 
use a span value of 500 ppmv are subject to the same CEMS performance 
and equipment specifications when operating in the range of 100 ppmv to 
500 ppmv that are provided by Performance Specification 8A for other 
hydrocarbon CEMS, except:
    (A) The zero and high-level calibration gas must have a hydrocarbon 
level of between 0 and 100 ppmv, and between 250 and 450 ppmv, 
respectively;
    (B) The strip chart recorder, computer, or digital recorder must be 
capable of recording all readings within the CEM measurement range and 
must have a resolution of 2.5 ppmv;
    (C) The CEMS calibration must not differ by more than 15 ppmv after each 24-hour period of the seven day test 
at both zero and high levels;
    (D) The calibration error must be no greater than 25 ppmv; and
    (E) The zero level, mid-level, and high level calibration gas used 
to determine calibration error must have a hydrocarbon level of 0-200 
ppmv, 150-200 ppmv, and 350-400 ppmv, respectively.
    (5) Petitions to use CEMS for other standards. You may petition the 
Administrator to use CEMS for compliance monitoring for particulate 
matter, mercury, semivolatile metals, low volatile metals, and hydrogen 
chloride and chlorine gas under Sec. 63.8(f) in lieu of compliance with 
the corresponding operating parameter limits under this section.
    (6) Calculation of rolling averages--(i) Calculation of rolling 
averages initially. The carbon monoxide or hydrocarbon CEMS must begin 
recording one-minute average values by 12:01 a.m. and hourly rolling 
average values by 1:01 a.m., when 60 one-minute values will be available 
for calculating the initial hourly rolling average for those sources 
that come into compliance on the regulatory compliance date. Sources 
that elect to come into compliance before the regulatory compliance date 
must begin recording one-minute and hourly rolling average values within 
60 seconds and 60 minutes (when 60 one-minute values will be available 
for calculating the initial hourly rolling average), respectively, from 
the time at which compliance begins.
    (ii) Calculation of rolling averages upon intermittent operations. 
You must ignore periods of time when one-minute values are not available 
for calculating the hourly rolling average. When one-minute values 
become available again, the first one-minute value is added to the 
previous 59 values to calculate the hourly rolling average.
    (iii) Calculation of rolling averages when the hazardous waste feed 
is cutoff. (A) Except as provided by paragraph (a)(6)(iii)(B) of this 
section, you must continue monitoring carbon monoxide and hydrocarbons 
when the hazardous waste feed is cutoff if the source is operating. You 
must not resume feeding hazardous waste if the emission levels exceed 
the standard.

[[Page 53]]

    (B) You are not subject to the CEMS requirements of this subpart 
during periods of time you meet the requirements of Sec. 
63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous 
waste burning sources when you are not burning hazardous waste).
    (7) Operating parameter limits for hydrocarbons. If you elect to 
comply with the carbon monoxide and hydrocarbon emission standard by 
continuously monitoring carbon monoxide with a CEMS, you must 
demonstrate that hydrocarbon emissions during the comprehensive 
performance test do not exceed the hydrocarbon emissions standard. In 
addition, the limits you establish on the destruction and removal 
efficiency (DRE) operating parameters required under paragraph (j) of 
this section also ensure that you maintain compliance with the 
hydrocarbon emission standard. If you do not conduct the hydrocarbon 
demonstration and DRE tests concurrently, you must establish separate 
operating parameter limits under paragraph (j) of this section based on 
each test and the more restrictive of the operating parameter limits 
applies.
    (b) Other continuous monitoring systems (CMS). (1) You must use CMS 
(e.g., thermocouples, pressure transducers, flow meters) to document 
compliance with the applicable operating parameter limits under this 
section.
    (2) Except as specified in paragraphs (b)(2)(i) and (ii) of this 
section, you must install and operate continuous monitoring systems 
other than CEMS in conformance with Sec. 63.8(c)(3) that requires you, 
at a minimum, to comply with the manufacturer's written specifications 
or recommendations for installation, operation, and calibration of the 
system:
    (i) Calibration of thermocouples and pyrometers. The calibration of 
thermocouples must be verified at a frequency and in a manner consistent 
with manufacturer specifications, but no less frequent than once per 
year. You must operate and maintain optical pyrometers in accordance 
with manufacturer specifications unless otherwise approved by the 
Administrator. You must calibrate optical pyrometers in accordance with 
the frequency and procedures recommended by the manufacturer, but no 
less frequent than once per year, unless otherwise approved by the 
Administrator. And,
    (ii) Accuracy and calibration of weight measurement devices for 
activated carbon injection systems. If you operate a carbon injection 
system, the accuracy of the weight measurement device must be  1 percent of the weight being measured. The calibration 
of the device must be verified at least once each calendar quarter at a 
frequency of approximately 120 days.
    (3) CMS must sample the regulated parameter without interruption, 
and evaluate the detector response at least once each 15 seconds, and 
compute and record the average values at least every 60 seconds.
    (4) The span of the non-CEMS CMS detector must not be exceeded. You 
must interlock the span limits into the automatic waste feed cutoff 
system required by Sec. 63.1206(c)(3).
    (5) Calculation of rolling averages--(i) Calculation of rolling 
averages initially. Continuous monitoring systems must begin recording 
one-minute average values by 12:01 a.m., hourly rolling average values 
by 1:01 a.m.(e.g., when 60 one-minute values will be available for 
calculating the initial hourly rolling average), and twelve-hour rolling 
averages by 12:01 p.m.(e.g., when 720 one-minute averages are available 
to calculate a 12-hour rolling average), for those sources that come 
into compliance on the regulatory compliance date. Sources that elect to 
come into compliance before the regulatory compliance date must begin 
recording one-minute, hourly rolling average, and 12-hour rolling 
average values within 60 seconds, 60 minutes (when 60 one-minute values 
will be available for calculating the initial hourly rolling average), 
and 720 minutes (when 720 one-minute values will be available for 
calculating the initial 12-hour hourly rolling average) respectively, 
from the time at which compliance begins.
    (ii) Calculation of rolling averages upon intermittent operations. 
You must ignore periods of time when one-minute values are not available 
for calculating rolling averages. When one-minute values become 
available again, the first

[[Page 54]]

one-minute value is added to the previous one-minute values to calculate 
rolling averages.
    (iii) Calculation of rolling averages when the hazardous waste feed 
is cutoff. (A) Except as provided by paragraph (b)(5)(iii)(B) of this 
section, you must continue monitoring operating parameter limits with a 
CMS when the hazardous waste feed is cutoff if the source is operating. 
You must not resume feeding hazardous waste if an operating parameter 
exceeds its limit.
    (B) You are not subject to the CMS requirements of this subpart 
during periods of time you meet the requirements of Sec. 
63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous 
waste burning sources when you are not burning hazardous waste).
    (c) Analysis of feedstreams--(1) General. Prior to feeding the 
material, you must obtain an analysis of each feedstream that is 
sufficient to document compliance with the applicable feedrate limits 
provided by this section.
    (2) Feedstream analysis plan. You must develop and implement a 
feedstream analysis plan and record it in the operating record. The plan 
must specify at a minimum:
    (i) The parameters for which you will analyze each feedstream to 
ensure compliance with the operating parameter limits of this section;
    (ii) Whether you will obtain the analysis by performing sampling and 
analysis or by other methods, such as using analytical information 
obtained from others or using other published or documented data or 
information;
    (iii) How you will use the analysis to document compliance with 
applicable feedrate limits (e.g., if you blend hazardous wastes and 
obtain analyses of the wastes prior to blending but not of the blended, 
as-fired, waste, the plan must describe how you will determine the 
pertinent parameters of the blended waste);
    (iv) The test methods which you will use to obtain the analyses;
    (v) The sampling method which you will use to obtain a 
representative sample of each feedstream to be analyzed using sampling 
methods described in appendix IX, part 266 of this chapter, or an 
equivalent method; and
    (vi) The frequency with which you will review or repeat the initial 
analysis of the feedstream to ensure that the analysis is accurate and 
up to date.
    (3) Review and approval of analysis plan. You must submit the 
feedstream analysis plan to the Administrator for review and approval, 
if requested.
    (4) Compliance with feedrate limits. To comply with the applicable 
feedrate limits of this section, you must monitor and record feedrates 
as follows:
    (i) Determine and record the value of the parameter for each 
feedstream by sampling and analysis or other method;
    (ii) Determine and record the mass or volume flowrate of each 
feedstream by a CMS. If you determine flowrate of a feedstream by 
volume, you must determine and record the density of the feedstream by 
sampling and analysis (unless you report the constituent concentration 
in units of weight per unit volume (e.g., mg/l)); and
    (iii) Calculate and record the mass feedrate of the parameter per 
unit time.
    (5) Waiver of monitoring of constituents in certain feedstreams. You 
are not required to monitor levels of metals or chlorine in the 
following feedstreams to document compliance with the feedrate limits 
under this section provided that you document in the comprehensive 
performance test plan the expected levels of the constituent in the 
feedstream and account for those assumed feedrate levels in documenting 
compliance with feedrate limits: natural gas, process air, and 
feedstreams from vapor recovery systems.
    (d) Performance evaluations. (1) The requirements of Sec. Sec. 
63.8(d) (Quality control program) and (e) (Performance evaluation of 
continuous monitoring systems) apply, except that you must conduct 
performance evaluations of components of the CMS under the frequency and 
procedures (for example, submittal of performance evaluation test plan 
for review and approval) applicable to performance tests as provided by 
Sec. 63.1207.
    (2) You must comply with the quality assurance procedures for CEMS 
prescribed in the appendix to this subpart.
    (e) Conduct of monitoring. The provisions of Sec. 63.8(b) apply.

[[Page 55]]

    (f) Operation and maintenance of continuous monitoring systems. The 
provisions of Sec. 63.8(c) apply except:
    (1) Section 63.8(c)(3). The requirements of Sec. 63.1211(c), that 
requires CMSs to be installed, calibrated, and operational on the 
compliance date, shall be complied with instead of section 63.8(c)(3);
    (2) Section 63.8(c)(4)(ii). The performance specifications for 
carbon monoxide, hydrocarbon, and oxygen CEMSs in subpart B, part 60 of 
this chapter that requires detectors to measure the sample concentration 
at least once every 15 seconds for calculating an average emission rate 
once every 60 seconds shall be complied with instead of section 
63.8(c)(4)(ii); and
    (3) Sections 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C) pertaining to 
COMS apply only to owners and operators of hazardous waste burning 
cement kilns.
    (g) Alternative monitoring requirements other than continuous 
emissions monitoring systems (CEMS)--(1) Requests to use alternatives to 
operating parameter monitoring requirements. (i) You may submit an 
application to the Administrator under this paragraph for approval of 
alternative operating parameter monitoring requirements to document 
compliance with the emission standards of this subpart. For requests to 
use additional CEMS, however, you must use paragraph (a)(5) of this 
section and Sec. 63.8(f). Alternative requests to operating parameter 
monitoring requirements that include unproven monitoring methods may not 
be made under this paragraph and must be made under Sec. 63.8(f).
    (ii) You may submit an application to waive an operating parameter 
limit specified in this section based on documentation that neither that 
operating parameter limit nor an alternative operating parameter limit 
is needed to ensure compliance with the emission standards of this 
subpart.
    (iii) You must comply with the following procedures for applications 
submitted under paragraphs (g)(1)(i) and (ii) of this section:
    (A) Timing of the application. You must submit the application to 
the Administrator not later than with the comprehensive performance test 
plan.
    (B) Content of the application. You must include in the application:
    (1) Data or information justifying your request for an alternative 
monitoring requirement (or for a waiver of an operating parameter 
limit), such as the technical or economic infeasibility or the 
impracticality of using the required approach;
    (2) A description of the proposed alternative monitoring 
requirement, including the operating parameter to be monitored, the 
monitoring approach/technique (e.g., type of detector, monitoring 
location), the averaging period for the limit, and how the limit is to 
be calculated; and
    (3) Data or information documenting that the alternative monitoring 
requirement would provide equivalent or better assurance of compliance 
with the relevant emission standard, or that it is the monitoring 
requirement that best assures compliance with the standard and that is 
technically and economically practicable.
    (C) Approval of request to use an alternative monitoring requirement 
or waive an operating parameter limit. The Administrator will notify you 
of approval or intention to deny approval of the request within 90 
calendar days after receipt of the original request and within 60 
calendar days after receipt of any supplementary information that you 
submit. The Administrator will not approve an alternative monitoring 
request unless the alternative monitoring requirement provides 
equivalent or better assurance of compliance with the relevant emission 
standard, or is the monitoring requirement that best assures compliance 
with the standard and that is technically and economically practicable. 
Before disapproving any request, the Administrator will notify you of 
the Administrator's intention to disapprove the request together with:
    (1) Notice of the information and findings on which the intended 
disapproval is based; and
    (2) Notice of opportunity for you to present additional information 
to the Administrator before final action on the request. At the time the 
Administrator notifies you of intention to disapprove the request, the 
Administrator will specify how much time you will

[[Page 56]]

have after being notified of the intended disapproval to submit the 
additional information.
    (D) Responsibility of owners and operators. You are responsible for 
ensuring that you submit any supplementary and additional information 
supporting your application in a timely manner to enable the 
Administrator to consider your application during review of the 
comprehensive performance test plan. Neither your submittal of an 
application, nor the Administrator's failure to approve or disapprove 
the application, relieves you of the responsibility to comply with the 
provisions of this subpart.
    (iv) Dual Standards that incorporate the Interim Standards for HAP 
metals. (A) Semivolatile and Low Volatile Metals. You may petition the 
Administrator to waive a feedrate operating parameter limit under 
paragraph (n)(2) of this section for either the emission standards 
expressed in a thermal emissions format or the interim standards based 
on documentation that the feedrate operating parameter limit is not 
needed to ensure compliance with the relevant standard on a continuous 
basis.
    (B) Mercury. You may petition the Administrator to waive a feedrate 
operating parameter limit under paragraph (l)(1) of this section for 
either the feed concentration standard under Sec. Sec. 63.1220(a)(2)(i) 
and (b)(2)(i) or the interim standards based on documentation that the 
feedrate operating parameter limit is not needed to ensure compliance 
with the relevant standard on a continuous basis.
    (2) Administrator's discretion to specify additional or alternative 
requirements. The Administrator may determine on a case-by-case basis at 
any time (e.g., during review of the comprehensive performance test 
plan, during compliance certification review) that you may need to limit 
additional or alternative operating parameters (e.g., opacity in 
addition to or in lieu of operating parameter limits on the particulate 
matter control device) or that alternative approaches to establish 
limits on operating parameters may be necessary to document compliance 
with the emission standards of this subpart.
    (h) Reduction of monitoring data. The provisions of Sec. 63.8(g) 
apply.
    (i) When an operating parameter is applicable to multiple standards. 
Paragraphs (j) through (p) of this section require you to establish 
limits on operating parameters based on comprehensive performance 
testing to ensure you maintain compliance with the emission standards of 
this subpart. For several parameters, you must establish a limit for the 
parameter to ensure compliance with more than one emission standard. An 
example is a limit on minimum combustion chamber temperature to ensure 
compliance with both the DRE standard of paragraph (j) of this section 
and the dioxin/furan standard of paragraph (k) of this section. If the 
performance tests for such standards are not performed simultaneously, 
the most stringent limit for a parameter derived from independent 
performance tests applies.
    (j) DRE. To remain in compliance with the destruction and removal 
efficiency (DRE) standard, you must establish operating limits during 
the comprehensive performance test (or during a previous DRE test under 
provisions of Sec. 63.1206(b)(7)) for the following parameters, unless 
the limits are based on manufacturer specifications, and comply with 
those limits at all times that hazardous waste remains in the combustion 
chamber (i.e., the hazardous waste residence time has not transpired 
since the hazardous waste feed cutoff system was activated):
    (1) Minimum combustion chamber temperature. (i) You must measure the 
temperature of each combustion chamber at a location that best 
represents, as practicable, the bulk gas temperature in the combustion 
zone. You must document the temperature measurement location in the test 
plan you submit under Sec. 63.1207(e);
    (ii) You must establish a minimum hourly rolling average limit as 
the average of the test run averages;
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish and comply with a limit on the maximum flue gas flowrate, the 
maximum production rate, or another parameter that you document in the 
site-specific test plan

[[Page 57]]

as an appropriate surrogate for gas residence time, as the average of 
the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Maximum hazardous waste feedrate. (i) You must establish limits 
on the maximum pumpable and total (i.e., pumpable and nonpumpable) 
hazardous waste feedrate for each location where hazardous waste is fed.
    (ii) You must establish the limits as the average of the maximum 
hourly rolling averages for each run.
    (iii) You must comply with the feedrate limit(s) on a hourly rolling 
average basis;
    (4) Operation of waste firing system. You must specify operating 
parameters and limits to ensure that good operation of each hazardous 
waste firing system is maintained.
    (k) Dioxins and furans. You must comply with the dioxin and furans 
emission standard by establishing and complying with the following 
operating parameter limits. You must base the limits on operations 
during the comprehensive performance test, unless the limits are based 
on manufacturer specifications.
    (1) Gas temperature at the inlet to a dry particulate matter control 
device. (i) For sources other than a lightweight aggregate kiln, if the 
combustor is equipped with an electrostatic precipitator, baghouse 
(fabric filter), or other dry emissions control device where particulate 
matter is suspended in contact with combustion gas, you must establish a 
limit on the maximum temperature of the gas at the inlet to the device 
on an hourly rolling average. You must establish the hourly rolling 
average limit as the average of the test run averages.
    (ii) For hazardous waste burning lightweight aggregate kilns, you 
must establish a limit on the maximum temperature of the gas at the exit 
of the (last) combustion chamber (or exit of any waste heat recovery 
system) on an hourly rolling average. The limit must be established as 
the average of the test run averages;
    (2) Minimum combustion chamber temperature. (i) For sources other 
than cement kilns, you must measure the temperature of each combustion 
chamber at a location that best represents, as practicable, the bulk gas 
temperature in the combustion zone. You must document the temperature 
measurement location in the test plan you submit under Sec. Sec. 
63.1207(e) and (f);
    (ii) You must establish a minimum hourly rolling average limit as 
the average of the test run averages.
    (3) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish and comply with a limit on the maximum flue gas flowrate, the 
maximum production rate, or another parameter that you document in the 
site-specific test plan as an appropriate surrogate for gas residence 
time, as the average of the maximum hourly rolling averages for each 
run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (4) Maximum hazardous waste feedrate. (i) You must establish limits 
on the maximum pumpable and total (pumpable and nonpumpable) hazardous 
waste feedrate for each location where waste is fed.
    (ii) You must establish the limits as the average of the maximum 
hourly rolling averages for each run.
    (iii) You must comply with the feedrate limit(s) on a hourly rolling 
average basis;
    (5) Particulate matter operating limit. If your combustor is 
equipped with an activated carbon injection system, you must establish 
operating parameter limits on the particulate matter control device as 
specified by paragraph (m)(1) of this section;
    (6) Activated carbon injection parameter limits. If your combustor 
is equipped with an activated carbon injection system:
    (i) Carbon feedrate. You must establish a limit on minimum carbon 
injection rate on an hourly rolling average calculated as the average of 
the test run averages. If your carbon injection system injects carbon at 
more than one location, you must establish a carbon feedrate limit for 
each location.
    (ii) Carrier fluid. You must establish a limit on minimum carrier 
fluid (gas or liquid) flowrate or pressure drop as an hourly rolling 
average based on the

[[Page 58]]

manufacturer's specifications. You must document the specifications in 
the test plan you submit under Sec. Sec. 63.1207(e) and (f);
    (iii) Carbon specification. (A) You must specify and use the brand 
(i.e., manufacturer) and type of carbon used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that 
affect adsorption and establish limits on those parameters based on the 
carbon used in the performance test.
    (B) You may substitute at any time a different brand or type of 
carbon provided that the replacement has equivalent or improved 
properties compared to the carbon used in the performance test and 
conforms to the key sorbent parameters you identify under paragraph 
(k)(6)(iii)(A) of this section. You must include in the operating record 
documentation that the substitute carbon will provide the same level of 
control as the original carbon.
    (7) Carbon bed parameter limits. If your combustor is equipped with 
a carbon bed system:
    (i) Monitoring bed life. You must:
    (A) Monitor performance of the carbon bed consistent with 
manufacturer's specifications and recommendations to ensure the carbon 
bed (or bed segment for sources with multiple segments) has not reached 
the end of its useful life to minimize dioxin/furan and mercury 
emissions at least to the levels required by the emission standards;
    (B) Document the monitoring procedures in the operation and 
maintenance plan;
    (C) Record results of the performance monitoring in the operating 
record; and
    (D) Replace the bed or bed segment before it has reached the end of 
its useful life to minimize dioxin/furan and mercury emissions at least 
to the levels required by the emission standards.
    (ii) Carbon specification. (A) You must specify and use the brand 
(i.e., manufacturer) and type of carbon used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that 
affect adsorption and establish limits on those parameters based on the 
carbon used in the performance test.
    (B) You may substitute at any time a different brand or type of 
carbon provided that the replacement has equivalent or improved 
properties compared to the carbon used in the performance test. You must 
include in the operating record documentation that the substitute carbon 
will provide an equivalent or improved level of control as the original 
carbon.
    (iii) Maximum temperature. You must measure the temperature of the 
carbon bed at either the bed inlet or exit and you must establish a 
maximum temperature limit on an hourly rolling average as the average of 
the test run averages.
    (8) Catalytic oxidizer parameter limits. If your combustor is 
equipped with a catalytic oxidizer, you must establish limits on the 
following parameters:
    (i) Minimum flue gas temperature at the entrance of the catalyst. 
You must establish a limit on minimum flue gas temperature at the 
entrance of the catalyst on an hourly rolling average as the average of 
the test run averages.
    (ii) Maximum time in-use. You must replace a catalytic oxidizer with 
a new catalytic oxidizer when it has reached the maximum service time 
specified by the manufacturer.
    (iii) Catalyst replacement specifications. When you replace a 
catalyst with a new one, the new catalyst must be equivalent to or 
better than the one used during the previous comprehensive test, as 
measured by:
    (A) Catalytic metal loading for each metal;
    (B) Space time, expressed in the units s-1, the maximum 
rated volumetric flow of combustion gas through the catalyst divided by 
the volume of the catalyst; and
    (C) Substrate construction, including materials of construction, 
washcoat type, and pore density.
    (iv) Maximum flue gas temperature. You must establish a maximum flue 
gas temperature limit at the entrance of the catalyst as an hourly 
rolling average, based on manufacturer's specifications.

[[Page 59]]

    (9) Inhibitor feedrate parameter limits. If you feed a dioxin/furan 
inhibitor into the combustion system, you must establish limits for the 
following parameters:
    (i) Minimum inhibitor feedrate. You must establish a limit on 
minimum inhibitor feedrate on an hourly rolling average as the average 
of the test run averages.
    (ii) Inhibitor specifications. (A) You must specify and use the 
brand (i.e., manufacturer) and type of inhibitor used during the 
comprehensive performance test until a subsequent comprehensive 
performance test is conducted, unless you document in the site-specific 
performance test plan required under Sec. Sec. 63.1207(e) and (f) key 
parameters that affect the effectiveness of the inhibitor and establish 
limits on those parameters based on the inhibitor used in the 
performance test.
    (B) You may substitute at any time a different brand or type of 
inhibitor provided that the replacement has equivalent or improved 
properties compared to the inhibitor used in the performance test and 
conforms to the key parameters you identify under paragraph 
(k)(9)(ii)(A) of this section. You must include in the operating record 
documentation that the substitute inhibitor will provide the same level 
of control as the original inhibitor.
    (l) Mercury. You must comply with the mercury emission standard by 
establishing and complying with the following operating parameter 
limits. You must base the limits on operations during the comprehensive 
performance test, unless the limits are based on manufacturer 
specifications.
    (1) Feedrate of mercury. (i) For incinerators and solid fuel 
boilers, when complying with the mercury emission standards under 
Sec. Sec. 63.1203, 63.1216 and 63.1219, you must establish a 12-hour 
rolling average limit for the total feedrate of mercury in all 
feedstreams as the average of the test run averages.
    (ii) For liquid fuel boilers, when complying with the mercury 
emission standards of Sec. 63.1217, you must establish a rolling 
average limit for the mercury feedrate as follows on an averaging period 
not to exceed an annual rolling average:
    (A) You must calculate a mercury system removal efficiency for each 
test run and calculate the average system removal efficiency of the test 
run averages. If emissions exceed the mercury emission standard during 
the comprehensive performance test, it is not a violation because the 
averaging period for the mercury emission standard is (not-to-exceed) 
one year and compliance is based on compliance with the mercury feedrate 
limit with an averaging period not-to-exceed one year.
    (B) If you burn hazardous waste with a heating value of 10,000 Btu/
lb or greater, you must calculate the mercury feedrate limit as follows:
    (1) The mercury feedrate limit is the emission standard divided by 
[1 - system removal efficiency].
    (2) The mercury feedrate limit is a hazardous waste thermal 
concentration limit expressed as pounds of mercury in hazardous waste 
feedstreams per million Btu of hazardous waste fired.
    (3) You must comply with the hazardous waste mercury thermal 
concentration limit by determining the feedrate of mercury in all 
hazardous waste feedstreams (lb/hr) at least once a minute and the 
hazardous waste thermal feedrate (MM Btu/hr) at least once a minute to 
calculate a 60-minute average thermal emission concentration as 
[hazardous waste mercury feedrate (lb/hr) / hazardous waste thermal 
feedrate (MM Btu/hr)].
    (4) You must calculate a rolling average hazardous waste mercury 
thermal concentration that is updated each hour.
    (5) If you select an averaging period for the feedrate limit that is 
greater than a 12-hour rolling average, you must calculate the initial 
rolling average as though you had selected a 12-hour rolling average, as 
provided by paragraph (b)(5)(i) of this section. You must calculate 
rolling averages thereafter as the average of the available one-minute 
values until enough one-minute values are available to calculate the 
rolling average period you select. At that time and thereafter, you 
update the rolling average feedrate each hour with a 60-minute average 
feedrate.
    (C) If you burn hazardous waste with a heating value of less than 
10,000 Btu/

[[Page 60]]

lb, you must calculate the mercury feedrate limit as follows:
    (1) You must calculate the mercury feedrate limit as the mercury 
emission standard divided by [1 - System Removal Efficiency].
    (2) The feedrate limit is expressed as a mass concentration per unit 
volume of stack gas ([mu]g/dscm) and is converted to a mass feedrate 
(lb/hr) by multiplying it by the average stack gas flowrate of the test 
run averages.
    (3) You must comply with the feedrate limit by determining the 
mercury feedrate (lb/hr) at least once a minute to calculate a 60-minute 
average feedrate.
    (4) You must update the rolling average feedrate each hour with this 
60-minute feedrate measurement.
    (5) If you select an averaging period for the feedrate limit that is 
greater than a 12-hour rolling average, you must calculate the initial 
rolling average as though you had selected a 12-hour rolling average, as 
provided by paragraph (b)(5)(i) of this section. You must calculate 
rolling averages thereafter as the average of the available one-minute 
values until enough one-minute values are available to calculate the 
rolling average period you select. At that time and thereafter, you 
update the rolling average feedrate each hour with a 60-minute average 
feedrate.
    (D) If your boiler is equipped with a wet scrubber, you must comply 
with the following unless you document in the performance test plan that 
you do not feed chlorine at rates that may substantially affect the 
system removal efficiency of mercury for purposes of establishing a 
mercury feedrate limit based on the system removal efficiency during the 
test:
    (1) Scrubber blowdown must be minimized during a pretest 
conditioning period and during the performance test:
    (2) Scrubber water must be preconditioned so that mercury in the 
water is at equilibrium with stack gas at the mercury feedrate level of 
the performance test; and
    (3) You must establish an operating limit on minimum pH of scrubber 
water as the average of the test run averages and comply with the limit 
on an hourly rolling average.
    (iii) For cement kilns:
    (A) When complying with the emission standards under Sec. Sec. 
63.1220(a)(2)(i) and (b)(2)(i), you must:
    (1) Comply with the mercury hazardous waste feed concentration 
operating requirement on a twelve-hour rolling average;
    (2) Monitor and record in the operating record the as-fired mercury 
concentration in the hazardous waste (or the weighted-average mercury 
concentration for multiple hazardous waste feedstreams);
    (3) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when the as-fired 
mercury concentration operating requirement is exceeded;
    (B) When complying with the emission standards under Sec. Sec. 
63.1204, 63.1220(a)(2)(ii) and (b)(2)(ii), you must establish a 12-hour 
rolling average limit for the total feedrate of mercury in all 
feedstreams as the average of the test run averages;
    (C) Except as provided by paragraph (l)(1)(iii)(D) of this section, 
when complying with the hazardous waste feedrate corresponding to a 
maximum theoretical emission concentration (MTEC) under Sec. Sec. 
63.1220(a)(2)(iii) and (b)(2)(iii), you must:
    (1) Comply with the MTEC operating requirement on a twelve-hour 
rolling average;
    (2) Monitor and record the feedrate of mercury for each hazardous 
waste feedstream according to Sec. 63.1209(c);
    (3) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (4) Continuously calculate and record in the operating record a MTEC 
assuming mercury from all hazardous waste feedstreams is emitted;
    (5) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when the MTEC operating 
requirement is exceeded;
    (D) In lieu of complying with paragraph (l)(1)(iii)(C) of this 
section, you may:
    (1) Identify in the Notification of Compliance a minimum gas 
flowrate

[[Page 61]]

limit and a maximum feedrate limit of mercury from all hazardous waste 
feedstreams that ensures the MTEC calculated in paragraph 
(l)(1)(iii)(B)(4) of this section is below the operating requirement 
under paragraphs Sec. Sec. 63.1220(a)(2)(iii) and (b)(2)(iii); and
    (2) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when either the gas 
flowrate or mercury feedrate exceeds the limits identified in paragraph 
(l)(1)(iv)(D)(1) of this section.
    (iv) For lightweight aggregate kilns:
    (A) When complying with the emission standards under Sec. Sec. 
63.1205, 63.1221(a)(2)(i) and (b)(2)(i), you must establish a 12-hour 
rolling average limit for the total feedrate of mercury in all 
feedstreams as the average of the test run averages;
    (B) Except as provided by paragraph (l)(1)(iv)(C) of this section, 
when complying with the hazardous waste feedrate corresponding to a 
maximum theoretical emission concentration (MTEC) under Sec. Sec. 
63.1221(a)(2)(ii) and (b)(2)(ii), you must:
    (1) Comply with the MTEC operating requirement on a twelve-hour 
rolling average;
    (2) Monitor and record the feedrate of mercury for each hazardous 
waste feedstream according to Sec. 63.1209(c);
    (3) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (4) Continuously calculate and record in the operating record a MTEC 
assuming mercury from all hazardous waste feedstreams is emitted;
    (5) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when the MTEC operating 
requirement is exceeded;
    (C) In lieu of complying with paragraph (l)(1)(iv)(B) of this 
section, you may:
    (1) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury from all 
hazardous waste feedstreams that ensures the MTEC calculated in 
paragraph (l)(1)(iv)(B)(4) of this section is below the operating 
requirement under paragraphs Sec. Sec. 63.1221(a)(2)(ii) and 
(b)(2)(ii); and
    (2) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when either the gas 
flowrate or mercury feedrate exceeds the limits identified in paragraph 
(l)(1)(iv)(C)(1) of this section.
    (v) Extrapolation of feedrate levels. In lieu of establishing 
mercury feedrate limits as specified in paragraphs (l)(1)(i) through 
(iv) of this section, you may request as part of the performance test 
plan under Sec. Sec. 63.7(b) and (c) and Sec. Sec. 63.1207 (e) and (f) 
to use the mercury feedrates and associated emission rates during the 
comprehensive performance test to extrapolate to higher allowable 
feedrate limits and emission rates. The extrapolation methodology will 
be reviewed and approved, as warranted, by the Administrator. The review 
will consider in particular whether:
    (A) Performance test metal feedrates are appropriate (i.e., whether 
feedrates are at least at normal levels; depending on the heterogeneity 
of the waste, whether some level of spiking would be appropriate; and 
whether the physical form and species of spiked material is 
appropriate); and
    (B) Whether the extrapolated feedrates you request are warranted 
considering historical metal feedrate data.
    (2) Wet scrubber. If your combustor is equipped with a wet scrubber, 
you must establish operating parameter limits prescribed by paragraph 
(o)(3) of this section, except for paragraph (o)(3)(iv).
    (3) Activated carbon injection. If your combustor is equipped with 
an activated carbon injection system, you must establish operating 
parameter limits prescribed by paragraphs (k)(5) and (k)(6) of this 
section.
    (4) Activated carbon bed. If your combustor is equipped with an 
activated carbon bed system, you must comply with the requirements of 
(k)(7) of this section to assure compliance with the mercury emission 
standard.

[[Page 62]]

    (m) Particulate matter. You must comply with the particulate matter 
emission standard by establishing and complying with the following 
operating parameter limits. You must base the limits on operations 
during the comprehensive performance test, unless the limits are based 
on manufacturer specifications.
    (1) Control device operating parameter limits (OPLs). (i) Wet 
scrubbers. For sources equipped with wet scrubbers, including ionizing 
wet scrubbers, high energy wet scrubbers such as venturi, hydrosonic, 
collision, or free jet wet scrubbers, and low energy wet scrubbers such 
as spray towers, packed beds, or tray towers, you must establish limits 
on the following parameters:
    (A) For high energy scrubbers only, minimum pressure drop across the 
wet scrubber on an hourly rolling average, established as the average of 
the test run averages;
    (B) For all wet scrubbers:
    (1) To ensure that the solids content of the scrubber liquid does 
not exceed levels during the performance test, you must either:
    (i) Establish a limit on solids content of the scrubber liquid using 
a CMS or by manual sampling and analysis. If you elect to monitor solids 
content manually, you must sample and analyze the scrubber liquid hourly 
unless you support an alternative monitoring frequency in the 
performance test plan that you submit for review and approval; or
    (ii) Establish a minimum blowdown rate using a CMS and either a 
minimum scrubber tank volume or liquid level using a CMS.
    (2) For maximum solids content monitored with a CMS, you must 
establish a limit on a twelve-hour rolling average as the average of the 
test run averages.
    (3) For maximum solids content measured manually, you must establish 
an hourly limit, as measured at least once per hour, unless you support 
an alternative monitoring frequency in the performance test plan that 
you submit for review and approval. You must establish the maximum 
hourly limit as the average of the manual measurement averages for each 
run.
    (4) For minimum blowdown rate and either a minimum scrubber tank 
volume or liquid level using a CMS, you must establish a limit on an 
hourly rolling average as the average of the test run averages.
    (C) For high energy wet scrubbers only, you must establish limits on 
either the minimum liquid to gas ratio or the minimum scrubber water 
flowrate and maximum flue gas flowrate on an hourly rolling average. If 
you establish limits on maximum flue gas flowrate under this paragraph, 
you need not establish a limit on maximum flue gas flowrate under 
paragraph (m)(2) of this section. You must establish these hourly 
rolling average limits as the average of the test run averages; and
    (ii)-(iii) [Reserved]
    (iv) Other particulate matter control devices. For each particulate 
matter control device that is not a fabric filter or high energy wet 
scrubber, or is not an electrostatic precipitator or ionizing wet 
scrubber for which you elect to monitor particulate matter loadings 
under Sec. 63.1206(c)(9) of this chapter for process control, you must 
ensure that the control device is properly operated and maintained as 
required by Sec. 63.1206(c)(7) and by monitoring the operation of the 
control device as follows:
    (A) During each comprehensive performance test conducted to 
demonstrate compliance with the particulate matter emissions standard, 
you must establish a range of operating values for the control device 
that is a representative and reliable indicator that the control device 
is operating within the same range of conditions as during the 
performance test. You must establish this range of operating values as 
follows:
    (1) You must select a set of operating parameters appropriate for 
the control device design that you determine to be a representative and 
reliable indicator of the control device performance.
    (2) You must measure and record values for each of the selected 
operating parameters during each test run of the performance test. A 
value for each selected parameter must be recorded using a continuous 
monitor.
    (3) For each selected operating parameter measured in accordance 
with

[[Page 63]]

the requirements of paragraph (m)(1)(iv)(A)(1) of this section, you must 
establish a minimum operating parameter limit or a maximum operating 
parameter limit, as appropriate for the parameter, to define the 
operating limits within which the control device can operate and still 
continuously achieve the same operating conditions as during the 
performance test.
    (4) You must prepare written documentation to support the operating 
parameter limits established for the control device and you must include 
this documentation in the performance test plan that you submit for 
review and approval. This documentation must include a description for 
each selected parameter and the operating range and monitoring frequency 
required to ensure the control device is being properly operated and 
maintained.
    (B) You must install, calibrate, operate, and maintain a monitoring 
device equipped with a recorder to measure the values for each operating 
parameter selected in accordance with the requirements of paragraph 
(m)(1)(iv)(A)(1) of this section. You must install, calibrate, and 
maintain the monitoring equipment in accordance with the equipment 
manufacturer's specifications. The recorder must record the detector 
responses at least every 60 seconds, as required in the definition of 
continuous monitor.
    (C) You must regularly inspect the data recorded by the operating 
parameter monitoring system at a sufficient frequency to ensure the 
control device is operating properly. An excursion is determined to have 
occurred any time that the actual value of a selected operating 
parameter is less than the minimum operating limit (or, if applicable, 
greater than the maximum operating limit) established for the parameter 
in accordance with the requirements of paragraph (m)(1)(iv)(A)(3) of 
this section.
    (D) Operating parameters selected in accordance with paragraph 
(m)(1)(iv) of this section may be based on manufacturer specifications 
provided you support the use of manufacturer specifications in the 
performance test plan that you submit for review and approval.
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time, 
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Maximum ash feedrate. Owners and operators of hazardous waste 
incinerators, solid fuel boilers, and liquid fuel boilers must establish 
a maximum ash feedrate limit as a 12-hour rolling average based on the 
average of the test run averages. This requirement is waived, however, 
if you comply with the particulate matter detection system requirements 
under Sec. 63.1206(c)(9).
    (n) Semivolatile metals and low volatility metals. You must comply 
with the semivolatile metal (cadmium and lead) and low volatile metal 
(arsenic, beryllium, and chromium) emission standards by establishing 
and complying with the following operating parameter limits. You must 
base the limits on operations during the comprehensive performance test, 
unless the limits are based on manufacturer specifications.
    (1) Maximum inlet temperature to dry particulate matter air 
pollution control device. You must establish a limit on the maximum 
inlet temperature to the primary dry metals emissions control device 
(e.g., electrostatic precipitator, baghouse) on an hourly rolling 
average basis as the average of the test run averages.
    (2) Maximum feedrate of semivolatile and low volatile metals. (i) 
General. You must establish feedrate limits for semivolatile metals 
(cadmium and lead) and low volatile metals (arsenic, beryllium, and 
chromium) as follows, except as provided by paragraph (n)(2)(vii) of 
this section.
    (ii) For incinerators, cement kilns, and lightweight aggregate 
kilns, when complying with the emission standards under Sec. Sec. 
63.1203, 63.1204, 63.1205, and 63.1219, and for solid fuel boilers when 
complying with the emission standards under Sec. 63.1216, you must 
establish 12-hour rolling average limits for the total feedrate of 
semivolatile and low

[[Page 64]]

volatile metals in all feedstreams as the average of the test run 
averages.
    (iii) Cement kilns under Sec. 63.1220--(A) When complying with the 
emission standards under Sec. Sec. 63.1220(a)(3)(i), (a)(4)(i), 
(b)(3)(i), and (b)(4)(i), you must establish 12-hour rolling average 
feedrate limits for semivolatile and low volatile metals as the thermal 
concentration of semivolatile metals or low volatile metals in all 
hazardous waste feedstreams. You must calculate hazardous waste thermal 
concentrations for semivolatile metals and low volatile metals for each 
run as the total mass feedrate of semivolatile metals or low volatile 
metals for all hazardous waste feedstreams divided by the total heat 
input rate for all hazardous waste feedstreams. The 12-hour rolling 
average feedrate limits for semivolatile metals and low volatile metals 
are the average of the hazardous waste thermal concentrations for the 
runs.
    (B) When complying with the emission standards under Sec. Sec. 
63.1220(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must 
establish 12-hour rolling average limits for the total feedrate of 
semivolatile and low volatile metals in all feedstreams as the average 
of the test run averages.
    (iv) Lightweight aggregate kilns under Sec. 63.1221--(A) When 
complying with the emission standards under Sec. Sec. 63.1221(a)(3)(i), 
(a)(4)(i), (b)(3)(i), and (b)(4)(i), you must establish 12-hour rolling 
average feedrate limits for semivolatile and low volatile metals as the 
thermal concentration of semivolatile metals or low volatile metals in 
all hazardous waste feedstreams as specified in paragraphs 
(n)(2)(iii)(A) of this section.
    (B) When complying with the emission standards under Sec. Sec. 
63.1221(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must 
establish 12-hour rolling average limits for the total feedrate of 
semivolatile and low volatile metals in all feedstreams as the average 
of the test run averages.
    (v) Liquid fuel boilers under Sec. 63.1217. (A) Semivolatile 
metals. You must establish a rolling average limit for the semivolatile 
metal feedrate as follows on an averaging period not to exceed an annual 
rolling average.
    (1) System removal efficiency. You must calculate a semivolatile 
metal system removal efficiency for each test run and calculate the 
average system removal efficiency of the test run averages. If emissions 
exceed the semivolatile metal emission standard during the comprehensive 
performance test, it is not a violation because the averaging period for 
the semivolatile metal emission standard is one year and compliance is 
based on compliance with the semivolatile metal feedrate limit that has 
an averaging period not to exceed an annual rolling average.
    (2) Boilers that feed hazardous waste with a heating value of 10,000 
Btu/lb or greater. You must calculate the semivolatile metal feedrate 
limit as the semivolatile metal emission standard divided by [1 - System 
Removal Efficiency].
    (i) The feedrate limit is a hazardous waste thermal concentration 
limit expressed as pounds of semivolatile metals in all hazardous waste 
feedstreams per million Btu of hazardous waste fed to the boiler.
    (ii) You must comply with the hazardous waste semivolatile metal 
thermal concentration limit by determining the feedrate of semivolatile 
metal in all hazardous waste feedstreams (lb/hr) and the hazardous waste 
thermal feedrate (MM Btu/hr) at least once a minute to calculate a 60-
minute average thermal emission concentration as [hazardous waste 
semivolatile metal feedrate (lb/hr) / hazardous waste thermal feedrate 
(MM Btu/hr)].
    (iii) You must calculate a rolling average hazardous waste 
semivolatile metal thermal concentration that is updated each hour.
    (iv) If you select an averaging period for the feedrate limit that 
is greater than a 12-hour rolling average, you must calculate the 
initial rolling average as though you had selected a 12-hour rolling 
average, as provided by paragraph (b)(5)(i) of this section. You must 
calculate rolling averages thereafter as the average of the available 
one-minute values until enough one-minute values are available to 
calculate the rolling average period you select. At that time and 
thereafter, you update the rolling average feedrate

[[Page 65]]

each hour with a 60-minute average feedrate.
    (3) Boilers that feed hazardous waste with a heating value less than 
10,000 Btu/lb. (i) You must calculate the semivolatile metal feedrate 
limit as the semivolatile metal emission standard divided by [1 - System 
Removal Efficiency].
    (ii) The feedrate limit is expressed as a mass concentration per 
unit volume of stack gas ([mu]g/dscm) and is converted to a mass 
feedrate (lb/hr) by multiplying it by the average stack gas flowrate 
(dscm/hr) of the test run averages.
    (iii) You must comply with the feedrate limit by determining the 
semivolatile metal feedrate (lb/hr) at least once a minute to calculate 
a 60-minute average feedrate.
    (iv) You must update the rolling average feedrate each hour with 
this 60-minute feedrate measurement.
    (v) If you select an averaging period for the feedrate limit that is 
greater than a 12-hour rolling average, you must calculate the initial 
rolling average as though you had selected a 12-hour rolling average, as 
provided by paragraph (b)(5)(i) of this section. You must calculate 
rolling averages thereafter as the average of the available one-minute 
values until enough one-minute values are available to calculate the 
rolling average period you select. At that time and thereafter, you 
update the rolling average feedrate each hour with a 60-minute average 
feedrate.
    (B) Chromium. (1) Boilers that feed hazardous waste with a heating 
value of 10,000 Btu/lb or greater. (i) The feedrate limit is a hazardous 
waste thermal concentration limit expressed as pounds of chromium in all 
hazardous waste feedstreams per million Btu of hazardous waste fed to 
the boiler.
    (ii) You must comply with the hazardous waste chromium thermal 
concentration limit by determining the feedrate of chromium in all 
hazardous waste feedstreams (lb/hr) and the hazardous waste thermal 
feedrate (MM Btu/hr) at least once a minute to calculate a 60-minute 
average thermal emission concentration as [hazardous waste chromium 
feedrate (lb/hr) / hazardous waste thermal feedrate (MM Btu/hr)]. You 
must update the rolling average feedrate each hour with this 60-minute 
average feedrate measurement.
    (2) Boilers that feed hazardous waste with a heating value less than 
10,000 Btu/lb. You must establish a 12-hour rolling average limit for 
the total feedrate (lb/hr) of chromium in all feedstreams as the average 
of the test run averages. You must update the rolling average feedrate 
each hour with a 60-minute average feedrate measurement.
    (vi) LVM limits for pumpable wastes. You must establish separate 
feedrate limits for low volatile metals in pumpable feedstreams using 
the procedures prescribed above for total low volatile metals. Dual 
feedrate limits for both pumpable and total feedstreams are not 
required, however, if you base the total feedrate limit solely on the 
feedrate of pumpable feedstreams.
    (vii) Extrapolation of feedrate levels. In lieu of establishing 
feedrate limits as specified in paragraphs (l)(1)(i) through (iii) of 
this section, you may request as part of the performance test plan under 
Sec. Sec. 63.7(b) and (c) and Sec. Sec. 63.1207(e) and (f) to use the 
semivolatile metal and low volatile metal feedrates and associated 
emission rates during the comprehensive performance test to extrapolate 
to higher allowable feedrate limits and emission rates. The 
extrapolation methodology will be reviewed and approved, as warranted, 
by the Administrator. The review will consider in particular whether:
    (A) Performance test metal feedrates are appropriate (i.e., whether 
feedrates are at least at normal levels; depending on the heterogeneity 
of the waste, whether some level of spiking would be appropriate; and 
whether the physical form and species of spiked material is 
appropriate); and
    (B) Whether the extrapolated feedrates you request are warranted 
considering historical metal feedrate data.
    (3) Control device operating parameter limits (OPLs). You must 
establish operating parameter limits on the particulate matter control 
device as specified by paragraph (m)(1) of this section;
    (4) Maximum total chlorine and chloride feedrate. You must establish 
a 12-hour rolling average limit for the feedrate of

[[Page 66]]

total chlorine and chloride in all feedstreams as the average of the 
test run averages.
    (5) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time, 
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis.
    (o) Hydrogen chloride and chlorine gas. You must comply with the 
hydrogen chloride and chlorine gas emission standard by establishing and 
complying with the following operating parameter limits. You must base 
the limits on operations during the comprehensive performance test, 
unless the limits are based on manufacturer specifications.
    (1) Feedrate of total chlorine and chloride. (i) Incinerators, 
cement kilns, lightweight aggregate kilns, solid fuel boilers, and 
hydrochloric acid production furnaces. You must establish a 12-hour 
rolling average limit for the total feedrate of chlorine (organic and 
inorganic) in all feedstreams as the average of the test run averages.
    (ii) Liquid fuel boilers. (A) Boilers that feed hazardous waste with 
a heating value not less than 10,000 Btu/lb. (1) The feedrate limit is a 
hazardous waste thermal concentration limit expressed as pounds of 
chlorine (organic and inorganic) in all hazardous waste feedstreams per 
million Btu of hazardous waste fed to the boiler.
    (2) You must establish a 12-hour rolling average feedrate limit as 
the average of the test run averages.
    (3) You must comply with the feedrate limit by determining the mass 
feedrate of hazardous waste feedstreams (lb/hr) at least once a minute 
and by knowing the chlorine (organic and inorganic) content and heating 
value (million Btu/lb) of hazardous waste feedstreams at all times to 
calculate a 60-minute average feedrate measurement as [hazardous waste 
chlorine feedrate (lb/hr) / hazardous waste thermal feedrate (million 
Btu/hr)]. You must update the rolling average feedrate each hour with 
this 60-minute average feedrate measurement.
    (B) Boilers that feed hazardous waste with a heating value less than 
10,000 Btu/lb. You must establish a 12-hour rolling average limit for 
the total feedrate of chlorine (organic and inorganic) in all 
feedstreams as the average of the test run averages. You must update the 
rolling average feedrate each hour with a 60-minute average feedrate 
measurement.
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time, 
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Wet scrubber. If your combustor is equipped with a wet scrubber:
    (i) If your source is equipped with a high energy wet scrubber such 
as a venturi, hydrosonic, collision, or free jet wet scrubber, you must 
establish a limit on minimum pressure drop across the wet scrubber on an 
hourly rolling average as the average of the test run averages;
    (ii) If your source is equipped with a low energy wet scrubber such 
as a spray tower, packed bed, or tray tower, you must establish a 
minimum pressure drop across the wet scrubber based on manufacturer's 
specifications. You must comply with the limit on an hourly rolling 
average;
    (iii) If your source is equipped with a low energy wet scrubber, you 
must establish a limit on minimum liquid feed pressure to the wet 
scrubber based on manufacturer's specifications. You must comply with 
the limit on an hourly rolling average;
    (iv) You must establish a limit on minimum pH on an hourly rolling 
average as the average of the test run averages;
    (v) You must establish limits on either the minimum liquid to gas 
ratio or the minimum scrubber water

[[Page 67]]

flowrate and maximum flue gas flowrate on an hourly rolling average as 
the average of the test run averages. If you establish limits on maximum 
flue gas flowrate under this paragraph, you need not establish a limit 
on maximum flue gas flowrate under paragraph (o)(2) of this section; and
    (4) Dry scrubber. If your combustor is equipped with a dry scrubber, 
you must establish the following operating parameter limits:
    (i) Minimum sorbent feedrate. You must establish a limit on minimum 
sorbent feedrate on an hourly rolling average as the average of the test 
run averages.
    (ii) Minimum carrier fluid flowrate or nozzle pressure drop. You 
must establish a limit on minimum carrier fluid (gas or liquid) flowrate 
or nozzle pressure drop based on manufacturer's specifications.
    (iii) Sorbent specifications. (A) You must specify and use the brand 
(i.e., manufacturer) and type of sorbent used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that 
affect adsorption and establish limits on those parameters based on the 
sorbent used in the performance test.
    (B) You may substitute at any time a different brand or type of 
sorbent provided that the replacement has equivalent or improved 
properties compared to the sorbent used in the performance test and 
conforms to the key sorbent parameters you identify under paragraph 
(o)(4)(iii)(A) of this section. You must record in the operating record 
documentation that the substitute sorbent will provide the same level of 
control as the original sorbent.
    (p) Maximum combustion chamber pressure. If you comply with the 
requirements for combustion system leaks under Sec. 63.1206(c)(5) by 
maintaining the maximum combustion chamber zone pressure lower than 
ambient pressure to prevent combustion systems leaks from hazardous 
waste combustion, you must perform instantaneous monitoring of pressure 
and the automatic waste feed cutoff system must be engaged when negative 
pressure is not adequately maintained.
    (q) Operating under different modes of operation. If you operate 
under different modes of operation, you must establish operating 
parameter limits for each mode. You must document in the operating 
record when you change a mode of operation and begin complying with the 
operating limits for an alternative mode of operation.
    (1) Operating under otherwise applicable standards after the 
hazardous waste residence time has transpired. As provided by Sec. 
63.1206(b)(1)(ii), you may operate under otherwise applicable 
requirements promulgated under sections 112 and 129 of the Clean Air Act 
in lieu of the substantive requirements of this subpart.
    (i) The otherwise applicable requirements promulgated under sections 
112 and 129 of the Clean Air Act are applicable requirements under this 
subpart.
    (ii) You must specify (e.g., by reference) the otherwise applicable 
requirements as a mode of operation in your Documentation of Compliance 
under Sec. 63.1211(c), your Notification of Compliance under Sec. 
63.1207(j), and your title V permit application. These requirements 
include the otherwise applicable requirements governing emission 
standards, monitoring and compliance, and notification, reporting, and 
recordkeeping.
    (2) Calculating rolling averages under different modes of operation. 
When you transition to a different mode of operation, you must calculate 
rolling averages as follows:
    (i) Retrieval approach. Calculate rolling averages anew using the 
continuous monitoring system values previously recorded for that mode of 
operation (i.e., you ignore continuous monitoring system values 
subsequently recorded under other modes of operation when you transition 
back to a mode of operation); or
    (ii) Start anew. Calculate rolling averages anew without considering 
previous recordings.
    (A) Rolling averages must be calculated as the average of the 
available one-minute values for the parameter until enough one-minute 
values are available to calculate hourly or 12-hour

[[Page 68]]

rolling averages, whichever is applicable to the parameter.
    (B) You may not transition to a new mode of operation using this 
approach if the most recent operation in that mode resulted in an 
exceedance of an applicable emission standard measured with a CEMS or 
operating parameter limit prior to the hazardous waste residence time 
expiring; or
    (iii) Seamless transition. Continue calculating rolling averages 
using data from the previous operating mode provided that both the 
operating limit and the averaging period for the parameter are the same 
for both modes of operation.
    (r) Averaging periods. The averaging periods specified in this 
section for operating parameters are not-to-exceed averaging periods. 
You may elect to use shorter averaging periods. For example, you may 
elect to use a 1-hour rolling average rather than the 12-hour rolling 
average specified in paragraph (l)(1)(i) of this section for mercury.

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

                Notification, Reporting and Recordkeeping



Sec. 63.1210  What are the notification requirements?

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

[[Page 69]]



----------------------------------------------------------------------------------------------------------------
                           Reference                                               Notification
----------------------------------------------------------------------------------------------------------------
63.9(b)........................................................  Initial notifications that you are subject to
                                                                  Subpart EEE of this Part.
63.9(d)........................................................  Notification that you are subject to special
                                                                  compliance requirements.
63.9(j)........................................................  Notification and documentation of any change in
                                                                  information already provided under Sec.
                                                                  63.9.
63.1206(b)(5)(i)...............................................  Notification of changes in design, operation,
                                                                  or maintenance.
63.1206(c)(7)(ii)(C)...........................................  Notification of excessive bag leak detection
                                                                  system exceedances.
63.1207(e), 63.9(e) 63.9(g)(1) and (3).........................  Notification of performance test and continuous
                                                                  monitoring system evaluation, including the
                                                                  performance test plan and CMS performance
                                                                  evaluation plan.\1\
63.1210(b).....................................................  Notification of intent to comply.
63.1210(d), 63.1207(j), 63.1207(k), 63.1207(l), 63.9(h),         Notification of compliance, including results
 63.10(d)(2), 63.10(e)(2).                                        of performance tests and continuous monitoring
                                                                  system performance evaluations.
----------------------------------------------------------------------------------------------------------------
\1\ You may also be required on a case-by-case basis to submit a feedstream analysis plan under Sec.
  63.1209(c)(3).


[[Page 70]]

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

[[Page 71]]



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


[[Page 72]]

    (b) Notification of intent to comply (NIC). These procedures apply 
to sources that have not previously complied with the requirements of 
paragraph (b) of this section, and to sources that previously complied 
with the NIC requirements of Sec. 63.1210, which were in effect prior 
to October 11, 2000, that must make a technology change requiring a 
Class 1 permit modification to meet the standards of Sec. Sec. 63.1219, 
63.1220, and 63.1221.
    (1) You must prepare a Notification of Intent to Comply that 
includes all of the following information:
    (i) General information:
    (A) The name and address of the owner/operator and the source;
    (B) Whether the source is a major or an area source;
    (C) Waste minimization and emission control technique(s) being 
considered;
    (D) Emission monitoring technique(s) you are considering;
    (E) Waste minimization and emission control technique(s) 
effectiveness;
    (F) A description of the evaluation criteria used or to be used to 
select waste minimization and/or emission control technique(s); and
    (G) A general description of how you intend to comply with the 
emission standards of this subpart.
    (ii) As applicable to each source, information on key activities and 
estimated dates for these activities that will bring the source into 
compliance with emission control requirements of this subpart. You must 
include all of the following key activities and dates in your NIC:
    (A) The dates by which you anticipate you will develop engineering 
designs for emission control systems or process changes for emissions;
    (B) The date by which you anticipate you will commit internal or 
external resources for installing emission control systems or making 
process changes for emission control, or the date by which you will 
issue orders for the purchase of component parts to accomplish emission 
control or process changes.
    (C) The date by which you anticipate you will submit construction 
applications;
    (D) The date by which you anticipate you will initiate on-site 
construction, installation of emission control equipment, or process 
change;
    (E) The date by which you anticipate you will complete on-site 
construction, installation of emission control equipment, or process 
change; and
    (F) The date by which you anticipate you will achieve final 
compliance. The individual dates and milestones listed in paragraphs 
(b)(1)(ii)(A) through (F) of this section as part of the NIC are not 
requirements and therefore are not enforceable deadlines; the 
requirements of paragraphs (b)(1)(ii)(A) through (F) of this section 
must be included as part of the NIC only to inform the public of how you 
intend to comply with the emission standards of this subpart.
    (iii) A summary of the public meeting required under paragraph (c) 
of this section;
    (iv) If you intend to cease burning hazardous waste prior to or on 
the compliance date, the requirements of paragraphs (b)(1)(ii) and 
(b)(1)(iii) of this section do not apply. You must include in your NIC a 
schedule of key dates for the steps to be taken to stop hazardous waste 
activity at your combustion unit. Key dates include the date for 
submittal of RCRA closure documents required under subpart G, part 264 
or subpart G, part 265 of this chapter.
    (2) You must make a draft of the NIC available for public review no 
later than 30 days prior to the public meeting required under paragraph 
(c)(1) of this section or no later than 9 months after the effective 
date of the rule if you intend to cease burning hazardous waste prior to 
or on the compliance date.
    (3) You must submit the final NIC to the Administrator no later than 
one year following the effective date of the emission standards of this 
subpart.
    (c) NIC public meeting and notice. (1) Prior to the submission of 
the NIC to the permitting agency, and no later than 10 months after the 
effective date of the emission standards of this subpart, you must hold 
at least one informal meeting with the public to discuss anticipated 
activities described in the draft NIC for achieving compliance with the 
emission standards of this subpart. You must post a sign-in sheet

[[Page 73]]

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

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



Sec. 63.1211  What are the recordkeeping and reporting requirements?

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

[[Page 74]]



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

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

[[Page 75]]



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


[[Page 76]]

    (c) Documentation of compliance. (1) By the compliance date, you 
must develop and include in the operating record a Documentation of 
Compliance. You are not subject to this requirement, however, if you 
submit a Notification of Compliance under Sec. 63.1207(j) prior to the 
compliance date. Upon inclusion of the Documentation of Compliance in 
the operating record, hazardous waste burning incinerators, cement 
kilns, and lightweight aggregate kilns regulated under the interim 
standards of Sec. Sec. 63.1203, 63.1204, and 63.1205 are no longer 
subject to compliance with the previously applicable Notification of 
Compliance.
    (2) The Documentation of Compliance must identify the applicable 
emission standards under this subpart and the limits on the operating 
parameters under Sec. 63.1209 that will ensure compliance with those 
emission standards.
    (3) You must include a signed and dated certification in the 
Documentation of Compliance that:
    (i) Required CEMs and CMS are installed, calibrated, and 
continuously operating in compliance with the requirements of this 
subpart; and
    (ii) Based on an engineering evaluation prepared under your 
direction or supervision in accordance with a system designed to ensure 
that qualified personnel properly gathered and evaluated the information 
and supporting documentation, and considering at a minimum the design, 
operation, and maintenance characteristics of the combustor and 
emissions control equipment, the types, quantities, and characteristics 
of feedstreams, and available emissions data:
    (A) You are in compliance with the emission standards of this 
subpart; and
    (B) The limits on the operating parameters under Sec. 63.1209 
ensure compliance with the emission standards of this subpart.
    (4) You must comply with the emission standards and operating 
parameter limits specified in the Documentation of Compliance.
    (d) Data compression. You may submit a written request to the 
Administrator for approval to use data compression techniques to record 
data from CMS, including CEMS, on a frequency less than that required by 
Sec. 63.1209. You must submit the request for review and approval as 
part of the comprehensive performance test plan.
    (1) You must record a data value at least once each ten minutes.
    (2) For each CEMS or operating parameter for which you request to 
use data compression techniques, you must recommend:
    (i) A fluctuation limit that defines the maximum permissible 
deviation of a new data value from a previously generated value without 
requiring you to revert to recording each one-minute value.
    (A) If you exceed a fluctuation limit, you must record each one-
minute value for a period of time not less than ten minutes.
    (B) If neither the fluctuation limit nor the data compression limit 
are exceeded during that period of time, you may reinitiate recording 
data values on a frequency of at least once each ten minutes; and
    (ii) A data compression limit defined as the closest level to an 
operating parameter limit or emission standard at which reduced data 
recording is allowed.
    (A) Within this level and the operating parameter limit or emission 
standard, you must record each one-minute average.
    (B) The data compression limit should reflect a level at which you 
are unlikely to exceed the specific operating parameter limit or 
emission standard, considering its averaging period, with the addition 
of a new one-minute average.

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

                                  Other



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

    (a) Certification of intent to comply. The Notice of Intent to 
Comply (NIC) must contain the following certification signed and dated 
by a responsible official as defined under Sec. 63.2 of this chapter: I 
certify under penalty of law that I have personally examined and am 
familiar with the information

[[Page 77]]

submitted in this document and all attachments and that, based on my 
inquiry of those individuals immediately responsible for obtaining the 
information, I believe that the information is true, accurate, and 
complete. I am aware that there are significant penalties for submitting 
false information, including the possibility of fine and imprisonment.
    (b) New units. Any source that files a RCRA permit application or 
permit modification request for construction of a hazardous waste 
combustion unit after October 12, 2005 must:
    (1) Prepare a draft NIC according to Sec. 63.1210(b) and make it 
available to the public upon issuance of the notice of NIC public 
meeting per Sec. 63.1210(c)(3);
    (2) Prepare a draft comprehensive performance test plan pursuant to 
the requirements of Sec. 63.1207 and make it available for public 
review upon issuance of the notice of NIC public meeting;
    (3) Provide notice to the public of a pre-application meeting 
pursuant to Sec. 124.30 or notice to the public of a permit 
modification request pursuant to Sec. 270.42 and;
    (4) Hold an informal public meeting 30 days following notice of NIC 
public meeting and notice of the pre-application meeting or notice of 
the permit modification request.
    (c) Information Repository specific to new combustion units. (1) Any 
source that files a RCRA permit application or modification request for 
construction of a new hazardous waste combustion unit after October 12, 
2005 may be required to establish an information repository if deemed 
appropriate.
    (2) The Administrator may assess the need, on a case-by-case basis 
for an information repository. When assessing the need for a repository, 
the Administrator shall consider the level of public interest, the 
presence of an existing repository, and any information available via 
the New Source Review and Title V permit processes. If the Administrator 
determines a need for a repository, then the Administrator shall notify 
the facility that it must establish and maintain an information 
repository.
    (3) The information repository shall contain all documents, reports, 
data, and information deemed necessary by the Administrator. The 
Administrator shall have the discretion to limit the contents of the 
repository.
    (4) The information repository shall be located and maintained at a 
site chosen by the source. If the Administrator finds the site 
unsuitable for the purposes and persons for which it was established, 
due to problems with location, hours of availability, access, or other 
relevant considerations, then the Administrator shall specify a more 
appropriate site.
    (5) The Administrator shall require the source to provide a written 
notice about the information repository to all individuals on the source 
mailing list.
    (6) The source shall be responsible for maintaining and updating the 
repository with appropriate information throughout a period specified by 
the Administrator. The Administrator may close the repository at his or 
her discretion based on the considerations in paragraph (c)(2) of this 
section.

[70 FR 59555, Oct. 12, 2005]



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

    (a) Applicability. You may request from the Administrator or State 
with an approved Title V program an extension of the compliance date of 
up to one year. An extension may be granted if you can reasonably 
document that the installation of pollution prevention or waste 
minimization measures will significantly reduce the amount and/or 
toxicity of hazardous wastes entering the feedstream(s) of the hazardous 
waste combustor(s), and that you could not install the necessary control 
measures and comply with the emission standards and operating 
requirements of this subpart by the compliance date.
    (b) Requirements for requesting an extension. (1) You must make your 
requests for an (up to) one-year extension in writing in accordance with 
Sec. 63.6(i)(4)(B) and (C). The request must contain the following 
information:
    (i) A description of pollution prevention or waste minimization 
controls that, when installed, will significantly reduce the amount and/
or toxicity of hazardous wastes entering the

[[Page 78]]

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

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



Sec. 63.1214  Implementation and enforcement.

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

[[Page 79]]

    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. Sec. 63.10(f) and 63.1211(a) through (c), as defined under 
Sec. 63.90, and as required in this subpart.

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



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

    (a) General--(1) Overview. You may establish and comply with health-
based compliance alternatives for total chlorine under the procedures 
prescribed in this section for your hazardous waste combustors other 
than hydrochloric acid production furnaces. You may comply with these 
health-based compliance alternatives in lieu of the emission standards 
for total chlorine provided under Sec. Sec. 63.1216, 63.1217, 63.1219, 
63.1220, and 63.1221. To identify and comply with the limits, you must:
    (i) Identify a total chlorine emission concentration (ppmv) 
expressed as chloride (Cl(-)) equivalent for each on-site 
hazardous waste combustor. You may select total chlorine emission 
concentrations as you choose to demonstrate eligibility for the risk-
based limits under this section, except as provided by paragraph (b)(4) 
of this section;
    (ii) Apportion the total chlorine emission concentration between HCl 
and Cl2 according to paragraph (b)(6)(i) of this section, and 
calculate HCl and Cl2 emission rates (lb/hr) using the gas 
flowrate and other parameters from the most recent regulatory compliance 
test.
    (iii) Calculate the annual average HCl-equivalent emission rate as 
prescribed in paragraph (b)(2) of this section.
    (iv) Perform an eligibility demonstration to determine if your HCl-
equivalent emission rate meets the national exposure standard and thus 
is below the annual average HCl-equivalent emission rate limit, as 
prescribed by paragraph (c) of this section;
    (v) Submit your eligibility demonstration for review and approval, 
as prescribed by paragraph (e) of this section, which must include 
information to ensure that the 1-hour average HCl-equivalent emission 
rate limit is not exceeded, as prescribed by paragraph (d) of this 
section;
    (vi) Demonstrate compliance with the annual average HCl-equivalent 
emission rate limit during the comprehensive performance test, as 
prescribed by the testing and monitoring requirements under paragraph 
(e) of this section;
    (vii) Comply with compliance monitoring requirements, including 
establishing feedrate limits on total chlorine and chloride, and 
operating parameter limits on emission control equipment, as prescribed 
by paragraph (f) of this section; and
    (viii) Comply with the requirements for changes, as prescribed by 
paragraph (h) of this section.
    (2) Definitions. In addition to the definitions under Sec. 63.1201, 
the following definitions apply to this section:
    1-Hour Average HCl-Equivalent Emission Rate means the HCl-equivalent 
emission rate (lb/hr) determined by equating the toxicity of chlorine to 
HCl using 1-hour RELs as the health risk metric for acute exposure.
    1-Hour Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of 
chlorine to HCl using 1-hour RELs as the health risk metric for acute 
exposure and which ensures that maximum 1-hour average ambient 
concentrations of HCl-equivalents do not exceed a Hazard Index of 1.0, 
rounded to the nearest tenths decimal place (0.1), at an off-site 
receptor location.
    Acute Reference Exposure Level (aREL) means health thresholds below 
which there would be no adverse health effects for greater than once in 
a lifetime exposures of one hour. ARELs are developed by the California 
Office of Health Hazard Assessment and are available at http://
www.oehha.ca.gov/air/acute--rels/acuterel.html.
    Annual Average HCl-Equivalent Emission Rate means the HCl-equivalent 
emission rate (lb/hr) determined by equating the toxicity of chlorine to 
HCl using RfCs as the health risk metric for long-term exposure.
    Annual Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of 
chlorine to

[[Page 80]]

HCl using RfCs as the health risk metric for long-term exposure and 
which ensures that maximum annual average ambient concentrations of HCl 
equivalents do not exceed a Hazard Index of 1.0, rounded to the nearest 
tenths decimal place (0.1), at an off-site receptor location.
    Hazard Index (HI) means the sum of more than one Hazard Quotient for 
multiple substances and/or multiple exposure pathways. In this section, 
the Hazard Index is the sum of the Hazard Quotients for HCl and 
chlorine.
    Hazard Quotient (HQ) means the ratio of the predicted media 
concentration of a pollutant to the media concentration at which no 
adverse effects are expected. For chronic inhalation exposures, the HQ 
is calculated under this section as the air concentration divided by the 
RfC. For acute inhalation exposures, the HQ is calculated under this 
section as the air concentration divided by the aREL.
    Look-up table analysis means a risk screening analysis based on 
comparing the HCl-equivalent emission rate from the affected source to 
the appropriate HCl-equivalent emission rate limit specified in Tables 1 
through 4 of this section.
    Reference Concentration (RfC) means an estimate (with uncertainty 
spanning perhaps an order of magnitude) of a continuous inhalation 
exposure to the human population (including sensitive subgroups) that is 
likely to be without an appreciable risk of deleterious effects during a 
lifetime. It can be derived from various types of human or animal data, 
with uncertainty factors generally applied to reflect limitations of the 
data used.
    (b) HCl-equivalent emission rates. (1) You must express total 
chlorine emission rates for each hazardous waste combustor as HCl-
equivalent emission rates.
    (2) Annual average rates. You must calculate annual average 
toxicity-weighted HCl-equivalent emission rates for each combustor as 
follows:

ERtw = ERHCl + ERCl2 x 
    (RfCHCl/RfCCl2)

Where:

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

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

ERSTtw = ERHCl + ERCl2 x 
    (aRELHCl/aRELCl2)

Where:

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

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

[[Page 81]]

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

[[Page 82]]

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

[[Page 83]]

[GRAPHIC] [TIFF OMITTED] TR12OC05.003

Where:

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

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

[[Page 84]]

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

[[Page 85]]

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

[[Page 86]]

North Carolina 27711, electronic mail address REAG@epa.gov.
    (B) Your permitting authority should notify you of approval or 
intent to disapprove your eligibility demonstration within 6 months 
after receipt of the original demonstration, and within 3 months after 
receipt of any supplemental information that you submit. A notice of 
intent to disapprove your eligibility demonstration, whether before or 
after the compliance date, will identify incomplete or inaccurate 
information or noncompliance with prescribed procedures and specify how 
much time you will have to submit additional information or to achieve 
the MACT standards for total chlorine under Sec. Sec. 63.1216, 63.1217, 
63.1219, 63.1220, and 63.1221. If your eligibility demonstration is 
disapproved, the permitting authority may extend the compliance date of 
the total chlorine standards to allow you to make changes to the design 
or operation of the combustor or related systems as quickly as 
practicable to enable you to achieve compliance with the MACT total 
chlorine standards.
    (C) If your permitting authority has not approved your eligibility 
demonstration by the compliance date, and has not issued a notice of 
intent to disapprove your demonstration, you may nonetheless begin 
complying, on the compliance date, with the HCl-equivalent emission rate 
limits you present in your eligibility demonstration.
    (D) If your permitting authority issues a notice of intent to 
disapprove your eligibility demonstration after the compliance date, the 
authority will identify the basis for that notice and specify how much 
time you will have to submit additional information or to comply with 
the MACT standards for total chlorine under Sec. Sec. 63.1216, 63.1217, 
63.1219, 63.1220, and 63.1221. The permitting authority may extend the 
compliance date of the total chlorine standards to allow you to make 
changes to the design or operation of the combustor or related systems 
as quickly as practicable to enable you to achieve compliance with the 
MACT standards for total chlorine.
    (ii) New or reconstructed sources. (A) General. The procedures for 
review and approval of eligibility demonstrations applicable to existing 
sources under paragraph (e)(2)(i) of this section also apply to new or 
reconstructed sources, except that the date you must submit the 
eligibility demonstration is as prescribed in this paragraph (e)(2)(ii).
    (B) If you operate a new or reconstructed source that starts up 
before April 12, 2007, or a solid fuel boiler or liquid fuel boiler that 
is an area source that increases its emissions or its potential to emit 
such that it becomes a major source of HAP before April 12, 2007, you 
must either:
    (1) Comply with the final total chlorine emission standards under 
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221, by October 
12, 2005, or upon startup, whichever is later, except for a standard 
that is more stringent than the standard proposed on April 20, 2004 for 
your source. If a final standard is more stringent than the proposed 
standard, you may comply with the proposed standard until October 14, 
2008, after which you must comply with the final standard; or
    (2) Submit an eligibility demonstration for review and approval 
under this section by April 12, 2006, and comply with the HCl-equivalent 
emission rate limits and operating requirements you establish in the 
eligibility demonstration.
    (C) If you operate a new or reconstructed source that starts up on 
or after April 12, 2007, or a solid fuel boiler or liquid fuel boiler 
that is an area source that increases its emissions or its potential to 
emit such that it becomes a major source of HAP on or after April 12, 
2007, you must either:
    (1) Comply with the final total chlorine emission standards under 
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221 upon startup. 
If the final standard is more stringent than the standard proposed for 
your source on April 20, 2004, however, and if you start operations 
before October 14, 2008, you may comply with the proposed standard until 
October 14, 2008, after which you must comply with the final standard; 
or
    (2) Submit an eligibility demonstration for review and approval 
under this section 12 months prior to startup.

[[Page 87]]

    (f) Testing requirements--(1) General. You must comply with the 
requirements for comprehensive performance testing under Sec. 63.1207.
    (2) System removal efficiency. (i) You must calculate the total 
chlorine removal efficiency of the combustor during each run of the 
comprehensive performance test.
    (ii) You must calculate the average system removal efficiency as the 
average of the test run averages.
    (iii) If your source does not control emissions of total chlorine, 
you must assume zero system removal efficiency.
    (3) Annual average HCl-equivalent emission rate limit. If emissions 
during the comprehensive performance test exceed the annual average HCl-
equivalent emission rate limit, eligibility for emission limits under 
this section is not affected. This emission rate limit is an annual 
average limit even though compliance is based on a 12-hour or (up to) an 
annual rolling average feedrate limit on total chlorine and chloride 
because the feedrate limit is also used for compliance assurance for the 
semivolatile metal emission standard
    (4) 1-hour average HCl-equivalent emission rate limit. Total 
chlorine emissions during each run of the comprehensive performance test 
cannot exceed the 1-hour average HCl-equivalent emission rate limit.
    (5) Test methods. (i) If you operate a cement kiln or a combustor 
equipped with a dry acid gas scrubber, you must use EPA Method 320/321 
or ASTM D 6735-01, or an equivalent method, to measure hydrogen 
chloride, and the back-half (caustic impingers) of Method 26/26A, or an 
equivalent method, to measure chlorine gas.
    (ii) Bromine and sulfur considerations. If you operate an 
incinerator, boiler, or lightweight aggregate kiln and your feedstreams 
contain bromine or sulfur during the comprehensive performance test at 
levels specified under paragraph (e)(2)(ii)(B) of this section, you must 
use EPA Method 320/321 or ASTM D 6735-01, or an equivalent method, to 
measure hydrogen chloride, and Method 26/26A, or an equivalent method, 
to measure chlorine and hydrogen chloride, and determine your chlorine 
emissions as follows:
    (A) You must determine you chlorine emissions to be the higher of 
the value measured by Method 26/26A, or an equivalent method, or the 
value calculated by difference between the combined hydrogen chloride 
and chlorine levels measured by Method 26/26a, or an equivalent method, 
and the hydrogen chloride measurement from EPA Method 320/321 or ASTM D 
6735-01, or an equivalent method.
    (B) The procedures under paragraph (f)(2)(ii) of this section for 
determining hydrogen chloride and chlorine emissions apply if you feed 
bromine or sulfur during the performance test at the levels specified in 
this paragraph (f)(5)(ii)(B):
    (1) If the bromine/chlorine ratio in feedstreams is greater than 5 
percent by mass; or
    (2) If the sulfur/chlorine ratio in feedstreams is greater than 50 
percent by mass.
    (g) Monitoring requirements--(1) General. You must establish and 
comply with limits on the same operating parameters that apply to 
sources complying with the MACT standard for total chlorine under Sec. 
63.1209(o), except that feedrate limits on total chlorine and chloride 
must be established according to paragraphs (g)(2) and (g)(3) of this 
section:
    (2) Feedrate limit to ensure compliance with the annual average HCl-
equivalent emission rate limit. (i) For sources subject to the feedrate 
limit for total chlorine and chloride under Sec. 63.1209(n)(4) to 
ensure compliance with the semivolatile metals standard:
    (A) The feedrate limit (and averaging period) for total chlorine and 
chloride to ensure compliance with the annual average HCl-equivalent 
emission rate limit is the same as required by Sec. 63.1209(n)(4), 
except as provided by paragraph (g)(2)(i)(B) of this section.
    (B) The numerical value of the total chlorine and chloride feedrate 
limit (i.e., not considering the averaging period) you establish under 
Sec. 63.1209(n)(4) must not exceed the value you calculate as the 
annual average HCl-equivalent emission rate limit (lb/hr) divided by [1 
- system removal efficiency], where the system removal efficiency is 
calculated as prescribed by paragraph (f)(2) of this section.

[[Page 88]]

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

[[Page 89]]

of this section to demonstrate eligibility for the health-based limits.
    (i) Proactive review. You must review the documentation you use in 
your eligibility demonstration every five years from the date of the 
comprehensive performance test and submit for review and approval with 
the comprehensive performance test plan either a certification that the 
information used in your eligibility demonstration has not changed in a 
manner that would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, or a revised eligibility demonstration.
    (ii) Reactive review. If in the interim between your comprehensive 
performance tests you have reason to know of changes that would decrease 
the annual average or 1-hour average HCl-equivalent emission rate limit, 
you must submit a revised eligibility demonstration as soon as 
practicable but not more frequently than annually.
    (iii) Compliance schedule. If you determine that you cannot 
demonstrate compliance with a lower annual average HCl-equivalent 
emission rate limit during the comprehensive performance test because 
you need additional time to complete changes to the design or operation 
of the source, you may request that the permitting authority grant you 
additional time to make those changes as quickly as practicable.


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[GRAPHIC] [TIFF OMITTED] TR12OC05.007


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[GRAPHIC] [TIFF OMITTED] TR12OC05.008


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[GRAPHIC] [TIFF OMITTED] TR12OC05.009


[70 FR 59565, Oct. 12, 2005]

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



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

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans, either carbon monoxide or hydrocarbon 
emissions in excess of the limits provided by paragraph (a)(5) of this 
section;
    (2) Mercury in excess of 11 [mu]g/dscm corrected to 7 percent 
oxygen;
    (3) For cadmium and lead combined, except for an area source as 
defined under Sec. 63.2, emissions in excess of 180 [mu]g/dscm, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium combined, except for an 
area source as defined under Sec. 63.2, emissions in excess of 380 
[mu]g/dscm, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions

[[Page 94]]

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

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

Where:

Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust 
emissions prior to release to the atmosphere.
    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this 
chapter), you must achieve a DRE of 99.9999% for

[[Page 95]]

each POHC that you designate under paragraph (c)(3) of this section. You 
must demonstrate this DRE performance on POHCs that are more difficult 
to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and 
dibenzofurans. You must use the equation in paragraph (c)(1) of this 
section to calculate DRE for each POHC. In addition, you must notify the 
Administrator of your intent to incinerate hazardous wastes F020, F021, 
F022, F023, F026, or F027.

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

[70 FR 59565, Oct. 12, 2005]



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

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected 
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air 
pollution control system; or
    (ii) Either carbon monoxide or hydrocarbon emissions in excess of 
the limits provided by paragraph (a)(5) of this

[[Page 96]]

section for sources not equipped with a dry air pollution control 
system;
    (iii) A source equipped with a wet air pollution control system 
followed by a dry air pollution control system is not considered to be a 
dry air pollution control system, and a source equipped with a dry air 
pollution control system followed by a wet air pollution control system 
is considered to be a dry air pollution control system for purposes of 
this emission limit;
    (2) For mercury, except as provided for in paragraph (a)(2)(iii) of 
this section:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 19 [mu]g/dscm, corrected 
to 7 percent oxygen, on an (not-to-exceed) annual averaging period;
    (ii) When you burn hazardous waste with an as-fired heating value 
10,000 Btu/lb or greater, emissions in excess of 4.2 x 10-5 
lbs mercury attributable to the hazardous waste per million Btu heat 
input from the hazardous waste on an (not-to-exceed) annual averaging 
period;
    (iii) The boiler operated by Diversified Scientific Services, Inc. 
with EPA identification number TND982109142, and which burns radioactive 
waste mixed with hazardous waste, must comply with the mercury emission 
standard under Sec. 63.1219(a)(2);
    (3) For cadmium and lead combined, except for an area source as 
defined under Sec. 63.2,
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 150 [mu]g/dscm, 
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging 
period;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 8.2 x 10-5 
lbs combined cadmium and lead emissions attributable to the hazardous 
waste per million Btu heat input from the hazardous waste on an (not-to-
exceed) annual averaging period;
    (4) For chromium, except for an area source as defined under Sec. 
63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 370 [mu]g/dscm, 
corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 1.3 x 10-4 
lbs chromium emissions attributable to the hazardous waste per million 
Btu heat input from the hazardous waste;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (a)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec. 
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) For hydrogen chloride and chlorine, except for an area source as 
defined under Sec. 63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by 
volume, combined emissions, expressed as a chloride (Cl(-)) 
equivalent, dry basis and corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 5.08 x 10-2 
lbs combined emissions of hydrogen chloride and chlorine gas 
attributable to the hazardous waste per million Btu heat input from the 
hazardous waste;
    (7) For particulate matter, except for an area source as defined 
under Sec. 63.2 or

[[Page 97]]

as provided by paragraph (e) of this section, emissions in excess of 80 
mg/dscm corrected to 7 percent oxygen.
    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected 
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air 
pollution control system; or
    (ii) Either carbon monoxide or hydrocarbon emissions in excess of 
the limits provided by paragraph (b)(5) of this section for sources not 
equipped with a dry air pollution control system;
    (iii) A source equipped with a wet air pollution control system 
followed by a dry air pollution control system is not considered to be a 
dry air pollution control system, and a source equipped with a dry air 
pollution control system followed by a wet air pollution control system 
is considered to be a dry air pollution control system for purposes of 
this emission limit;
    (2) For mercury:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 6.8 [mu]g/dscm, 
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging 
period;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 1.2 x 10-6 
lbs mercury emissions attributable to the hazardous waste per million 
Btu heat input from the hazardous waste on an (not-to-exceed) annual 
averaging period;
    (3) For cadmium and lead combined, except for an area source as 
defined under Sec. 63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 78 [mu]g/dscm, corrected 
to 7 percent oxygen, on an (not-to-exceed) annual averaging period;
    (ii) When you burn hazardous waste with an as-fired heating value 
greater than or equal to 10,000 Btu/lb, emissions in excess of 6.2 x 
10-6 lbs combined cadmium and lead emissions attributable to 
the hazardous waste per million Btu heat input from the hazardous waste 
on an (not-to-exceed) annual averaging period;
    (4) For chromium, except for an area source as defined under Sec. 
63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 12 [mu]g/dscm, corrected 
to 7 percent oxygen;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 1.4 x 10-5 
lbs chromium emissions attributable to the hazardous waste per million 
Btu heat input from the hazardous waste;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(ii) of this 
section, you must also document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec. 
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane;
    (6) For hydrogen chloride and chlorine, except for an area source as 
defined under Sec. 63.2:
    (i) When you burn hazardous waste with an as-fired heating value 
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by 
volume, combined emissions, expressed as a chloride (Cl(-)) 
equivalent, dry basis and corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with an as-fired heating value of 
10,000 Btu/lb or greater, emissions in excess of 5.08 x 10-2 
lbs combined emissions of

[[Page 98]]

hydrogen chloride and chlorine gas attributable to the hazardous waste 
per million Btu heat input from the hazardous waste;
    (7) For particulate matter, except for an area source as defined 
under Sec. 63.2 or as provided by paragraph (e) of this section, 
emissions in excess of 20 mg/dscm corrected to 7 percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a DRE of 99.99% for each principle organic hazardous constituent 
(POHC) designated under paragraph (c)(3) of this section. You must 
calculate DRE for each POHC from the following equation:

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


Where:

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

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this 
chapter), you must achieve a DRE of 99.9999% for each POHC that you 
designate under paragraph (c)(3) of this section. You must demonstrate 
this DRE performance on POHCs that are more difficult to incinerate than 
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You 
must use the equation in paragraph (c)(1) of this section to calculate 
DRE for each POHC. In addition, you must notify the Administrator of 
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, 
or F027.
    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the POHCs in the waste feed that you specify under paragraph 
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1) 
and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (e) Alternative to the particulate matter standard--(1) General. In 
lieu of complying with the particulate matter standards of this section, 
you may elect to comply with the following alternative metal emission 
control requirement:
    (2) Alternative metal emission control requirements for existing 
liquid fuel boilers. (i) When you burn hazardous waste with a heating 
value less than 10,000 Btu/lb:
    (A) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain cadmium, lead, and selenium, combined, 
in excess of 150 [mu]g/dscm, corrected to 7 percent oxygen; and
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel, combined, in excess of 370 [mu]g/dscm, 
corrected to 7 percent oxygen;
    (ii) When you burn hazardous waste with a heating value of 10,000 
Btu/lb or greater:
    (A) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain in excess of 8.2 x 10-5 lbs 
combined emissions of cadmium, lead, and selenium attributable to the 
hazardous waste per million Btu heat input from the hazardous waste; and
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain either in excess of 1.3 x 
10-4 lbs combined emissions of antimony, arsenic, beryllium, 
chromium, cobalt, manganese, and nickel attributable to the hazardous 
waste per million Btu heat input from the hazardous waste;

[[Page 99]]

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

[70 FR 59567, Oct. 12, 2005]



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

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

[[Page 100]]

rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane;
    (6) For hydrogen chloride and chlorine gas, either:
    (i) Emission in excess of 150 parts per million by volume, combined 
emissions, expressed as a chloride (Cl(-) equivalent, dry 
basis and corrected to 7 percent oxygen; or
    (ii) Emissions greater than the levels that would be emitted if the 
source is achieving a system removal efficiency (SRE) of less than 
99.923 percent for total chlorine and chloride fed to the combustor. You 
must calculate SRE from the following equation:

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

Where:

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

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

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

Where:

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

    (7) For particulate matter, except for an area source as defined 
under Sec. 63.2, hydrogen chloride and chlorine gas

[[Page 101]]

emissions in excess of the levels provided by paragraph (b)(6) of this 
section.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a DRE of 99.99% for each principle organic hazardous constituent 
(POHC) designated under paragraph (c)(3) of this section. You must 
calculate DRE for each POHC from the following equation:

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

Where:

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

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

[70 FR 59569, Oct. 12, 2005]

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



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

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) For incinerators equipped with either a waste heat boiler or dry 
air pollution control system, either:
    (A) Emissions in excess of 0.20 ng TEQ/dscm, corrected to 7 percent 
oxygen; or
    (B) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent 
oxygen, provided that the combustion gas temperature at the inlet to the 
initial particulate matter control device is 400 [deg]F or lower based 
on the average of the test run average temperatures. (For purposes of 
compliance, operation of a wet particulate matter control device is 
presumed to meet the 400 [deg]F or lower requirement);
    (ii) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent 
oxygen, for incinerators not equipped with either a waste heat boiler or 
dry air pollution control system;
    (iii) A source equipped with a wet air pollution control system 
followed by a dry air pollution control system is not

[[Page 102]]

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

[[Page 103]]

    (6) Hydrogen chloride and chlorine gas in excess of 21 parts per 
million by volume, combined emissions, expressed as a chloride 
(Cl(-)) equivalent, dry basis and corrected to 7 percent 
oxygen; and
    (7) Except as provided by paragraph (e) of this section, particulate 
matter in excess of 0.0015 gr/dscf, corrected to 7 percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard. (1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principle organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

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

Where:

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

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this 
chapter), you must achieve a DRE of 99.9999% for each POHC that you 
designate under paragraph (c)(3) of this section. You must demonstrate 
this DRE performance on POHCs that are more difficult to incinerate than 
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You 
must use the equation in paragraph (c)(1) of this section to calculate 
DRE for each POHC. In addition, you must notify the Administrator of 
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, 
or F027.
    (3) Principal organic hazardous constituent (POHC). (i) You must 
treat each POHC in the waste feed that you specify under paragraph 
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1) 
and (c)(2) of this section.
    (ii) You must specify one or more POHCs that are representative of 
the most difficult to destroy organic compounds in your hazardous waste 
feedstream. You must base this specification on the degree of difficulty 
of incineration of the organic constituents in the hazardous waste and 
on their concentration or mass in the hazardous waste feed, considering 
the results of hazardous waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (e) Alternative to the particulate matter standard. (1). General. In 
lieu of complying with the particulate matter standards of this section, 
you may elect to comply with the following alternative metal emission 
control requirement:
    (2) Alternative metal emission control requirements for existing 
incinerators. (i) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain cadmium, lead, and selenium in 
excess of 230 [mu]g/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (ii) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 92 [mu]g/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (3) Alternative metal emission control requirements for new 
incinerators. (i) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain cadmium, lead, and selenium in 
excess of 10 [mu]g/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (ii) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain antimony, arsenic, beryllium, chromium, 
cobalt, manganese, and nickel in excess of 23 [mu]g/dscm, combined 
emissions, corrected to 7 percent oxygen.
    (4) Operating limits. Semivolatile and low volatile metal operating 
parameter limits must be established to ensure compliance with the 
alternative emission limitations described in paragraphs (e)(2) and 
(e)(3) of this section pursuant to Sec. 63.1209(n), except that

[[Page 104]]

semivolatile metal feedrate limits apply to lead, cadmium, and selenium, 
combined, and low volatile metal feedrate limits apply to arsenic, 
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.

[70 FR 59570, Oct. 12, 2005]



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

    (a) Emission and hazardous waste feed limits for existing sources. 
You must not discharge or cause combustion gases to be emitted into the 
atmosphere or feed hazardous waste that contain:
    (1) For dioxins and furans, either:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 [deg]F or lower 
based on the average of the test run average temperatures;
    (2) For mercury, both:
    (i) An average as-fired concentration of mercury in all hazardous 
waste feedstreams in excess of 3.0 parts per million by weight; and
    (ii) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent 
oxygen; or
    (iii) A hazardous waste feedrate corresponding to a maximum 
theoretical emission concentration (MTEC) in excess of 120 [mu]g/dscm;
    (3) For cadmium and lead, both:
    (i) Emissions in excess of 7.6 x 10-4 lbs combined 
emissions of cadmium and lead attributable to the hazardous waste per 
million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 330 [mu]g/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium, both:
    (i) Emissions in excess of 2.1 x 10-5 lbs combined 
emissions of arsenic, beryllium, and chromium attributable to the 
hazardous waste per million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 56 [mu]g/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, either:
    (A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling 
system in excess of 100 parts per million by volume, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis and corrected to 7 percent oxygen. If you 
elect to comply with this carbon monoxide standard rather than the 
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you 
must also document that, during the destruction and removal efficiency 
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7), 
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not 
exceed 10 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (B) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane;
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, either:
    (A) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (B) Carbon monoxide in the main stack in excess of 100 parts per 
million by volume, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis 
and corrected to 7 percent oxygen. If you elect to comply with this 
carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (a)(5)(ii)(A) of this section, you also must document that, 
during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons in the main 
stack do not exceed 20 parts per million by volume

[[Page 105]]

during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane.
    (6) Hydrogen chloride and chlorine gas in excess of 120 parts per 
million by volume, combined emissions, expressed as a chloride 
(Cl(-)) equivalent, dry basis, corrected to 7 percent oxygen; 
and
    (7) For particulate matter, both:
    (i) Emissions in excess of 0.028 gr/dscf corrected to 7 percent 
oxygen; and
    (ii) Opacity greater than 20 percent, unless your source is equipped 
with a bag leak detection system under Sec. 63.1206(c)(8) or a 
particulate matter detection system under Sec. 63.1206(c)(9).
    (b) Emission and hazardous waste feed limits for new sources. You 
must not discharge or cause combustion gases to be emitted into the 
atmosphere or feed hazardous waste that contain:
    (1) For dioxins and furans, either:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 [deg]F or lower 
based on the average of the test run average temperatures;
    (2) For mercury, both:
    (i) An average as-fired concentration of mercury in all hazardous 
waste feedstreams in excess of 1.9 parts per million by weight; and
    (ii) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent 
oxygen; or
    (iii) A hazardous waste feedrate corresponding to a maximum 
theoretical emission concentration (MTEC) in excess of 120 [mu]g/dscm;
    (3) For cadmium and lead, both:
    (i) Emissions in excess of 6.2 x 10-5 lbs combined 
emissions of cadmium and lead attributable to the hazardous waste per 
million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 180 [mu]g/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium, both:
    (i) Emissions in excess of 1.5 x 10-5 lbs combined 
emissions of arsenic, beryllium, and chromium attributable to the 
hazardous waste per million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 54 [mu]g/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, carbon monoxide and 
hydrocarbons emissions are limited in both the bypass duct or midkiln 
gas sampling system and the main stack as follows:
    (A) Emissions in the by-pass or midkiln gas sampling system are 
limited to either:
    (1) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this 
section, you also must document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec. 
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (2) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane; and
    (B) Hydrocarbons in the main stack are limited, if construction of 
the kiln commenced after April 19, 1996 at a plant site where a cement 
kiln (whether burning hazardous waste or not) did not previously exist, 
to 50 parts per million by volume, over a 30-day block average 
(monitored continuously with a continuous monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane.

[[Page 106]]

    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, hydrocarbons and carbon monoxide are limited in the 
main stack to either:
    (A) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane; or
    (B)(1) Carbon monoxide not exceeding 100 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen; and
    (2) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane at any time during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec. 
63.1206(b)(7); and
    (3) If construction of the kiln commenced after April 19, 1996 at a 
plant site where a cement kiln (whether burning hazardous waste or not) 
did not previously exist, hydrocarbons are limited to 50 parts per 
million by volume, over a 30-day block average (monitored continuously 
with a continuous monitoring system), dry basis, corrected to 7 percent 
oxygen, and reported as propane.
    (6) Hydrogen chloride and chlorine gas in excess of 86 parts per 
million by volume, combined emissions, expressed as a chloride 
(Cl(-)) equivalent, dry basis and corrected to 7 percent 
oxygen; and
    (7) For particulate matter:
    (i) Except as provided by paragraph (b)(7)(iii) of this section, 
particulate matter emissions in excess of 0.0023 gr/dscf corrected to 7 
percent oxygen.
    (ii) Opacity greater than 20 percent, unless your source is equipped 
with a bag leak detection system under Sec. 63.1206(c)(8) or a 
particulate matter detection system under Sec. 63.1206(c)(9).
    (iii) The particulate matter standard specified in paragraph 
(b)(7)(i) of this section is stayed from March 23, 2006 to June 23, 
2006. During the period that this stay is in effect, you must not emit 
particulate matter in excess of 0.15 kg/Mg dry feed, as determined 
according to the requirements under Sec. 63.1204(b)(7)(i) through 
(iii).
    (c) Destruction and removal efficiency (DRE) standard. (1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principle organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

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

Where:

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

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

[[Page 107]]

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

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

Where:

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

    (ii) Compliance. (A) If you use this emission averaging provision, 
you must document in the operating record compliance with the emission 
standards on an annual basis by using the equation provided by paragraph 
(d)(2) of this section.
    (B) Compliance is based on one-year block averages beginning on the 
day you submit the initial notification of compliance.
    (iii) Notification. (A) If you elect to document compliance with one 
or more emission standards using this emission averaging provision, you 
must notify the Administrator in the initial comprehensive performance 
test plan submitted under Sec. 63.1207(e).
    (B) You must include historical raw mill operation data in the 
performance test plan to estimate future raw mill down-time and document 
in the performance test plan that estimated emissions and estimated raw 
mill down-time will not result in an exceedance of an emission standard 
on an annual basis.
    (C) You must document in the notification of compliance submitted 
under Sec. 63.1207(j) that an emission standard will not be exceeded 
based on the documented emissions from the performance test and 
predicted raw mill down-time.
    (e) Preheater or preheater/precalciner kilns with dual stacks--(1) 
General. You must conduct performance testing on each stack to 
demonstrate compliance with the emission standards, and you must 
establish operating parameter limits under Sec. 63.1209 for each stack, 
except as provided by paragraph (d)(1)(iv) of this section for dioxin/
furan emissions testing and operating parameter limits for the by-pass 
stack of in-line raw mills.

[[Page 108]]

    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrogen chloride/chlorine 
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
    (i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:

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

Where:

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

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

[70 FR 59571, Oct. 12, 2005]



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

    (a) Emission and hazardous waste feed limits for existing sources. 
You must not discharge or cause combustion gases to be emitted into the 
atmosphere or feed hazardous waste that contain:
    (1) For dioxins and furans, either:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Rapid quench of the combustion gas temperature at the exit of 
the (last) combustion chamber (or exit of any waste heat recovery system 
that immediately follows the last combustion chamber) to 400 [deg]F or 
lower based on the average of the test run average temperatures. You 
must also notify in writing the RCRA authority that you are complying 
with this option;
    (2) For mercury, either:
    (i) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent 
oxygen; or
    (ii) A hazardous waste feedrate corresponding to a maximum 
theoretical emission concentration (MTEC) in excess of 120 [mu]g/dscm;
    (3) For cadmium and lead, both:
    (i) Emissions in excess of 3.0 x 10-4 lbs combined 
emissions of cadmium and lead attributable to the hazardous waste per 
million Btu heat input from the hazardous waste; and
    (ii) Emissions in excess of 250 [mu]g/dscm, combined emissions, 
corrected to 7 percent oxygen;
    (4) For arsenic, beryllium, and chromium, both:
    (i) In excess of 9.5 x 10-5 lbs combined emissions of 
arsenic, beryllium, and

[[Page 109]]

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

[[Page 110]]

basis and corrected to 7 percent oxygen; and
    (7) Particulate matter emissions in excess of 0.0098 gr/dscf 
corrected to 7 percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard. (1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principal organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

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

Where:

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

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

[70 FR 59574, Oct. 12, 2005]

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

----------------------------------------------------------------------------------------------------------------
               Reference                          Applies to subpart EEE                    Explanation
----------------------------------------------------------------------------------------------------------------
63.1...................................  Yes.
63.2...................................  Yes.
63.3...................................  Yes.
63.4...................................  Yes....................................
63.5...................................  Yes.
63.6(a), (b), (c), (d), and (e)........  Yes.
63.6(f)................................  Yes....................................  Except that the performance
                                                                                   test requirements of Sec.
                                                                                   63.1207 apply instead of Sec.
                                                                                     63.6(f)(2)(iii)(B).
63.6(g) and (h)........................  Yes.
63.6(i)................................  Yes....................................  Section 63.1213 specifies that
                                                                                   the compliance date may also
                                                                                   be extended for inability to
                                                                                   install necessary emission
                                                                                   control equipment by the
                                                                                   compliance date because of
                                                                                   implementation of pollution
                                                                                   prevention or waste
                                                                                   minimization controls.
63.6(j)................................  Yes.
63.7(a)................................  Yes....................................  Except Sec.  63.1207(e)(3)
                                                                                   allows you to petition the
                                                                                   Administrator under Sec.
                                                                                   63.7(h) to provide an
                                                                                   extension of time to conduct
                                                                                   a performance test.
63.7(b)................................  Yes....................................  Except Sec.  63.1207(e)
                                                                                   requires you to submit the
                                                                                   site-specific test plan for
                                                                                   approval at least one year
                                                                                   before the comprehensive
                                                                                   performance test is scheduled
                                                                                   to begin.

[[Page 111]]

 
63.7(c)................................  Yes....................................  Except Sec.  63.1207(e)
                                                                                   requires you to submit the
                                                                                   site-specific test plan
                                                                                   (including the quality
                                                                                   assurance provisions under
                                                                                   Sec.  63.7(c)) for approval
                                                                                   at least one year before the
                                                                                   comprehensive performance
                                                                                   test is scheduled to begin.
63.7(d)................................  Yes.
63.7(e)................................  Yes....................................  Except Sec.  63.1207
                                                                                   prescribes operations during
                                                                                   performance testing and Sec.
                                                                                    63.1209 specifies operating
                                                                                   limits that will be
                                                                                   established during
                                                                                   performance testing (such
                                                                                   that testing is likely to be
                                                                                   representative of the extreme
                                                                                   range of normal performance).
63.7(f)................................  Yes.
63.7(g)................................  Yes....................................  Except Sec.  63.1207(j)
                                                                                   requiring that you submit the
                                                                                   results of the performance
                                                                                   test (and the notification of
                                                                                   compliance) within 90 days of
                                                                                   completing the test, unless
                                                                                   the Administrator grants a
                                                                                   time extension, applies
                                                                                   instead of Sec.  63.7(g)(1).
63.7(h)................................  Yes....................................  Except Sec.  63.1207(c)(2)
                                                                                   allows data in lieu of the
                                                                                   initial comprehensive
                                                                                   performance test, and Sec.
                                                                                   63.1207(m) provides a waiver
                                                                                   of certain performance tests.
                                                                                   You must submit requests for
                                                                                   these waivers with the site-
                                                                                   specific test plan.
63.8(a) and (b)........................  Yes.
63.8(c)................................  Yes....................................  Except: (1) Sec.  63.1211(c)
                                                                                   that requires you to install,
                                                                                   calibrate, and operate CMS by
                                                                                   the compliance date applies
                                                                                   instead of Sec.  63.8(c)(3);
                                                                                   and (2) the performance
                                                                                   specifications for CO, HC,
                                                                                   and O2 CEMS in subpart B, of
                                                                                   this chapter requiring that
                                                                                   the detectors measure the
                                                                                   sample concentration at least
                                                                                   once every 15 seconds for
                                                                                   calculating an average
                                                                                   emission level once every 60
                                                                                   seconds apply instead of Sec.
                                                                                     63.8(c)(4)(ii).
63.8(d)................................  Yes.
63.8(e)................................  Yes....................................  Except Sec.  63.1207(e)
                                                                                   requiring you to submit the
                                                                                   site-specific comprehensive
                                                                                   performance test plan and the
                                                                                   CMS performance evaluation
                                                                                   test plan for approval at
                                                                                   least one year prior to the
                                                                                   planned test date applies
                                                                                   instead of Sec. Sec.
                                                                                   63.8(e)(2) and (3)(iii).
63.8(f) and (g)........................  Yes.
63.9(a)................................  Yes.
63.9(b)................................  Yes....................................  Note: Section 63.9(b)(1)(ii)
                                                                                   pertains to notification
                                                                                   requirements for area sources
                                                                                   that become a major source,
                                                                                   and Sec.  63.9(b)(2)(v)
                                                                                   requires a major source
                                                                                   determination. Although area
                                                                                   sources are subject to all
                                                                                   provisions of this subpart
                                                                                   (Subpart EEE), these sections
                                                                                   nonetheless apply because the
                                                                                   major source determination
                                                                                   may affect the applicability
                                                                                   of part 63 standards or title
                                                                                   V permit requirements to
                                                                                   other sources (i.e., other
                                                                                   than a hazardous waste
                                                                                   combustor) of hazardous air
                                                                                   pollutants at the facility.
63.9(c) and (d)........................  Yes.
63.9(e)................................  Yes....................................  Except Sec.  63.1207(e) which
                                                                                   requires you to submit the
                                                                                   comprehensive performance
                                                                                   test plan for approval one
                                                                                   year prior to the planned
                                                                                   performance test date applies
                                                                                   instead of Sec.  63.9(e).
63.9(f)................................  Yes....................................  Section 63.9(f) applies if you
                                                                                   are allowed under Sec.
                                                                                   63.1209(a)(1)(v) to use
                                                                                   visible determination of
                                                                                   opacity for compliance in
                                                                                   lieu of a COMS.
63.9(g)................................  Yes....................................  Except Sec.  63.9(g)(2)
                                                                                   pertaining to COMS does not
                                                                                   apply.
63.9(h)................................  Yes....................................  Except Sec.  63.1207(j)
                                                                                   requiring you to submit the
                                                                                   notification of compliance
                                                                                   within 90 days of completing
                                                                                   a performance test unless the
                                                                                   Administrator grants a time
                                                                                   extension applies instead of
                                                                                   Sec.  63.9(h)(2)(iii). Note:
                                                                                   Even though area sources are
                                                                                   subject to this subpart, the
                                                                                   major source determination
                                                                                   required by Sec.
                                                                                   63.9(h)(2)(i)(E) is
                                                                                   applicable to hazardous waste
                                                                                   combustors for the reasons
                                                                                   discussed above.
63.9(i) and (j)........................  Yes.
63.10..................................  Yes....................................  Except reports of performance
                                                                                   test results required under
                                                                                   Sec.  63.10(d)(2) may be
                                                                                   submitted up to 90 days after
                                                                                   completion of the test.
63.11..................................  No.
63.12-63.15............................  Yes.
----------------------------------------------------------------------------------------------------------------


[[Page 112]]


[67 FR 6994, Feb. 14, 2002]

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

                     1. Applicability and Principle

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

                             2. Definitions

    2.1 Continuous Emission Monitoring System (CEMS). The total 
equipment required for the determination of a pollutant concentration. 
The system consists of the following major subsystems:
    2.1.1 Sample Interface. That portion of the CEMS used for one or 
more of the following: sample acquisition, sample transport, and sample 
conditioning, or protection of the monitor from the effects of the stack 
effluent.
    2.1.2 Pollutant Analyzer. That portion of the CEMS that senses the 
pollutant concentration and generates a proportional output.
    2.1.3 Diluent Analyzer. That portion of the CEMS that senses the 
diluent gas (O2) and generates an output proportional to the gas 
concentration.
    2.1.4 Data Recorder. That portion of the CEMS that provides a 
permanent record of the analyzer output. The data recorder may provide 
automatic data reduction and CEMS control capabilities.
    2.2 Relative Accuracy (RA). The absolute mean difference between the 
pollutant concentration determined by the CEMS and the value determined 
by the reference method (RM) plus the 2.5 percent error confidence 
coefficient of a series of test divided by the mean of the RM tests or 
the applicable emission limit.
    2.3 Calibration Drift (CD). The difference in the CEMS output 
readings from the established reference value after a stated period of 
operation during which no unscheduled maintenance, repair, or adjustment 
took place.
    2.4 Zero Drift (ZD). The difference in CEMS output readings at the 
zero pollutant level after a stated period of operation during which no 
unscheduled maintenance, repair, or adjustment took place.
    2.5 Calibration Standard. Calibration standards produce a known and 
unchanging response when presented to the pollutant analyzer portion of 
the CEMS, and are used to calibrate the drift or response of the 
analyzer.
    2.6 Relative Accuracy Test Audit (RATA). Comparison of CEMS 
measurements to reference method measurements in order to evaluate 
relative accuracy following procedures and specification given in the 
appropriate performance specification.
    2.7 Absolute Calibration Audit (ACA). Equivalent to calibration 
error (CE) test defined in the appropriate performance specification 
using NIST traceable calibration standards to challenge the CEMS and 
assess accuracy.

[[Page 113]]

    2.8 Rolling Average. The average emissions, based on some 
(specified) time period, calculated every minute from a one-minute 
average of four measurements taken at 15-second intervals.

                          3. QA/QC Requirements

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

             4. CD and ZD Assessment and Daily System Audit

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

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

    Carbon Monoxide (CO), Oxygen (O2), and Hydrocarbon (HC) 
CEMS. An Absolute Calibration Audit (ACA) must be conducted quarterly, 
and a Relative Accuracy Test Audit (RATA) (if applicable, see sections 
5.1 and 5.2) must be conducted yearly. An Interference Response Tests 
must be performed whenever an ACA or a RATA is conducted. When a 
performance test is also required under Sec. 63.1207 to document 
compliance with emission standards, the RATA must coincide with the 
performance test. The audits must be conducted as follows.
    5.1 Relative Accuracy Test Audit (RATA). This requirement applies to 
O2 and CO CEMS. The RATA must be conducted at least yearly. 
Conduct the RATA as described in the RA test procedure (or alternate 
procedures section) described in the applicable Performance 
Specifications. In addition, analyze the appropriate performance audit 
samples received from the EPA as described in the applicable sampling 
methods.
    5.2 Absolute Calibration Audit (ACA). The ACA must be conducted at 
least quarterly except in a quarter when a RATA (if applicable, see 
section 5.1) is conducted instead.

[[Page 114]]

Conduct an ACA as described in the calibration error (CE) test procedure 
described in the applicable Performance Specifications.
    5.3 Interference Response Test. The interference response test must 
be conducted whenever an ACA or RATA is conducted. Conduct an 
interference response test as described in the applicable Performance 
Specifications.
    5.4 Excessive Audit Inaccuracy. If the RA from the RATA or the CE 
from the ACA exceeds the criteria in the applicable Performance 
Specifications, hazardous waste burning must cease immediately. 
Hazardous waste burning cannot resume until the owner or operator takes 
corrective measures and audit the CEMS with a RATA to document that the 
CEMS is operating within the specifications.

                          6. Other Requirements

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

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

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

Where:

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

    The oxygen correction factor is:
    [GRAPHIC] [TIFF OMITTED] TR30SE99.023
    
    6.4.3 Temperature Correction. Correction values for temperature are 
obtainable from standard reference materials.
    6.5 Rolling Average. A rolling average is the arithmetic average of 
all one-minute averages over the averaging period.
    6.5.1 One-Minute Average for CO and HHC CEMS. One-minute averages 
are the arithmetic average of the four most recent 15-second 
observations and must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JY00.004

Where:


[[Page 115]]


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

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

Where:

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

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

Where:

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

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

                             7. Bibliography

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

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

Subpart FFF [Reserved]



 Subpart GGG_National Emission Standards for Pharmaceuticals Production

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



Sec. 63.1250  Applicability.

    (a) Definition of affected source. (1) The affected source subject 
to this subpart consists of the pharmaceutical manufacturing operations 
as defined in Sec. 63.1251. Except as specified in paragraph (d) of 
this section, the provisions of this subpart apply to pharmaceutical 
manufacturing operations that meet the criteria specified in paragraphs 
(a)(1) (i) through (iii) of this section:
    (i) Manufacture a pharmaceutical product as defined in Sec. 
63.1251;
    (ii) Are located at a plant site that is a major source as defined 
in section 112(a) of the Act; and
    (iii) Process, use, or produce HAP.
    (2) Determination of the applicability of this subpart shall be 
reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (b) New source applicability. A new affected source subject to this 
subpart and to which the requirements for new sources apply is: An 
affected source for which construction or reconstruction commenced after 
April 2, 1997, and the standard was applicable at the time of 
construction or reconstruction; or a pharmaceutical manufacturing 
process unit (PMPU) dedicated to manufacturing a single product that has 
the potential to emit 10 tons per year of any

[[Page 116]]

one HAP or 25 tons per year of combined HAP for which construction 
commenced after April 2, 1997 or reconstruction commenced after October 
21, 1999.
    (c) General Provisions. Table 1 of this subpart specifies and 
clarifies the provisions of subpart A of this part that apply to an 
owner or operator of an affected source subject to this subpart. The 
provisions of subpart A specified in Table 1 are the only provisions of 
subpart A that apply to an affected source subject to this subpart.
    (d) Processes exempted from the affected source. The provisions of 
this subpart do not apply to research and development facilities.
    (e) Storage tank ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (e)(1) through (5) 
of this section to determine to which PMPU a storage tank shall belong. 
If an owner or operator produces only pharmaceutical products, the 
procedures specified in paragraphs (e)(1) through (5) of this section 
are required only to determine applicability and demonstrate compliance 
with the pollution-prevention alternative specified in Sec. 63.1252(e), 
or to determine new source applicability for a PMPU dedicated to 
manufacturing a single product as specified in paragraph (b) of this 
section.
    (1) If a storage tank is dedicated to a single PMPU, the storage 
tank shall belong to that PMPU.
    (2) If a storage tank is shared among process units (including at 
least one PMPU), then the storage tank shall belong to the process unit 
located on the same plant site as the storage tank that has the greatest 
annual volume input into or output from the storage tank (i.e., said 
PMPU or process unit has the predominant use of the storage tank).
    (3) If predominant use cannot be determined for a storage tank that 
is shared among process units (including at least one PMPU), then the 
owner or operator shall assign the storage tank to any one of the PMPU's 
that shares it and is also subject to this subpart.
    (4) If the predominant use of a storage tank varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 21, 1998 for existing 
affected sources. For new affected sources, predominant use will be 
based on the first year after initial startup. The determination of 
predominant use shall be reported in the Notification of Compliance 
Status required by Sec. 63.1260(f). If the predominant use changes, the 
redetermination of predominant use shall be reported in the next 
Periodic report.
    (5) If the storage tank begins receiving material from (or sending 
material to) another PMPU, or ceases to receive material from (or send 
material to) a PMPU, or if the applicability of this subpart to a 
storage tank has been determined according to the provisions of 
paragraphs (e)(1) through (4) of this section and there is a significant 
change in the use of the storage tank that could reasonably change the 
predominant use, the owner or operator shall reevaluate the 
applicability of this subpart to the storage tank and report such 
changes to EPA in the next Periodic report.
    (f) Compliance dates. The compliance dates for affected sources are 
as follows:
    (1) An owner or operator of an existing affected source must comply 
with the provisions of this subpart no later than October 21, 2002.
    (2) An owner or operator of a new or reconstructed affected source 
must comply with the provisions of this subpart on August 29, 2000 or 
upon startup, whichever is later.
    (3) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a new source which commences construction or reconstruction 
after April 2, 1997 and before September 21, 1998 shall not be required 
to comply with this subpart until September 21, 2001 if:
    (i) The requirements of this subpart are more stringent than the 
requirements of this subpart in effect before August 29, 2000 and 
contained in the 40 CFR, part (63.1200-end), edition revised as of July 
1, 2000; and
    (ii) The owner or operator complies with the requirements published 
on April 2, 1997 (62 FR 15754) during the period until September 21, 
2001.
    (4) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a

[[Page 117]]

new source which commences construction or reconstruction after 
September 21, 1998 and before April 10, 2000 shall not be required to 
comply with this subpart until October 21, 2002 if:
    (i) The requirements of this subpart are more stringent than the 
requirements of this subpart in effect before August 29, 2000; and
    (ii) The owner or operator complies with the requirements of this 
subpart in effect before August 29, 2000 during the period between 
startup and October 21, 2002.
    (5) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a new source which commences construction or reconstruction 
after April 10, 2000 and before August 29, 2000 shall not be required to 
comply with this subpart until August 29, 2001 if:
    (i) The requirements of this subpart are more stringent than the 
requirements published on April 10, 2000 (65 FR 19152); and
    (ii) The owner or operator complies with the requirements of this 
subpart in effect before August 29, 2000 during the period between 
startup and August 29, 2001.
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing source up to 1 
additional year to comply with section 112(d) standards.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted no later than 120 days prior to the compliance dates 
specified in paragraphs (f) (1) through (5) of this section, except as 
provided in paragraph (f)(6)(ii) of this section. The dates specified in 
Sec. 63.6(i) for submittal of requests for extensions shall not apply 
to sources subject to this subpart.
    (ii) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (f)(6)(i) of this section provided 
the need for the compliance extension arose after that date and before 
the otherwise applicable compliance date, and the need arose due to 
circumstances beyond reasonable control of the owner or operator. This 
request shall include the data described in Sec. 63.6(i)(6)(i) (A), 
(B), (C), and (D).
    (g) Applicability of this subpart except during periods of startup, 
shutdown, and malfunction. (1) Each provision set forth in this subpart 
shall apply at all times except that emission limitations shall not 
apply during periods of: startup; shutdown; and malfunction, if the 
startup, shutdown, and malfunction precludes the ability of a particular 
emission point of an affected source to comply with one or more specific 
emission limitations to which it is subject and the owner or operator 
follows the provisions for periods of startup, shutdown, and 
malfunction, as specified in Sec. Sec. 63.1259(a)(3) and 63.1260(i). 
Startup, shutdown, and malfunction are defined in Sec. 63.1251.
    (2) The provisions set forth in Sec. 63.1255 of this subpart shall 
apply at all times except during periods of nonoperation of the PMPU (or 
specific portion thereof) in which the lines are drained and 
depressurized resulting in the cessation of the emissions to which Sec. 
63.1255 of this subpart applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the emissions 
limitations of this subpart during times when emissions (or, where 
applicable, wastewater streams or residuals) are being routed to such 
items of equipment, if the shutdown would contravene emissions 
limitations of this subpart applicable to such items of equipment. 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 malfunction of the PMPU or portion thereof.
    (4) During startups, shutdowns, and malfunctions when the emissions 
limitations of this subpart do not apply pursuant to paragraphs (g)(1) 
through (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, 
``excess emissions'' means emissions in excess of those that would have 
occurred if there were no startup, shutdown, or malfunction and the 
owner or operator complied with the relevant provisions of this subpart. 
The measures to be taken shall be identified in the applicable startup, 
shutdown, and malfunction plan, and may

[[Page 118]]

include, but are not limited to, air pollution control 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.
    (h) Consistency with other regulations.--(1) Compliance with other 
MACT standards. (i) After the compliance dates specified in this 
section, an affected source subject to the provisions of this subpart 
that is also subject to the provisions of any other subpart of this part 
63 may elect to comply with either the provisions of this subpart or the 
provisions of another applicable subpart governing the maintenance of 
records and reporting to EPA. The affected source shall identify in the 
Notification of Compliance Status report required by Sec. 63.1260(f) 
under which authority such records will be maintained.
    (ii) After the compliance dates specified in paragraph (f) of this 
section, at an offsite reloading or cleaning facility subject to Sec. 
63.1253(f), compliance with the emission standards and associated 
initial compliance, monitoring, recordkeeping, and reporting provisions 
of any other subpart of this part 63 constitutes compliance with the 
provisions of Sec. 63.1253(f)(7) (ii) or (iii). The owner or operator 
of the affected storage tank shall identify in the Notification of 
Compliance Status report required by Sec. 63.1260(f) the subpart of 
this part 63 with which the owner or operator of the offsite reloading 
or cleaning facility complies.
    (2) Consistency with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (i) After the compliance dates specified in this section, if any 
control device subject to this subpart is also subject to monitoring, 
recordkeeping, and reporting requirements in 40 CFR part 264, subpart 
AA, BB, or CC, or is subject to monitoring and recordkeeping 
requirements in 40 CFR part 265, subpart AA, BB, or CC, and the owner or 
operator complies with the periodic reporting requirements under 40 CFR 
part 264, subpart AA, BB, or CC that would apply to the device if the 
facility had final-permitted status, the owner or operator may elect to 
comply either with the monitoring, recordkeeping, and reporting 
requirements of this subpart, or with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, as described in 
this paragraph, which shall constitute compliance with the monitoring, 
recordkeeping, and reporting requirements of this subpart. If the owner 
or operator elects to comply with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, the owner or 
operator shall report all information required by Sec. 63.1260(g) and 
(i). The owner or operator shall identify in the Notification of 
Compliance Status, required by Sec. 63.1260(f), the monitoring, 
recordkeeping, and reporting authority under which the owner or operator 
will comply.
    (ii) After the compliance dates specified in this section, if any 
equipment at an affected source that is subject to Sec. 63.1255, is 
also subject to 40 CFR part 264, subpart BB, or to 40 CFR part 265, 
subpart BB, then compliance with the recordkeeping and reporting 
requirements of 40 CFR parts 264 and/or 265 may be used to comply with 
the recordkeeping and reporting requirements of Sec. 63.1255, to the 
extent that the requirements of 40 CFR parts 264 and/or 265 duplicate 
the requirements of Sec. 63.1255. The owner or operator shall identify 
in the Notification of Compliance Status, required by Sec. 63.1260(f), 
if the owner or operator will comply with the recordkeeping and 
reporting authority under 40 CFR parts 264 and/or 265.
    (3) Compliance with 40 CFR 60.112(b). After the compliance dates 
specified in this section, a storage tank controlled with a floating 
roof and in compliance with the provisions of 40 CFR 60.112b, subpart 
Kb, constitutes compliance with the provisions of this subpart GGG. A 
storage tank with a fixed roof, closed vent system, and control device 
in compliance with the provisions of 40 CFR 60.112b, subpart Kb must 
comply with the monitoring, recordkeeping, and reporting provisions of 
this subpart GGG. The owner or operator shall identify in the 
Notification of Compliance Status report required by Sec. 63.1260(f) 
which tanks are in compliance with subpart Kb.

[[Page 119]]

    (4) Compliance with subpart I of this part. After the compliance 
dates specified in this section, an affected source with equipment 
subject to subpart I of this part may elect to comply with either the 
provisions of Sec. 63.1255 or the provisions of subpart H of this part 
for all such equipment. The owner or operator shall identify in the 
Notification of Compliance Status report required by Sec. 63.1260(f) 
the provisions with which the owner elects to comply.
    (5) Compliance with other regulations for wastewater. After the 
compliance dates specified in this section, the owner or operator of an 
affected wastewater stream that is also subject to provisions in 40 CFR 
parts 260 through 272 may elect to determine whether this subpart or 40 
CFR parts 260 through 272 contain the more stringent control 
requirements (e.g., design, operation, and inspection requirements for 
waste management units; numerical treatment standards; etc.) and the 
more stringent testing, monitoring, recordkeeping, and reporting. 
Compliance with provisions of 40 CFR parts 260 through 272 that are 
determined to be more stringent than the requirements of this subpart 
constitutes compliance with this subpart. For example, provisions of 40 
CFR parts 260 through 272 for treatment units that meet the conditions 
specified in Sec. 63.1256(g)(13) constitute compliance with this 
subpart. In the Notification of Compliance Status report required by 
Sec. 63.1260(f), the owner or operator shall identify the more 
stringent provisions of 40 CFR parts 260 through 272 with which the 
owner or operator will comply. The owner or operator shall also identify 
in the Notification of Compliance Status report required by Sec. 
63.1260(f) the information and procedures used to make any stringency 
determinations. If the owner or operator does not elect to determine the 
more stringent requirements, the owner or operator must comply with both 
the provisions of 40 CFR parts 260 through 272 and the provisions of 
this subpart.
    (6) Compliance with subpart PPP of this part. After the compliance 
dates specified in this section, an affected source with equipment in a 
pharmaceutical manufacturing process unit that is also part of an 
affected source under subpart PPP of this part may elect to demonstrate 
compliance with Sec. 63.1254 by controlling all process vents in 
accordance with Sec. 63.1425 (b), (c)(1), (c)(3), (d), and/or (f). 
Alternatively, the owner or operator may elect to determine which 
process vents must be controlled to comply with the percent reduction 
requirements of Sec. 63.1254 and control only those vents in accordance 
with Sec. 63.1425 (b), (c)(1), (c)(3), (d), and/or (f). For any 
pharmaceutical manufacturing process unit controlled in accordance with 
the requirements of Sec. 63.1425, the owner or operator must also 
comply with all other requirements in subpart PPP of this part. In the 
Notification of Compliance Status report required by Sec. 63.1260(f), 
the owner or operator shall identify which pharmaceutical manufacturing 
process units are meeting the control requirements for process vents and 
all other requirements of subpart PPP of this part, and the owner or 
operator shall describe the calculations and other information used to 
identify which process vents must be controlled to comply with the 
percent reduction requirements of Sec. 63.1254, if applicable.
    (i) For the purposes of establishing whether a person is in 
violation of this subpart, nothing in this subpart shall preclude the 
use of any credible evidence or information relevant to whether a source 
would have been in compliance with applicable requirements.

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



Sec. 63.1251  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section. If the same term is defined in subpart A 
of this part and in this section, it shall have the meaning given in 
this section for the purposes of this subpart.
    Active ingredient means any material that is intended to furnish 
pharmacological activity or other direct effect in the diagnosis, cure, 
mitigation, treatment, or prevention of disease, or to affect the 
structure or any function of the body of man or other animals. This term 
does not include food, food additives (except vitamins and other 
materials described by SIC code 2833 or

[[Page 120]]

2834), color additives, cosmetics, in-vitro diagnostic substances, x-ray 
film, test indicator devices, and medical devices such as implants, 
artificial joints, surgical bandages, and stitching material.
    Actual HAP emissions means the HAP emitted to the atmosphere from 
either uncontrolled or controlled emission points.
    Air pollution control device or Control device means equipment 
installed on a process vent, storage tank, wastewater treatment exhaust 
stack, or combination thereof that reduces the mass of HAP emitted to 
the air. The equipment may consist of an individual device or a series 
of devices. Examples include, but are not limited to, incinerators, 
carbon adsorption units, condensers, flares, boilers, process heaters, 
and gas absorbers. Process condensers are not considered air pollution 
control devices or control devices.
    Annual average concentration, as used in the wastewater provisions 
in Sec. 63.1256, means the total mass of partially soluble and/or 
soluble HAP compounds in a wastewater stream during the calendar year 
divided by the total mass of the wastewater stream discharged during the 
same calendar year, as determined according to the procedures specified 
in Sec. 63.1257(e)(1) (i) and (ii).
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems and strip charts.
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode. For example, a displacement of vapor 
resulting from the charging of a vessel with HAP will result in a 
discrete emission episode that will last through the duration of the 
charge and will have an average flowrate equal to the rate of the 
charge. If the vessel is then heated, there will also be another 
discrete emission episode resulting from the expulsion of expanded 
vapor. Both emission episodes may occur in the same vessel or unit 
operation. There are possibly other emission episodes that may occur 
from the vessel or other process equipment, depending on process 
operations.
    Batch operation or Batch process means a noncontinuous operation 
involving intermittent or discontinuous feed into equipment, and, in 
general, involves the emptying of the equipment after the batch 
operation ceases and prior to beginning a new operation. Addition of raw 
material and withdrawal of product do not occur simultaneously in a 
batch operation.
    Bench-scale batch process means a batch process (other than a 
research and development facility) that is capable of being located on a 
laboratory bench top. This bench-scale equipment will typically include 
reagent feed vessels, a small reactor and associated product separator, 
recovery and holding equipment. These processes are only capable of 
producing small quantities of product.
    Block means a time period that comprises a single batch.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator. Boiler also means 
any industrial furnace as defined in 40 CFR 260.10.
    Centralized combustion control device (CCCD) means enclosed 
combustion devices that are used to control process vent emissions from 
non-dedicated PMPU's at a facility. Centralized combustion control 
devices may also be used to control emissions from source types 
including, but not limited to, storage tanks, waste management units, 
and equipment leaks.
    Cleaning operation means routine rinsing, washing, or boil-off of 
equipment in batch operations between batches.
    Closed biological treatment process means a tank or surface 
impoundment where biological treatment occurs and air emissions from the 
treatment process are routed to either a control device by means of a 
closed-vent system or by means of hard-piping. The tank or surface 
impoundment has a fixed

[[Page 121]]

roof, as defined in this section, or a floating flexible membrane cover 
that meets the requirements specified in Sec. 63.1256(c).
    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented to the atmosphere except through 
a closed-vent system.
    Closed-purge system means a system or combination of system and 
portable containers, to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of HAP vapors.
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic vapors 
in a combustion device.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined as described in Sec. 
63.1255(b)(1)(vii) and Sec. 63.1255(f)(3).
    Construction means the onsite fabrication, erection, or installation 
of an affected source or a PMPU. Addition of new equipment to a PMPU 
subject to existing source standards does not constitute construction, 
but it may constitute reconstruction of the affected source or PMPU if 
it satisfies the definition of reconstruction in this section.
    Consumption means the quantity of all HAP raw materials entering a 
process in excess of the theoretical amount used as reactant, assuming 
100 percent stoichiometric conversion. The raw materials include 
reactants, solvents, and any other additives. If a HAP is generated in 
the process as well as added as a raw material, consumption includes the 
quantity generated in the process.
    Container, as used in the wastewater provisions, means any portable 
waste management unit that has a capacity greater than or equal to 0.1 
m\3\ in which a material is stored, transported, treated, or otherwise 
handled. Examples of containers are drums, barrels, tank trucks, barges, 
dumpsters, tank cars, dump trucks, and ships.
    Continuous process means a process where the inputs and outputs flow 
continuously throughout the duration of the process. Continuous 
processes are typically steady state.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minute or more frequent block average values.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage tank and the 
edge of the floating roof. A continuous seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Control device, for purposes of this Sec. 63.1255, means any 
equipment used for recovering or oxidizing organic hazardous air 
pollutant vapors. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, flares, boilers, and process 
heaters.
    Controlled HAP emissions means the quantity of HAP discharged to the 
atmosphere from an air pollution control device.
    Cover, as used in the wastewater provisions, means a device or 
system which is placed on or over a waste management unit containing 
wastewater or residuals so that the entire surface area is enclosed to 
minimize air emissions. A cover may have openings necessary for 
operation, inspection, and maintenance of the waste management unit such 
as access hatches, sampling ports, and gauge wells provided that each 
opening is closed when not in use. Examples of covers include a fixed 
roof installed on a wastewater tank, a lid installed on a container, and 
an air-supported enclosure

[[Page 122]]

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

[[Page 123]]

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

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

[[Page 125]]

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

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

[[Page 127]]

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

[[Page 128]]

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

[[Page 129]]

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

[[Page 130]]

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

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52598, Aug. 29, 2000; 
71 FR 20459, Apr. 20, 2006]



Sec. 63.1252  Standards: General.

    Each owner or operator of any affected source subject to the 
provisions of this subpart shall control HAP emissions to the level 
specified in this section on and after the compliance dates specified in 
Sec. 63.1250(f). Initial compliance with the emission limits is 
demonstrated in accordance with the provisions of Sec. 63.1257, and 
continuous compliance is demonstrated in accordance with the provisions 
of Sec. 63.1258.
    (a) Opening of a safety device. Opening of a safety device, as 
defined in Sec. 63.1251, is allowed at any time conditions require it 
to do so to avoid unsafe conditions.
    (b) Closed-vent systems. The owner or operator of a closed-vent 
system that contains bypass lines that could divert a vent stream away 
from a control device used to comply with the requirements in Sec. Sec. 
63.1253, 63.1254, and 63.1256 shall comply with the requirements of 
Table 4 to this subpart and paragraph (b)(1) or (2) of this section. 
Equipment

[[Page 131]]

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

[[Page 132]]

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

[[Page 133]]

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

[[Page 134]]

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

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



Sec. 63.1253  Standards: Storage tanks.

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

[[Page 135]]

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

[[Page 136]]

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

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



Sec. 63.1254  Standards: Process vents.

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

[[Page 137]]

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

[GRAPHIC] [TIFF OMITTED] TR29AU00.001

Where:

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

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

[[Page 138]]

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

[[Page 139]]

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

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



Sec. 63.1255  Standards: Equipment leaks.

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

[[Page 140]]

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

[[Page 141]]

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

[[Page 142]]

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

[[Page 143]]

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

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

Where:

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

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

[[Page 144]]

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

[[Page 145]]

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

[[Page 146]]

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

where:

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

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

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

Where:

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

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

[[Page 147]]

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

[[Page 148]]

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

[[Page 149]]

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

[[Page 150]]

    (iii)(A) A list of identification numbers for pressure relief 
devices subject to the provisions in Sec. 63.165(a).
    (B) A list of identification numbers for pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.165(d).
    (iv) Identification of instrumentation systems subject to the 
provisions of this section. Individual components in an instrumentation 
system need not be identified.
    (v) The following information shall be recorded for each dual 
mechanical seal system:
    (A) Design criteria required by paragraph (c)(5)(vi)(A) of this 
section and Sec. 63.164(e)(2), and an explanation of the design 
criteria; and
    (B) Any changes to these criteria and the reasons for the changes.
    (vi) A list of equipment designated as unsafe to monitor/inspect or 
difficult to monitor/inspect under paragraph (f) of this section and a 
copy of the plan for monitoring or inspecting this equipment.
    (vii) A list of connectors removed from and added to the process, as 
described in Sec. 63.174(i)(1), and documentation of the integrity of 
the weld for any removed connectors, as required in Sec. 63.174(j). 
This is not required unless the net credits for removed connectors is 
expected to be used.
    (viii) For equipment that the owner or operator elects to monitor as 
provided under Sec. 63.178(c), a list of equipment added to batch 
product processes since the last monitoring period required in Sec. 
63.178(c)(3)(ii) and (iii). This list must be completed for each type of 
equipment within 90 calendar days, or by the next Periodic Report, 
following the end of the monitoring period for the type of equipment 
monitored, whichever is later. Also, if the owner or operator elects to 
adjust monitoring frequency by the time in use, as provided in Sec. 
63.178(c)(3)(iii), records demonstrating the proportion of the time 
during the calendar year the equipment is in use in a manner subject to 
the provisions of this section are required. Examples of suitable 
documentation are records of time in use for individual pieces of 
equipment or average time in use for the process unit.
    (3) Records of visual inspections. For visual inspections of 
equipment subject to the provisions of paragraphs (c)(2)(iii) and 
(c)(5)(iv) of this section, the owner or operator shall document that 
the inspection was conducted and the date of the inspection. The owner 
or operator shall maintain records as specified in paragraph (g)(4) of 
this section for leaking equipment identified in this inspection, except 
as provided in paragraph (g)(5) of this section. These records shall be 
retained for 2 years.
    (4) Monitoring records. When each leak is detected as specified in 
paragraph (c) of this section and Sec. 63.164, paragraph (e) of this 
section and Sec. 63.169, and Sec. Sec. 63.172 and 63.174, the 
following information shall be recorded and kept for 5 years (at least 2 
years onsite, with the remaining 3 years either onsite or offsite):
    (i) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) The maximum instrument reading measured by Method 21 of 40 CFR 
part 60, appendix A, after the leak is successfully repaired or 
determined to be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (A) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures shall be included either as part of the startup/shutdown/
malfunction plan, required by Sec. 63.1259(a)(3), or in a separate 
document that is maintained at the plant site. Reasons for delay of 
repair may be documented by citing the relevant sections of the written 
procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked onsite before depletion and the reason for depletion.

[[Page 151]]

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

[[Page 152]]

the results of the compliance demonstration required by Sec. 63.11(b).
    (D) A description of the parameter or parameters monitored, as 
required in paragraph (b)(4)(ii) of this section, to ensure that control 
devices are operated and maintained in conformance with their design and 
an explanation of why that parameter (or parameters) was selected for 
the monitoring.
    (ii) Records of operation of closed-vent systems and control 
devices.
    (A) Dates and durations when the closed-vent systems and control 
devices required in paragraph (c) of this section and Sec. Sec. 63.164 
through 63.166 are not operated as designed as indicated by the 
monitored parameters, including periods when a flare pilot light system 
does not have a flame.
    (B) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (C) Dates and durations of startups and shutdowns of control devices 
required in paragraph (c)(7) of this section and Sec. Sec. 63.164 
through 63.166.
    (iii) Records of inspections of closed-vent systems subject to the 
provisions of Sec. 63.172.
    (A) For each inspection conducted in accordance with the provisions 
of Sec. 63.172(f)(1) or (f)(2) during which no leaks were detected, a 
record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.
    (B) For each inspection conducted in accordance with the provisions 
of Sec. 63.172(f)(1) or (f)(2) during which leaks were detected, the 
information specified in paragraph (g)(4) of this section shall be 
recorded.
    (8) Records for components in heavy liquid service. Information, 
data, and analysis used to determine that a piece of equipment or 
process is in heavy liquid service shall be recorded. Such a 
determination shall include an analysis or demonstration that the 
process fluids do not meet the criteria of ``in light liquid or gas 
service.'' Examples of information that could document this include, but 
are not limited to, records of chemicals purchased for the process, 
analyses of process stream composition, engineering calculations, or 
process knowledge.
    (9) Records of exempt components. Identification, either by list, 
location (area or group) of equipment in organic HAP service less than 
300 hours per year subject to the provisions of this section.
    (10) Records of alternative means of compliance determination. 
Owners and operators choosing to comply with the requirements of Sec. 
63.179 shall maintain the following records:
    (i) Identification of the process(es) and the organic HAP they 
handle.
    (ii) A schematic of the process, enclosure, and closed-vent system.
    (iii) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.
    (h) Reporting Requirements. (1) Each owner or operator of a source 
subject to this section shall submit the reports listed in paragraphs 
(h)(1)(i) through (ii) of this section.
    (i) A Notification of Compliance Status Report described in 
paragraph (h)(2) of this section,
    (ii) Periodic reports described in paragraph (h)(3) of this section.
    (2) Notification of compliance status report. Each owner or operator 
of a source subject to this section shall submit the information 
specified in paragraphs (h)(2)(i) through (iii) of this section in the 
Notification of Compliance Status Report described in Sec. 63.1260(f).
    (i) The notification shall provide the information listed in 
paragraphs (h)(2)(i)(A) through (C) of this section for each process 
subject to the requirements of paragraphs (b) through (g) of this 
section.
    (A) Process group identification.
    (B) Number of each equipment type (e.g., valves, pumps) in organic 
HAP service, excluding equipment in vacuum service.
    (C) Method of compliance with the standard (for example, ``monthly 
leak detection and repair'' or ``equipped with dual mechanical seals'').
    (ii) The notification shall provide the information listed in 
paragraphs (h)(2)(ii)(A) and (B) of this section for each process 
subject to the requirements of paragraph (b)(4)(iv) of this section and 
Sec. 63.178(b).
    (A) Products or product codes subject to the provisions of this 
section, and

[[Page 153]]

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

[[Page 154]]

Status report, if the method of compliance has changed since the last 
report.

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



Sec. 63.1256  Standards: Wastewater.

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

[[Page 155]]

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

[[Page 156]]

    (B) Include a notice with each shipment or transport of affected 
wastewater or residual removed from affected wastewater. The notice 
shall state that the affected wastewater or residual contains organic 
HAP that are to be treated in accordance with the provisions of this 
subpart. When the transport is continuous or ongoing (for example, 
discharge to a publicly-owned treatment works), the notice shall be 
submitted to the treatment operator initially and whenever there is a 
change in the required treatment. The owner or operator shall keep a 
record of the notice in accordance with Sec. 63.1259(g).
    (ii) The owner or operator may not transfer the affected wastewater 
or residual unless the transferee has submitted to the EPA a written 
certification that the transferee will manage and treat any affected 
wastewater or residual removed from affected wastewater received from a 
source subject to the requirements of this subpart in accordance with 
the requirements of either:
    (A) Paragraphs (b) through (i) of this section; or
    (B) Subpart D of this part if alternative emission limitations have 
been granted the transferor in accordance with those provisions; or
    (C) Section 63.6(g); or
    (D) If the affected wastewater streams or residuals removed from 
affected wastewater streams received by the transferee contain less than 
50 ppmw of partially soluble HAP, then the transferee must, at a 
minimum, manage and treat the affected wastewater streams and residuals 
in accordance with one of the following:
    (1) Comply with paragraph (g)(10) of this section and cover the 
waste management units up to the activated sludge unit; or
    (2) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section 
and cover the waste management units up to the activated sludge unit; or
    (3) Comply with paragraph (g)(10) of this section provided that the 
owner or operator of the affected source demonstrates that less than 5 
percent of the total soluble HAP is emitted from waste management units 
up to the activated sludge unit; or
    (4) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section 
provided that the owner or operator of the affected source demonstrates 
that less than 5 percent of the total soluble HAP is emitted from waste 
management units up to the activated sludge unit.
    (iii) The certifying entity may revoke the written certification by 
sending a written statement to the EPA and the owner or operator giving 
at least 90 days notice that the certifying entity is rescinding 
acceptance of responsibility for compliance with the regulatory 
provisions listed in this paragraph. Upon expiration of the notice 
period, the owner or operator may not transfer the wastewater stream or 
residual to the treatment operation.
    (iv) By providing this written certification to the EPA, the 
certifying entity accepts responsibility for compliance with the 
regulatory provisions listed in paragraph (a)(5)(ii) of this section 
with respect to any shipment of wastewater or residual covered by the 
written certification. Failure to abide by any of those provisions with 
respect to such shipments may result in enforcement action by the EPA 
against the certifying entity in accordance with the enforcement 
provisions applicable to violations of these provisions by owners or 
operators of sources.
    (v) Written certifications and revocation statements, to the EPA 
from the transferees of wastewater or residuals shall be signed by the 
responsible official of the certifying entity, provide the name and 
address of the certifying entity, and be sent to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13. Such written 
certifications are not transferable by the treater.
    (b) Wastewater tanks. For each wastewater tank that receives, 
manages, or treats affected wastewater or a residual removed from 
affected wastewater, the owner or operator shall comply with the 
requirements of either paragraph (b)(1) or (2) of this section as 
specified in Table 6 of this subpart.
    (1) The owner or operator shall operate and maintain a fixed roof 
except when the contents of the wastewater tank are heated, treated by 
means of an exothermic reaction, or sparged,

[[Page 157]]

during which time the owner or operator shall comply with the 
requirements specified in paragraph (b)(2) of this section. For the 
purposes of this paragraph, the requirements of paragraph (b)(2) of this 
section are satisfied by operating and maintaining a fixed roof if the 
owner or operator demonstrates that the total soluble and partially 
soluble HAP emissions from the wastewater tank are no more than 5 
percent higher than the emissions would be if the contents of the 
wastewater tank were not heated, treated by an exothermic reaction, or 
sparged.
    (2) The owner or operator shall comply with the requirements in 
paragraphs (b)(3) through (9) of this section and shall operate and 
maintain one of the emission control techniques listed in paragraphs 
(b)(2)(i) through (iii) of this section.
    (i) A fixed roof and a closed-vent system that routes the organic 
HAP vapors vented from the wastewater tank to a control device; or
    (ii) A fixed roof and an internal floating roof that meets the 
requirements specified in Sec. 63.119(b), with the differences noted in 
Sec. 63.1257(c)(3)(i) through (iii) for the purposes of this subpart; 
or
    (iii) An external floating roof that meets the requirements 
specified in Sec. Sec. 63.119(c), 63.120(b)(5), and 63.120(b)(6), with 
the differences noted in Sec. 63.1257(c)(3)(i) through (v) for the 
purposes of this subpart.
    (3) If the owner or operator elects to comply with the requirements 
of paragraph (b)(2)(i) of this section, the fixed roof shall meet the 
requirements of paragraph (b)(3)(i) of this section, the control device 
shall meet the requirements of paragraph (b)(3)(ii) of this section, and 
the closed-vent system shall meet the requirements of paragraph 
(b)(3)(iii) of this section.
    (i) The fixed roof shall meet the following requirements:
    (A) Except as provided in paragraph (b)(3)(iv) of this section, the 
fixed roof and all openings (e.g., access hatches, sampling ports, and 
gauge wells) shall be maintained in accordance with the requirements 
specified in Sec. 63.1258(h).
    (B) Each opening shall be maintained in a closed position (e.g., 
covered by a lid) at all times that the wastewater tank contains 
affected wastewater or residual removed from affected wastewater except 
when it is necessary to use the opening for wastewater sampling, 
removal, or for equipment inspection, maintenance, or repair.
    (ii) The control device shall be designed, operated, and inspected 
in accordance with the requirements of paragraph (h) of this section.
    (iii) Except as provided in paragraph (b)(3)(iv) of this section, 
the closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.1258(h).
    (iv) For any fixed roof tank and closed-vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.1258(h).
    (4) If the owner or operator elects to comply with the requirements 
of paragraph (b)(2)(ii) of this section, the floating roof shall be 
inspected according to the procedures specified in Sec. 63.120(a)(2) 
and (3), with the differences noted in Sec. 63.1257(c)(3)(iv) for the 
purposes of this subpart.
    (5) Except as provided in paragraph (b)(6) of this section, if the 
owner or operator elects to comply with the requirements of paragraph 
(b)(2)(iii) of this section, seal gaps shall be measured according to 
the procedures specified in Sec. 63.120(b)(2)(i) through (b)(4) and the 
wastewater tank shall be inspected to determine compliance with Sec. 
63.120(b)(5) and (6) according to the schedule specified in Sec. 
63.120(b)(1)(i) through (iii).
    (6) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements specified in Sec. 63.120(b)(2)(i) through 
(b)(4) or to inspect the wastewater tank to determine compliance with 
Sec. 63.120(b)(5) and (6) because the floating roof appears to be 
structurally unsound and poses an imminent or potential danger to 
inspecting personnel, the owner or operator shall comply with the 
requirements in either paragraph (b)(6)(i) or (ii) of this section.
    (i) The owner or operator shall measure the seal gaps or inspect the 
wastewater tank within 30 calendar days of the determination that the 
floating roof is unsafe.

[[Page 158]]

    (ii) The owner or operator shall empty and remove the wastewater 
tank from service within 45 calendar days of determining that the roof 
is unsafe. If the wastewater tank cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include an explanation of why it was unsafe to perform 
the inspection or seal gap measurement, shall document that alternate 
storage capacity is unavailable, and shall specify a schedule of actions 
that will ensure that the wastewater tank will be emptied as soon as 
possible.
    (7) Except as provided in paragraph (b)(6) of this section, each 
wastewater tank shall be inspected initially, and semiannually 
thereafter, for improper work practices in accordance with Sec. 
63.1258(g). For wastewater tanks, improper work practice includes, but 
is not limited to, leaving open any access door or other opening when 
such door or opening is not in use.
    (8) Except as provided in paragraph (b)(6) of this section, each 
wastewater tank shall be inspected for control equipment failures as 
defined in paragraph (b)(8)(i) of this section according to the schedule 
in paragraphs (b)(8)(ii) and (iii) of this section in accordance with 
Sec. 63.1258(g).
    (i) Control equipment failures for wastewater tanks include, but are 
not limited to, the conditions specified in paragraphs (b)(8)(i)(A) 
through (I) of this section.
    (A) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (B) There is stored liquid on the floating roof.
    (C) A rim seal is detached from the floating roof.
    (D) There are holes, tears, cracks or gaps in the rim seal or seal 
fabric of the floating roof.
    (E) There are visible gaps between the seal of an internal floating 
roof and the wall of the wastewater tank.
    (F) There are gaps between the metallic shoe seal or the liquid 
mounted primary seal of an external floating roof and the wall of the 
wastewater tank that exceed 212 square centimeters per meter of tank 
diameter or the width of any portion of any gap between the primary seal 
and the tank wall exceeds 3.81 centimeters.
    (G) There are gaps between the secondary seal of an external 
floating roof and the wall of the wastewater tank that exceed 21.2 
square centimeters per meter of tank diameter or the width of any 
portion of any gap between the secondary seal and the tank wall exceeds 
1.27 centimeters.
    (H) Where a metallic shoe seal is used on an external floating roof, 
one end of the metallic shoe does not extend into the stored liquid or 
one end of the metallic shoe does not extend a minimum vertical distance 
of 61 centimeters above the surface of the stored liquid.
    (i) A gasket, joint, lid, cover, or door has a crack or gap, or is 
broken.
    (ii) The owner or operator shall inspect for the control equipment 
failures in paragraphs (b)(8)(i)(A) through (H) according to the 
schedule specified in paragraphs (b)(4) and (5) of this section.
    (iii) The owner or operator shall inspect for the control equipment 
failures in paragraph (b)(8)(i)(I) of this section initially, and 
semiannually thereafter.
    (iv) Periods of time when monitoring measurements exceed the 
parameter values as well as periods of inadequate monitoring data do not 
constitute a violation if they occur during a start-up, shutdown, or 
malfunction, and the facility operates in accordance with Sec. 
63.6(e)(1).
    (9) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification. If a failure that is detected during 
inspections required by this section cannot be repaired within 45 
calendar days and if the tank cannot be emptied within 45 calendar days, 
the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include a description

[[Page 159]]

of the failure, shall document that alternate storage capacity is 
unavailable, and shall specify a schedule of actions that will ensure 
that the control equipment will be repaired or the tank will be emptied 
as soon as practical.
    (10) The emission limits specified in Sec. 63.1256 (b)(2) and (h) 
for control devices used to control emissions from wastewater tanks do 
not apply during periods of planned routine maintenance of the control 
device(s) of no more than 240 hours in any 365-day period. The owner or 
operator may submit an application to the Administrator requesting an 
extension of this time limit to a total of 360 hours in any 365-day 
period. The application must explain why the extension is needed, it 
must specify that no affected wastewater will be added to the tank 
between the time the 240-hour limit is exceeded and the control device 
is again operational, and it must be submitted at least 60 days before 
the 240-hour limit will be exceeded. Wastewater tanks shall not be 
sparged with air or other gases without an operational control device.
    (c) Surface impoundments. For each surface impoundment that 
receives, manages, or treats affected wastewater or a residual removed 
from affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (c)(1), (2), and (3) of this section.
    (1) The owner or operator shall operate and maintain on each surface 
impoundment either a cover (e.g., air-supported structure or rigid 
cover) and a closed-vent system that routes the organic hazardous air 
pollutants vapors vented from the surface impoundment to a control 
device in accordance with paragraphs (c)(1)(i), (iii), (iv), and (v) of 
this section, or a floating flexible membrane cover as specified in 
paragraph (c)(1)(ii) of this section.
    (i) The cover and all openings shall meet the following 
requirements:
    (A) Except as provided in paragraph (c)(1)(v) of this section, the 
cover and all openings (e.g., access hatches, sampling ports, and gauge 
wells) shall be maintained in accordance with the requirements specified 
in Sec. 63.1258(h).
    (B) Each opening shall be maintained in a closed position (e.g., 
covered by a lid) at all times that affected wastewater or residual 
removed from affected wastewater is in the surface impoundment except 
when it is necessary to use the opening for sampling, removal, or for 
equipment inspection, maintenance, or repair.
    (C) The cover shall be used at all times that affected wastewater or 
residual removed from affected wastewater is in the surface impoundment 
except during removal of treatment residuals in accordance with 40 CFR 
268.4 or closure of the surface impoundment in accordance with 40 CFR 
264.228.
    (ii) Floating flexible membrane covers shall meet the requirements 
specified in paragraphs (c)(1)(ii)(A) through (F) of this section.
    (A) The floating flexible cover shall be designed to float on the 
liquid surface during normal operations, and to form a continuous 
barrier over the entire surface area of the liquid.
    (B) The cover shall be fabricated from a synthetic membrane material 
that is either:
    (1) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (100 mils); or
    (2) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (c)(1)(ii)(B)(1) of this section, 
and chemical and physical properties that maintain the material 
integrity for the intended service life of the material.
    (C) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
seams or between the interface of the cover edge and its foundation 
mountings.
    (D) Except as provided for in paragraph (c)(1)(ii)(E) of this 
section, each opening in the floating membrane cover shall be equipped 
with a closure device designed to operate such that when the closure 
device is secured in the closed position there are no visible cracks, 
holes, gaps, or other open spaces in the closure device or between the 
perimeter of the cover opening and the closure device.
    (E) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of

[[Page 160]]

stormwater. Each emergency cover drain shall be equipped with a slotted 
membrane fabric cover that covers at least 90 percent of the area of the 
opening or a flexible fabric sleeve seal.
    (F) The closure devices shall be made of suitable materials that 
will minimize exposure of organic HAP to the atmosphere, to the extent 
practical, and will maintain the integrity of the equipment throughout 
its intended service life. Factors to be considered in designing the 
closure devices shall include: the effects of any contact with the 
liquid and its vapor managed in the surface impoundment; the effects of 
outdoor exposure to wind, moisture, and sunlight; and the operating 
practices used for the surface impoundment on which the floating 
membrane cover is installed.
    (G) Whenever affected wastewater or residual from affected 
wastewater is in the surface impoundment, the floating membrane cover 
shall float on the liquid and each closure device shall be secured in 
the closed position. Opening of closure devices or removal of the cover 
is allowed to provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations and/or to remove accumulated sludge or other residues from 
the bottom of surface impoundment. Openings shall be maintained in 
accordance with Sec. 63.1258(h).
    (iii) The control device shall be designed, operated, and inspected 
in accordance with paragraph (h) of this section.
    (iv) Except as provided in paragraph (c)(1)(v) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 
63.1258(h).
    (v) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.1258(h).
    (2) Each surface impoundment shall be inspected initially, and 
semiannually thereafter, for improper work practices and control 
equipment failures in accordance with Sec. 63.1258(g).
    (i) For surface impoundments, improper work practice includes, but 
is not limited to, leaving open any access hatch or other opening when 
such hatch or opening is not in use.
    (ii) For surface impoundments, control equipment failure includes, 
but is not limited to, any time a joint, lid, cover, or door has a crack 
or gap, or is broken.
    (3) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.
    (d) Containers. For each container that receives, manages, or treats 
affected wastewater or a residual removed from affected wastewater, the 
owner or operator shall comply with the requirements of paragraphs 
(d)(1) through (5) of this section.
    (1) The owner or operator shall operate and maintain a cover on each 
container used to handle, transfer, or store affected wastewater or a 
residual removed from affected wastewater in accordance with the 
following requirements:
    (i) Except as provided in paragraph (d)(3)(iv) of this section, if 
the capacity of the container is greater than 0.42 m\3\, the cover and 
all openings (e.g., bungs, hatches, sampling points, and pressure relief 
valves) shall be controlled in accordance with the requirements of 
either paragraph (d)(1)(i)(A) or (d)(1)(i)(B) of this section.
    (A) The requirements specified in Sec. 63.1258(h); or
    (B) The requirements of subpart PP of this part for containers using 
level 2 controls that meet the definitions in Sec. 63.923(b)(1) or (2).
    (ii) If the capacity of the container is less than or equal to 0.42 
m\3\, the owner or operator shall comply with either paragraph 
(d)(1)(ii)(A) or (B) of this section.
    (A) The container must meet existing Department of Transportation 
specifications and testing requirements under 49 CFR part 178; or
    (B) Except as provided in paragraph (d)(3)(iv) of this section, the 
cover and all openings shall be maintained without leaks as specified in 
Sec. 63.1258(h).
    (iii) The cover and all openings shall be maintained in a closed 
position

[[Page 161]]

(e.g., covered by a lid) at all times that affected wastewater or a 
residual removed from affected wastewater is in the container except 
when it is necessary to use the opening for filling, removal, 
inspection, sampling, or pressure relief events related to safety 
considerations.
    (2) Filling of large containers. Pumping affected wastewater or a 
residual removed from affected wastewater into a container with a 
capacity greater than or equal to 0.42 m\3\ shall be conducted in 
accordance with the conditions in paragraphs (d)(2)(i) and (ii) of this 
section.
    (i) Comply with any one of the procedures specified in paragraph 
(d)(2)(i)(A), (B), or (C) of this section.
    (A) Use a submerged fill pipe. The submerged fill pipe outlet shall 
extend to no more than 6 inches or within two fill pipe diameters of the 
bottom of the container while the container is being filled.
    (B) Locate the container within an enclosure with a closed-vent 
system that routes the organic HAP vapors vented from the container to a 
control device.
    (C) Use a closed-vent system to vent the displaced organic vapors 
vented from the container to a control device or back to the equipment 
from which the wastewater is transferred.
    (ii) The cover shall remain in place and all openings shall be 
maintained in a closed position except for those openings required for 
the submerged fill pipe and for venting of the container to prevent 
physical damage or permanent deformation of the container or cover.
    (3) During treatment of affected wastewater or a residual removed 
from affected wastewater, including aeration, thermal or other 
treatment, in a container, whenever it is necessary for the container to 
be open, the container shall be located within an enclosure with a 
closed-vent system that routes the organic HAP vapors vented from the 
container to a control device.
    (i) Except as provided in paragraph (d)(3)(iv) of this section, the 
enclosure and all openings (e.g., doors, hatches) shall be maintained in 
accordance with the requirements specified in Sec. 63.1258(h).
    (ii) The control device shall be designed, operated, and inspected 
in accordance with paragraph (h) of this section.
    (iii) Except as provided in paragraph (d)(3)(iv) of this section, 
the closed-vent system shall be inspected in accordance with Sec. 
63.1258(h).
    (iv) For any enclosure and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.1258(h).
    (4) Each container shall be inspected initially, and semiannually 
thereafter, for improper work practices and control equipment failures 
in accordance with Sec. 63.1258(g).
    (i) For containers, improper work practice includes, but is not 
limited to, leaving open any access hatch or other opening when such 
hatch or opening is not in use.
    (ii) For containers, control equipment failure includes, but is not 
limited to, any time a cover or door has a gap or crack, or is broken.
    (5) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.
    (e) Individual drain systems. For each individual drain system that 
receives or manages affected wastewater or a residual removed from 
affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (e) (1), (2), and (3) or with paragraphs (e) 
(4), (5), and (6) of this section.
    (1) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall operate and maintain on each opening in the 
individual drain system a cover and if vented, route the vapors to a 
process or through a closed-vent system to a control device. The owner 
or operator shall comply with the requirements of paragraphs (e)(1) (i) 
through (v) of this section.
    (i) The cover and all openings shall meet the following 
requirements:
    (A) Except as provided in paragraph (e)(1)(iv) of this section, the 
cover and

[[Page 162]]

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

[[Page 163]]

    (B) If the junction box is filled and emptied by gravity flow (i.e., 
there is no pump) or is operated with no more than slight fluctuations 
in the liquid level, the owner or operator may vent the junction box to 
the atmosphere provided that the junction box complies with the 
requirements in paragraphs (e)(4)(ii)(B) (1) and (2) of this section.
    (1) The vent pipe shall be at least 90 centimeters in length and no 
greater than 10.2 centimeters in nominal inside diameter.
    (2) Water seals shall be installed and maintained at the wastewater 
entrance(s) to or exit from the junction box restricting ventilation in 
the individual drain system and between components in the individual 
drain system. The owner or operator shall demonstrate (e.g., by visual 
inspection or smoke test) upon request by the Administrator that the 
junction box water seal is properly designed and restricts ventilation.
    (iii) The owner or operator shall operate and maintain sewer lines 
as specified in paragraphs (e)(4)(iii)(A) and (B) of this section.
    (A) Except as specified in paragraph (e)(4)(iii)(B) of this section, 
each sewer line shall not be open to the atmosphere and shall be covered 
or enclosed in a manner so as to have no visible gaps or cracks in 
joints, seals, or other emission interfaces.
    Note: This provision applies to sewers located inside and outside of 
buildings.
    (B) A sewer line connected to drains that are in compliance with 
paragraph (e)(4)(i) of this section may be vented to the atmosphere, 
provided that the sewer line entrance to the first downstream junction 
box is water sealed and the sewer line vent pipe is designed as 
specified in paragraph (e)(4)(ii)(B)(1) of this section.
    (5) Equipment used to comply with paragraphs (e)(4) (i), (ii), or 
(iii) of this section shall be inspected as follows:
    (i) Each drain using a tightly fitting cap or plug shall be visually 
inspected initially, and semiannually thereafter, to ensure caps or 
plugs are in place and that there are no gaps, cracks, or other holes in 
the cap or plug.
    (ii) Each junction box shall be visually inspected initially, and 
semiannually thereafter, to ensure that there are no gaps, cracks, or 
other holes in the cover.
    (iii) The unburied portion of each sewer line shall be visually 
inspected initially, and semiannually thereafter, for indication of 
cracks or gaps that could result in air emissions.
    (6) Except as provided in paragraph (i) of this section, when a gap, 
hole, or crack is identified in a joint or cover, first efforts at 
repair shall be made no later than 5 calendar days after identification, 
and repair shall be completed within 15 calendar days after 
identification.
    (f) Oil-water separators. For each oil-water separator that 
receives, manages, or treats affected wastewater or a residual removed 
from affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (f)(1) through (6) of this section.
    (1) The owner or operator shall maintain one of the following:
    (i) A fixed roof and a closed-vent system that routes the organic 
HAP vapors vented from the oil-water separator to a control device. The 
fixed roof, closed-vent system, and control device shall meet the 
requirements specified in paragraph (f)(2) of this section;
    (ii) A floating roof that meets the requirements in 40 CFR 60.693-
2(a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For portions of the 
oil-water separator where it is infeasible to construct and operate a 
floating roof, such as over the weir mechanism, the owner or operator 
shall operate and maintain a fixed roof, closed-vent system, and control 
device that meet the requirements specified in paragraph (f)(2) of this 
section.
    (2) A fixed roof shall meet the requirements of paragraph (f)(2)(i) 
of this section, a control device shall meet the requirements of 
paragraph (f)(2)(ii) of this section, and a closed-vent system shall 
meet the requirements of (f)(2)(iii) of this section.
    (i) The fixed roof shall meet the following requirements:
    (A) Except as provided in (f)(2)(iv) of this section, the fixed roof 
and all openings (e.g., access hatches, sampling ports, and gauge wells) 
shall be

[[Page 164]]

maintained in accordance with the requirements specified in Sec. 
63.1258(h).
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the oil-water separator contains affected wastewater or a residual 
removed from affected wastewater except when it is necessary to use the 
opening for sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (ii) The control device shall be designed, operated, and inspected 
in accordance with the requirements of paragraph (h) of this section.
    (iii) Except as provided in paragraph (f)(2)(iv) of this section, 
the closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.1258(h).
    (iv) For any fixed-roof and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements of Sec. 63.1258(h).
    (3) If the owner or operator elects to comply with the requirements 
of paragraph (f)(1)(ii) of this section, seal gaps shall be measured 
according to the procedures specified in 40 CFR part 60, subpart QQQ 
Sec. 60.696(d)(1) and the schedule specified in paragraphs (f)(3)(i) 
and (ii) of this section.
    (i) Measurement of primary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of affected wastewater or a residual removed from affected wastewater 
and once every 5 years thereafter.
    (ii) Measurement of secondary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of affected wastewater or a residual removed from affected wastewater 
and once every year thereafter.
    (4) Each oil-water separator shall be inspected initially, and 
semiannually thereafter, for improper work practices in accordance with 
Sec. 63.1258(g). For oil-water separators, improper work practice 
includes, but is not limited to, leaving open or ungasketed any access 
door or other opening when such door or opening is not in use.
    (5) Each oil-water separator shall be inspected for control 
equipment failures as defined in paragraph (f)(5)(i) of this section 
according to the schedule specified in paragraphs (f)(5)(ii) and (iii) 
of this section.
    (i) For oil-water separators, control equipment failure includes, 
but is not limited to, the conditions specified in paragraphs 
(f)(5)(i)(A) through (G) of this section.
    (A) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (B) There is stored liquid on the floating roof.
    (C) A rim seal is detached from the floating roof.
    (D) There are holes, tears, or other open spaces in the rim seal or 
seal fabric of the floating roof.
    (E) There are gaps between the primary seal and the separator wall 
that exceed 67 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the primary seal and the 
separator wall exceeds 3.8 centimeters.
    (F) There are gaps between the secondary seal and the separator wall 
that exceed 6.7 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the secondary seal and 
the separator wall exceeds 1.3 centimeters.
    (G) A gasket, joint, lid, cover, or door has a gap or crack, or is 
broken.
    (ii) The owner or operator shall inspect for the control equipment 
failures in paragraphs (f)(5)(i)(A) through (F) according to the 
schedule specified in paragraph (f)(3) of this section.
    (iii) The owner or operator shall inspect for control equipment 
failures in paragraph (f)(5)(i)(G) of this section initially, and 
semiannually thereafter.
    (6) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.
    (g) Performance standards for treatment processes managing 
wastewater and/or residuals removed from wastewater. This section 
specifies the performance

[[Page 165]]

standards for treating affected wastewater. The owner or operator shall 
comply with the requirements as specified in paragraphs (g)(1) through 
(6) of this section. Where multiple compliance options are provided, the 
options may be used in combination for different wastewater and/or for 
different compounds (e.g., soluble versus partially soluble compounds) 
in the same wastewater, except where otherwise provided in this section. 
Once affected wastewater or a residual removed from affected wastewater 
has been treated in accordance with this subpart, it is no longer 
subject to the requirements of this subpart.
    (1) Existing source. For a wastewater stream at an existing source 
that exceeds or is designated to exceed the concentration and load 
criteria in paragraph (a)(1)(i)(A) of this section, the owner or 
operator shall comply with a control option in paragraph (g)(8) of this 
section. For a wastewater stream at an existing source that exceeds the 
concentration and load criteria in either paragraph (a)(1)(i)(B) or (C) 
of this section, the owner or operator shall comply with a control 
option in paragraph (g)(8) of this section and a control option in 
paragraph (g)(9) of this section. As an alternative to the control 
options in paragraphs (g)(8) and (g)(9) of this section, the owner or 
operator may comply with a control option in either paragraph (g)(10), 
(11) or (13) of this section, as applicable.
    (2) New source. For a wastewater stream at a new source that exceeds 
or is designated to exceed the concentration and load criteria in 
paragraph (a)(1)(i)(A) of this section, the owner or operator shall 
comply with a control option in paragraph (g)(8) of this section. For 
wastewater at a new source that exceeds the concentration and load 
criteria in either paragraph (a)(1)(i)(B) or (C) of this section, but 
does not exceed the criteria in paragraph (a)(1)(i)(D) of this section, 
the owner or operator shall comply with a control option in paragraph 
(g)(8) of this section and a control option in paragraph (g)(9) of this 
section. As an alternative to the control options in paragraphs (g)(8) 
and/or (9) of this section, the owner or operator may comply with a 
control option in either paragraph (g)(10), (11), or (13) of this 
section, as applicable. For a wastewater stream at a new source that 
exceeds or is designated to exceed the concentration and load criteria 
in paragraph (a)(1)(i)(D) of this section, the owner or operator shall 
comply with a control option in paragraph (g)(12) or (13) of this 
section.
    (3) Biological treatment processes. Biological treatment processes 
in compliance with this section may be either open or closed biological 
treatment processes as defined in Sec. 63.1251. An open biological 
treatment process in compliance with this section need not be covered 
and vented to a control device. An open or a closed biological treatment 
process in compliance with this section and using Sec. 
63.1257(e)(2)(iii)(E) or (F) to demonstrate compliance is not subject to 
the requirements of paragraphs (b) and (c) of this section. A closed 
biological treatment process in compliance with this section and using 
Sec. 63.1257(e)(2)(iii)(G) to demonstrate compliance shall comply with 
the requirements of paragraphs (b) and (c) of this section. Waste 
management units upstream of an open or closed biological treatment 
process shall meet the requirements of paragraphs (b) through (f) of 
this section, as applicable.
    (4) Performance tests and design evaluations. If the Resource 
Conservation and Recovery Act (RCRA) option [paragraph (g)(13) of this 
section] or the enhanced biological treatment process for soluble HAP 
compounds option [paragraph (g)(10) of this section] is selected to 
comply with this section, neither a design evaluation nor a performance 
test is required. For any other nonbiological treatment process, and for 
closed biological treatment processes as defined in Sec. 63.1251, the 
owner or operator shall conduct either a design evaluation as specified 
in Sec. 63.1257(e)(2)(ii) or performance test as specified in Sec. 
63.1257(e)(2)(iii). For each open biological treatment process as 
defined in Sec. 63.1251, the owner or operator shall conduct a 
performance test as specified in Sec. 63.1257(e)(2)(iii)(E) or (F).
    (5) Control device requirements. When gases are vented from the 
treatment process, the owner or operator shall

[[Page 166]]

comply with the applicable control device requirements specified in 
paragraph (h) of this section and Sec. 63.1257(e)(3), and the 
applicable leak inspection provisions specified in Sec. 63.1258(h). 
This requirement is in addition to the requirements for treatment 
systems specified in paragraphs (g)(8) through (14) of this section. 
This requirement does not apply to any open biological treatment process 
that meets the mass removal requirements.
    (6) Residuals: general. When residuals result from treating affected 
wastewater, the owner or operator shall comply with the requirements for 
residuals specified in paragraph (g)(14) of this section.
    (7) Treatment using a series of treatment processes. In all cases 
where the wastewater provisions in this subpart allow or require the use 
of a treatment process or control device to comply with emissions 
limitations, the owner or operator may use multiple treatment processes 
or control devices, respectively. For combinations of treatment 
processes where the wastewater stream is conveyed by hard-piping, the 
owner or operator shall comply with either the requirements of paragraph 
(g)(7)(i) or (ii) of this section. For combinations of treatment 
processes where the wastewater stream is not conveyed by hard-piping, 
the owner or operator shall comply with the requirements of paragraph 
(g)(7)(ii) of this section. For combinations of control devices, the 
owner or operator shall comply with the requirements of paragraph 
(g)(7)(i) of this section.
    (i) Compliance across the combination of all treatment units or 
control devices in series. (A) For combinations of treatment processes, 
the wastewater stream shall be conveyed by hard-piping between the 
treatment processes. For combinations of control devices, the vented gas 
stream shall be conveyed by hard-piping between the control devices.
    (B) For combinations of treatment processes, each treatment process 
shall meet the applicable requirements of paragraphs (b) through (f) of 
this section, except as provided in paragraph (g)(3) of this section.
    (C) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes or of control devices, including 
identification of the first and last treatment process or control 
device. The owner or operator shall include this information as part of 
the treatment process description reported in the Notification of 
Compliance Status.
    (D) The performance test or design evaluation shall determine 
compliance across the combination of treatment processes or control 
devices. If a performance test is conducted, the ``inlet'' shall be the 
point at which the wastewater stream or residual enters the first 
treatment process, or the vented gas stream enters the first control 
device. The ``outlet'' shall be the point at which the treated 
wastewater stream exits the last treatment process, or the vented gas 
stream exits the last control device.
    (ii) Compliance across individual units. (A) For combinations of 
treatment processes, each treatment process shall meet the applicable 
requirements of paragraphs (b) through (f) of this section except as 
provided in paragraph (g)(3) of this section.
    (B) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes, including identification of the 
first and last treatment process. The owner or operator shall include 
this information as part of the treatment process description reported 
in the Notification of Compliance Status report.
    (C) The owner or operator shall determine the mass removed or 
destroyed by each treatment process. The performance test or design 
evaluation shall determine compliance for the combination of treatment 
processes by adding together the mass removed or destroyed by each 
treatment process and determine the overall control efficiency of the 
treatment system.
    (8) Control options: Wastewater containing partially soluble HAP 
compounds. The owner or operator shall comply with either paragraph 
(g)(8)(i) or (ii) of this section for the control of partially soluble 
HAP compounds at new or existing sources.
    (i) 50 ppmw concentration option. The owner or operator shall comply 
with paragraphs (g)(8)(i)(A) and (B) of this section.

[[Page 167]]

    (A) Reduce, by removal or destruction, the concentration of total 
partially soluble HAP compounds to a level less than 50 ppmw as 
determined by the procedures specified in Sec. 63.1257(e)(2)(iii)(B).
    (B) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. Dilution shall not be used to 
achieve compliance with this option.
    (ii) Percent mass removal/destruction option. The owner or operator 
shall reduce, by removal or destruction, the mass of total partially 
soluble HAP compounds by 99 percent or more. The removal destruction 
efficiency shall be determined by the procedures specified in Sec. 
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment 
processes; Sec. 63.1257(e)(2)(ii) or (iii)(D) for combustion processes; 
Sec. 63.1257(e)(2)(iii)(F) for open biological treatment processes; and 
Sec. 63.1257(e)(2)(ii) or (iii)(G) for closed biological treatment 
processes.
    (9) Control options: Wastewater containing soluble HAP compounds. 
The owner or operator shall comply with either paragraph (g)(9)(i) or 
(ii) of this section for the control of soluble HAP compounds at new or 
existing sources.
    (i) 520 ppmw concentration option. The owner or operator shall 
comply with paragraphs (g)(9)(i)(A) and (B) of this section.
    (A) Reduce, by removal or destruction, the concentration of total 
soluble HAP compounds to a level less than 520 ppmw as determined in the 
procedures specified in Sec. 63.1257(e)(2)(iii)(B).
    (B) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. Dilution shall not be used to 
achieve compliance with this option.
    (ii) Percent mass removal/destruction option. The owner or operator 
shall reduce the mass of total soluble HAP by 90 percent or more, either 
by removal or destruction. The removal/destruction efficiency shall be 
determined by the procedures in Sec. 63.1257(e)(2)(ii) or 
(e)(2)(iii)(C) for noncombustion, nonbiological treatment processes; 
Sec. 63.1257(e)(2)(ii) or (e)(2)(iii)(D) for combustion processes; 
Sec. 63.1257(e)(2)(iii)(F) for open biological treatment processes; and 
Sec. 63.1257(e)(2)(ii) or (e)(2)(iii)(G) for closed, biological 
treatment processes.
    (10) Control option: Enhanced biotreatment for wastewater containing 
soluble HAP. The owner or operator may elect to treat affected 
wastewater streams containing soluble HAP in an enhanced biological 
treatment system, as defined in Sec. 63.1251, provided the wastewater 
stream contains less than 50 ppmw partially soluble HAP, or the owner or 
operator complies with the requirements of paragraph (g)(8) of this 
section before treating the affected wastewater stream in the enhanced 
biological treatment system.This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. These treatment processes are 
exempt from the design evaluation or performance tests requirements 
specified in paragraph (g)(4) of this section.
    (11) 95-percent mass reduction option, for biological treatment 
processes. The owner or operator of a new or existing source using 
biological treatment for any affected wastewater shall reduce the mass 
of total soluble and partially soluble HAP sent to that biological 
treatment unit by at least 95 percent. All wastewater as defined in 
Sec. 63.1251 entering such a biological treatment unit from PMPU's 
subject to this subpart shall be included in the demonstration of the 
95-percent mass removal. The owner or operator shall comply with 
paragraphs (g)(11)(i) through (iv) of this section.
    (i) Except as provided in paragraph (g)(11)(iv) of this section, the 
owner or operator shall ensure that all wastewater from PMPU's subject 
to this subpart entering a biological treatment unit are treated to 
destroy at least 95-percent total mass of all soluble and partially 
soluble HAP compounds.
    (ii) For open biological treatment processes, compliance shall be 
determined using the procedures specified in Sec. 
63.1257(e)(2)(iii)(E). For closed aerobic

[[Page 168]]

biological treatment processes, compliance shall be determined using the 
procedures specified in Sec. 63.1257(e)(2)(ii), (iii)(E), or (iii)(G). 
For closed anaerobic biological treatment processes, compliance shall be 
determined using the procedures specified in Sec. 63.1257(e)(2)(ii) or 
(iii)(G).
    (iii) For each treatment process or waste management unit that 
receives, manages, or treats wastewater subject to this paragraph, from 
the POD to the biological treatment unit, the owner or operator shall 
comply with paragraphs (b) through (f) of this section for control of 
air emissions. When complying with this paragraph, the term affected 
wastewater in paragraphs (b) through (f) of this section shall mean all 
wastewater from PMPU's, not just affected wastewater.
    (iv) If wastewater is in compliance with the requirements in 
paragraph (g)(8), (9), or (12) of this section before entering the 
biological treatment unit, the hazardous air pollutants mass of that 
wastewater is not required to be included in the total mass flow rate 
entering the biological treatment unit for the purpose of demonstrating 
compliance.
    (12) Percent mass removal/destruction option for soluble HAP 
compounds at new sources. The owner or operator of a new source shall 
reduce, by removal or destruction, the mass flow rate of total soluble 
HAP from affected wastewater by 99 percent or more. The removal/
destruction efficiency shall be determined by the procedures in Sec. 
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment 
processes; Sec. 63.1257(e)(2)(ii) and (iii)(D) for combustion 
processes; Sec. 63.1257(e)(2)(iii)(F) for open biological treatment 
processes; and Sec. 63.1257(e)(2)(ii) or (iii)(G) for closed biological 
treatment processes.
    (13) Treatment in a RCRA unit option. The owner or operator shall 
treat the affected wastewater or residual in a unit identified in, and 
complying with, paragraph (g)(13)(i), (ii), or (iii) of this section. 
These units are exempt from the design evaluation or performance tests 
requirements specified in paragraph (g)(4) of this section and Sec. 
63.1257(e)(2), and from the monitoring requirements specified in 
paragraph (a)(2)(iii) of this section, as well as recordkeeping and 
reporting requirements associated with monitoring and performance tests.
    (i) The wastewater or residual is discharged to a hazardous waste 
incinerator for which the owner or operator has been issued a final 
permit under 40 CFR part 270 and complies with the requirements of 40 
CFR part 264, subpart O, or has certified compliance with the interim 
status requirements of 40 CFR part 265, subpart O;
    (ii) The wastewater or residual is discharged to a process heater or 
boiler burning hazardous waste for which the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (iii) The wastewater or residual is discharged to an underground 
injection well for which the owner or operator has been issued a final 
permit under 40 CFR part 270 or 40 CFR part 144 and complies with the 
requirements of 40 CFR part 122. The owner or operator shall comply with 
all applicable requirements of this subpart prior to the point where the 
wastewater enters the underground portion of the injection well.
    (14) Residuals. For each residual removed from affected wastewater, 
the owner or operator shall control for air emissions by complying with 
paragraphs (b) through (f) of this section and by complying with one of 
the provisions in paragraphs (g)(14)(i) through (iv) of this section.
    (i) Recycle the residual to a production process or sell the 
residual for the purpose of recycling. Once a residual is returned to a 
production process, the residual is no longer subject to this section.
    (ii) Return the residual to the treatment process.
    (iii) Treat the residual to destroy the total combined mass flow 
rate of soluble and/or partially soluble HAP compounds by 99 percent or 
more, as determined by the procedures specified in Sec. 
63.1257(e)(2)(iii)(C) or (D).

[[Page 169]]

    (iv) Comply with the requirements for RCRA treatment options 
specified in paragraph (g)(13) of this section.
    (h) Control devices. For each control device or combination of 
control devices used to comply with the provisions in paragraphs (b) 
through (f) and (g)(5) of this section, the owner or operator shall 
operate and maintain the control device or combination of control 
devices in accordance with the requirements of paragraphs (h)(1) through 
(5) of this section.
    (1) Whenever organic HAP emissions are vented to a control device 
which is used to comply with the provisions of this subpart, such 
control device shall be operating.
    (2) The control device shall be designed and operated in accordance 
with paragraph (h)(2) (i), (ii), (iii), (iv), or (v) of this section, as 
demonstrated by the provisions in Sec. 63.1257(e)(3).
    (i) An enclosed combustion device (including but not limited to a 
vapor incinerator, boiler, or process heater) shall meet the conditions 
in paragraph (h)(2)(i) (A), (B), or (C) of this section, alone or in 
combination with other control devices. If a boiler or process heater is 
used as the control device, then the vent stream shall be introduced 
into the flame zone of the boiler or process heater.
    (A) Reduce the organic HAP emissions vented to the control device by 
95 percent by weight or greater;
    (B) Achieve an outlet TOC concentration of 20 ppmv on a dry basis 
corrected to 3 percent oxygen. The owner or operator shall use either 
Method 18 of 40 CFR part 60, appendix A, or any other method or data 
that has been validated according to the applicable procedures in Method 
301 of appendix A of this part; or
    (C) Provide a minimum residence time of 0.5 seconds at a minimum 
temperature of 760 [deg]C.
    (ii) A vapor recovery system (including but not limited to a carbon 
adsorption system or condenser), alone or in combination with other 
control devices, shall reduce the organic HAP emissions vented to the 
control device by 95 percent by weight or greater or achieve an outlet 
TOC concentration of 20 ppmv. The 20 ppmv performance standard is not 
applicable to compliance with the provisions of paragraphs (c) or (d) of 
this section.
    (iii) A flare shall comply with the requirements of Sec. 63.11(b).
    (iv) A scrubber, alone or in combination with other control devices, 
shall reduce the organic HAP emissions in such a manner that 95 weight-
percent is either removed, or destroyed by chemical reaction with the 
scrubbing liquid, or achieve an outlet TOC concentration of 20 ppmv. The 
20 ppmv performance standard is not applicable to compliance with the 
provisions of paragraphs (c) or (d) of this section.
    (v) Any other control device used shall, alone or in combination 
with other control devices, reduce the organic HAP emissions vented to 
the control device by 95 percent by weight or greater or achieve an 
outlet TOC concentration of 20 ppmv. The 20 ppmv performance standard is 
not applicable to compliance with the provisions of paragraphs (c) or 
(d) of this section.
    (3) If the control device is a combustion device, the owner or 
operator shall comply with the requirements in Sec. 63.1252(g) to 
control halogenated vent streams.
    (4) Except as provided in paragraph (i) of this section, if gaps, 
cracks, tears, or holes are observed in ductwork, piping, or connections 
to covers and control devices during an inspection, a first effort to 
repair shall be made as soon as practical but no later than 5 calendar 
days after identification. Repair shall be completed no later than 15 
calendar days after identification or discovery of the defect.
    (5) The provisions in paragraphs (h)(1) through (4) of this section 
apply at all times, except as specified in Sec. 63.1250(g). The owner 
or operator may not comply with the planned routine maintenance 
provisions in Sec. 63.1252(h) for vent streams from waste management 
units.
    (i) Delay of repair. Delay of repair of equipment for which a 
control equipment failure or a gap, crack, tear, or hole has been 
identified, is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec. 63.1251, or if the owner or operator 
determines that emissions of purged material from immediate repair would 
be

[[Page 170]]

greater than the emissions likely to result from delay of repair. Repair 
of this equipment shall occur by the end of the next shutdown.
    (1) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified, is allowed 
if the equipment is emptied or is no longer used to treat or manage 
affected wastewater or residuals removed from affected wastewater.
    (2) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified is also 
allowed if additional time is necessary due to the unavailability of 
parts beyond the control of the owner or operator. Repair shall be 
completed as soon as practical. The owner or operator who uses this 
provision shall comply with the requirements of Sec. 63.1259(h) to 
document the reasons that the delay of repair was necessary.

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



Sec. 63.1257  Test methods and compliance procedures.

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

[[Page 171]]

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

where:

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

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

[[Page 172]]

[GRAPHIC] [TIFF OMITTED] TR29AU00.002

Where:

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

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

Where:

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

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

[[Page 173]]

affected source, the test methods specified in paragraphs (b)(1) through 
(10) of this section shall be used.
    (1) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (2) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for 
velocity and volumetric flow rates.
    (3) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (4) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (5) [Reserved]
    (6) The following methods are specified for concentration 
measurements:
    (i) Method 18 may be used to determine HAP concentration in any 
control device efficiency determination.
    (ii) Method 25 of appendix A of part 60 may be used to determine 
total gaseous nonmethane organic concentration for control efficiency 
determinations in combustion devices.
    (iii) Method 26 or 26A of appendix A of part 60 shall be used to 
determine hydrogen chloride, hydrogen halide and halogen concentrations 
in control device efficiency determinations or in the 20 ppmv outlet 
hydrogen halide concentration standard.
    (iv) Method 25A of appendix A of part 60 may be used to determine 
the HAP or TOC concentration for control device efficiency 
determinations under the conditions specified in Method 25 of appendix A 
for direct measurement of an effluent with a flame ionization detector, 
or in demonstrating compliance with the 20 ppmv TOC outlet standard. If 
Method 25A is used to determine the concentration of TOC for the 20 ppmv 
standard, the instrument shall be calibrated on methane or the 
predominant HAP. If calibrating on the predominant HAP, the use of 
Method 25A shall comply with paragraphs (b)(6)(iv)(A) through (C) of 
this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume.
    (B) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable 
if the response from the high level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (C) The span value of the analyzer must be less than 100 ppmv.
    (7) Testing conditions for continuous processes. Testing of 
emissions on equipment operating as part of a continuous process will 
consist of three l-hour runs. Gas stream volumetric flow rates shall be 
measured every 15 minutes during each 1-hour run. The HAP concentration 
shall be determined from samples collected in an integrated sample over 
the duration of each l-hour test run, or from grab samples collected 
simultaneously with the flow rate measurements (every 15 minutes). If an 
integrated sample is collected for laboratory analysis, the sampling 
rate shall be adjusted proportionally to reflect variations in flow 
rate. For continuous gas streams, the emission rate used to determine 
compliance shall be the average emission rate of the three test runs.
    (8) Testing and compliance determination conditions for batch 
processes. Testing of emissions on equipment where the flow of gaseous 
emissions is intermittent (batch operations) shall be conducted as 
specified in paragraphs (b)(8)(i) through (iii) of this section.
    (i) Except as provided in paragraph (b)(9) of this section for 
condensers, testing shall be conducted at absolute worst-case conditions 
or hypothetical worst-case conditions. Gas stream volumetric flow rates 
shall be measured at 15-minute intervals. The HAP or TOC concentration 
shall be determined from samples collected in an integrated sample over 
the duration of the test, or from grab samples collected simultaneously 
with the flow rate measurements (every 15 minutes). If an integrated 
sample is collected for laboratory analysis, the sampling rate shall be 
adjusted proportionally to reflect variations in flow rate. The absolute 
worst-case or hypothetical worst-case conditions shall be characterized 
by the criteria presented in paragraphs (b)(8)(i)(A) and (B)of this 
section. In all cases, a site-specific plan shall be submitted to the 
Administrator for approval prior to testing in accordance with Sec. 
63.7(c) and Sec. 63.1260(l). The test plan shall include the emission 
profile

[[Page 174]]

described in paragraph (b)(8)(ii) of this section.
    (A) Absolute worst-case conditions are defined by the criteria 
presented in paragraph (b)(8)(i)(A)(1) or (2) of this section if the 
maximum load is the most challenging condition for the control device. 
Otherwise, absolute worst-case conditions are defined by the conditions 
in paragraph (b)(8)(i)(A)(3) of this section. The owner or operator must 
consider all relevant factors, including load and compound-specific 
characteristics in defining absolute worst-case conditions.
    (1) The period in which the inlet to the control device will contain 
at least 50 percent of the maximum HAP load (in lb) capable of being 
vented to the control device over any 8 hour period. An emission profile 
as described in paragraph (b)(8)(ii)(A) of this section shall be used to 
identify the 8-hour period that includes the maximum projected HAP load.
    (2) A 1-hour period of time in which the inlet to the control device 
will contain the highest HAP mass loading rate, in lb/hr, capable of 
being vented to the control device. An emission profile as described in 
paragraph (b)(8)(ii)(A) of this section shall be used to identify the 1-
hour period of maximum HAP loading.
    (3) The period of time when the HAP loading or stream composition 
(including non-HAP) is most challenging for the control device. These 
conditions include, but are not limited to the following:
    (i) Periods when the stream contains the highest combined VOC and 
HAP load, in lb/hr, described by the emission profiles in paragraph 
(b)(8)(ii) of this section;
    (ii) Periods when the streams contain HAP constituents that approach 
limits of solubility for scrubbing media;
    (iii) Periods when the streams contain HAP constituents that 
approach limits of adsorptivity for carbon adsorption systems.
    (B) Hypothetical worst-case conditions are simulated test conditions 
that, at a minimum, contain the highest hourly HAP load of emissions 
that would be predicted to be vented to the control device from the 
emissions profile described in paragraph (b)(8)(ii)(B) or (C) of this 
section.
    (ii) Emissions profile. The owner or operator may choose to perform 
tests only during those periods of the worst-case conditions that the 
owner or operator selects to control as part of achieving the required 
emission reduction. The owner or operator must develop an emission 
profile for the vent to the control device that describes the 
characteristics of the vent stream at the inlet to the control device 
under worst case conditions. The emission profile shall be developed 
based on any one of the procedures described in (b)(8)(ii)(A) through 
(C) of this section, as required by paragraph (b)(8)(i).
    (A) Emission profile by process. The emission profile must consider 
all emission episodes that could contribute to the vent stack for a 
period of time that is sufficient to include all processes venting to 
the stack and shall consider production scheduling. The profile shall 
describe the HAP load to the device that equals the highest sum of 
emissions from the episodes that can vent to the control device in any 
given hour. Emissions per episode shall be calculated using the 
procedures specified in paragraph (d)(2) of this section. Emissions per 
episode shall be divided by the duration of the episode only if the 
duration of the episode is longer than 1 hour.
    (B) Emission profile by equipment. The emission profile must consist 
of emissions that meet or exceed the highest emissions, in lb/hr, that 
would be expected under actual processing conditions. The profile shall 
describe equipment configurations used to generate the emission events, 
volatility of materials processed in the equipment, and the rationale 
used to identify and characterize the emission events. The emissions may 
be based on using a compound more volatile than compounds actually used 
in the process(es), and the emissions may be generated from all 
equipment in the process(es) or only selected equipment.
    (C) Emission profile by capture and control device limitation. The 
emission profile shall consider the capture and control system 
limitations and the highest emissions, in lb/hr, that can be routed

[[Page 175]]

to the control device, based on maximum flowrate and concentrations 
possible because of limitations on conveyance and control equipment 
(e.g., fans, LEL alarms and safety bypasses).
    (iii) Three runs, at a minimum of 1 hour each and a maximum of 8 
hours each, are required for performance testing. Each run must occur 
over the same worst-case conditions, as defined in paragraph (b)(8)(i) 
of this section.
    (9) Testing requirements for condensers. For emission streams 
controlled using condensers, continuous direct measurement of condenser 
outlet gas temperature to be used in determining concentrations per the 
design evaluation described in Sec. 63.1257(a)(1)(iii) is required.
    (10) Wastewater testing. Wastewater analysis shall be conducted in 
accordance with paragraph (b)(10)(i), (ii), (iii), (iv), or (v) of this 
section.
    (i) Method 305. Use procedures specified in Method 305 of 40 CFR 
part 63, appendix A, and comply with requirements specified in paragraph 
(b)(10)(vi) of this section.
    (ii) EPA Method 624, 625, 1624, 1625, 1666, or 1671. Use procedures 
specified in EPA Method 624, 625, 1624, 1625, 1666, or 1671 of 40 CFR 
part 136, appendix A, and comply with requirements in paragraph 
(b)(10)(vi) of this section.
    (iii) Method 8260 or 8270. Use procedures specified in Method 8260 
or 8270 in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846, Third Edition, September 1986, as 
amended by Update I, November 15, 1992. As an alternative, an owner or 
operator may use any more recent, updated version of Method 8260 or 8270 
approved by the EPA. For the purpose of using Method 8260 or 8270 to 
comply with this subpart, the owner or operator must maintain a formal 
quality assurance program consistent with either Section 8 of Method 
8260 or Method 8270, and this program must include the following 
elements related to measuring the concentrations of volatile compounds:
    (A) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (B) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (C) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
material source before or during sampling with compounds having similar 
chemical characteristics to the target analytes.
    (iv) Other EPA methods. Use procedures specified in the method, 
validate the method using the procedures in paragraph (b)(10)(iv)(A) or 
(B) of this section, and comply with the procedures in paragraph 
(b)(10)(vi) of this section.
    (A) Validate the method according to section 5.1 or 5.3 of Method 
301 of 40 CFR part 63, appendix A.
    (B) Follow the procedure as specified in ``Alternative Validation 
Procedure for EPA Waste Methods'' 40 CFR part 63, appendix D.
    (v) Methods other than an EPA method. Use procedures specified in 
the method, validate the method using the procedures in paragraph 
(b)(10)(iv)(A) of this section, and comply with the requirements in 
paragraph (b)(10)(vi) of this section.
    (vi) Sampling plan. The owner or operator shall prepare a sampling 
plan. Wastewater samples shall be collected using sampling procedures 
which minimize loss of organic compounds during sample collection and 
analysis and maintain sample integrity. The sample plan shall include 
procedures for determining recovery efficiency of the relevant partially 
soluble and soluble HAP compounds. An example of an acceptable sampling 
plan would be one that incorporates similar sampling and sample handling 
requirements to those of Method 25D of 40 CFR part 60, appendix A. The 
sampling plan shall be maintained at the facility.
    (c) Initial compliance with storage tank provisions. The owner or 
operator of an affected storage tank shall demonstrate initial 
compliance with Sec. 63.1253(b) or (c), as applicable, by fulfilling 
the requirements of paragraph (c)(1),or (c)(2), or (c)(3) of this 
section.

[[Page 176]]

    (1) Performance test. If this option is chosen to demonstrate 
initial compliance with the percent reduction requirement of Sec. 
63.1253(b)(1) or (c)(1)(i), the efficiency of the control device shall 
be calculated using performance test data as specified in paragraphs 
(c)(1)(i) through (iii) of this section. To demonstrate initial 
compliance with the outlet concentration requirements in Sec. 
63.1253(b)(2) and (c)(2), the owner or operator must conduct a 
performance test and fulfill the requirements of paragraph (a)(6) of 
this section.
    (i) Equations 8 and 9 of this subpart shall be used to calculate the 
mass rate of total HAP reasonably expected maximum filling rate at the 
inlet and outlet of the control device for standard conditions of 20 
[deg]C: where:
[GRAPHIC] [TIFF OMITTED] TR21SE98.005

[GRAPHIC] [TIFF OMITTED] TR21SE98.006

where:

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

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

where:

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

    (iii) A performance test is not required to be conducted if the 
control device used to comply with Sec. 63.1253 (storage tank 
provisions) is also used to comply with Sec. 63.1254 (process vent 
provisions), and compliance with Sec. 63.1254 has been demonstrated in 
accordance with paragraph (d) of this section.
    (2) Design evaluation. If this option is chosen to demonstrate 
initial compliance with the percent reduction requirement of Sec. 
63.1253(b) or (c), a design evaluation shall be prepared in accordance 
with the provisions in paragraph (a)(1) of this section. The design 
evaluation shall include documentation demonstrating that the control 
device being used achieves the required control efficiency during 
reasonably expected maximum filling rate.
    (3) Floating roof. If the owner or operator of an affected source 
chooses to comply with the provisions of Sec. 63.1253(b) or (c) by 
installing a floating roof, the owner or operator shall comply with the 
procedures described in Sec. Sec. 63.119(b), (c), (d), and 63.120(a), 
(b), and (c), with the differences noted in paragraphs (c)(3)(i) through 
(v) of this section for the purposes of this subpart.
    (i) When the term ``storage vessel'' is used in Sec. Sec. 63.119 
and 63.120, the definition of ``storage tank'' in Sec. 63.1251 shall 
apply for the purposes of this subpart.
    (ii) When December 31, 1992 is referred to in Sec. 63.119, April 2, 
1997 shall apply instead for the purposes of this subpart.
    (iii) When April 22, 1994 is referred to in Sec. 63.119, September 
21, 1998 shall apply instead for the purposes of this subpart.
    (iv) When the phrase ``the compliance date specified in Sec. 63.100 
of subpart F of this part'' is referred to in Sec. 63.120, the phrase 
``the compliance date specified in Sec. 63.1250'' shall apply for the 
purposes of this subpart.

[[Page 177]]

    (v) When the phrase ``the maximum true vapor pressure of the total 
organic HAP's in the stored liquid falls below the values defining Group 
1 storage vessels specified in table 5 or table 6 of this subpart'' is 
referred to in Sec. 63.120(b)(1)(iv), the phrase ``the maximum true 
vapor pressure of the total organic HAP in the stored liquid falls below 
13.1 kPa'' shall apply for the purposes of this subpart.
    (4) Initial compliance with alternative standard. Initial compliance 
with Sec. 63.1253(d) is demonstrated by fulfilling the requirements of 
paragraph (a)(5) of this section.
    (5) Planned maintenance. The owner or operator shall demonstrate 
compliance with the requirements of Sec. 63.1253(e) by including the 
periods of planned routine maintenance specified by date and time in 
each Periodic Report required by Sec. 63.1260.
    (d) Initial compliance with process vent provisions. An owner or 
operator of an affected source complying with the process vent standards 
in Sec. 63.1254 shall demonstrate compliance using the procedures 
described in paragraphs (d)(1) through (4) of this section.
    (1) Except as provided in paragraph (a)(4) of this section, initial 
compliance with the process vent standards in Sec. 63.1254 shall be 
demonstrated using the procedures specified in paragraphs (d)(1)(i) 
through (iv), as applicable.
    (i) Initial compliance with Sec. 63.1254(a)(2)(i) is demonstrated 
when the actual emissions of HAP from the sum of all process vents 
within a process is less than or equal to 900 kg/yr. Initial compliance 
with Sec. 63.1254(a)(2)(ii) is demonstrated when the actual emissions 
of HAP from the sum of all process vents in compliance with Sec. 
63.1254(a)(2)(i) is less than or equal to 1,800 kg/yr. Uncontrolled HAP 
emissions and controlled HAP emissions shall be determined using the 
procedures described in paragraphs (d)(2) and (3) of this section. 
Controlled emissions during periods of planned routine maintenance of a 
CCCD as specified in Sec. 63.1252(h), must be calculated assuming the 
HAP emissions are reduced by 93 percent.
    (ii) Initial compliance with the percent reduction requirements in 
Sec. 63.1254(a)(1)(i), (a)(3), and (b) is demonstrated by:
    (A) Determining controlled HAP emissions using the procedures 
described in paragraph (d)(3) of this section, and uncontrolled HAP 
emissions determined using the procedures described in paragraph (d)(2) 
of this section, and demonstrating that the reductions required by Sec. 
63.1254(a)(1)(i), (a)(3), and (b) are met; or
    (B) Controlling the process vents using a device meeting the 
criteria specified in paragraph (a)(4) of this section.
    (iii) Initial compliance with the outlet concentration requirements 
in Sec. 63.1254(a)(1)(ii)(A), (a)(3), and (b)(1) is demonstrated when 
the outlet TOC concentration is 20 ppmv or less and the outlet hydrogen 
halide and halogen concentration is 20 ppmv or less. The owner or 
operator shall demonstrate compliance by fulfilling the requirements in 
paragraph (a)(6) of this section.
    (iv) Initial compliance with Sec. 63.1254(c) is demonstrated by 
fulfilling the requirements of paragraph (a)(5) of this section.
    (2) Uncontrolled emissions. An owner or operator of an affected 
source complying with the emission limitation required by Sec. 
63.1254(a)(1), or emissions reductions specified in Sec. 63.1254(a)(2), 
(a)(3), or (b), for each process vent within a process, shall calculate 
uncontrolled emissions from all equipment in the process according to 
the procedures described in paragraph (d)(2)(i) or (ii) of this section, 
as appropriate.
    (i) Emission estimation procedures. Owners or operators shall 
determine uncontrolled emissions of HAP using measurements and/or 
calculations for each batch emission episode within each unit operation 
according to the engineering evaluation methodology in paragraphs 
(d)(2)(i)(A) through (H) of this section. Except where variations are 
noted, individual HAP partial pressures in multicomponent systems shall 
be determined by the following methods: If the components are miscible 
in one another, use Raoult's law to calculate the partial pressures; if 
the solution is a dilute aqueous mixture, use Henry's law to calculate 
partial pressures; if Raoult's law or Henry's law

[[Page 178]]

are not appropriate or available, use experimentally obtained activity 
coefficients or models such as the group-contribution models, to predict 
activity coefficients, or assume the components of the system behave 
independently and use the summation of all vapor pressures from the HAP 
as the total HAP partial pressure. Chemical property data can be 
obtained from standard reference texts.
    (A) Vapor displacement. Emissions from vapor displacement due to 
transfer of material shall be calculated using Equation 11 of this 
subpart. The individual HAP partial pressures may be calculated using 
Raoult's law.
[GRAPHIC] [TIFF OMITTED] TR21SE98.008

where:

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

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

Where:

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

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

[[Page 179]]

[GRAPHIC] [TIFF OMITTED] TR29AU00.004

[GRAPHIC] [TIFF OMITTED] TR21SE98.011

[GRAPHIC] [TIFF OMITTED] TR21SE98.012

[GRAPHIC] [TIFF OMITTED] TR21SE98.013

[GRAPHIC] [TIFF OMITTED] TR21SE98.014

Where:

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

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

[[Page 180]]

point. In the calculation of [Delta][eta] for Equation 13 of this 
subpart, T2 must be the temperature 10 K below the boiling 
point, and Pa2 must be determined at the temperature 10 K 
below the boiling point.
    (ii) Use Equation 14 of this subpart. In Equation 14 of this 
subpart, the HAP partial pressures must be deter mined at the 
temperature 10 K below the boiling point. In the calculation of 
[Delta][eta] for Equation 14 of this subpart, T2 must be the 
temperature 10 K below the boiling point, and Pa2 must be 
determined at the temperature 10 K below the boiling point. In the 
calculation of MWHAP, the HAP partial pressures must be 
determined at the temperature 10 K below the boiling point.
    (iii) Use Equation 14 of this subpart over specific temperature 
increments. If the initial temperature is lower than 10 K below the 
boiling point, emissions must be calculated as the sum over two 
increments; one increment is from the initial temperature to 10 K below 
the boiling point, and the second is from 10 K below the boiling point 
to the lower of either the final temperature or the temperature 5 K 
below the boiling point. If the initial temperature is higher than 10 K 
below the boiling point, emissions are calculated over one increment 
from the initial temperature to the lower of either the final 
temperature or the temperature 5 K below the boiling point.
    (3)(i) Emissions caused by heating a vessel are calculated using 
Equation 18 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.015

Where:

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

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

Where:

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

    (iii) The difference in the number of moles of condensable in the 
vessel headspace between the initial and final temperatures is 
calculated using Equation 20 of this subpart.

[[Page 181]]

[GRAPHIC] [TIFF OMITTED] TR21SE98.017

Where:

V = volume of free space in vessel
R = ideal gas law constant
T1 = initial temperature in the vessel
T2 = final temperature in the vessel
Pi, 1 = partial pressure of the individual HAP compounds at 
T1
Pi, 2 = partial pressure of the individual HAP compounds at 
T2
n = number of HAP compounds in the emission stream

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

[GRAPHIC] [TIFF OMITTED] TR21SE98.019

Where:

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

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

[GRAPHIC] [TIFF OMITTED] TR21SE98.021

Where:

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

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

[[Page 182]]

[GRAPHIC] [TIFF OMITTED] TR29AU00.005

Where:

nRi = average ratio of moles of noncondensable to moles of 
individual HAP
Pnc1 = initial partial pressure of the noncondensable gas, as 
calculated using Equation 23 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as 
calculated using Equation 24 of this subpart
Pi* = vapor pressure of each individual HAP
xi = mole fraction of each individual HAP in the liquid 
phase.
n = number of HAP compounds
i = identifier for a HAP compound

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

Where:

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

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

Where:

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

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

[GRAPHIC] [TIFF OMITTED] TR21SE98.026

Where:

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

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

[[Page 183]]

[GRAPHIC] [TIFF OMITTED] TR21SE98.027

where:

nHAP = moles of HAP emitted
n1 = initial number of moles of noncondensable gas in the 
vessel, as calculated using Equation 28 of this subpart
n2 = final number of moles of noncondensable gas in the 
vessel, as calculated using Equation 29 of this subpart

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

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

where:

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

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

Where:

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

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

Where:

E = mass of HAP emitted
Psystem = absolute pressure of receiving vessel or ejector 
outlet conditions, if there is no receiver
Pi = partial pressure of the HAP at the receiver temperature 
or the ejector outlet conditions
Pj = partial pressure of condensable (including HAP) at the 
receiver temperature or the ejector outlet conditions

[[Page 184]]

La = total air leak rate in the system, mass/time
MWnc = molecular weight of noncondensable gas
t = time of vacuum operation
MWi = molecular weight of the individual HAP in the emission 
stream, with HAP partial pressures calculated at the temperature of the 
receiver or ejector outlet, as appropriate

    (F) Gas evolution. Emissions from gas evolution shall be calculated 
using Equation 12 of this subpart with V calculated using Equation 34 of 
this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.030

Where:

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

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

Where:

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

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

Where:

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

    (ii) Engineering assessments. The owner or operator shall conduct an 
engineering assessment to calculate uncontrolled HAP emissions for each 
emission episode that is not due to vapor displacement, purging, 
heating, depressurization, vacuum operations, gas evolution, or air 
drying. For emission episodes caused by any of these types of 
activities, the owner or operator also may calculate uncontrolled HAP 
emissions based on an engineering assessment if the owner or operator 
can demonstrate to the Administrator that the methods in paragraph 
(d)(2)(i) of this section are not appropriate. Modified versions of the 
engineering

[[Page 185]]

evaluation methods in paragraphs (d)(2)(i)(A) through (H) may be used if 
the owner or operator demonstrates that they have been used to meet 
other regulatory obligations, and they do not affect applicability 
assessments or compliance determinations under this subpart GGG. One 
criterion the owner or operator could use to demonstrate that the 
methods in paragraph (d)(2)(i) of this section are not appropriate is if 
previous test data are available that show a greater than 20 percent 
discrepancy between the test value and the estimated value. An 
engineering assessment includes, but is not limited to, the following:
    (A) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, HAP emission rate, concentration, or other 
relevant parameter specified or implied within a permit limit applicable 
to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations.
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities.
    (3) Estimation of HAP concentrations based on saturation conditions.
    (E) All data, assumptions, and procedures used in the engineering 
assessment shall be documented in accordance with Sec. 63.1260(e). Data 
or other information supporting a finding that the emissions estimation 
equations are inappropriate shall be reported in the Precompliance 
report.
    (3) Controlled emissions. An owner or operator shall determine 
controlled emissions using the procedures in either paragraph (d)(3)(i) 
or (ii) of this section.
    (i) Small control devices. Except for condensers, controlled 
emissions for each process vent that is controlled using a small control 
device shall be determined by using the design evaluation described in 
paragraph (d)(3)(i)(A) of this section, or conducting a performance test 
in accordance with paragraph (d)(3)(ii) of this section. Whenever a 
small control device becomes a large control device, the owner or 
operator must comply with the provisions in paragraph (d)(3)(ii) of this 
section and submit the test report in the next Periodic report.
    (A) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency under worst-case conditions, as 
determined from the emission profile described in Sec. 
63.1257(b)(8)(ii). The control efficiency determined from this design 
evaluation shall be applied to uncontrolled emissions to estimate 
controlled emissions. The documentation must be conducted in accordance 
with the provisions in paragraph (a)(1) of this section. The design 
evaluation shall also include the value(s) and basis for the 
parameter(s) monitored under Sec. 63.1258.
    (B) Emission estimation equations. An owner or operator using a 
condenser as a control device shall determine controlled emissions using 
exhaust gas temperature measurements and calculations for each batch 
emission episode within each unit operation according to the engineering 
methodology in paragraphs (d)(3)(i)(B)(1) through (8) of this section. 
Individual HAP partial pressures shall be calculated as specified in 
paragraph (d)(2)(i) of this section.
    (1) Emissions from vapor displacement shall be calculated using 
Equation 11 of this subpart with T set equal to the temperature of the 
receiver and the HAP partial pressures determined at the temperature of 
the receiver.
    (2) Emissions from purging shall be calculated using Equation 12 of 
this subpart with T set equal to the temperature of the receiver and the 
HAP partial pressures determined at the temperature of the receiver.
    (3) Emissions from heating shall be calculated using either Equation 
13 of this subpart or Equation 37 of this subpart. In Equation 13, the 
HAP vapor pressures shall be determined at the

[[Page 186]]

temperature of the receiver. In Equations 13 and 37 of this subpart, 
[Delta][eta] is equal to the number of moles of noncondensable displaced 
from the vessel, as calculated using Equation 15 of this subpart. In 
Equations 13 and 37 of this subpart, the HAP average molecular weight 
shall be calculated using Equation 17 with the HAP partial pressures 
determined at the temperature of the receiver.
[GRAPHIC] [TIFF OMITTED] TR21SE98.033

Where:

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

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

Where:

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

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

[GRAPHIC] [TIFF OMITTED] TR21SE98.036

Where:

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

    (iii) Initial and final partial pressures of the noncondensable gas 
in the vessel are determined using Equations 41 and 42 of this subpart.

[[Page 187]]

[GRAPHIC] [TIFF OMITTED] TR21SE98.037

[GRAPHIC] [TIFF OMITTED] TR21SE98.038

Where:

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

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

Where:

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

    (ii) Large control devices. Except for condensers, controlled 
emissions for each process vent that is controlled using a large control 
device shall be determined by applying the control efficiency of the 
large control device to the estimated uncontrolled emissions. The 
control efficiency shall be determined by conducting a performance test 
on the control device as described in paragraphs (d)(3)(ii)(A) through 
(C) of this section, or by using the results of a previous performance 
test as described in paragraph (d)(4) of this section. If the control 
device is intended to control only hydrogen halides and halogens, the 
owner or operator may assume the control efficiency of organic HAP is 
zero percent. If the control device is intended to control only organic 
HAP, the owner or operator may assume the control efficiency for 
hydrogen halides and halogen is zero percent. Owners and operators are 
not required to conduct performance tests for devices described in 
paragraphs (a)(4) and (d)(4) of this section that are large control 
devices, as defined in Sec. 63.1251.
    (A) The performance test shall be conducted by performing emission 
testing on the inlet and outlet of the control device following the test 
methods and procedures of Sec. 63.1257(b). Concentrations shall be 
calculated from the data obtained through emission testing according to 
the procedures in paragraph (a)(2) of this section.

[[Page 188]]

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

[[Page 189]]

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

[[Page 190]]

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

[[Page 191]]

in (e)(2)(iii)(A)(4)(i), (ii), or (iii) of this section are not required 
to be included in the performance test. Concentration measurements based 
on Method 305 shall be adjusted by dividing each concentration by the 
compound-specific Fm factor listed in Table 8 of this subpart. 
Concentration measurements based on methods other than Method 305 shall 
not be adjusted by the compound-specific Fm factor listed in Table 8 of 
this subpart.
    (i) Compounds not used or produced by the PMPU; or
    (ii) Compounds with concentrations at the POD that are below 1 ppmw; 
or
    (iii) Compounds with concentrations at the POD that are below the 
lower detection limit where the lower detection limit is greater than 1 
ppmw. The method shall be an analytical method for wastewater which has 
the compound of interest as a target analyte.
    (5) Treatment using a series of treatment processes. In all cases 
where the wastewater provisions in this subpart allow or require the use 
of a treatment process to comply with emissions limitations, the owner 
or operator may use multiple treatment processes. The owner or operator 
complying with the requirements of Sec. 63.1256(g)(7)(i), when 
wastewater is conveyed by hard-piping, shall comply with either 
paragraph (e)(2)(iii)(A)(5)(i) or (ii) of this section. The owner or 
operator complying with the requirements of Sec. 63.1256(g)(7)(ii) 
shall comply with the requirements of paragraph (e)(2)(iii)(A)(5)(ii) of 
this section.
    (i) The owner or operator shall conduct the performance test across 
each series of treatment processes. For each series of treatment 
processes, inlet concentration and flow rate shall be measured either 
where the wastewater enters the first treatment process in a series of 
treatment processes, or prior to the first treatment process as 
specified in paragraph (e)(2)(iii)(A)(6) of this section. For each 
series of treatment processes, outlet concentration and flow rate shall 
be measured where the wastewater exits the last treatment process in the 
series of treatment processes, except when the last treatment process is 
an open or a closed aerobic biological treatment process demonstrating 
compliance by using the procedures in paragraphs (e)(2)(iii)(E) or (F) 
of this section. When the last treatment process is either an open or a 
closed aerobic biological treatment process demonstrating compliance by 
using the procedures in paragraphs (e)(2)(iii)(E) or (F) of this 
section, inlet and outlet concentrations and flow rates shall be 
measured at the inlet and outlet to the series of treatment processes 
prior to the biological treatment process and at the inlet to the 
biological treatment process, except as provided in paragraph 
(e)(2)(iii)(A)(6)(ii) of this section. The mass flow rate destroyed in 
the biological treatment process for which compliance is demonstrated 
using paragraph (e)(2)(iii)(E) or (F) of this section shall be added to 
the mass flow rate removed or destroyed in the series of treatment units 
before the biological treatment unit. This sum shall be used to 
calculate the overall control efficiency.
    (ii) The owner or operator shall conduct the performance test across 
each treatment process in the series of treatment processes. The mass 
flow rate removed or destroyed by each treatment process shall be added 
together and the overall control efficiency calculated to determine 
whether compliance has been demonstrated using paragraphs 
(e)(2)(iii)(C), (D), (E), (F), or (G) of this section, as applicable. If 
a biological treatment process is one of the treatment processes in the 
series of treatment processes, the inlet to the biological treatment 
process shall be the point at which the wastewater enters the biological 
treatment process, or the inlet to the equalization tank if all the 
criteria of paragraph (e)(2)(iii)(A)(6)(ii) of this section are met.
    (6) The owner or operator determining the inlet for purposes of 
demonstrating compliance with paragraph (e)(2)(iii)(E), or (F)of this 
section may elect to comply with paragraph (e)(2)(iii)(A)(6)(i) or (ii) 
of this section.
    (i) When wastewater is conveyed exclusively by hard-piping from the 
point of determination to a treatment process that is either the only 
treatment process or the first in a series of treatment processes (i.e., 
no treatment processes or other waste management

[[Page 192]]

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

[[Page 193]]

sampling procedures which minimize loss of organic compounds during 
sample collection and analysis and maintain sample integrity per 
paragraph (b)(10)(vi) of this section. The method shall be an analytical 
method for wastewater which has the compound of interest as a target 
analyte. Samples may be grab samples or composite samples. Samples shall 
be taken at approximately equally spaced time intervals over a 1-hour 
period. Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of three runs. Concentration measurements 
based on Method 305 shall be adjusted by dividing each concentration by 
the compound-specific Fm factor listed in Table 8 of this subpart. 
Concentration measurements based on methods other than Method 305 shall 
not be adjusted by the compound-specific Fm factor listed in Table 8 of 
this subpart.
    (2) Flow rate. The flow rate of the entering and exiting wastewater 
streams shall be determined using inlet and outlet flow meters, 
respectively. Where the outlet flow is not greater than the inlet flow, 
a single flow meter may be used, and may be used at either the inlet or 
outlet. Flow rate measurements shall be taken at the same time as the 
concentration measurements.
    (3) Calculation of mass flow rate--for noncombustion, nonbiological 
treatment processes. The mass flow rates of partially soluble and/or 
soluble HAP compounds entering and exiting the treatment process are 
calculated using Equations 44 and 45 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.040

[GRAPHIC] [TIFF OMITTED] TR21SE98.041

Where:

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

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

Where:

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

    (5) Compare mass removal efficiency to required efficiency. Compare 
the mass removal efficiency (calculated in Equation 46 of this subpart) 
to the required efficiency as specified in Sec. 63.1256(g)(8)(ii) or 
(9)(ii). If complying with Sec. 63.1256(g)(8)(ii), compliance is 
demonstrated if the mass removal efficiency is 99 percent or greater. If 
complying with Sec. 63.1256(g)(9)(ii), compliance is demonstrated if 
the mass removal efficiency is 90 percent or greater.
    (D) Combustion treatment processes: percent mass removal/destruction 
option. This paragraph applies to performance tests that are conducted 
to demonstrate compliance of a combustion

[[Page 194]]

treatment process with the percent mass destruction limits specified in 
Sec. 63.1256(g)(8)(ii) for partially soluble HAP compounds, and/or 
Sec. 63.1256(g)(9)(ii) for soluble HAP compounds. The owner or operator 
shall comply with the requirements specified in paragraphs 
(e)(2)(iii)(D)(1) through (8) of this section.
    (1) Concentration in wastewater stream entering the combustion 
treatment process. The concentration of partially soluble and/or soluble 
HAP compounds entering the treatment process shall be determined as 
provided in this paragraph. Wastewater samples shall be collected using 
sampling procedures which minimize loss of organic compounds during 
sample collection and analysis and maintain sample integrity per 
paragraph (b)(10)(vi) of this section. The method shall be an analytical 
method for wastewater which has the compound of interest as a target 
analyte. Samples may be grab samples or composite samples. Samples shall 
be taken at approximately equally spaced time intervals over a 1-hour 
period. Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of three runs. Concentration measurements 
based on Method 305 of appendix A of this part shall be adjusted by 
dividing each concentration by the compound-specific Fm factor listed in 
Table 8 of this subpart. Concentration measurements based on methods 
other than Method 305 shall not be adjusted by the compound-specific Fm 
factor listed in Table 8 of this subpart.
    (2) Flow rate of wastewater entering the combustion treatment 
process. The flow rate of the wastewater stream entering the combustion 
treatment process shall be determined using an inlet flow meter. Flow 
rate measurements shall be taken at the same time as the concentration 
measurements.
    (3) Calculation of mass flow rate in wastewater stream entering 
combustion treatment processes. The mass flow rate of partially soluble 
and/or soluble HAP compounds entering the treatment process is 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.043

Where:

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

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

[[Page 195]]

of partially soluble and/or soluble HAP compounds in a vented gas stream 
exiting the combustion treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.044

Where:

QMGb = mass rate of TOC (minus methane and ethane) or total 
partially soluble and/or soluble HAP, in vented gas stream, exiting 
(QMGb) the combustion device, dry basis, kg/hr
CGb, i = concentration of TOC (minus methane and ethane) or 
total partially soluble and/or soluble HAP, in vented gas stream, 
exiting (CGb, i) the combustion device, dry basis, ppmv
MWi = molecular weight of a component, kilogram/kilogram-mole
QGb = flow rate of gas stream exiting (QGb) the 
combustion device, dry standard cubic meters per hour
K2 = constant, 41.57x10-9 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter) 
is 20 [deg]C
i = identifier for a compound
n = number of components in the sample

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

Where:

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

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

[[Page 196]]

provided in paragraph (e)(2)(iii)(A)(5) of this section for a series of 
treatment processes. Flow rate shall be determined using inlet and 
outlet flow measurement devices. Where the outlet flow is not greater 
than the inlet flow, a single flow measurement device may be used, and 
may be used at either the inlet or outlet. Flow rate measurements shall 
be taken at the same time as the concentration measurements.
    (3) Destruction efficiency. The owner or operator shall comply with 
the provisions in either paragraph (e)(2)(iii)(E)(3)(i) or (ii) of this 
section. Compliance is demonstrated if the destruction efficiency, E, is 
equal to or greater than 95 percent.
    (i) If the performance test is performed across the open or closed 
biological treatment system only, compliance is demonstrated if E is 
equal to Fbio, where E is the destruction efficiency of 
partially soluble and/or soluble HAP compounds and Fbio is 
the site-specific fraction of partially soluble and/or soluble HAP 
compounds biodegraded. Fbio shall be determined as specified 
in paragraph (e)(2)(iii)(E)(4) of this section and appendix C of subpart 
G of this part.
    (ii) If compliance is being demonstrated in accordance with 
paragraphs (e)(2)(iii)(A)(5)(i) or (ii) of this section, the removal 
efficiency shall be calculated using Equation 50 of this subpart. When 
complying with paragraph (e)(2)(iii)(A)(5)(i) of this section, the 
series of nonbiological treatment processes comprise one treatment 
process segment. When complying with paragraph (e)(2)(iii)(A)(5)(ii) of 
this section, each nonbiological treatment process is a treatment 
process segment.
[GRAPHIC] [TIFF OMITTED] TR21SE98.046

Where:

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

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

[[Page 197]]

Table 3 of this subpart using the defaults for first order 
biodegradation rate constants (K1) in Table 9 of this subpart 
and follow the procedure explained in Form III of appendix C, 40 CFR 
part 63, or any of the procedures specified in appendix C of 40 CFR part 
63.
    (F) Open or closed aerobic biological treatment processes: percent 
removal for partially soluble or soluble HAP compounds. This paragraph 
applies to the use of performance tests that are conducted for open or 
closed aerobic biological treatment processes to demonstrate compliance 
with the percent removal provisions for either partially soluble HAP 
compounds in Sec. 63.1256(g)(8)(ii) or soluble HAP compounds in Sec. 
63.1256(g)(9)(ii) or (g)(12). The owner or operator shall comply with 
the provisions in paragraph (e)(2)(iii)(E) of this section, except that 
compliance with Sec. 63.1256(g)(8)(ii) shall be demonstrated when E is 
equal to or greater than 99 percent, compliance with Sec. 
63.1256(g)(9)(ii) shall be demonstrated when E is equal to or greater 
than 90 percent, and compliance with Sec. 63.1256(g)(12) shall be 
demonstrated when E is equal to or greater than 99 percent.
    (G) Closed biological treatment processes: percent mass removal 
option. This paragraph applies to the use of performance tests that are 
conducted for closed biological treatment processes to demonstrate 
compliance with the percent removal provisions in Sec. Sec. 
63.1256(g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12). The owner or 
operator shall comply with the requirements specified in paragraphs 
(e)(2)(iii)(G) (1) through (4) of this section.
    (1) Comply with the procedures specified in paragraphs 
(e)(2)(iii)(C) (1) through (3) of this section to determine 
characteristics of the wastewater entering the biological treatment 
unit, except that the term ``partially soluble and/or soluble HAP'' 
shall mean ``soluble HAP'' for the purposes of this section if the owner 
or operator is complying with Sec. 63.1256(g)(9)(ii) or (g)(12), and it 
shall mean ``partially soluble HAP'' if the owner or operator is 
complying with Sec. 63.1256(g)(8)(ii).
    (2) Comply with the procedures specified in paragraphs 
(e)(2)(iii)(D) (4) through (6) of this section to determine the 
characteristics of gas vent streams exiting a control device, with the 
differences noted in paragraphs (e)(2)(iii)(G)(3) (i) and (ii) of this 
section.
    (i) The term ``partially soluble and/or soluble HAP'' shall mean 
``soluble HAP'' for the purposes of this section if the owner or 
operator is complying with Sec. 63.1256(g)(9)(ii) or (g)(12), and it 
shall mean ``partially soluble HAP'' if the owner or operator is 
complying with Sec. 63.1256(g)(8)(ii).
    (ii) The term ``combustion treatment process'' shall mean ``control 
device'' for the purposes of this section.
    (3) Percent removal/destruction calculation. The percent removal and 
destruction across the treatment unit and any control device(s) shall be 
calculated using Equation 51 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.047

Where:

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

    (4) Compare mass removal/destruction efficiency to required 
efficiency. Compare the mass removal/destruction efficiency (calculated 
using Equation 51 of this subpart) to the required efficiency as 
specified in Sec. 63.1256(g)(8)(ii),

[[Page 198]]

(g)(9)(ii), (g)(11), or (g)(12). If complying with Sec. 
63.1256(g)(8)(ii), compliance is demonstrated if the mass removal/
destruction is 99 percent or greater. If complying with Sec. 
63.1256(g)(9)(ii), compliance is demonstrated if the mass removal/
destruction efficiency is 90 percent or greater. If complying with Sec. 
63.1256(g)(11), compliance is demonstrated if the mass removal/
destruction efficiency is 95 percent or greater. If complying with Sec. 
63.1256(g)(12), compliance is demonstrated if the mass removal/
destruction efficiency is 99 percent or greater.
    (3) Compliance with control device provisions. Except as provided in 
paragraph (e)(3)(iv) of this section, an owner or operator shall 
demonstrate that each control device or combination of control devices 
achieves the appropriate conditions specified in Sec. 63.1256(h)(2) by 
using one or more of the methods specified in paragraphs (e)(3)(i), 
(ii), or (iii) of this section.
    (i) Performance test for control devices other than flares. This 
paragraph applies to performance tests that are conducted to demonstrate 
compliance of a control device with the efficiency limits specified in 
Sec. 63.1256(h)(2). If complying with the 95-percent reduction 
efficiency requirement, comply with the requirements specified in 
paragraphs (e)(3)(i) (A) through (J) of this section. If complying with 
the 20 ppm by volume requirement, comply with the requirements specified 
in paragraphs (e)(3)(i) (A) through (G) and (e)(3)(i)(J) of this 
section.
    (A) General. The owner or operator shall comply with the general 
performance test provisions in paragraphs (e)(2)(iii)(A) (1) through (4) 
of this section, except that the term ``treatment unit'' shall mean 
``control device'' for the purposes of this section.
    (B) Sampling sites. Sampling sites shall be selected using Method 1 
or 1A of 40 CFR part 60, appendix A, as appropriate. For determination 
of compliance with the 95 percent reduction requirement, sampling sites 
shall be located at the inlet and the outlet of the control device. For 
determination of compliance with the 20 ppmv limit, the sampling site 
shall be located at the outlet of the control device.
    (C) Concentration in gas stream entering or exiting the control 
device. The concentration of total organic HAP or TOC in a gas stream 
shall be determined as provided in this paragraph. Samples may be grab 
samples or composite samples (i.e., integrated samples). Samples shall 
be taken at approximately equally spaced time intervals over a 1-hour 
period. Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of three runs. Concentration measurements 
shall be determined using Method 18 of 40 CFR part 60, appendix A. 
Alternatively, any other test method validated according to the 
procedures in Method 301 of appendix A of this part may be used.
    (D) Volumetric flow rate of gas stream entering or exiting the 
control device. The volumetric flow rate of the gas stream shall be 
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, 
as appropriate. Volumetric flow rate measurements shall be taken at the 
same time as the concentration measurements.
    (E) Calculation of TOC concentration. The owner or operator shall 
compute TOC in accordance with the procedures in paragraph (a)(2) of 
this section.
    (F) Calculation of total organic HAP concentration. The owner or 
operator determining compliance based on total organic HAP concentration 
shall compute the total organic HAP concentration in accordance with the 
provisions in paragraph (a)(2) of this section.
    (G) Requirements for combustion control devices. If the control 
device is a combustion device, the owner or operator shall correct TOC 
and organic HAP concentrations to 3 percent oxygen in accordance with 
the provisions in paragraph (a)(3) of this section, and demonstrate 
initial compliance with the requirements for halogenated streams in 
accordance with paragraph (a)(6) of this section.
    (H) Mass rate calculation. The mass rate of either TOC (minus 
methane and ethane) or total organic HAP for each sample run shall be 
calculated using the following equations. Where the mass rate of TOC is 
being calculated, all organic compounds (minus methane and ethane) 
measured by methods specified in paragraph (e)(3)(i)(C) of this

[[Page 199]]

section are summed using Equations 52 and 53 of this subpart. Where the 
mass rate of total organic HAP is being calculated, only soluble and 
partially soluble HAP compounds shall be summed using Equations 52 and 
53.
[GRAPHIC] [TIFF OMITTED] TR21SE98.048

[GRAPHIC] [TIFF OMITTED] TR21SE98.049

Where:

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

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

Where:

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

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

[[Page 200]]

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

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

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

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

Where:

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

    (iii) Demonstration that the criteria in Sec. 63.1252(e)(3)(ii)(A) 
through (D) are met shall be accomplished through a description of the 
control device and of the material streams entering and exiting the 
control device.
    (iv) The annual reduction achieved by the add-on control shall be 
quantified using the methods described in Sec. 63.1257(d).
    (3) Each owner or operator of a PMPU complying with the P2 standard 
shall prepare a P2 demonstration summary that shall contain, at a 
minimum, the following information:
    (i) Descriptions of the methodologies and forms used to measure and 
record daily consumption of HAP compounds reduced as part of the P2 
standard.

[[Page 201]]

    (ii) Descriptions of the methodologies and forms used to measure and 
record daily production of products which are included in the P2 
standard.
    (iii) Supporting documentation for the descriptions provided in 
paragraphs (f)(3)(i) and (ii) including, but not limited to, operator 
log sheets and copies of daily, monthly, and annual inventories of 
materials and products.
    (g) Compliance with storage tank provisions by using emissions 
averaging. An owner or operator with two or more affected storage tanks 
may demonstrate compliance with Sec. 63.1253, as applicable, by 
fulfilling the requirements of paragraphs (g)(1) through (4) of this 
section.
    (1) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all the information required in Sec. 
63.1259(e) 6 months prior to the compliance date of the standard. The 
Administrator shall have 90 days to approve or disapprove the emissions 
averaging plan after which time the plan shall be considered approved.
    (2) The annual mass rate of total organic HAP (ETi, 
ETo) shall be calculated for each storage tank included in 
the emissions average using the procedures specified in paragraph 
(c)(1), (2), or (3) of this section.
    (3) Equations 57 and 58 of this subpart shall be used to calculate 
total HAP emissions for those tanks subject to Sec. 63.1253(b) or (c):
[GRAPHIC] [TIFF OMITTED] TR21SE98.051

[GRAPHIC] [TIFF OMITTED] TR21SE98.052

Where:

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

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

Where:

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

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

[GRAPHIC] [TIFF OMITTED] TR29AU00.010

Where:

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


[[Page 202]]


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

Where:

R = overall percent reduction efficiency
D = discount factor = 1.1 for all controlled emission points

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



Sec. 63.1258  Monitoring Requirements.

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

[[Page 203]]

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

[[Page 204]]

once every 15 minutes during the period in which the boiler or process 
heater is functioning in achieving the HAP removal required by this 
subpart.
    (1) The temperature monitoring device must be accurate to within 
0.75 percent of the temperature measured in 
degrees Celsius or 2.5 [deg]C, whichever is 
greater.
    (2) The temperature monitoring device must be calibrated annually.
    (B) The owner or operator is exempt from the monitoring requirements 
specified in paragraph (b)(1)(ix)(A) of this section if either:
    (1) All vent streams are introduced with primary fuel; or
    (2) The design heat input capacity of the boiler or process heater 
is 44 megawatts or greater.
    (x) Continuous emission monitor. As an alternative to the parameters 
specified in paragraphs (b)(1)(ii) through (ix) of this section, an 
owner or operator may monitor and record the outlet HAP concentration or 
both the outlet TOC concentration and outlet hydrogen halide and halogen 
concentration every 15 minutes during the period in which the control 
device is functioning in achieving the HAP removal required by this 
subpart. The owner or operator need not monitor the hydrogen halide and 
halogen concentration if, based on process knowledge, the owner or 
operator determines that the emission stream does not contain hydrogen 
halides or halogens. The HAP or TOC monitor must meet the requirements 
of Performance Specification 8 or 9 of appendix B of part 60 and must be 
installed, calibrated, and maintained, according to Sec. 63.8. As part 
of the QA/QC Plan, calibration of the device must include, at a minimum, 
quarterly cylinder gas audits.
    (xi) CVS visual inspections. The owner or operator shall perform 
monthly visual inspections of each closed vent system as specified in 
Sec. 63.1252(b).
    (2) Averaging periods. Averaging periods for parametric monitoring 
levels shall be established according to paragraphs (b)(2)(i) through 
(iii) of this section.
    (i) Except as provided in paragraph (b)(2)(iii) of this section, a 
daily (24-hour) or block average shall be calculated as the average of 
all values for a monitored parameter level set according to the 
procedures in (b)(3)(iii) of this section recorded during the operating 
day or block.
    (ii) The operating day or block shall be defined in the Notification 
of Compliance Status report. The daily average may be from midnight to 
midnight or another continuous 24-hour period. The block average is 
limited to a period of time that is, at a maximum, equal to the time 
from the beginning to end of a batch process.
    (iii) Monitoring values taken during periods in which the control 
devices are not functioning in controlling emissions, as indicated by 
periods of no flow, shall not be considered in the averages. Where flow 
to the device could be intermittent, the owner or operator shall 
install, calibrate and operate a flow indicator at the inlet or outlet 
of the control device to identify periods of no flow.
    (3) Procedures for setting parameter levels for control devices used 
to control emissions. (i) Small control devices. Except as provided in 
paragraph (b)(1)(i) of this section, for devices controlling less than 
10 tons per year of HAP for which a performance test is not required, 
the parametric levels shall be set based on the design evaluation 
required in Sec. 63.1257(d)(3)(i). If a performance test is conducted, 
the monitoring parameter level shall be established according to the 
procedures in (b)(3)(ii) of this section.
    (ii) Large control devices. For devices controlling greater than 10 
tons per year of HAP for which a performance test is required, the 
parameter level must be established as follows:
    (A) If the operating parameter level to be established is a maximum, 
it must be based on the average of the values from each of the three 
test runs.
    (B) If the operating parameter level to be established is a minimum, 
it must be based on the average of the values from each of the three 
test runs.
    (C) The owner or operator may establish the parametric monitoring 
level(s) based on the performance test supplemented by engineering 
assessments and manufacturer's recommendations. Performance testing is 
not required to be conducted over the entire range of

[[Page 205]]

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

[[Page 206]]

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

Where:

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

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

Where:

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

    (4) The owner or operator must install and operate a monitoring 
system for measuring system flowrate. The flowrate into the control 
device must be monitored and recorded at least once every hour. The 
system flowrate must be calculated as the average of all values measured 
during each 24-hour

[[Page 207]]

operating day. The flowrate monitoring device must be accurate to within 
5 percent of the system flowrate setpoint, and the flowrate monitoring 
device must be calibrated annually.
    (C) Flow rate evaluation for noncombustion devices. To demonstrate 
continuous compliance with the requirement to correct for supplemental 
gases as specified in Sec. 63.1257(a)(3)(ii) for noncombustion devices, 
the owner or operator must evaluate the volumetric flow rate of 
supplemental gases, Vs, and the volumetric flow rate of all 
gases, Va, each time a new operating scenario is implemented 
based on process knowledge and representative operating data. The 
procedures used to evaluate the flow rates, and the resulting correction 
factor used in Equation 7B of this subpart, must be included in the 
Notification of Compliance Status report and in the next Periodic report 
submitted after an operating scenario change.
    (6) Exceedances of operating parameters. An exceedance of an 
operating parameter is defined as one of the following:
    (i) If the parameter, averaged over the operating day or block, is 
below a minimum value established during the initial compliance 
demonstration.
    (ii) If the parameter, averaged over the operating day or block, is 
above the maximum value established during the initial compliance 
demonstration.
    (iii) Each loss of all pilot flames for flares.
    (7) Excursions. Excursions are defined by either of the two cases 
listed in paragraphs (b)(7)(i) or (ii) of this section.
    (i) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data, as defined in paragraph (b)(7)(iii) of 
this section, for at least 75 percent of the operating hours.
    (ii) When the period of control device operation is less than 4 
hours in an operating day and more than one of the hours during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iii) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (b)(7)(i) and (ii) of this section, if 
measured values are unavailable for any of the required 15-minute 
periods within the hour.
    (8) Violations. Exceedances of parameters monitored according to the 
provisions of paragraphs (b)(1)(ii), (iv) through (ix), and 
(b)(5)(ii)(A) and (B) of this section, or excursions as defined by 
paragraphs (b)(7)(i) through (iii) of this section, constitute 
violations of the operating limit according to paragraphs (b)(8)(i), 
(ii), and (iv) of this section. Exceedances of the temperature limit 
monitored according to the provisions of paragraph (b)(1)(iii) of this 
section or exceedances of the outlet concentrations monitored according 
to the provisions of paragraph (b)(1)(x) of this section constitute 
violations of the emission limit according to paragraphs (b)(8)(i), 
(ii), and (iv) of this section. Exceedances of the outlet concentrations 
monitored according to the provisions of paragraph (b)(5) of this 
section constitute violations of the emission limit according to the 
provisions of paragraphs (b)(8)(iii) and (iv) of this section.
    (i) Except as provided in paragraph (b)(8)(iv) of this section, for 
episodes occurring more than once per day, exceedances of established 
parameter limits or excursions will result in no more than one violation 
per operating day for each monitored item of equipment utilized in the 
process.
    (ii) Except as provided in paragraph (b)(8)(iv) of this section, for 
control devices used for more than one process in the course of an 
operating day, exceedances or excursions will result in no more than one 
violation per operating day, per control device, for each process for 
which the control device is in service.
    (iii) Except as provided in paragraph (b)(8)(iv) of this section, 
exceedances of the 20 or 50 ppmv TOC outlet emission limit, averaged 
over the operating day, will result in no more than one violation per 
day per control device. Except as provided in paragraph (b)(8)(iv) of 
this section, exceedances of the 20 or 50 ppmv hydrogen halide or 
halogen outlet emission limit, averaged over the operating day, will 
result in no more than one violation per day per control device.
    (iv) Periods of time when monitoring measurements exceed the 
parameter

[[Page 208]]

values as well as periods of inadequate monitoring data do not 
constitute a violation if they occur during a start-up, shutdown, or 
malfunction, and the facility operates in accordance with Sec. 
63.6(e)(1).
    (c) Monitoring for emission limits. The owner or operator of any 
affected source complying with the provisions of Sec. 63.1254(a)(2) 
shall demonstrate continuous compliance with the 900 and 1,800 kg/yr 
emission limits by calculating daily 365-day rolling summations of 
emissions. During periods of planned routine maintenance when emissions 
are controlled as specified in Sec. 63.1252(h), the owner or operator 
must calculate controlled emissions assuming the HAP emissions are 
reduced by 93 percent. For any owner or operator opting to switch 
compliance strategy from the 93 percent control requirement to the 
annual mass emission limit method, as described in Sec. 
63.1254(a)(1)(i), the rolling summations, beginning with the first day 
after the switch, must include emissions from the past 365 days.
    (d) Monitoring for equipment leaks. The owner or operator of any 
affected source complying with the requirements of Sec. 63.1255 of this 
subpart shall meet the monitoring requirements described Sec. 63.1255 
of this subpart.
    (e) Pollution prevention. The owner or operator of any affected 
source that chooses to comply with the requirements of Sec. Sec. 
63.1252(e)(2) and (3) shall calculate a yearly rolling average of kg HAP 
consumption per kg production and kg VOC consumption per kg production 
every month or every 10 batches. Each rolling average kg/kg factor that 
exceeds the value established in Sec. 63.1257(f)(1)(ii) will be 
considered a violation of the emission limit.
    (f) Emissions averaging. The owner or operator of any affected 
source that chooses to comply with the requirements of Sec. 63.1252(d) 
shall meet all monitoring requirements specified in paragraphs (b)(1) 
and (3) of this section, as applicable, for all processes and storage 
tanks included in the emissions average.
    (g) Inspection and monitoring of waste management units and 
treatment processes. (1) For each wastewater tank, surface impoundment, 
container, individual drain system, and oil-water separator that 
receives, manages, or treats wastewater, a residual removed from 
wastewater, a recycled wastewater, or a recycled residual removed from 
wastewater, the owner or operator shall comply with the inspection 
requirements specified in Table 7 of this subpart.
    (2) For each biological treatment unit used to comply with Sec. 
63.1256(g), the owner or operator shall monitor TSS, BOD, and the 
biomass concentration at a frequency approved by the permitting 
authority and using methods approved by the permitting authority. The 
owner or operator may request approval to monitor other parameters. The 
request shall be submitted in the Precompliance report according to the 
procedures specified in Sec. 63.1260(e), and shall include a 
description of planned reporting and recordkeeping procedures. The owner 
or operator shall include as part of the submittal the basis for the 
selected monitoring frequencies and the methods that will be used. The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the permit application or by other 
appropriate means.
    (3) For nonbiological treatment units, the owner or operator shall 
request approval to monitor appropriate parameters that demonstrate 
proper operation of the selected treatment process. The request shall be 
submitted in the Precompliance report according to the procedures 
specified in Sec. 63.1260(e), and shall include a description of 
planned reporting and recordkeeping procedures. The Administrator will 
specify appropriate reporting and recordkeeping requirements as part of 
the review of the permit application or by other appropriate means.
    (h) Leak inspection provisions for vapor suppression equipment. (1) 
Except as provided in paragraph (h)(9) and (10) of this section, for 
each vapor collection system, closed-vent system, fixed roof, cover, or 
enclosure required to comply with this section, the owner or operator 
shall comply with the requirements of paragraphs (h)(2) through (8) of 
this section.
    (2) Except as provided in paragraphs (h)(6) and (7) of this section, 
each vapor

[[Page 209]]

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

[[Page 210]]

    (4) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (h)(5) 
of this section.
    (i) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after 
the leak is detected, except as provided in paragraph (h)(4)(iii) of 
this section.
    (iii) For leaks found in vapor collection systems used for transfer 
operations, repairs shall be completed no later than 15 calendar days 
after the leak is detected or at the beginning of the next transfer 
loading operation, whichever is later.
    (5) Delay of repair of a vapor collection system, closed-vent 
system, fixed roof, cover, or enclosure for which leaks have been 
detected is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec. 63.1251, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the fugitive emissions likely to result from delay of 
repair. Repair of such equipment shall be complete by the end of the 
next shutdown.
    (6) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (h)(8) of this section, as unsafe to inspect are exempt from 
the inspection requirements of paragraphs (h)(2)(i), (ii), and (iii) of 
this section if:
    (i) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs 
(h)(2)(i), (ii), or (iii) of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (7) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (h)(8) of this section, as difficult to inspect are exempt 
from the inspection requirements of paragraphs (h)(2)(i), (ii), and 
(iii)(A) of this section if:
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (8) Records shall be maintained as specified in Sec. 63.1259(i) (4) 
through (9).
    (9) If a closed-vent system subject to this section is also subject 
to the equipment leak provisions of Sec. 63.1255, the owner or operator 
shall comply with the provisions of Sec. 63.1255 and is exempt from the 
requirements of this section.
    (10) Instead of complying with the provisions of paragraphs (h)(2) 
through (8) of this section, an owner or operator may design a closed-
vent system to operate at a pressure below atmospheric pressure. The 
system shall be equipped with at least one pressure gauge or other 
pressure measurement device that can be read from a readily accessible 
location to verify that negative pressure is being maintained in the 
closed-vent system when the associated control device is operating.
    (i) Planned routine maintenance. During periods of planned routine 
maintenance when organic HAP emissions are controlled as specified in 
Sec. 63.1252(h)(2), the owner or operator must monitor the condenser 
outlet gas temperature according to the procedures specified in 
paragraph (b)(1)(iii) of this section. During periods of planned routine 
maintenance when HCl emissions are controlled as specified in Sec. 
63.1252(h)(3), the owner or operator must monitor the pH of the scrubber 
effluent once per day.

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



Sec. 63.1259  Recordkeeping requirements.

    (a) Requirements of subpart A of this part. The owner or operator of 
an affected source shall comply with the recordkeeping requirements in 
subpart A of this part as specified in Table 1 of this subpart and in 
paragraphs (a)(1) through (5) of this section.

[[Page 211]]

    (1) Data retention. Each owner or operator of an affected source 
shall keep copies of all records and reports required by this subpart 
for at least 5 years, as specified in Sec. 63.10(b)(1).
    (2) Records of applicability determinations. The owner or operator 
of a stationary source that is not subject to this subpart shall keep a 
record of the applicability determination, as specified in Sec. 
63.10(b)(3).
    (3) Startup, shutdown, and malfunction plan. The owner or operator 
of an affected source shall develop a written startup, shutdown, and 
malfunction plan as specified in Sec. 63.6(e)(3). This plan shall 
describe, in detail, procedures for operating and maintaining the 
affected source during periods of startup, shutdown, and malfunction and 
a program for corrective action for malfunctioning process, air 
pollution control, and monitoring equipment used to comply with this 
subpart. The owner or operator of an affected source shall keep the 
current and superseded versions of this plan onsite, as specified in 
Sec. 63.6(e)(3)(v). The owner or operator shall keep the startup, 
shutdown, and malfunction records specified in paragraphs (a)(3)(i) 
through (iii) of this section. Reports related to the plan shall be 
submitted as specified in Sec. 63.1260(i).
    (i) The owner or operator shall record the occurrence and duration 
of each malfunction of the process operations or of air pollution 
control equipment used to comply with this subpart, as specified in 
Sec. 63.6(e)(3)(iii).
    (ii) The owner or operator shall record the occurrence and duration 
of each malfunction of continuous monitoring systems used to comply with 
this subpart.
    (iii) For each startup, shutdown, or malfunction, the owner or 
operator shall record all information necessary to demonstrate that the 
procedures specified in the affected source's startup, shutdown, and 
malfunction plan were followed, as specified in Sec. 63.6(e)(3)(iii); 
alternatively, the owner or operator shall record any actions taken that 
are not consistent with the plan, as specified in Sec. 63.6(e)(3)(iv).
    (4) Recordkeeping requirements for sources with continuous 
monitoring systems. The owner or operator of an affected source who 
elects to install a continuous monitoring system shall maintain records 
specified in Sec. 63.10(c)(1) through (14).
    (5) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec. 63.5 regarding construction and reconstruction, 
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H), (d)(2), 
and (d)(3)(ii).
    (b) Records of equipment operation. The owner or operator must keep 
the following records up-to-date and readily accessible:
    (1) Each measurement of a control device operating parameter 
monitored in accordance with Sec. 63.1258 and each measurement of a 
treatment process parameter monitored in accordance with Sec. 
63.1258(g)(2) and (3).
    (2) For processes subject to Sec. 63.1252(e), records of 
consumption, production, and the rolling average values of the 
production-indexed HAP and VOC consumption factors.
    (3) For each continuous monitoring system used to comply with this 
subpart, records documenting the completion of calibration checks and 
maintenance of continuous monitoring systems.
    (4) For purposes of compliance with the annual mass limits of Sec. 
63.1254(a)(2) and (b)(2), daily records of the rolling annual total 
emissions.
    (5) Records of the following, as appropriate:
    (i) For processes that are in compliance with the percent reduction 
requirements of Sec. 63.1254(a)(1) or (b)(1) and that contain vents 
controlled to less than the percent reduction requirement, the records 
specified in paragraphs (b)(5)(i)(A) through (C) of this section are 
required.
    (A) Standard batch uncontrolled and controlled emissions for each 
process;
    (B) Actual uncontrolled and controlled emissions for each 
nonstandard batch; and
    (C) A record whether each batch operated was considered a standard 
batch.
    (ii) For processes in compliance with the annual mass limits of 
Sec. 63.1254(a)(2) or (b)(2), the following records are required:

[[Page 212]]

    (A) The number of batches per year for each batch process;
    (B) The operating hours per year for continuous processes;
    (C) Standard batch uncontrolled and controlled emissions for each 
process;
    (D) Actual controlled emissions for each batch operated during 
periods of planned routine maintenance of a CCCD, calculated according 
to Sec. 63.1258(c).
    (E) Actual uncontrolled and controlled emissions for each 
nonstandard batch;
    (F) A record whether each batch operated was considered a standard 
batch.
    (6) Wastewater concentration per POD or process, except as provided 
in Sec. 63.1256(a)(1)(ii).
    (7) Number of storage tank turnovers per year, if used in an 
emissions average.
    (8) A schedule or log of each operating scenario updated daily or, 
at a minimum, each time a different operating scenario is put into 
operation.
    (9) Description of worst-case operating conditions as required in 
Sec. 63.1257(b)(8).
    (10) Periods of planned routine maintenance as described in 
Sec. Sec. 63.1252(h) and 63.1257(c)(5).
    (11) If the owner or operator elects to comply with Sec. 63.1253(b) 
or (c) by installing a floating roof, the owner or operator must keep 
records of each inspection and seal gap measurement in accordance with 
Sec. 63.123(c) through (e) as applicable.
    (12) If the owner or operator elects to comply with the vapor 
balancing alternative in Sec. 63.1253(f), the owner or operator must 
keep records of the DOT certification required by Sec. 63.1253(f)(2) 
and the pressure relief vent setting and the leak detection records 
specified in Sec. 63.1253(f)(5).
    (13) All maintenance performed on the air pollution control 
equipment.
    (c) Records of operating scenarios. The owner or operator of an 
affected source shall keep records of each operating scenario which 
demonstrates compliance with this subpart.
    (d) Records of equipment leak detection and repair programs. The 
owner or operator of any affected source implementing the leak detection 
and repair (LDAR) program specified in Sec. 63.1255 of this subpart, 
shall implement the recordkeeping requirements in Sec. 63.1255 of this 
subpart.
    (e) Records of emissions averaging. The owner or operator of any 
affected source that chooses to comply with the requirements of Sec. 
63.1252(d) shall maintain up-to-date records of the following 
information:
    (1) An Implementation Plan which shall include in the plan, for all 
process vents and storage tanks included in each of the averages, the 
information listed in paragraphs (e)(1)(i) through (v) of this section.
    (i) The identification of all process vents and storage tanks in 
each emissions average.
    (ii) The uncontrolled and controlled emissions of HAP and the 
overall percent reduction efficiency as determined in Sec. Sec. 
63.1257(g)(1) through (4) or 63.1257(h)(1) through (3) as applicable.
    (iii) The calculations used to obtain the uncontrolled and 
controlled HAP emissions and the overall percent reduction efficiency.
    (iv) The estimated values for all parameters required to be 
monitored under Sec. 63.1258(f) for each process and storage tank 
included in an average.
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping and reporting provisions in Sec. Sec. 
63.1257(g) and (h), 63.1258(f), and 63.1260(k) that are applicable to 
each emission point in the emissions average will be implemented 
beginning on the date of compliance.
    (2) The Implementation Plan must demonstrate that the emissions from 
the processes and storage tanks proposed to be included in the average 
will not result in greater hazard or, at the option of the operating 
permit authority, greater risk to human health or the environment than 
if the storage tanks and process vents were controlled according to the 
provisions in Sec. Sec. 63.1253 and 63.1254, respectively.
    (i) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the operating permit authority.
    (A) The Administrator may require owners and operators to use 
specific methodologies and procedures for making a hazard or risk 
determination.

[[Page 213]]

    (B) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use or any other technically sound information or methods.
    (ii) An emissions averaging plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
emissions averaging plan as are necessary in order to ensure that the 
average will not result in greater hazard or risk to human health or the 
environment than would result if the emission points were controlled 
according to Sec. Sec. 63.1253 and 63.1254.
    (iii) A hazard or risk equivalency demonstration must:
    (A) Be a quantitative, comparative chemical hazard or risk 
assessment;
    (B) Account for differences between averaging and non-averaging 
options in chemical hazard or risk to human health or the environment; 
and
    (C) Meet any requirements set by the Administrator for such 
demonstrations.
    (3) Records as specified in paragraphs (a), (b) and (d) of this 
section.
    (4) A rolling quarterly calculation of the annual percent reduction 
efficiency as specified in Sec. 63.1257(g) and (h).
    (f) Records of delay of repair. Documentation of a decision to use a 
delay of repair due to unavailability of parts, as specified in Sec. 
63.1256(i), shall include a description of the failure, the reason 
additional time was necessary (including a statement of why replacement 
parts were not kept onsite and when delivery from the manufacturer is 
scheduled), and the date when the repair was completed.
    (g) Record of wastewater stream or residual transfer. The owner or 
operator transferring an affected wastewater stream or residual removed 
from an affected wastewater stream in accordance with Sec. 
63.1256(a)(5) shall keep a record of the notice sent to the treatment 
operator stating that the wastewater stream or residual contains organic 
HAP which are required to be managed and treated in accordance with the 
provisions of this subpart.
    (h) Records of extensions. The owner or operator shall keep 
documentation of a decision to use an extension, as specified in Sec. 
63.1256(b)(6)(ii) or (b)(9), in a readily accessible location. The 
documentation shall include a description of the failure, documentation 
that alternate storage capacity is unavailable, and specification of a 
schedule of actions that will ensure that the control equipment will be 
repaired and the tank will be emptied as soon as practical.
    (i) Records of inspections. The owner or operator shall keep records 
specified in paragraphs (i)(1) through (9) of this section.
    (1) A record that each waste management unit inspection required by 
Sec. 63.1256(b) through (f) was performed.
    (2) A record that each inspection for control devices required by 
Sec. 63.1256(h) was performed.
    (3) A record of the results of each seal gap measurement required by 
Sec. 63.1256(b)(5) and (f)(3). The records shall include the date of 
measurement, the raw data obtained in the measurement, and the 
calculations described in Sec. 63.120(b)(2) through (4).
    (4) Records identifying all parts of the vapor collection system, 
closed-vent system, fixed roof, cover, or enclosure that are designated 
as unsafe to inspect in accordance with Sec. 63.1258(h)(6), an 
explanation of why the equipment is unsafe to inspect, and the plan for 
inspecting the equipment.
    (5) Records identifying all parts of the vapor collection system, 
closed-vent system, fixed roof, cover, or enclosure that are designated 
as difficult to inspect in accordance with Sec. 63.1258(h)(7), an 
explanation of why the equipment is difficult to inspect, and the plan 
for inspecting the equipment.
    (6) For each vapor collection system or closed-vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall keep a 
record of the information specified in either paragraph (i)(6)(i) or 
(ii) of this section.
    (i) Hourly records of whether the flow indicator specified under 
Sec. 63.1252(b)(1) was operating and whether a diversion was detected 
at any time during the

[[Page 214]]

hour, as well as records of the times and durations of all periods when 
the vent stream is diverted from the control device or the flow 
indicator is not operating.
    (ii) Where a seal mechanism is used to comply with Sec. 
63.1252(b)(2), hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanisms has been done, and shall record the 
occurrence of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type lock 
has been checked out, and records of any car-seal that has broken.
    (7) For each inspection conducted in accordance with Sec. 
63.1258(h)(2) and (3) during which a leak is detected, a record of the 
information specified in paragraphs (i)(7)(i) through (ix) of this 
section.
    (i) Identification of the leaking equipment.
    (ii) The instrument identification numbers and operator name or 
initials, if the leak was detected using the procedures described in 
Sec. 63.1258(h)(3); or a record that the leak was detected by sensory 
observations.
    (iii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iv) Maximum instrument reading measured by the method specified in 
Sec. 63.1258(h)(4) after the leak is successfully repaired or 
determined to be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (vi) The name, initials, or other form of identification of the 
owner or operator (or designee) whose decision it was that repair could 
not be effected without a shutdown.
    (vii) The expected date of successful repair of the leak if a leak 
is not repaired within 15 calendar days.
    (viii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (ix) The date of successful repair of the leak.
    (8) For each inspection conducted in accordance with Sec. 
63.1258(h)(3) during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (9) For each visual inspection conducted in accordance with Sec. 
63.1258(h)(2)(i)(B) or (h)(2)(iii)(B) of this section during which no 
leaks are detected, a record that the inspection was performed, the date 
of the inspection, and a statement that no leaks were detected.

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



Sec. 63.1260  Reporting requirements.

    (a) The owner or operator of an affected source shall comply with 
the reporting requirements of paragraphs (b) through (l) of this 
section. Applicable reporting requirements of Sec. Sec. 63.9 and 63.10 
are also summarized in Table 1 of this subpart.
    (b) Initial notification. The owner or operator shall submit the 
applicable initial notification in accordance with Sec. 63.9(b) or (d).
    (c) Application for approval of construction or reconstruction. An 
owner or operator who is subject to Sec. 63.5(b)(3) shall submit to the 
Administrator an application for approval of the construction of a new 
major affected source, the reconstruction of a major affected source, or 
the reconstruction of a major source such that the source becomes a 
major affected source subject to the standards. The application shall be 
prepared in accordance with Sec. 63.5(d).
    (d) Notification of CMS performance evaluation. An owner or operator 
who is required by the Administrator to conduct a performance evaluation 
for a continuous monitoring system shall notify the Administrator of the 
date of the performance evaluation as specified in Sec. 63.8(e)(2).
    (e) Precompliance report. The Precompliance report shall be 
submitted at least 6 months prior to the compliance date of the 
standard. For new sources, the Precompliance report shall be submitted 
to the Administrator with the application for approval of construction 
or reconstruction. The Administrator shall have 90 days to approve or 
disapprove the plan.

[[Page 215]]

The plan shall be considered approved if the Administrator either 
approves the plan in writing, or fails to disapprove the plan in 
writing. The 90 day period shall begin when the Administrator receives 
the request. If the request is denied, the owner or operator must still 
be in compliance with the standard by the compliance date. To change any 
of the information submitted in the report, the owner or operator shall 
notify the Administrator 90 days before the planned change is to be 
implemented; the change shall be considered approved if the 
Administrator either approves the change in writing, or fails to 
disapprove the change in writing. The Precompliance report shall 
include:
    (1) Requests for approval to use alternative monitoring parameters 
or requests to set monitoring parameters according to Sec. 
63.1258(b)(4).
    (2) Descriptions of the daily or per batch demonstrations to verify 
that control devices subject to Sec. 63.1258(b)(1)(i) are operating as 
designed.
    (3) A description of test conditions, and the corresponding 
monitoring parameter values for parameters that are set according to 
Sec. 63.1258(b)(3)(ii)(C).
    (4) For owners and operators complying with the requirements of 
Sec. 63.1252(e), the P2 demonstration summary required in Sec. 
63.1257(f).
    (5) Data and rationale used to support an engineering assessment to 
calculate uncontrolled emissions from process vents as required in Sec. 
63.1257(d)(2)(ii).
    (6) Data and other information supporting the determination of 
annual average concentrations by process simulation as required in Sec. 
63.1257(e)(1)(ii).
    (7) Bench scale or pilot-scale test data and rationale used to 
determine annual average concentrations as required in Sec. 
63.1257(e)(1)(ii)(C).
    (f) Notification of Compliance Status report. The Notification of 
Compliance Status report required under Sec. 63.9 shall be submitted no 
later than 150 days after the compliance date and shall include:
    (1) The results of any applicability determinations, emission 
calculations, or analyses used to identify and quantify HAP emissions 
from the affected source.
    (2) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, or calculations used to 
demonstrate compliance. For performance tests, results should include 
descriptions of sampling and analysis procedures and quality assurance 
procedures.
    (3) Descriptions of monitoring devices, monitoring frequencies, and 
the values of monitored parameters established during the initial 
compliance determinations, including data and calculations to support 
the levels established.
    (4) Listing of all operating scenarios.
    (5) Descriptions of worst-case operating and/or testing conditions 
for control devices.
    (6) Identification of emission points subject to overlapping 
requirements described in Sec. 63.1250(h) and the authority under which 
the owner or operator will comply.
    (7) Anticipated periods of planned routine maintenance of a CCCD 
subject to Sec. 63.1252(h) during the period between the compliance 
date and the end of the period covered by the first Periodic report, and 
if applicable, the rationale for why the planned routine maintenance 
must be performed while a process with a vent subject to Sec. 
63.1254(a)(3) will be operating.
    (g) Periodic reports. An owner or operator shall prepare Periodic 
reports in accordance with paragraphs (g)(1) and (2) of this section and 
submit them to the Administrator.
    (1) Submittal schedule. Except as provided in paragraphs (g)(1)(i), 
(ii), and (iii) of this section, an owner or operator shall submit 
Periodic reports semiannually. The first report shall be submitted no 
later than 240 days after the Notification of Compliance Status is due 
and shall cover the 6-month period beginning on the date the 
Notification of Compliance Status is due. Each subsequent Periodic 
report shall cover the 6-month period following the preceding period.
    (i) When the Administrator determines on a case-by-case basis that 
more frequent reporting is necessary to accurately assess the compliance 
status of the affected source; or

[[Page 216]]

    (ii) Quarterly reports shall be submitted when the source 
experiences an exceedance of a temperature limit monitored according to 
the provisions of Sec. 63.1258(b)(1)(iii) or an exceedance of the 
outlet concentration monitored according to the provisions of Sec. 
63.1258(b)(1)(x) or (b)(5). Once an affected source reports quarterly, 
the affected source shall follow a quarterly reporting format until a 
request to reduce reporting frequency is approved. If an owner or 
operator submits a request to reduce the frequency of reporting, the 
provisions in Sec. 63.10(e)(3)(ii) and (iii) shall apply, except that 
the phrase ``excess emissions and continuous monitoring system 
performance report and/or summary report'' shall mean ``Periodic 
report'' for the purposes of this section.
    (iii) When a new operating scenario has been operated since the last 
report, in which case quarterly reports shall be submitted.
    (2) Content of Periodic report. The owner or operator shall include 
the information in paragraphs (g)(2)(i) through (vii) of this section, 
as applicable.
    (i) Each Periodic report must include the information in Sec. 
63.10(e)(3)(vi)(A) through (I) and (K) through (M). For each continuous 
monitoring system, the Periodic report must also include the information 
in Sec. 63.10(e)(3)(vi)(J).
    (ii) If the total duration of excess emissions, parameter 
exceedances, or excursions for the reporting period is 1 percent or 
greater of the total operating time for the reporting period, or the 
total continuous monitoring system downtime for the reporting period is 
5 percent or greater of the total operating time for the reporting 
period, the Periodic report must include the information in paragraphs 
(g)(2)(ii)(A) through (D) of this section.
    (A) Monitoring data, including 15-minute monitoring values as well 
as daily average values of monitored parameters, for all operating days 
when the average values were outside the ranges established in the 
Notification of Compliance Status report or operating permit.
    (B) Duration of excursions, as defined in Sec. 63.1258(b)(7).
    (C) Operating logs and operating scenarios for all operating 
scenarios for all operating days when the values are outside the levels 
established in the Notification of Compliance Status report or operating 
permit.
    (D) When a continuous monitoring system is used, the information 
required in Sec. 63.10(c)(5) through (13).
    (iii) For each inspection conducted in accordance with Sec. 
63.1258(h)(2) or (3) during which a leak is detected, the records 
specified in Sec. 63.1259(i)(7) must be included in the next Periodic 
report.
    (iv) For each vapor collection system or closed vent system with a 
bypass line subject to Sec. 63.1252(b)(1), records required under Sec. 
63.1259(i)(6)(i) of all periods when the vent stream is diverted from 
the control device through a bypass line. For each vapor collection 
system or closed vent system with a bypass line subject to Sec. 
63.1252(b)(2), records required under Sec. 63.1259(i)(6)(ii) of all 
periods in which the seal mechanism is broken, the bypass valve position 
has changed, or the key to unlock the bypass line valve was checked out.
    (v) The information in paragraphs (g)(2)(v)(A) through (D) of this 
section shall be stated in the Periodic report, when applicable.
    (A) No excess emissions.
    (B) No exceedances of a parameter.
    (C) No excursions.
    (D) No continuous monitoring system has been inoperative, out of 
control, repaired, or adjusted.
    (vi) The information specified in paragraphs (g)(2)(vi)(A) through 
(C) for periods of planned routine maintenance.
    (A) For each storage tank subject to control requirements, periods 
of planned routine maintenance during which the control device does not 
meet the specifications of Sec. 63.1253(b) through (d).
    (B) For a CCCD subject to Sec. 63.1252(h), periods of planned 
routine maintenance during the current reporting period and anticipated 
periods of planned routine maintenance during the next reporting period.
    (C) Rationale for why planned routine maintenance of a CCCD subject 
to Sec. 63.1252(h) must be performed while a process with a vent 
subject to

[[Page 217]]

Sec. 63.1254(a)(3) will be operating, if applicable. This requirement 
applies only if the rationale is not in, or differs from that in, the 
Notification of Compliance Status report.
    (vii) Each new operating scenario which has been operated since the 
time period covered by the last Periodic report. For each new operating 
scenario, the owner or operator shall provide verification that the 
operating conditions for any associated control or treatment device have 
not been exceeded, and that any required calculations and engineering 
analyses have been performed. For the initial Periodic report, each 
operating scenario for each process operated since the due date of the 
Notification of Compliance Status Report shall be submitted.
    (viii) If the owner or operator elects to comply with the provisions 
of Sec. 63.1253(b) or (c) by installing a floating roof, the owner or 
operator shall submit the information specified in Sec. 63.122(d) 
through (f) as applicable. References to Sec. 63.152 from Sec. 63.122 
shall not apply for the purposes of this subpart.
    (h) Notification of process change. (1) Except as specified in 
paragraph (h)(2) of this section, whenever a process change is made, or 
a change in any of the information submitted in the Notification of 
Compliance Status Report, the owner or operator shall submit the 
information specified in paragraphs (h)(1)(i) through (iv) of this 
section with the next Periodic report required under paragraph (g) of 
this section.
    (i) A brief description of the process change.
    (ii) A description of any modifications to standard procedures or 
quality assurance procedures.
    (iii) Revisions to any of the information reported in the original 
Notification of Compliance Status Report under paragraph (f) of this 
section.
    (iv) Information required by the Notification of Compliance Status 
Report under paragraph (f) of this section for changes involving the 
addition of processes or equipment.
    (2) An owner or operator must submit a report 60 days before the 
scheduled implementation date of either of the following:
    (i) Any change in the activity covered by the Precompliance report.
    (ii) A change in the status of a control device from small to large.
    (i) Reports of startup, shutdown, and malfunction. An owner or 
operator shall prepare startup, shutdown, and malfunction reports as 
specified in paragraphs (i)(1) and (2) of this section.
    (1) If actions taken by an owner or operator during a startup, 
shutdown, or malfunction of an affected source (including actions to 
correct a malfunction) are consistent with the procedures specified in 
the source's startup, shutdown, and malfunction plan, the owner or 
operator shall state this fact in a startup, shutdown, or malfunction 
report. The report shall also include the information specified in Sec. 
63.1259(a)(3)(i) and (ii) and shall contain the name, title, and 
signature of the owner or operator or other responsible official who is 
certifying its accuracy. For the purposes of this subpart, the startup, 
shutdown, and malfunction reports shall be submitted on the same 
schedule as the periodic reports required under paragraph (g) of this 
section instead of the schedule specified in Sec. 63.10(d)(5)(i). 
Reports are only required if a startup, shutdown, or malfunction 
occurred during the reporting period.
    (2) Any time an owner or operator takes an action that is not 
consistent with the procedures specified in the affected source's 
startup, shutdown, and malfunction plan, the owner or operator shall 
submit immediate startup, shutdown, and malfunction reports as specified 
in Sec. 63.10(d)(5)(ii).
    (j) Reports of LDAR programs. The owner or operator of any affected 
source implementing the LDAR program specified in Sec. 63.1255 of this 
subpart shall implement the reporting requirements in Sec. 63.1255 of 
this subpart. Copies of all reports shall be retained as records for a 
period of 5 years, in accordance with the requirements of Sec. 
63.10(b)(1).
    (k) Reports of emissions averaging. The owner or operator of any 
affected source that chooses to comply with the requirements of Sec. 
63.1252(d) shall submit the implementation plan described in Sec. 
63.1259(e) 6 months prior to the compliance date of the standard and the 
following information in the periodic reports:

[[Page 218]]

    (1) The records specified in Sec. 63.1259(e) for each process or 
storage tank included in the emissions average;
    (2) All information as specified in paragraph (g) of this section 
for each process or storage tank included in the emissions average;
    (3) Any changes of the processes or storage tanks included in the 
average.
    (4) The calculation of the overall percent reduction efficiency for 
the reporting period.
    (5) Changes to the Implementation Plan which affect the calculation 
methodology of uncontrolled or controlled emissions or the hazard or 
risk equivalency determination.
    (6) Every second semiannual or fourth quarterly report, as 
appropriate, shall include the results according to Sec. 63.1259(e)(4) 
to demonstrate the emissions averaging provisions of Sec. Sec. 
63.1252(d), 63.1257(g) and (h), 63.1258(f), and 63.1259(f) are 
satisfied.
    (l) Notification of performance test and test plan. The owner or 
operator of an affected source shall notify the Administrator of the 
planned date of a performance test at least 60 days before the test in 
accordance with Sec. 63.7(b). The owner or operator also must submit 
the test plan required by Sec. 63.7(c) and the emission profile 
required by 63.1257(b)(8)(ii) with the notification of the performance 
test.
    (m) Request for extension of compliance. An owner or operator may 
submit to the Administrator a request for an extension of compliance in 
accordance with Sec. 63.1250(f)(4).

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



Sec. 63.1261  Implementation and enforcement.

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

[68 FR 37356, June 23, 2003]

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

----------------------------------------------------------------------------------------------------------------
                                                                  Applies to subpart
   General provisions reference       Summary of requirements            GGG                    Comments
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)........................  General applicability of    Yes..................  Additional terms defined
                                     the General Provisions.                            in Sec.  63.1251; when
                                                                                        overlap between subparts
                                                                                        A and GGG of this part,
                                                                                        subpart GGG takes
                                                                                        precedence.
63.1(a)(2-7)......................  ..........................  Yes                    .........................

[[Page 219]]

 
63.1(a)(8)........................  ..........................  No...................  Discusses state programs.
63.1(a)(9-14).....................  ..........................  Yes                    .........................
63.1(b)(1)........................  Initial applicability       Yes..................  Subpart GGG clarifies the
                                     determination.                                     applicability in Sec.
                                                                                        63.1250.
63.1(b)(2)........................  Title V operating permit--  Yes..................  All major affected
                                     see part 70.                                       sources are required to
                                                                                        obtain a title V permit.
63.1(b)(3)........................  Record of the               Yes..................  All affected sources are
                                     applicability                                      subject to subpart GGG
                                     determination.                                     according to the
                                                                                        applicability definition
                                                                                        of subpart GGG.
63.1(c)(1)........................  Applicability after         Yes..................  Subpart GGG clarifies the
                                     standards are set.                                 applicability of each
                                                                                        paragraph of subpart A
                                                                                        to sources subject to
                                                                                        subpart GGG.
63.1(c)(2)........................  Title V permit requirement  No...................  All major affected
                                                                                        sources are required to
                                                                                        obtain a title V permit.
                                                                                        Area sources are not
                                                                                        subject to subpart GGG.
63.1(c)(3)........................  Reserved                    .....................  .........................
63.1(c)(4)........................  Requirements for existing   Yes                    .........................
                                     source that obtains an
                                     extension of compliance.
Sec.  63.1(c)(5).................  Notification requirements   Yes                    .........................
                                     for an area source that
                                     increases HAP emissions
                                     to major source levels.
63.1(d)...........................  [Reserved]................  NA
63.1(e)...........................  Applicability of permit     Yes
                                     program before a relevant
                                     standard has been set.
63.2..............................  Definitions...............  Yes..................  Additional terms defined
                                                                                        in Sec.  63.1251; when
                                                                                        overlap between subparts
                                                                                        A and GGG of this part
                                                                                        occurs, subpart GGG
                                                                                        takes precedence.
63.3..............................  Units and abbreviations...  Yes..................  Other units used in
                                                                                        subpart GGG are defined
                                                                                        in that subpart.
63.4..............................  Prohibited activities.....  Yes
63.5(a)...........................  Construction and            Yes..................  Except replace the terms
                                     reconstruction--applicabi                          ``source'' and
                                     lity.                                              ``stationary source''
                                                                                        with ``affected
                                                                                        source''.
63.5(b)(1)........................  Upon construction,          Yes
                                     relevant standards for
                                     new sources.
63.5(b)(2)........................  [Reserved]................  NA
63.5(b)(3)........................  New construction/           Yes..................  Except for changes and
                                     reconstruction.                                    additions authorized
                                                                                        under Sec.  52.2454 of
                                                                                        this title. However, the
                                                                                        requirement to submit
                                                                                        the Precompliance report
                                                                                        at least 90 days before
                                                                                        the compliance date
                                                                                        still applies.
63.5(b)(4)........................  Construction/               Yes
                                     reconstruction
                                     notification.
63.5(b)(5)........................  Construction/               Yes
                                     reconstruction compliance.
63.5(b)(6)........................  Equipment addition or       Yes
                                     process change.
63.5(c)...........................  [Reserved]................  NA
63.5(d)...........................  Application for approval    Yes..................  Except for certain
                                     of construction/                                   provisions identified in
                                     reconstruction.                                    63.1259(a)(5)
Sec.  63.5(e)....................  Construction/               Yes                    .........................
                                     reconstruction approval.
63.5(f)...........................  Construction/               Yes..................  Except replace ``source''
                                     reconstruction approval                            with ``affected
                                     based on prior State                               source''.
                                     review..
63.6(a)(1)........................  Compliance with standards   Yes
                                     and maintenance
                                     requirements.
63.6(a)(2)........................  Requirements for area       Yes
                                     source that increases
                                     emissions to become major.
63.6(b)(1-2)......................  Compliance dates for new    No...................  Subpart GGG specifies
                                     and reconstructed sources.                         compliance dates.
63.6(b)(3-6)......................  Compliance dates for area   Yes
                                     sources that become major
                                     sources.
63.6 (b)(7).......................  Compliance dates for new    No...................  Subpart GGG specifies NS
                                     sources resulting from                             applicability and
                                     new unaffected area                                compliance dates
                                     sources becoming subject
                                     to standards.
63.6(c)...........................  Compliance dates for        Yes..................  Except replace ``source''
                                     existing sources.                                  with ``affected
                                                                                        source''. Subpart GGG
                                                                                        specifies compliance
                                                                                        dates.
63.6(e)...........................  Operation and maintenance   Yes..................  Startup, Shutdown,
                                     requirements.                                      Malfunction Plan
                                                                                        requirements
                                                                                        specifically include
                                                                                        malfunction process,
                                                                                        control and monitoring
                                                                                        equipment.
63.6(f)-(g).......................  Compliance with nonopacity  Yes..................  Except that subpart GGG
                                     and alternative                                    specifies performance
                                     nonopacity emission                                test conditions.
                                     standards.

[[Page 220]]

 
63.6(h)...........................  Opacity and visible         No...................  Subpart GGG does not
                                     emission standards.                                contain any opacity or
                                                                                        visible emission
                                                                                        standards.
Sec.  63.6(i)(1) through (7).....  Requests for compliance     No...................  Sec.  63.1250(f)(6)
                                     extensions.                                        specifies provisions for
                                                                                        compliance extensions.
Sec.  63.6(i)(8) through (14)....  Approval of compliance      Yes..................  Except references to Sec.
                                     extensions.                                          63.6(i)(4) through (6)
                                                                                        mean Sec.
                                                                                        63.1250(f)(6).
63.6(j)...........................  Exemption from compliance   Yes
                                     with emission standards.
63.7(a)(1)........................  Performance testing         Yes..................  Subpart GGG also
                                     requirements.                                      specifies required
                                                                                        testing and compliance
                                                                                        procedures.
63.7(a)(2)(i)-(ix)................  ..........................  Yes..................  Except substitute ``150
                                                                                        days'' instead of ``180
                                                                                        days.''
63.7(a)(3)........................  ..........................  Yes
63.7(b)(1)........................  Notification of             Yes
                                     performance test.
63.7(b)(2)........................  Notification of delay in    Yes
                                     conducting a scheduled
                                     performance test.
63.7(c)...........................  Quality assurance program.  Yes..................  Except that the test plan
                                                                                        must be submitted with
                                                                                        the notification of the
                                                                                        performance test.
63.7(d)...........................  Performance testing         Yes..................  Except replace ``source''
                                     facilities..                                       with ``affected
                                                                                        source''.
63.7(e)...........................  Conduct of performance      Yes..................  Subpart GGG also contains
                                     tests..                                            test methods and
                                                                                        procedures specific to
                                                                                        pharmaceutical sources.
63.7(f)...........................  Use of alternative test     Yes
                                     method.
63.7(g)...........................  Data analysis,              Yes
                                     recordkeeping, and
                                     reporting.
63.7(h)...........................  Waiver of performance       Yes
                                     tests.
63.8(a)...........................  Monitoring requirements...  Yes..................  See Sec.  63.1258.
63.8(b)(1)........................  Conduct of monitoring.....  Yes
63.8(b)(2)........................  CMS and combined effluents  No...................  Sec.  63.1258 of subpart
                                                                                        GGG provides specific
                                                                                        CMS requirements.
63.8(b)(3)-(c)(4).................  CMS requirements..........  Yes..................  Sec.  63.1259 also
                                                                                        specifies recordkeeping
                                                                                        for CMS.
63.8(c)(5)........................  COMS operation              No...................
                                     requirements.
63.8 (c)(6)-(8)...................  CMS calibration and         No...................  Calibration procedures
                                     malfunction provisions.                            are provided in Sec.
                                                                                        63.1258.
63.8(d)...........................  CMS quality control         Yes
                                     program.
63.8(e)(1)........................  Performance evaluations of  Yes
                                     CMS.
63.8(e)(2)........................  Notification of             Yes                    .........................
                                     performance evaluation.
63.8(e)(3-4)......................  CMS requirements/           Yes                    .........................
                                     alternatives.
Sec.  63.8(e)(5)(i)..............  Reporting performance       Yes..................  See Sec.  63.1260(a).
                                     evaluation results.
63.1260 (a).......................
63.8(e)(5)(ii)....................  Results of COMS             No...................  Subpart GGG does not
                                     performance evaluation.                            contain any opacity or
                                                                                        visible emission
                                                                                        standards.
63.8(f)-(g).......................  Alternative monitoring      Yes                    .........................
                                     method/reduction of
                                     monitoring data.
63.9(a)-(d).......................  Notification requirements-- Yes..................  Sec.  63.1260 (b) also
                                     Applicability and general                          specifies initial
                                     information.                                       notification
                                                                                        requirement.
63.9(e)...........................  Notification of             Yes..................  Sec.  63.1260 (l) also
                                     performance test.                                  specifies notification
                                                                                        requirement for
                                                                                        performance test.
63.9(f)...........................  Notification of opacity     No...................  Subpart GGG does not
                                     and visible emissions                              contain any opacity or
                                     observations.                                      visible emission
                                                                                        standards.
63.9(g)(1)........................  Additional notification     Yes..................  Sec.  63.1260 (d) also
                                     requirements for sources                           specifies notification
                                     with CMS.                                          requirement for
                                                                                        performance evaluation.
63.9(g)(2)........................  Notification of compliance  No...................  Subpart GGG does not
                                     with opacity emission                              contain any opacity or
                                     standard.                                          visible emission
                                                                                        standards.
63.9(g)(3)........................  Notification that           Yes..................  Sec.  63.1260 (d) also
                                     criterion to continue use                          specifies notification
                                     of alternative to                                  requirement for
                                     relative accuracy testing                          performance evaluation.
                                     has been exceeded.
63.9(h)...........................  Notification of compliance  Yes..................  Specified in Sec.
                                     status.                                            63.1260(f). Due 150 days
                                                                                        after compliance date.
63.9(i)...........................  Adjustment to time periods  Yes                    .........................
                                     or postmark deadlines for
                                     submittal and review of
                                     required communications.
63.9(j)...........................  Change in information       No...................  Subpart GGG specifies
                                     provided.                                          procedures for
                                                                                        notification of changes.
63.10(a)..........................  Recordkeeping requirements  Yes..................
63.1259...........................
63.10(b)(1).......................  Records retention.........  Yes..................  Also stated in Sec.
                                                                                        63.1259.

[[Page 221]]

 
63.10(b)(2).......................  Information and             No...................  Subpart GGG specifies
                                     documentation to support                           recordkeeping
                                     notifications.                                     requirements.
63.10(b)(3).......................  Records retention for       Yes..................  Also stated in Sec.
                                     sources not subject to                             63.1259 (a)(2).
                                     relevant standard.
63.10(c)-(d)(2)...................  Other recordkeeping and     Yes..................  Also stated in Sec.
                                     reporting provisions.                              63.1259 (a)(4).
63.10(d)(3).......................  Reporting results of        No...................  Subpart GGG does not
                                     opacity or visible                                 include any opacity or
                                     emissions observations.                            visible emission
                                                                                        standards.
63.10(d)(4-5).....................  Other recordkeeping and     Yes..................
                                     reporting provisions.
63.10(e)..........................  Additional CMS reporting    Yes..................
                                     requirements.
63.10(f)..........................  Waiver of recordkeeping or  Yes..................
                                     reporting requirements..
63.11.............................  Control device              Yes..................
                                     requirements for flares.
63.12.............................  State authority and         Yes..................  See Sec.  63.1261.
                                     delegations.
63.13.............................  Addresses of State air      Yes..................
                                     pollution control
                                     agencies.
63.14.............................  Incorporations by           Yes..................
                                     reference.
63.15.............................  Availability of             Yes..................
                                     information and
                                     confidentiality.
----------------------------------------------------------------------------------------------------------------


[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000; 
66 FR 40136, Aug. 2, 2001]

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

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


[66 FR 40136, Aug. 2, 2001]

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

------------------------------------------------------------------------
                                Compound
-------------------------------------------------------------------------
1,1-Dimethylhydrazine.
1,4-Dioxane.
Acetonitrile.
Acetophenone.
Diethyl sulfate.
Dimethyl sulfate.
Dinitrotoluene.
Ethylene glycol dimethyl ether.
Ethylene glycol monobutyl ether acetate.
Ethylene glycol monomethyl ether acetate.
Isophorone.
Methanol (methyl alcohol).
Nitrobenzene.

[[Page 222]]

 
Toluidene.
Triethylamine.
------------------------------------------------------------------------


[66 FR 40137, Aug. 2, 2001]

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

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

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

[[Page 223]]



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


[65 FR 52616, Aug. 29, 2000]

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

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

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

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

[[Page 224]]

 
63.1256(b)(7)........................  Inspect wastewater tank  Initially Semiannually.  Visual.
63.1256(b)(8)........................   for control equipment
                                        failures and improper
                                        work practices.
SURFACE IMPOUNDMENTS:
    63.1256(c)(1)(i).................  Inspect cover and all    Initially Semiannually.  Visual.
                                        openings for leaks.
    63.1256(c)(2)....................  Inspect surface          Initially Semiannually.  Visual.
                                        impoundment for
                                        control equipment
                                        failures and improper
                                        work practices.
CONTAINERS:
    63.1256(d)(1)(i).................  Inspect cover and all    Initially Semiannually.  Visual.
    63.1256(d)(1)(ii)................   openings for leaks.
    63.1256(d)(3)(i).................  Inspect enclosure and    Initially Semiannually.  Visual.
                                        all openings for leaks.
    63.1256(d)(4)....................  Inspect container for    Initially Semiannually.  Visual.
                                        control equipment
                                        failures and improper
                                        work practices.
INDIVIDUAL DRAIN SYSTEMS a:
    63.1256(e)(1)(i).................  Inspect cover and all    Initially Semiannually.  Visual.
                                        openings to ensure
                                        there are no gaps,
                                        cracks, or holes.
    63.1256(e)(2)....................  Inspect individual       Initially Semiannually.  Visual.
                                        drain system for
                                        control equipment
                                        failures and improper
                                        work practices.
    63.1256(e)(4)(i).................  Verify that sufficient   Initially Semiannually.  Visual.
                                        water is present to
                                        properly maintain
                                        integrity of water
                                        seals.
    63.1256(e)(4)(ii)................  Inspect all drains       Initially Semiannually.  Visual.
    63.1256(e)(5)(i).................   using tightly-fitted
                                        caps or plugs to
                                        ensure caps and plugs
                                        are in place and
                                        properly installed.
    63.1256(e)(5)(ii)................  Inspect all junction     Initially Semiannually.  Visual or smoke test or
                                        boxes to ensure covers                            other means as
                                        are in place and have                             specified.
                                        no visible gaps,
                                        cracks, or holes.
    63.1256(e)(5)(iii)...............  Inspect unburied         Initially Semiannually.  Visual.
                                        portion of all sewer
                                        lines for cracks and
                                        gaps.
OIL-WATER SEPARATORS:
    63.1256(f)(2)(i).................  Inspect fixed roof and   Initially Semiannually.  Visual.
                                        all openings for leaks.
    63.1256(f)(3)....................  Measure floating roof    Initially b............  See 40 CFR
                                        seal gaps in                                      60.696(d)(1).
                                        accordance with 40 CFR
                                        60.696(d)(1).
                                       --Primary seal gaps....  Once every 5 years.....  .......................
    63.1256(f)(3)....................  --Secondary seal gaps..  Initially b Annually.
    63.1256(f)(4)....................  Inspect oil-water        Initially Semiannually.  Visual.
                                        separator for control
                                        equipment failures and
                                        improper work
                                        practices.
----------------------------------------------------------------------------------------------------------------
a As specified in Sec.  63.1256(e), the owner or operator shall comply with either the requirements of Sec.
  63.1256(e)(1) and (2) or Sec.  63.1256(e)(4) and (5).
b Within 60 days of installation as specified in Sec.  63.1256(f)(3).

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

------------------------------------------------------------------------
              Chemical name                  CAS No. a          Fm
------------------------------------------------------------------------
Acetaldehyde............................           75070         1.00
Acetonitrile............................           75058         0.99
Acetophenone............................           98862         0.31
Acrolein................................          107028         1.00
Acrylonitrile...........................          107131         1.00
Allyl chloride..........................          107051         1.00
Benzene.................................           71432         1.00
Benzyl chloride.........................          100447         1.00
Biphenyl................................           92524         0.86

[[Page 225]]

 
Bromoform...............................           75252         1.00
Butadiene (1,3-)........................          106990         1.00
Carbon disulfide........................           75150         1.00
Carbon tetrachloride....................           56235         1.00
Chlorobenzene...........................          108907         0.96
Chloroform..............................           67663         1.00
Chloroprene (2-Chloro-1,3-butadiene)....          126998         1.00
Cumene..................................           98828         1.00
Dichlorobenzene (p-1,4-)................          106467         1.00
Dichloroethane (1,2-) (Ethylene                   107062         1.00
 dichloride)............................
Dichloroethylether (Bis(2-Chloroethyl             111444         0.76
 ether))................................
Dichloropropene (1,3-)..................          542756         1.00
Diethyl sulfate.........................           64675         0.0025
Dimethyl sulfate........................           77781         0.086
Dimethylaniline (N,N-)..................          121697         0.00080
Dimethylhydrazine (1,1-)................           57147         0.38
Dinitrophenol (2,4-)....................           51285         0.0077
Dinitrotoluene (2,4-)...................          121142         0.085
Dioxane (1,4-) (1,4-Diethyleneoxide)....          123911         0.87
Epichlorohydrin(1-Chloro-2,3-                     106898         0.94
 epoxypropane)..........................
Ethyl acrylate..........................          140885         1.00
Ethylbenzene............................          100414         1.00
Ethyl chloride (Chloroethane)...........           75003         1.00
Ethylene dibromide (Dibromomethane).....          106934         1.00
Ethylene glycol dimethyl ether..........          110714         0.86
Ethylene glycol monobutyl ether acetate.          112072         0.043
Ethylene glycol monomethyl ether acetate          110496         0.093
Ethylene oxide..........................           75218         1.00
Ethylidene dichloride (1,1-                        75343         1.00
 Dichloroethane)........................
Hexachlorobenzene.......................          118741         0.97
Hexachlorobutadiene.....................           87683         0.88
Hexachloroethane........................           67721         0.50
Hexane..................................          110543         1.00
Isophorone..............................           78591         0.47
Methanol................................           67561         0.85
Methyl bromide (Bromomethane)...........           74839         1.00
Methyl chloride (Chloromethane).........           74873         1.00
Methyl ethyl ketone (2-Butanone)........           78933         0.99
Methyl isobutyl ketone (Hexone).........          108101         0.98
Methyl methacrylate.....................           80626         1.00
Methyl tert-butyl ether.................         1634044         1.00
Methylene chloride (Dichloromethane)....           75092         1.00
Naphthalene.............................           91203         0.99
Nitrobenzene............................           98953         0.39
Nitropropane (2-).......................           79469         0.99
Phosgene................................           75445         1.00
Propionaldehyde.........................          123386         1.00
Propylene dichloride (1,2-                         78875         1.00
 Dichloropropane).......................
Propylene oxide.........................           75569         1.00
Styrene.................................          100425         1.00
Tetrachloroethane (1,1,2,2-)............           79345         1.00
Tetrachloroethylene (Perchloroethylene).          127184         1.00
Toluene.................................          108883         1.00
Toluidine (o-)..........................           95534         0.15
Trichlorobenzene (1,2,4-)...............          120821         1.00
Trichloroethane (1,1,1-) (Methyl                   71556         1.00
 chloroform)............................
Trichloroethane (1,1,2-) (Vinyl                    79005         0.98
 Trichloride)...........................
Trichloroethylene.......................           79016         1.00
Trichlorophenol (2,4,5-)................           95954         1.00
Triethylamine...........................          121448         1.00
Trimethylpentane (2,2,4-)...............          540841         1.00
Vinyl acetate...........................          108054         1.00
Vinyl chloride (Chloroethylene).........           75014         1.00
Vinylidene chloride (1,1-                          75354         1.00
 Dichloroethylene)......................
Xylene (m-).............................          108383         1.00
Xylene (o-).............................           95476         1.00
Xylene (p-).............................          106423         1.00
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


[[Page 226]]

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

------------------------------------------------------------------------
                                                          Biorate (K1),
                     Compound name                         L/g MLVSS-hr
------------------------------------------------------------------------
Acetonitrile...........................................            0.100
Acetophenone...........................................            0.538
Diethyl sulfate........................................            0.105
Dimethyl hydrazine(1,1)................................            0.227
Dimethyl sulfate.......................................            0.178
Dinitrotoluene(2,4)....................................            0.784
Dioxane(1,4)...........................................            0.393
Ethylene glycol dimethyl ether.........................            0.364
Ethylene glycol monobutyl ether acetate................            0.496
Ethylene glycol monomethyl ether acetate...............            0.159
Isophorone.............................................            0.598
Methanol...............................................                a
Nitrobenzene...........................................            2.300
Toluidine (-0).........................................            0.859
Triethylamine..........................................           1.064
------------------------------------------------------------------------
a For direct dischargers, the default biorate for methanol is 3.5 L/g
  MLVSS-hr; for indirect dischargers, the default biorate for methanol
  is 0.2 L/g MLVSS-hr.


[66 FR 40137, Aug. 2, 2001]



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

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



Sec. 63.1270  Applicability and designation of affected source.

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

Where:


[[Page 227]]


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

    (i)-(iii) [Reserved]
    (2) Facilities that only transport natural gas shall calculate the 
maximum natural gas throughput as the highest annual natural gas 
throughput over the 5 years prior to June 17, 1999, multiplied by a 
factor of 1.2.
    (3) The owner or operator shall maintain records of the annual 
facility natural gas throughput each year and upon request, submit such 
records to the Administrator. If the facility annual natural gas 
throughput increases above the maximum natural gas throughput calculated 
in paragraph (a)(1) or (a)(2) of this section, the maximum natural gas 
throughput must be recalculated using the higher throughput multiplied 
by a factor of 1.2.
    (4) The owner or operator shall determine the maximum values for 
other parameters used to calculate potential emissions as the maximum 
over the same period for which maximum throughput is determined as 
specified in paragraph (a)(1) or (a)(2) of this section. These 
parameters shall be based on an annual average or the highest single 
measured value.
    (b) The affected source is each glycol dehydration unit.
    (c) The owner or operator of a facility that does not contain an 
affected source, as specified in paragraph (b) of this section, is not 
subject to the requirements of this subpart.
    (d) The owner or operator of each affected source shall achieve 
compliance with the provisions of this subpart by the following dates:
    (1) The owner or operator of an affected source, the construction or 
reconstruction of which commenced before February 6, 1998, shall achieve 
compliance with this provisions of the subpart no later than June 17, 
2002 except as provided for in Sec. 63.6(i). The owner or operator of 
an area source, the construction or reconstruction of which commenced 
before February 6, 1998, that increases its emissions of (or its 
potential to emit) HAP such that the source becomes a major source that 
is subject to this subpart shall comply with this subpart 3 years after 
becoming a major source.
    (2) The owner or operator of an affected source, the construction or 
reconstruction of which commences on or after February 6, 1998, shall 
achieve compliance with the provisions of this subpart immediately upon 
initial startup or June 17, 1999, whichever date is later. Area sources, 
the construction or reconstruction of which commences on or after 
February 6, 1998, that become major sources shall comply with the 
provisions of this standard immediately upon becoming a major source.
    (e) An owner or operator of an affected source that is a major 
source or is located at a major source and is subject to the provisions 
of this subpart is also subject to 40 CFR part 70 or part 71 permitting 
requirements.
    (f) Exemptions. A facility with a facilitywide actual annual average 
natural gas throughput less than 28.3 thousand standard cubic meters per 
day, where glycol dehydration units are the only HAP emission source, is 
not subject to the requirements of this subpart. Records shall be 
maintained as required in Sec. 63.10(b)(3).

[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001; 
66 FR 49300, Sept. 27, 2001; 67 FR 8204, Feb. 22, 2002]



Sec. 63.1271  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Clean Air Act, subpart A of this part (General Provisions), and 
in this section. If the same term is defined in subpart A and in this 
section, it shall have the meaning given in this section for purposes of 
this subpart.
    Boiler means an enclosed device using controlled flame combustion 
and having the primary purpose of recovering and exporting thermal 
energy in the form of steam or hot water. Boiler also means any 
industrial furnace as defined in 40 CFR 260.10.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and if necessary, flow 
inducing devices that transport gas or vapor from an emission point to 
one or more

[[Page 228]]

control devices. If gas or vapor from regulated equipment is routed to a 
process (e.g., to a fuel gas system), the conveyance system shall not be 
considered a closed-vent system and is not subject to closed-vent system 
standards.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic HAP emissions.
    Compressor station means any permanent combination of compressors 
that move natural gas at increased pressure from fields, in transmission 
pipelines, or into storage.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every hour or records 
hourly or more frequent block average values.
    Control device means any equipment used for recovering or oxidizing 
HAP or volatile organic compound (VOC) vapors. Such equipment includes, 
but is not limited to, absorbers, carbon absorbers, condensers, 
incinerators, flares, boilers, and process heaters. For the purposes of 
this subpart, if gas or vapor from regulated equipment is used, reused 
(i.e., injected into the flame zone of an enclosed combustion device), 
returned back to the process, or sold, then the recovery system used, 
including piping, connections, and flow inducing devices, is not 
considered to be a control device or a closed-vent system.
    Custody transfer means the transfer of natural gas after processing 
and/or treatment in the production operations to pipelines or any other 
forms of transportation.
    Facility means any grouping of equipment where natural gas is 
processed, compressed, or stored prior to entering a pipeline to a local 
distribution company or (if there is no local distribution company) to a 
final end user. Examples of a facility for this source category are: an 
underground natural gas storage operation; or a natural gas compressor 
station that receives natural gas via pipeline, from an underground 
natural gas storage operation, or from a natural gas processing plant. 
The emission points associated with these phases include, but are not 
limited to, process vents. Processes that may have vents include, but 
are not limited to, dehydration and compressor station engines.
    Facility, for the purpose of a major source determination, means 
natural gas transmission and storage equipment that is located inside 
the boundaries of an individual surface site (as defined in this 
section) and is connected by ancillary equipment, such as gas flow lines 
or power lines. Equipment that is part of a facility will typically be 
located within close proximity to other equipment located at the same 
facility. Natural gas transmission and storage equipment or groupings of 
equipment located on different gas leases, mineral fee tracts, lease 
tracts, subsurface unit areas, surface fee tracts, or surface lease 
tracts shall not be considered part of the same facility.
    Flame zone means the portion of the combustion chamber in a 
combustion device occupied by the flame envelope.
    Flash tank. See the definition for gas-condensate-glycol (GCG) 
separator.
    Flow indicator means a device which indicates whether gas flow is 
present in a line or whether the valve position would allow gas flow to 
be present in a line.
    Gas-condensate-glycol (GCG) separator means a two-or three-phase 
separator through which the ``rich'' glycol stream of a glycol 
dehydration unit is passed to remove entrained gas and hydrocarbon 
liquid. The GCG separator is commonly referred to as a flash separator 
or flash tank.
    Glycol dehydration unit means a device in which a liquid glycol 
(including, but not limited to, ethylene glycol, diethylene glycol, or 
triethylene glycol) absorbent directly contacts a natural gas stream and 
absorbs water in a contact tower or absorption column (absorber). The 
glycol contacts and absorbs water vapor and other gas stream 
constituents from the natural gas and becomes ``rich'' glycol. This 
glycol is then regenerated in the glycol dehydration unit reboiler. The 
``lean'' glycol is then recycled.
    Glycol dehydration unit baseline operations means operations 
representative of the glycol dehydration unit operations as of June 17, 
1999. For the purposes of this subpart, for determining

[[Page 229]]

the percentage of overall HAP emission reduction attributable to process 
modifications, glycol dehydration unit baseline operations shall be 
parameter values (including, but not limited to, glycol circulation rate 
or glycol-HAP absorbency) that represent actual long-term conditions 
(i.e., at least 1 year). Glycol dehydration units in operation for less 
than 1 year shall document that the parameter values represent expected 
long-term operating conditions had process modifications not been made.
    Glycol dehydration unit process vent means the glycol dehydration 
unit reboiler vent and the vent from the GCG separator (flash tank), if 
present.
    Glycol dehydration unit reboiler vent means the vent through which 
exhaust from the reboiler of a glycol dehydration unit passes from the 
reboiler to the atmosphere or to a control device.
    Hazardous air pollutants or HAP means the chemical compounds listed 
in section 112(b) of the Clean Air Act (Act). All chemical compounds 
listed in section 112(b) of the Act need to be considered when making a 
major source determination. Only the HAP compounds listed in Table 1 of 
this subpart need to be considered when determining compliance.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section is not 
physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas. The above energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Initial startup means the first time a new or reconstructed source 
begins production. For the purposes of this subpart, initial startup 
does not include subsequent startups (as defined in this section) of 
equipment, for example, following malfunctions or shutdowns.
    Major source, as used in this subpart, shall have the same meaning 
as in Sec. 63.2, except that:
    (1) Emissions from any pipeline compressor station or pump station 
shall not be aggregated with emissions from other similar units, whether 
or not such units are in a contiguous area or under common control; and
    (2) Emissions from processes, operations, and equipment that are not 
part of the same facility, as defined in this section, shall not be 
aggregated.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
nonhydrocarbon gases found in geologic formations beneath the earth's 
surface. The principal hydrocarbon constituent is methane.
    Natural gas transmission means the pipelines used for the long 
distance transport of natural gas (excluding processing). Specific 
equipment used in natural gas transmission includes the land, mains, 
valves, meters, boosters, regulators, storage vessels, dehydrators, 
compressors, and their driving units and appurtenances, and equipment 
used for transporting gas from a production plant, delivery point of 
purchased gas, gathering system, storage area, or other wholesale source 
of gas to one or more distribution area(s).
    No detectable emissions means no escape of HAP from a device or 
system to the atmosphere as determined by:
    (1) Instrument monitoring results in accordance with the 
requirements of Sec. 63.1282(b); and
    (2) The absence of visible openings or defects in the device or 
system, such as rips, tears, or gaps.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter which, if achieved 
by itself or in combination with one or more other operating parameter 
values, indicates that an owner or operator has complied with an 
applicable operating parameter limitation, over the appropriate 
averaging period as specified in Sec. 63.1282 (e) and (f).
    Operating permit means a permit required by 40 CFR part 70 or part 
71.
    Organic monitoring device means an instrument used to indicate the 
concentration level of organic compounds

[[Page 230]]

exiting a control device based on a detection principle such as infra-
red, photoionization, or thermal conductivity.
    Primary fuel means the fuel that provides the principal heat input 
(i.e., more than 50 percent) to the device. To be considered primary, 
the fuel must be able to sustain operation without the addition of other 
fuels.
    Process heater means an enclosed device using a controlled flame, 
the primary purpose of which is to transfer heat to a process fluid or 
process material that is not a fluid, or to a heat transfer material for 
use in a process (rather than for steam generation) .
    Safety device means a device that meets both of the following 
conditions: the device is not used for planned or routine venting of 
liquids, gases, or fumes from the unit or equipment on which the device 
is installed; and the device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the unit or equipment on which the device is installed in accordance 
with good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. Examples of 
unplanned events which may require a safety device to open include 
failure of an essential equipment component or a sudden power outage.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of a glycol dehydration unit, or other affected source under 
this subpart, or equipment required or used solely to comply with this 
subpart.
    Startup means the setting into operation of a glycol dehydration 
unit, or other affected equipment under this subpart, or equipment 
required or used to comply with this subpart. Startup includes initial 
startup and operation solely for the purpose of testing equipment.
    Storage vessel means a tank or other vessel that is designed to 
contain an accumulation of crude oil, condensate, intermediate 
hydrocarbon liquids, produced water, or other liquid, and is constructed 
primarily of non-earthen materials (e.g., wood, concrete, steel, 
plastic) that provide structural support.
    Surface site means any combination of one or more graded pad sites, 
gravel pad sites, foundations, platforms, or the immediate physical 
location upon which equipment is physically affixed.
    Temperature monitoring device means an instrument used to monitor 
temperature and having a minimum accuracy of 2 
percent of the temperature being monitored expressed in [deg]C, or 
2.5 [deg]C, whichever is greater. The temperature 
monitoring device may measure temperature in degrees Fahrenheit or 
degrees Celsius, or both.
    Total organic compounds or TOC, as used in this subpart, means those 
compounds which can be measured according to the procedures of Method 
18, 40 CFR part 60, appendix A.
    Underground storage means the subsurface facilities utilized for 
storing natural gas that has been transferred from its original location 
for the primary purpose of load balancing, which is the process of 
equalizing the receipt and delivery of natural gas. Processes and 
operations that may be located at an underground storage facility 
include, but are not limited to, compression and dehydration.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001]



Sec. 63.1272  Startups, shutdowns, and malfunctions.

    (a) The provisions set forth in this subpart shall apply at all 
times except during startups or shutdowns, during malfunctions, and 
during periods of non-operation of the affected sources (or specific 
portion thereof) resulting in cessation of the emissions to which this 
subpart applies. However, during the startup, shutdown, malfunction, or 
period of non-operation of one portion of an affected source, all 
emission points which can comply with the specific provisions to which 
they are subject must do so during the startup, shutdown, malfunction, 
or period of non-operation.
    (b) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance

[[Page 231]]

with the provisions of this subpart during times when emissions are 
being routed to such items of equipment, if the shutdown would 
contravene requirements of this subpart applicable to such items of 
equipment. 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 startup, shutdown, or 
malfunction of the affected source or a portion thereof.
    (c) During startups, shutdowns, and malfunctions when the 
requirements of this subpart do not apply pursuant to paragraphs (a) and 
(b) of this section, the owner or operator shall implement, to the 
extent reasonably available, measures to prevent or minimize excess 
emissions to the maximum 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 startup, shutdown, or 
malfunction, and the owner or operator complied with the relevant 
provisions of this subpart. The measures to be taken shall be identified 
in the applicable startup, 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.
    (d) Except as provided in paragraph (e) of this section, the owner 
or operator shall prepare a startup, shutdown, or malfunction plan as 
required in Sec. 63.6(e)(3), except that the plan is not required to be 
incorporated by reference into the source's title V permit as specified 
in Sec. 63.6(e)(3)(i). Instead, the owner or operator shall keep the 
plan on record as required by Sec. 63.6(e)(3)(v). The failure of the 
plan to adequately minimize emissions during the startup, shutdown, or 
malfunction does not shield an owner or operator from enforcement 
actions.
    (e) Owners or operators are exempt from the requirements to prepare 
a startup, shutdown, or malfunction plan for any facility where all of 
the affected sources meet the exemption criteria specified in Sec. 
63.1274(d).

[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001]



Sec. 63.1273  [Reserved]



Sec. 63.1274  General standards.

    (a) Table 2 of this subpart specifies the provisions of subpart A 
(General Provisions) that apply and those that do not apply to owners 
and operators of affected sources subject to this subpart.
    (b) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. Reports 
may be submitted on electronic media.
    (c) Except as specified in paragraph (d) of this section, the owner 
or operator of an affected source (i.e., glycol dehydration unit) 
located at an existing or new major source of HAP emissions shall comply 
with the requirements in this subpart as follows:
    (1) The control requirements for glycol dehydration unit process 
vents specified in Sec. 63.1275;
    (2) The monitoring requirements specified in Sec. 63.1283, and
    (3) The recordkeeping and reporting requirements specified in 
Sec. Sec. 63.1284 and 63.1285.
    (d) Exemptions. The owner or operator is exempt from the 
requirements of paragraph (c) of this section if the criteria listed in 
paragraph (d)(1) or (2) of this section are met, except that the records 
of the determination of these criteria must be maintained as required in 
Sec. 63.1284(d).
    (1) The actual annual average flow of gas to the glycol dehydration 
unit is less than 283.0 thousand standard cubic meters per day, as 
determined by the procedures specified in Sec. 63.1282(a)(1); or
    (2) The actual average emissions of benzene from the glycol 
dehydration unit process vents to the atmosphere are less than 0.90 
megagram per year as determined by the procedures specified in Sec. 
63.1282(a)(2) of this subpart.
    (e) Each owner or operator of a major HAP source subject to this 
subpart is required to apply for a part 70 or part

[[Page 232]]

71 operating permit from the appropriate permitting authority. If the 
Administrator has approved a State operating permit program under part 
70, the permit shall be obtained from the State authority. If a State 
operating permit program has not been approved, the owner or operator 
shall apply to the EPA Regional Office pursuant to part 71.
    (f) [Reserved]
    (g) In all cases where the provisions of this subpart require an 
owner or operator to repair leaks by a specified time after the leak is 
detected, it is a violation of this standard to fail to take action to 
repair the leak(s) within the specified time. If action is taken to 
repair the leak(s) within the specified time, failure of that action to 
successfully repair the leak(s) is not a violation of this standard. 
However, if the repairs are unsuccessful, a leak is detected and the 
owner or operator shall take further action as required by the 
applicable provisions of this subpart.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001]



Sec. 63.1275  Glycol dehydration unit process vent standards.

    (a) This section applies to each glycol dehydration unit subject to 
this subpart with an actual annual average natural gas flowrate equal to 
or greater than 283.0 thousand standard cubic meters per day and with 
actual average benzene glycol dehydration unit process vent emissions 
equal to or greater than 0.90 megagrams per year.
    (b) Except as provided in paragraph (c) of this section, an owner or 
operator of a glycol dehydration unit process vent shall comply with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) For each glycol dehydration unit process vent, the owner or 
operator shall control air emissions by either paragraph (b)(1)(i) or 
(b)(1)(ii) of this section.
    (i) The owner or operator shall connect the process vent to a 
control device or a combination of control devices through a closed-vent 
system. The closed-vent system shall be designed and operated in 
accordance with the requirements of Sec. 63.1281(c). The control 
device(s) shall be designed and operated in accordance with the 
requirements of Sec. 63.1281(d).
    (ii) The owner or operator shall connect the process vent to a 
control device or a combination of control devices through a closed-vent 
system and the outlet benzene emissions from the control device(s) shall 
be less than 0.90 megagrams per year. The closed-vent system shall be 
designed and operated in accordance with the requirements of Sec. 
63.1281(c). The control device(s) shall be designed and operated in 
accordance with the requirements of Sec. 63.1281(d), except that the 
performance requirements specified in Sec. 63.1281(d)(1)(i) and (ii) do 
not apply.
    (2) One or more safety devices that vent directly to the atmosphere 
may be used on the air emission control equipment installed to comply 
with paragraph (b)(1) of this section.
    (c) As an alternative to the requirements of paragraph (b) of this 
section, the owner or operator may comply with one of the following:
    (1) The owner or operator shall control air emissions by connecting 
the process vent to a process natural gas line.
    (2) The owner or operator shall demonstrate, to the Administrator's 
satisfaction, that the total HAP emissions to the atmosphere from the 
glycol dehydration unit process vent are reduced by 95.0 percent through 
process modifications or a combination of process modifications and one 
or more control devices, in accordance with the requirements specified 
in Sec. 63.1281(e).
    (3) Control of HAP emissions from a GCG separator (flash tank) vent 
is not required if the owner or operator demonstrates, to the 
Administrator's satisfaction, that total emissions to the atmosphere 
from the glycol dehydration unit process vent are reduced by one of the 
levels specified in paragraph (c)(3)(i) or (ii) through the installation 
and operation of controls as specified in paragraph (b)(1) of this 
section.
    (i) HAP emissions are reduced by 95.0 percent or more.
    (ii) Benzene emissions are reduced to a level less than 0.90 
megagrams per year.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001]

[[Page 233]]



Sec. Sec. 63.1276-63.1280  [Reserved]



Sec. 63.1281  Control equipment requirements.

    (a) This section applies to each closed-vent system and control 
device installed and operated by the owner or operator to control air 
emissions as required by the provisions of this subpart. Compliance with 
paragraphs (c) and (d) of this section will be determined by review of 
the records required by Sec. 63.1284, the reports required by Sec. 
63.1285, by review of performance test results, and by inspections.
    (b) [Reserved]
    (c) Closed-vent system requirements. (1) The closed-vent system 
shall route all gases, vapors, and fumes emitted from the material in a 
HAP emissions unit to a control device that meets the requirements 
specified in paragraph (d) of this section.
    (2) The closed-vent system shall be designed and operated with no 
detectable emissions.
    (3) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, the owner or operator shall meet 
the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of 
this section.
    (i) For each bypass device, except as provided for in paragraph 
(c)(3)(ii) of this section, the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, properly install, 
calibrate, maintain, and operate a flow indicator that is capable of 
taking periodic readings and sounding an alarm when the bypass device is 
open such that the stream is being, or could be, diverted away from the 
control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the 
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (c)(3)(i) of this section.
    (d) Control device requirements. (1) The control device used to 
reduce HAP emissions in accordance with the standards of this subpart 
shall be one of the control devices specified in paragraphs (d)(1)(i) 
through (iii) of this section.
    (i) An enclosed combustion device (e.g., thermal vapor incinerator, 
catalytic vapor incinerator, boiler, or process heater) that is designed 
and operated in accordance with one of the following performance 
requirements:
    (A) Reduces the mass content of either TOC or total HAP in the gases 
vented to the device by 95.0 percent by weight or greater, as determined 
in accordance with the requirements of Sec. 63.1282(d);
    (B) Reduces the concentration of either TOC or total HAP in the 
exhaust gases at the outlet to the device to a level equal to or less 
than 20 parts per million by volume on a dry basis corrected to 3 
percent oxygen as determined in accordance with the requirements of 
Sec. 63.1282(d); or
    (C) Operates at a minimum residence time of 0.5 second at a minimum 
temperature of 760 [deg]C.
    (D) If a boiler or process heater is used as the control device, 
then the vent stream shall be introduced into the flame zone of the 
boiler or process heater.
    (ii) A vapor recovery device (e.g., carbon adsorption system or 
condenser) or other control device that is designed and operated to 
reduce the mass content of either TOC or total HAP in the gases vented 
to the device by 95.0 percent by weight or greater as determined in 
accordance with the requirements of Sec. 63.1282(d).
    (iii) A flare that is designed and operated in accordance with the 
requirements of Sec. 63.11(b).
    (2) [Reserved]
    (3) The owner or operator shall demonstrate that a control device 
achieves the performance requirements of paragraph (d)(1) of this 
section by following the procedures specified in Sec. 63.1282(d).
    (4) The owner or operator shall operate each control device in 
accordance with the requirements specified in paragraphs (d)(4)(i) and 
(ii) of this section.

[[Page 234]]

    (i) Each control device used to comply with this subpart shall be 
operating at all times when gases, vapors, and fumes are vented from the 
emissions unit or units through the closed-vent system to the control 
device, as required under Sec. 63.1275, except when maintenance or 
repair of a unit cannot be completed without a shutdown of the control 
device. An owner or operator may vent more than one unit to a control 
device used to comply with this subpart.
    (ii) For each control device monitored in accordance with the 
requirements of Sec. 63.1283(d), the owner or operator shall 
demonstrate compliance according to the requirements of Sec. 
63.1282(e), or (f) as applicable.
    (5) For each carbon adsorption system used as a control device to 
meet the requirements of paragraph (d)(1) of this section, the owner or 
operator shall manage the carbon as follows:
    (i) Following the initial startup of the control device, all carbon 
in the control device shall be replaced with fresh carbon on a regular, 
predetermined time interval that is no longer than the carbon service 
life established for the carbon adsorption system.
    (ii) The spent carbon removed from the carbon adsorption system 
shall be either regenerated, reactivated, or burned in one of the units 
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(G) of this 
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with this 
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with a 
national emissions standard for HAP under another subpart in 40 CFR part 
61 or this part.
    (D) Burned in a hazardous waste incinerator for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator which the owner or 
operator has designed and operates in accordance with the requirements 
of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace which the owner or 
operator has designed and operates in accordance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (e) Process modification requirements. Each owner or operator that 
chooses to comply with Sec. 63.1275(c)(2) shall meet the requirements 
specified in paragraphs (e)(1) through (e)(3) of this section.
    (1) The owner or operator shall determine glycol dehydration unit 
baseline operations (as defined in Sec. 63.1271). Records of glycol 
dehydration unit baseline operations shall be retained as required under 
Sec. 63.1284(b)(9).
    (2) The owner or operator shall document, to the Administrator's 
satisfaction, the conditions for which glycol dehydration unit baseline 
operations shall be modified to achieve the 95.0 percent overall HAP 
emission reduction, either through process modifications or through a 
combination of process modifications and one or more control devices. If 
a combination of process modifications and one or more control devices 
are used, the owner or operator shall also establish the percent HAP 
reduction to be achieved by the control device to achieve an overall HAP 
emission reduction of 95.0 percent for the glycol dehydration unit 
process vent. Only modifications in glycol dehydration unit operations 
directly related to process changes, including but not limited to 
changes in glycol circulation rate or glycol-HAP absorbency, shall be 
allowed. Changes in the inlet gas characteristics or natural gas 
throughput rate shall not be considered in determining the overall HAP 
emission reduction due to process modifications.

[[Page 235]]

    (3) The owner or operator that achieves a 95.0 percent HAP emission 
reduction using process modifications alone shall comply with paragraph 
(e)(3)(i) of this section. The owner or operator that achieves a 95.0 
percent HAP emission reduction using a combination of process 
modifications and one or more control devices shall comply with 
paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
    (i) The owner or operator shall maintain records, as required in 
Sec. 63.1284(b)(10), that the facility continues to operate in 
accordance with the conditions specified under paragraph (e)(2) of this 
section.
    (ii) The owner or operator shall comply with the control device 
requirements specified in paragraph (d) of this section, except that the 
emission reduction achieved shall be the emission reduction specified in 
paragraph (e)(2) of this section.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 
68 FR 37357, June 23, 2003]



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

    (a) Determination of glycol dehydration unit flowrate or benzene 
emissions. The procedures of this paragraph shall be used by an owner or 
operator to determine glycol dehydration unit natural gas flowrate or 
benzene emissions to meet the criteria for the exemption from control 
requirements under Sec. 63.1274(d).
    (1) The determination of actual flowrate of natural gas to a glycol 
dehydration unit shall be made using the procedures of either paragraph 
(a)(1)(i) or (a)(1)(ii) of this section.
    (i) The owner or operator shall install and operate a monitoring 
instrument that directly measures natural gas flowrate to the glycol 
dehydration unit with an accuracy of plus or minus 2 percent or better. 
The owner or operator shall convert the annual natural gas flowrate to a 
daily average by dividing the annual flowrate by the number of days per 
year the glycol dehydration unit processed natural gas.
    (ii) The owner or operator shall document, to the Administrator's 
satisfaction, that the actual annual average natural gas flowrate to the 
glycol dehydration unit is less than 283.0 thousand standard cubic 
meters per day.
    (2) The determination of actual average benzene emissions from a 
glycol dehydration unit shall be made using the procedures of either 
paragraph (a)(2)(i) or (a)(2)(ii) of this section. Emissions shall be 
determined either uncontrolled or with federally enforceable controls in 
place.
    (i) The owner or operator shall determine actual average benzene 
emissions using the model GRI-GLYCalcTM, Version 3.0 or 
higher, and the procedures presented in the associated GRI-
GLYCalcTM Technical Reference Manual. Inputs to the model 
shall be representative of actual operating conditions of the glycol 
dehydration unit and may be determined using the procedures documented 
in the Gas Research Institute (GRI) report entitled ``Atmospheric Rich/
Lean Method for Determining Glycol Dehydrator Emissions'' (GRI-95/
0368.1); or
    (ii) The owner or operator shall determine an average mass rate of 
benzene emissions in kilograms per hour through direct measurement by 
performing three runs of Method 18 in 40 CFR part 60, appendix A (or an 
equivalent method), and averaging the results of the three runs. Annual 
emissions in kilograms per year shall be determined by multiplying the 
mass rate by the number of hours the unit is operated per year. This 
result shall be converted to megagrams per year.
    (b) No detectable emissions test procedure. (1) The procedure shall 
be conducted in accordance with Method 21, 40 CFR part 60, appendix A.
    (2) The detection instrument shall meet the performance criteria of 
Method 21, 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the fluid, and not for each individual organic 
compound in the stream.
    (3) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21, 40 CFR part 60, 
appendix A.
    (4) Calibration gases shall be as follows:

[[Page 236]]

    (i) Zero air (less than 10 parts per million by volume hydrocarbon 
in air); and
    (ii) A mixture of methane in air at a methane concentration of less 
than 10,000 parts per million by volume.
    (5) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (6)(i) Except as provided in paragraph (b)(6)(ii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 shall be for the average 
composition of the process fluid not each individual volatile organic 
compound in the stream. For process streams that contain nitrogen, air, 
or other inerts which are not organic HAP or VOC, the average stream 
response factor shall be calculated on an inert-free basis.
    (ii) If no instrument is available at the facility that will meet 
the performance criteria specified in paragraph (b)(6)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (b)(6)(i) of this section.
    (7) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (b)(7)(i) or (b)(7)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (b)(8) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (b)(5) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (b)(8) of this section.
    (8) A potential leak interface is determined to operate with no 
detectable organic emissions if the organic concentration value 
determined in paragraph (b)(7) is less than 500 parts per million by 
volume.
    (c) [Reserved]
    (d) Control device performance test procedures. This paragraph 
applies to the performance testing of control devices. The owners or 
operators shall demonstrate that a control device achieves the 
performance requirements of Sec. 63.1281(d)(1) or (e)(3)(ii) using 
either a performance test as specified in paragraph (d)(3) of this 
section or a design analysis as specified in paragraph (d)(4) of this 
section. The owner or operator may elect to use the alternative 
procedures in paragraph (d)(5) of this section for performance testing 
of a condenser used to control emissions from a glycol dehydration unit 
process vent.
    (1) The following control devices are exempt from the requirements 
to conduct performance tests and design analyses under this section:
    (i) Except as specified in paragraph (d)(2) of this section, a flare 
that is designed and operated in accordance with Sec. 63.11(b);
    (ii) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (iii) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel;
    (iv) A boiler or process heater burning hazardous waste for which 
the owner or operator has either been issued a final permit under 40 CFR 
part 270 and complies with the requirements of 40 CFR part 266, subpart 
H, or has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H;
    (v) A hazardous waste incinerator for which the owner or operator 
has been

[[Page 237]]

issued a final permit under 40 CFR part 270 and complies with the 
requirements of 40 CFR part 264, subpart O, or has certified compliance 
with the interim status requirements of 40 CFR part 265, subpart O.
    (vi) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA, and the 
test was conducted using the same methods specified in this section, and 
either no process changes have been made since the test, or the owner or 
operator can demonstrate that the results of the performance test, with 
or without adjustments, reliably demonstrate compliance despite process 
changes.
    (2) An owner or operator shall design and operate each flare in 
accordance with the requirements specified in Sec. 63.11(b) and in 
paragraphs (d)(2)(i) and (d)(2)(ii) of this section.
    (i) The compliance determination shall be conducted using Method 22 
of 40 CFR part 60, appendix A, to determine visible emissions.
    (ii) An owner or operator is not required to conduct a performance 
test to determine percent emission reduction or outlet organic HAP or 
TOC concentration when a flare is used.
    (3) For a performance test conducted to demonstrate that a control 
device meets the requirements of Sec. 63.1281(d)(1) or (e)(3)(ii), the 
owner or operator shall use the test methods and procedures specified in 
paragraphs (d)(3)(i) through (iv) of this section. The performance test 
results shall be submitted in the Notification of Compliance Status 
Report as required in Sec. 63.1285(d)(1)(ii).
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites specified in 
paragraphs (d)(3)(i)(A) and (B) of this section. Any references to 
particulate mentioned in Methods 1 and 1A do not apply to this section.
    (A) To determine compliance with the control device percent 
reduction requirements specified in Sec. 
63.1281(d)(1)(i)(A),(d)(1)(ii), or (e)(3)(ii), sampling sites shall be 
located at the inlet of the first control device and at the outlet of 
the final control device.
    (B) To determine compliance with the enclosed combustion device 
total HAP concentration limit specified in Sec. 63.1281(d)(1)(i)(B), 
the sampling site shall be located at the outlet of the device.
    (ii) The gas volumetric flowrate shall be determined using Method 2, 
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
    (iii) To determine compliance with the control device percent 
reduction performance requirement in Sec. 63.1281(d)(1)(i)(A), 
63.1281(d)(1)(ii), or 63.1281(e)(3)(ii), the owner or operator shall use 
either Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR part 
60, appendix A; alternatively, any other method or data that have been 
validated according to the applicable procedures in Method 301 of 
appendix A of this part may be used. The following procedures shall be 
used to calculate the percentage of reduction:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (B) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei, Eo) shall be computed using the equations 
and procedures specified in paragraphs (d)(3)(iii)(B)(1) through (3) of 
this section. As an alternative, the mass rate of either TOC (minus 
methane and ethane) or total HAP at the inlet of the control device 
(Ei) may be calculated using the procedures specified in 
paragraph (d)(3)(iii)(B)(4) of this section.
    (1) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR29JN01.027
    
Where:

Cij, Coj = Concentration of sample component j of 
the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, parts per million by volume.

[[Page 238]]

Ei, Eo = Mass rate of TOC (minus methane and 
ethane) or total HAP at the inlet and outlet of the control device, 
respectively, dry basis, kilogram per hour.
Mij, Moj = Molecular weight of sample component j 
of the gas stream at the inlet and outlet of the control device, 
respectively, gram/gram-mole.
Qi, Qo = Flowrate of gas stream at the inlet and 
outlet of the control device, respectively, dry standard cubic meter per 
minute.
K2 = Constant, 2.494x10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature is 20 [deg]C.
n = Number of components in sample.

    (2) When the TOC mass rate is calculated, all organic compounds 
(minus methane and ethane) measured by Method 18, of 40 CFR part 60, 
appendix A; or Method 25A, 40 CFR part 60, appendix A, shall be summed 
using the equations in paragraph (d)(3)(iii)(B)(1) of this section.
    (3) When the total HAP mass rate is calculated, only HAP chemicals 
listed in Table 1 of this subpart shall be summed using the equations in 
paragraph (d)(3)(iii)(B)(1) of this section.
    (4) As an alternative to the procedures for calculating 
Ei specified in paragraph (d)(3)(iii)(B)(1) of this section, 
the owner or operator may use the model GRI-GLYCalcTM, 
Version 3.0 or higher, and the procedures presented in the associated 
GRI-GLYCalcTM Technical Reference Manual. Inputs to the model 
shall be representative of actual operating conditions of the glycol 
dehydration unit and shall be determined using the procedures documented 
in the Gas Research Institute (GRI) report entitled ``Atmospheric Rich/
Lean Method for Determining Glycol Dehydrator Emissions'' (GRI-95/
0368.1). When the TOC mass rate is calculated for glycol dehydration 
units using the model GRI-GLYCalcTM, all organic compounds 
(minus methane and ethane) measured by Method 18, 40 CFR part 60, 
appendix A, or Method 25A, 40 CFR part 60, appendix A, shall be summed. 
When the total HAP mass rate is calculated for glycol dehydration units 
using the model GRI-GLYCalcTM, only HAP chemicals listed in 
Table 1 of this subpart shall be summed.
    (C) The percentage of reduction in TOC (minus methane and ethane) or 
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JN99.010

Where:

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

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

[[Page 239]]

    (B) The TOC concentration or total HAP concentration shall be 
calculated according to paragraph (d)(3)(iv)(B)(1) or (d)(3)(iv)(B)(2) 
of this section.
    (1) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.011

Where:

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

    (2) The total HAP concentration (CHAP) shall be computed 
according to the equation in paragraph (d)(3)(iv)(B)(1) of this section, 
except that only HAP chemicals listed in Table 1 of this subpart shall 
be summed.
    (C) The TOC concentration or total HAP concentration shall be 
corrected to 3 percent oxygen as follows:
    (1) The emission rate correction factor for excess air, integrated 
sampling and analysis procedures of Method 3B, 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 samples are taken for determining TOC concentration or total HAP 
concentration.
    (2) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.012

Where:

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

    (4) For a design analysis conducted to meet the requirements of 
Sec. 63.1281(d)(1) or (e)(3)(ii), the owner or operator shall meet the 
requirements specified in paragraphs (d)(4)(i) and (d)(4)(ii) of this 
section. Documentation of the design analysis shall be submitted as a 
part of the Notification of Compliance Status Report as required in 
Sec. 63.1285(d)(1)(i).
    (i) The design analysis shall include analysis of the vent stream 
characteristics and control device operating parameters for the 
applicable control device as specified in paragraphs (d)(4)(i) (A) 
through (F) of this section.
    (A) For a thermal vapor incinerator, the design analysis shall 
include the vent stream composition, constituent concentrations, and 
flowrate and shall establish the design minimum and average temperatures 
in the combustion zone and the combustion zone residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
include the vent stream composition, constituent concentrations, and 
flowrate and shall establish the design minimum and average temperatures 
across the catalyst bed inlet and outlet, and the design service life of 
the catalyst.
    (C) For a boiler or process heater, the design analysis shall 
include the vent stream composition, constituent concentrations, and 
flowrate; shall establish the design minimum and average flame zone 
temperatures and combustion zone residence time; and shall describe the 
method and location where the vent stream is introduced into the flame 
zone.
    (D) For a condenser, the design analysis shall include the vent 
stream composition, constituent concentrations, flowrate, relative 
humidity, and temperature, and shall establish the design outlet organic 
compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet. As an alternative 
to the design analysis, an owner or operator may elect to use the 
procedures specified in paragraph (d)(5) of this section.
    (E) For a regenerable carbon adsorption, the design analysis shall 
include

[[Page 240]]

the vent stream composition, constituent concentrations, flowrate, 
relative humidity, and temperature, and shall establish the design 
exhaust vent stream organic compound concentration level, adsorption 
cycle time, number and capacity of carbon beds, type and working 
capacity of activated carbon used for the carbon beds, design total 
regeneration stream flow over the period of each complete carbon bed 
regeneration cycle, design carbon bed temperature after regeneration, 
design carbon bed regeneration time, and design service life of the 
carbon.
    (F) For a nonregenerable carbon adsorption system, such as a carbon 
canister, the design analysis shall include the vent stream composition, 
constituent concentrations, flowrate, relative humidity, and 
temperature, and shall establish the design exhaust vent stream organic 
compound concentration level, capacity of the carbon bed, type and 
working capacity of activated carbon used for the carbon bed, and design 
carbon replacement interval based on the total carbon working capacity 
of the control device and source operating schedule. In addition, these 
systems will incorporate dual carbon canisters in case of emission 
breakthrough occurring in one canister.
    (ii) If the owner or operator and the Administrator do not agree on 
a demonstration of control device performance using a design analysis, 
then the disagreement shall be resolved using the results of a 
performance test performed by the owner or operator in accordance with 
the requirements of paragraph (d)(3) of this section. The Administrator 
may choose to have an authorized representative observe the performance 
test.
    (5) As an alternative to the procedures in paragraphs (d)(3) and 
(d)(4)(i)(D) of this section, an owner or operator may elect to use the 
procedures documented in the GRI report entitled, ``Atmospheric Rich/
Lean Method for Determining Glycol Dehydrator Emissions,'' (GRI-95/
0368.1) as inputs for the model GRI-GLYCalcTM, Version 3.0 or 
higher, to determine condenser performance.
    (e) Compliance demonstration for control devices performance 
requirements. This paragraph applies to the demonstration of compliance 
with the control device performance requirements specified in Sec. 
63.1281(d)(1) and (e)(3)(ii). Compliance shall be demonstrated using the 
requirements in paragraphs (e)(1) through (3) of this section. As an 
alternative, an owner or operator that installs a condenser as the 
control device to achieve the requirements specified in Sec. 
63.1281(d)(1)(ii) or (e)(3)(ii) may demonstrate compliance according to 
paragraph (f) of this section. An owner or operator may switch between 
compliance with paragraph (e) of this section and compliance with 
paragraph (f) of this section only after at least 1 year of operation in 
compliance with the selected approach. Notification of such a change in 
the compliance method shall be reported in the next Periodic Report, as 
required in Sec. 63.1285(e), following the change.
    (1) The owner or operator shall establish a site specific maximum or 
minimum monitoring parameter value (as appropriate) according to the 
requirements of Sec. 63.1283(d)(5)(i).
    (2) The owner or operator shall calculate the daily average of the 
applicable monitored parameter in accordance with Sec. 63.1283(d)(4).
    (3) Compliance is achieved when the daily average of the monitoring 
parameter value calculated under paragraph (e)(2) of this section is 
either equal to or greater than the minimum or equal to or less than the 
maximum monitoring value established under paragraph (e)(1) of this 
section.
    (f) Compliance demonstration with percent reduction performance 
requirements--condensers. This paragraph applies to the demonstration of 
compliance with the performance requirements specified in Sec. 
63.1281(d)(1)(ii) for condensers. Compliance shall be demonstrated using 
the procedures in paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall establish a site-specific condenser 
performance curve according to the procedures specified in Sec. 
63.1283(d)(5)(ii).
    (2) Compliance with the percent reduction requirement in Sec. 
63.1281(d)(1)(ii) or (e)(3) shall be demonstrated by the procedures in 
paragraphs (f)(2)(i) through (iii) of this section.

[[Page 241]]

    (i) The owner or operator must calculate the daily average condenser 
outlet temperature in accordance with Sec. 63.1283(d)(4).
    (ii) The owner or operator shall determine the condenser efficiency 
for the current operating day using the daily average condenser outlet 
temperature calculated in paragraph (f)(2)(i) of this section and the 
condenser performance curve established in paragraph (f)(1) of this 
section.
    (iii) Except as provided in paragraphs (f)(2)(iii)(A), (B), and (D) 
of this section, at the end of each operating day the owner or operator 
shall calculate the 30-day average HAP emission reduction from the 
condenser efficiencies as determined in paragraph (f)(2)(ii) of this 
section for the preceding 30 operating days. If the owner or operator 
uses a combination of process modifications and a condenser in 
accordance with the requirements of Sec. 63.1281(e), the 30-day average 
HAP emission reduction shall be calculated using the emission reduction 
achieved through process modifications and the condenser efficiency as 
determined in paragraph (f)(2)(ii) of this section, both for the 
preceding 30 operating days.
    (A) After the compliance date specified in Sec. 63.1270(d), an 
owner or operator of a facility that stores natural gas that has less 
than 30 days of data for determining the average HAP emission reduction 
shall calculate the cumulative average at the end of the withdrawal 
season, each season, until 30 days of condenser operating data are 
accumulated. For a facility that does not store natural gas, the owner 
or operator that has less than 30 days of data for determining average 
HAP emission reduction shall calculate the cumulative average at the end 
of the calendar year, each year, until 30 days of condenser operating 
data are accumulated.
    (B) After the compliance date specified in Sec. 63.1270(d), for an 
owner or operator that has less than 30 days of data for determining the 
average HAP emission reduction, compliance is achieved if the average 
HAP emission reduction calculated in paragraph (f)(2)(iii)(A) of this 
section is equal to or greater than 95.0 percent.
    (C) For the purposes of this subpart, a withdrawal season begins the 
first time gas is withdrawn from the storage field after July 1 of the 
calendar year and ends on June 30 of the next calendar year.
    (D) Glycol dehydration units that are operated continuously have the 
option of complying with the requirements specified in 40 CFR 63.772(g).
    (3) Compliance is achieved with the emission limitation specified in 
Sec. 63.1281(d)(1)(ii) or (e)(3) if the average HAP emission reduction 
calculated in paragraph (f)(2)(iii) of this section is equal to or 
greater than 95.0 percent.

[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001]



Sec. 63.1283  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission 
controls in accordance with the requirements of Sec. 63.1275.
    (b) [Reserved]
    (c) Closed-vent system inspection and monitoring requirements. (1) 
For each closed-vent system required to comply with this section, the 
owner or operator shall comply with the requirements of paragraphs 
(c)(2) through (7) of this section.
    (2) Except as provided in paragraphs (c)(5) and (6) of this section, 
each closed-vent system shall be inspected according to the procedures 
and schedule specified in paragraphs (c)(2)(i) and (ii) of this section 
and each bypass device shall be inspected according to the procedures of 
(c)(2)(iii) of this section.
    (i) For each closed-vent system joints, seams, or other connections 
that are permanently or semi-permanently sealed (e.g., a welded joint 
between two sections of hard piping or a bolted or gasketed ducting 
flange), the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures 
specified in Sec. 63.1282(b) to demonstrate that the closed-vent system 
operates with no detectable emissions. Inspection results shall be 
submitted with the Notification of Compliance Status Report as specified 
in Sec. 63.1285(d)(1) or (2).
    (B) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are

[[Page 242]]

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

[[Page 243]]

    (7) Records shall be maintained as specified in Sec. 63.1284(b)(5) 
through (8).
    (d) Control device monitoring requirements. (1) For each control 
device except as provided for in paragraph (d)(2) of this section, the 
owner or operator shall install and operate a continuous parameter 
monitoring system in accordance with the requirements of paragraphs 
(d)(3) through (9) of this section that will allow a determination to be 
made whether the control device is achieving the applicable performance 
requirements of Sec. 63.1281(d) or (e)(3). Owners or operators that 
install and operate a flare in accordance with Sec. 63.1281(d)(1)(iii) 
are exempt from the requirements of paragraphs (d)(4) and (5) of this 
section. The continuous parameter monitoring system must meet the 
following specifications and requirements:
    (i) Each continuous parameter monitoring system shall measure data 
values at least once every hour and record either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period or shorter 
periods calculated from all measured data values during each period. If 
values are measured more frequently than once per minute, a single value 
for each minute may be used to calculate the hourly (or shorter period) 
block average instead of all measured values.
    (ii) The monitoring system must be installed, calibrated, operated, 
and maintained in accordance with the manufacturer's specifications or 
other written procedures that provide reasonable assurance that the 
monitoring equipment is operating properly.
    (2) An owner or operator is exempted from the monitoring 
requirements specified in paragraphs (d)(3) through (9) of this section 
for the following types of control devices:
    (i) A boiler or process heater in which all vent streams are 
introduced with the primary fuel or are used as the primary fuel;
    (ii) A boiler or process heater with a design heat input capacity 
equal to or greater than 44 megawatts.
    (3) The owner or operator shall install, calibrate, operate, and 
maintain a device equipped with a continuous recorder to measure the 
values of operating parameters appropriate for the control device as 
specified in either paragraph (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) of 
this section.
    (i) A continuous monitoring system that measures the following 
operating parameters as applicable:
    (A) For a thermal vapor incinerator, a temperature monitoring device 
equipped with a continuous recorder. The monitoring device shall have a 
minimum accuracy of 2 percent of the temperature 
being monitored in [deg]C, or 2.5 [deg]C, 
whichever value is greater. The temperature sensor shall be installed at 
a location in the combustion chamber downstream of the combustion zone.
    (B) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperatures at two locations and have a minimum accuracy 
of 2 percent of the temperatures being monitored 
in [deg]C, or 2.5 [deg]C, whichever value is 
greater. One temperature sensor shall be installed in the vent stream at 
the nearest feasible point to the catalyst bed inlet and a second 
temperature sensor shall be installed in the vent stream at the nearest 
feasible point to the catalyst bed outlet.
    (C) For a flare, a heat sensing monitoring device equipped with a 
continuous recorder that indicates the continuous ignition of the pilot 
flame.
    (D) For a boiler or process heater with a design heat input capacity 
of less than 44 megawatts, a temperature monitoring device equipped with 
a continuous recorder. The temperature monitoring device shall have a 
minimum accuracy of 2 percent of the temperature 
being monitored in [deg]C, or 2.5 [deg]C, 
whichever value is greater. The temperature sensor shall be installed at 
a location in the combustion chamber downstream of the combustion zone.
    (E) For a condenser, a temperature monitoring device equipped with a 
continuous recorder. The temperature monitoring device shall have a 
minimum accuracy of 2 percent of the temperature 
being monitored in [deg]C, or 2.5 [deg]C, 
whichever value is greater. The temperature sensor shall be installed

[[Page 244]]

at a location in the exhaust vent stream from the condenser.
    (F) For a regenerative-type carbon adsorption system:
    (1) A continuous parameter monitoring system to measure and record 
the average total regeneration stream mass flow or volumetric flow 
during each carbon bed regeneration cycle. The integrating regenerating 
stream flow monitoring device must have an accuracy of 10 percent; and
    (2) A continuous parameter monitoring system to measure and record 
the average carbon bed temperature for the duration of the carbon bed 
steaming cycle and to measure the actual carbon bed temperature after 
regeneration and within 15 minutes of completing the cooling cycle. The 
temperature monitoring device shall have a minimum accuracy of 2 percent of the temperature being monitored in [deg]C, 
or 2.5 [deg]C, whichever value is greater.
    (G) For a nonregenerative-type carbon adsorption system, the owner 
or operator shall monitor the design carbon replacement interval 
established using a performance test performed in accordance with Sec. 
63.1282(d)(3) or a design analysis in accordance with Sec. 
63.1282(d)(4)(i)(F) and shall be based on the total carbon working 
capacity of the control device and source operating schedule.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device using an organic monitoring device equipped with a continuous 
recorder. The monitor must meet the requirements of Performance 
Specification 8 or 9 of appendix B of 40 CFR part 60 and must be 
installed, calibrated, and maintained according to the manufacturer's 
specifications.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraph (d)(3)(i) 
or (d)(3)(ii) of this section upon approval of the Administrator as 
specified in Sec. 63.8(f)(1) through (5).
    (4) Using the data recorded by the monitoring system, the owner or 
operator must calculate the daily average value for each monitored 
operating parameter for each operating day. If HAP emissions unit 
operation is continuous, the operating day is a 24-hour period. If the 
HAP emissions unit operation is not continuous, the operating day is the 
total number of hours of control device operation per 24-hour period. 
Valid data points must be available for 75 percent of the operating 
hours in an operating day to compute the daily average.
    (5) For each operating parameter monitored in accordance with the 
requirements of paragraph (d)(3) of this section, the owner or operator 
shall comply with paragraph (d)(5)(i) of this section for all control 
devices, and when condensers are installed, the owner or operator shall 
also comply with paragraph (d)(5)(ii) of this section for condensers.
    (i) The owner or operator shall establish a minimum operating 
parameter value or a maximum operating parameter value, as appropriate 
for the control device, to define the conditions at which the control 
device must be operated to continuously achieve the applicable 
performance requirements of Sec. 63.1281(d)(1) or (e)(3)(ii). Each 
minimum or maximum operating parameter value shall be established as 
follows:
    (A) If the owner or operator conducts performance tests in 
accordance with the requirements of Sec. 63.1282(d)(3) to demonstrate 
that the control device achieves the applicable performance requirements 
specified in Sec. 63.1281(d)(1) or (e)(3)(ii), then the minimum 
operating parameter value or the maximum operating parameter value shall 
be established based on values measured during the performance test and 
supplemented, as necessary, by control device design analysis or control 
device manufacturer's recommendations or a combination of both.
    (B) If the owner or operator uses a control device design analysis 
in accordance with the requirements of Sec. 63.1282(d)(4) to 
demonstrate that the control device achieves the applicable performance 
requirements specified in Sec. 63.1281(d)(1) or (e)(3)(ii), then the 
minimum operating parameter value or the maximum operating parameter 
value shall be established based on the control device design analysis 
and may be

[[Page 245]]

supplemented by the control device manufacturer's recommendations.
    (ii) The owner or operator shall establish a condenser performance 
curve showing the relationship between condenser outlet temperature and 
condenser control efficiency. The curve shall be established as follows:
    (A) If the owner or operator conducts a performance test in 
accordance with the requirements of Sec. 63.1282(d)(3) to demonstrate 
that the condenser achieves the applicable performance requirements in 
Sec. 63.1281(d)(1) or (e)(3)(ii), then the condenser performance curve 
shall be based on values measured during the performance test and 
supplemented as necessary by control device design analysis, or control 
device manufacturer's recommendations, or a combination or both.
    (B) If the owner or operator uses a control device design analysis 
in accordance with the requirements of Sec. 63.1282(d)(4)(i)(D) to 
demonstrate that the condenser achieves the applicable performance 
requirements specified in Sec. 63.1281(d)(1) or (e)(3)(ii), then the 
condenser performance curve shall be based on the condenser design 
analysis and may be supplemented by the control device manufacturer's 
recommendations.
    (C) As an alternative to paragraphs (d)(5)(ii)(A) and (B) of this 
section, the owner or operator may elect to use the procedures 
documented in the GRI report entitled, ``Atmospheric Rich/Lean Method 
for Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1) as inputs 
for the model GRI-GLYCalcTM, Version 3.0 or higher, to 
generate a condenser performance curve.
    (6) An excursion for a given control device is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (d)(6)(i) through 
(d)(6)(iv) of this section being met. When multiple operating parameters 
are monitored for the same control device and during the same operating 
day, and more than one of these operating parameters meets an excursion 
criterion specified in paragraphs (d)(6)(i) through (d)(6)(iv) of this 
section, then a single excursion is determined to have occurred for the 
control device for that operating day.
    (i) An excursion occurs when the daily average value of a monitored 
operating parameter is less than the minimum operating parameter limit 
(or, if applicable, greater than the maximum operating parameter limit) 
established for the operating parameter in accordance with the 
requirements of paragraph (d)(5)(i) of this section.
    (ii) An excursion occurs when average condenser efficiency 
calculated according to the requirements specified in Sec. 
63.1282(f)(2)(iii) is less than 95.0 percent, as specified in Sec. 
63.1282(f)(3).
    (iii) An excursion occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.
    (iv) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, an excursion occurs when:
    (A) For each bypass line subject to Sec. 63.1281(c)(3)(i)(A) the 
flow indicator indicates that flow has been detected and that the stream 
has been diverted away from the control device to the atmosphere.
    (B) For each bypass line subject to Sec. 63.1281(c)(3)(i)(B), if 
the seal or closure mechanism has been broken, the bypass line valve 
position has changed, the key for the lock-and-key type lock has been 
checked out, or the car-seal has broken.
    (7) For each excursion, except as provided for in paragraph (d)(8) 
of this section, the owner or operator shall be deemed to have failed to 
have applied control in a manner that achieves the required operating 
parameter limits. Failure to achieve the required operating parameter 
limits is a violation of this standard.
    (8) An excursion is not a violation of the operating parameter limit 
as specified in paragraphs (d)(8)(i) and (d)(8)(ii) of this section.
    (i) An excursion does not count toward the number of excused 
excursions allowed under paragraph (d)(8)(ii) of this section when the 
excursion occurs during any one of the following periods:
    (A) During a period of startup, shutdown, or malfunction when the 
affected

[[Page 246]]

facility is operated during such period in accordance with Sec. 
63.6(e)(1); or
    (B) During periods of non-operation of the unit or the process that 
is vented to the control device (resulting in cessation of HAP emissions 
to which the monitoring applies).
    (ii) For each control device, or combinations of control devices, 
installed on the same HAP emissions unit, one excused excursion is 
allowed per semiannual period for any reason. The initial semiannual 
period is the 6-month reporting period addressed by the first Periodic 
Report submitted by the owner or operator in accordance with Sec. 
63.1285(e) of this subpart.
    (9) Nothing in paragraphs (d)(1) through (d)(8) of this section 
shall be construed to allow or excuse a monitoring parameter excursion 
caused by any activity that violates other applicable provisions of this 
subpart.

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



Sec. 63.1284  Recordkeeping requirements.

    (a) The recordkeeping provisions of subpart A of this part, that 
apply and those that do not apply to owners and operators of facilities 
subject to this subpart are listed in Table 2 of this subpart.
    (b) Except as specified in paragraphs (c) and (d) of this section, 
each owner or operator of a facility subject to this subpart shall 
maintain the records specified in paragraphs (b)(1) through (b)(10) of 
this section:
    (1) The owner or operator of an affected source subject to the 
provisions of this subpart shall maintain files of all information 
(including all reports and notifications) required by this subpart. The 
files shall be retained for at least 5 years following the date of each 
occurrence, measurement, maintenance, corrective action, report or 
period.
    (i) All applicable records shall be maintained in such a manner that 
they can be readily accessed.
    (ii) The most recent 12 months of records shall be retained on site 
or shall be accessible from a central location by computer or other 
means that provides access within 2 hours after a request.
    (iii) The remaining 4 years of records may be retained offsite.
    (iv) Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on paper, microfilm, computer, 
floppy disk, magnetic tape, or microfiche.
    (2) Records specified in Sec. 63.10(b)(2);
    (3) Records specified in Sec. 63.10(c) for each monitoring system 
operated by the owner or operator in accordance with the requirements of 
Sec. 63.1283(d). Notwithstanding the previous sentence, monitoring data 
recorded during periods identified in paragraphs (b)(3)(i) through (iv) 
of this section shall not be included in any average or percent leak 
rate computed under this subpart. Records shall be kept of the times and 
durations of all such periods and any other periods during process or 
control device operation when monitors are not operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Startup, shutdown, and malfunction events. During startup, 
shutdown and malfunction events, the owner or operator shall maintain 
records indicating whether or not the startup, shutdown, or malfunction 
plan, required under Sec. 63.1272(d), was followed.
    (iii) Periods of non-operation resulting in cessation of the 
emissions to which the monitoring applies; and
    (iv) Excursions due to invalid data as defined in Sec. 
63.1283(d)(6)(iii).
    (4) Each owner or operator using a control device to comply with 
Sec. 63.1274 shall keep the following records up-to-date and readily 
accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.1283(d) or specified by the 
Administrator in accordance with Sec. 63.1283(d)(3)(iii). For flares, 
the hourly records and records of pilot flame outages specified in 
paragraph (e) of this section shall be maintained in place of continuous 
records.
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec