[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2008 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

         

          40


          Part 63 (Sec. Sec.  63.600 to 63.1199)

                         Revised as of July 1, 2007


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2007
          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........     603
      Table of CFR Titles and Chapters........................     605
      Alphabetical List of Agencies Appearing in the CFR......     623
      List of CFR Sections Affected...........................     633

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.600 refers 
                       to title 40, part 63, 
                       section 600.

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

[[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 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2007), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
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 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
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 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
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

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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appearing in the Code of Federal Regulations.

INQUIRIES

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ELECTRONIC SERVICES

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CFR Sections Affected), The United States Government Manual, the Federal 
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    The Office of the Federal Register also offers a free service on the 
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register. The NARA site also contains links to GPO Access.

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

July 1, 2007.

[[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 81-84, part 85-Sec.  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, 2007.

    Chapter I--Environmental Protection Agency appears in all thirty-one 
volumes. An alphabetical Listing of Pesticide Chemicals Index appears in 
parts 150-189, within part 180. Regulations issued by the Council on 
Environmental Quality, including an Index to Parts 1500 through 1508, 
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 Ann Worley.


[[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




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


  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 AA_National Emission Standards for Hazardous Air Pollutants From 
                  Phosphoric Acid Manufacturing Plants

Sec.
63.600 Applicability.
63.601 Definitions.
63.602 Standards for existing sources.
63.603 Standards for new sources.
63.604 Operating requirements.
63.605 Monitoring requirements.
63.606 Performance tests and compliance provisions.
63.607 Notification, recordkeeping, and reporting requirements.
63.608 Applicability of general provisions.
63.609 Compliance dates.
63.610 Exemption from new source performance standards.
63.611 Implementation and enforcement.

Appendix A to Subpart AA--Applicability of General Provisions (40 CFR 
          Part 63, Subpart A) to Subpart AA

Subpart BB_National Emission Standards for Hazardous Air Pollutants From 
                 Phosphate Fertilizers Production Plants

63.620 Applicability
63.621 Definitions.
63.622 Standards for existing sources.
63.623 Standards for new sources.
63.624 Operating requirements.
63.625 Monitoring requirements.
63.626 Performance tests and compliance provisions.
63.627 Notification, recordkeeping, and reporting requirements.
63.628 Applicability of general provisions.
63.629 Miscellaneous requirements.
63.630 Compliance dates.
63.631 Exemption from new source performance standards.
63.632 Implementation and enforcement.

Appendix A to Subpart BB--Applicability of General Provisions (40 CFR 
          Part 63, Subpart A) to Subpart BB

Subpart CC_National Emission Standards for Hazardous Air Pollutants From 
                          Petroleum Refineries

63.640 Applicability and designation of affected source.
63.641 Definitions.
63.642 General standards.
63.643 Miscellaneous process vent provisions.
63.644 Monitoring provisions for miscellaneous process vents.
63.645 Test methods and procedures for miscellaneous process vents.
63.646 Storage vessel provisions.
63.647 Wastewater provisions.
63.648 Equipment leak standards.
63.649 Alternative means of emission limitation: Connectors in gas/vapor 
          service and light liquid service.
63.650 Gasoline loading rack provisions.
63.651 Marine tank vessel loading operation provisions.
63.652 Emissions averaging provisions.
63.653 Monitoring, recordkeeping, and implementation plan for emissions 
          averaging.
63.654 Reporting and recordkeeping requirements.
63.655 Implementation and enforcement.
63.656-63.679 [Reserved]

Appendix to Subpart CC--Tables

Subpart DD_National Emission Standards for Hazardous Air Pollutants from 
                 Off-Site Waste and Recovery Operations

63.680 Applicability and designation of affected sources.
63.681 Definitions.
63.682 [Reserved]
63.683 Standards: General.
63.684 Standards: Off-site material treatment.
63.685 Standards: Tanks.
63.686 Standards: Oil-water and organic-water separators.
63.687 Standards: Surface impoundments.
63.688 Standards: Containers.
63.689 Standards: Transfer systems.
63.690 Standards: Process vents.
63.691 Standards: Equipment leaks.
63.692 [Reserved]
63.693 Standards: Closed-vent systems and control devices.
63.694 Testing methods and procedures.
63.695 Inspection and monitoring requirements.
63.696 Recordkeeping requirements.
63.697 Reporting requirements.
63.698 Implementation and enforcement.

Table 1 to Subpart DD--List of Hazardous Air Pollutants (HAP) for 
          Subpart DD
Table 2 to Subpart DD--Applicability of Paragraphs in Subpart A of This 
          Part 63--General Provisions to Subpart DD
Table 3 to Subpart DD--Tank Control Levels for Tanks at Existing 
          Affected Sources as Required by 40 CFR 63.685(b)(1)

[[Page 6]]

Table 4 to Subpart DD--Tank Control Levels for Tanks at New Affected 
          Sources as Required by 40 CFR 63.685(b)(2)

 Subpart EE_National Emission Standards for Magnetic Tape Manufacturing 
                               Operations

63.701 Applicability.
63.702 Definitions.
63.703 Standards.
63.704 Compliance and monitoring requirements.
63.705 Performance test methods and procedures to determine initial 
          compliance.
63.706 Recordkeeping requirements.
63.707 Reporting requirements.
63.708 Implementation and enforcement.

Table 1 to Subpart EE--Applicability of General Provisions to Subpart EE

Subpart FF [Reserved]

 Subpart GG_National Emission Standards for Aerospace Manufacturing and 
                            Rework Facilities

63.741 Applicability and designation of affected sources.
63.742 Definitions.
63.743 Standards: General.
63.744 Standards: Cleaning operations.
63.745 Standards: Primer and topcoat application operations.
63.746 Standards: Depainting operations.
63.747 Standards: Chemical milling maskant application operations.
63.748 Standards: Handling and storage of waste.
63.749 Compliance dates and determinations.
63.750 Test methods and procedures.
63.751 Monitoring requirements.
63.752 Recordkeeping requirements.
63.753 Reporting requirements.
63.754-63.758 [Reserved]
63.759 Implementation and enforcement.

Table 1 to Subpart GG--General Provisions Applicability to Subpart GG
Appendix A to Subpart GG--Specialty Coating Definitions

Subpart HH_National Emission Standards for Hazardous Air Pollutants From 
                Oil and Natural Gas Production Facilities

63.760 Applicability and designation of affected source.
63.761 Definitions.
63.762 Startups, shutdowns, and malfunctions.
63.763 [Reserved]
63.764 General standards.
63.765 Glycol dehydration unit process vent standards.
63.766 Storage vessel standards.
63.767-63.768 [Reserved]
63.769 Equipment leak standards.
63.770 [Reserved]
63.771 Control equipment requirements.
63.772 Test methods, compliance procedures, and compliance 
          determinations.
63.773 Inspection and monitoring requirements.
63.774 Recordkeeping requirements.
63.775 Reporting requirements.
63.776 Implementation and enforcement.
63.777 Alternative means of emission limitation.
63.778-63.779 [Reserved]

Appendix to Subpart HH--Tables

Subpart II_National Emission Standards for Shipbuilding and Ship Repair 
                            (Surface Coating)

63.780 Relationship of subpart II to subpart A of this part.
63.781 Applicability.
63.782 Definitions.
63.783 Standards.
63.784 Compliance dates.
63.785 Compliance procedures.
63.786 Test methods and procedures.
63.787 Notification requirements.
63.788 Recordkeeping and reporting requirements.
63.789 Implementation and enforcement.

Table 1 to Subpart II--General Provisions of Applicability to Subpart II
Table 2 to Subpart II--Volatile Organic HAP (VOHAP) Limits for Marine 
          Coatings
Table 3 to Subpart II--Summary of Recordkeeping and Reporting 
          Requirements
Appendix A to Subpart II--VOC Data Sheet
Appendix B to Subpart II--Maximum Allowable Thinning Rates As A Function 
          Of As Supplied VOC Content And Thinner Density

Subpart JJ_National Emission Standards for Wood Furniture Manufacturing 
                               Operations

63.800 Applicability.
63.801 Definitions.
63.802 Emission limits.
63.803 Work practice standards.
63.804 Compliance procedures and monitoring requirements.
63.805 Performance test methods.
63.806 Recordkeeping requirements.
63.807 Reporting requirements.
63.808 Implementation and enforcement.
63.809-63.819 [Reserved]

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

[[Page 7]]

Table 2 to Subpart JJ--List of Volatile Hazardous Air Pollutants
Table 3 to Subpart JJ--Summary of Emission Limits
Table 4 to Subpart JJ--Pollutants Excluded From Use in Cleaning and 
          Washoff Solvents
Table 5 to Subpart JJ--List of VHAP of Potential Concern Identified by 
          Industry
Table 6 to Subpart JJ--VHAP of Potential Concern

 Subpart KK_National Emission Standards for the Printing and Publishing 
                                Industry

63.820 Applicability.
63.821 Designation of affected sources.
63.822 Definitions.
63.823 Standards: General.
63.824 Standards: Publication rotogravure printing.
63.825 Standards: Product and packaging rotogravure and wide-web 
          flexographic printing.
63.826 Compliance dates.
63.827 Performance test methods.
63.828 Monitoring requirements.
63.829 Recordkeeping requirements.
63.830 Reporting requirements.
63.831 Implementation and enforcement.
63.832-63.839 [Reserved]

Table 1 to Subpart KK--Applicability of General Provisions to Subpart KK
Appendix A to Subpart KK--Data Quality Objective and Lower Confidence 
          Limit Approaches for Alternative Capture Efficiency Protocols 
          and Test Methods

Subpart LL_National Emission Standards for Hazardous Air Pollutants for 
                    Primary Aluminum Reduction Plants

63.840 Applicability.
63.841 Incorporation by reference.
63.842 Definitions.
63.843 Emission limits for existing sources.
63.844 Emission limits for new or reconstructed sources.
63.845 Incorporation of new source performance standards for potroom 
          groups.
63.846 Emission averaging.
63.847 Compliance provisions.
63.848 Emission monitoring requirements.
63.849 Test methods and procedures.
63.850 Notification, reporting, and recordkeeping requirements.
63.851 Regulatory authority review procedures.
63.852 Applicability of general provisions.
63.853 Implementation and enforcement.
63.854-63.859 [Reserved]

Table 1 to Subpart LL--Potline TF Limits for Emission Averaging
Table 2 to Subpart LL--Potline POM Limits for Emission Averaging
Table 3 to Subpart LL--Anode Bake Furnace Limits for Emission Averaging
Appendix A to Subpart LL--Applicability of General Provisions (40 CFR 
          Part 63, Subpart A) to Subpart LL

Subpart MM_National Emission Standards for Hazardous Air Pollutants for 
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-
                      Alone Semichemical Pulp Mills

63.860 Applicability and designation of affected source.
63.861 Definitions.
63.862 Standards.
63.863 Compliance dates.
63.864 Monitoring requirements.
63.865 Performance test requirements and test methods.
63.866 Recordkeeping requirements.
63.867 Reporting requirements.
63.868 Delegation of authority.

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

        Subpart OO_National Emission Standards for Tanks_Level 1

63.900 Applicability.
63.901 Definitions.
63.902 Standards--Tank fixed roof.
63.903-63.904 [Reserved]
63.905 Test methods and procedures.
63.906 Inspection and monitoring requirements.
63.907 Recordkeeping requirements.
63.908 Implementation and enforcement.

          Subpart PP_National Emission Standards for Containers

63.920 Applicability.
63.921 Definitions.
63.922 Standards--Container Level 1 controls.
63.923 Standards--Container Level 2 controls.
63.924 Standards--Container Level 3 controls.
63.925 Test methods and procedures.
63.926 Inspection and monitoring requirements.
63.927 Recordkeeping requirements.
63.928 Reporting requirements.
63.929 Implementation and enforcement.

     Subpart QQ_National Emission Standards for Surface Impoundments

63.940 Applicability.
63.941 Definitions.
63.942 Standards--Surface impoundment floating membrane cover.
63.943 Standards--Surface impoundment vented to control device.
63.944 [Reserved]

[[Page 8]]

63.945 Test methods and procedures.
63.946 Inspection and monitoring requirements.
63.947 Recordkeeping requirements.
63.948 Reporting requirements.
63.949 Implementation and enforcement.

   Subpart RR_National Emission Standards for Individual Drain Systems

63.960 Applicability.
63.961 Definitions.
63.962 Standards.
63.963 [Reserved]
63.964 Inspection and monitoring requirements.
63.965 Recordkeeping requirements.
63.966 Reporting requirements.
63.967 Implementation and enforcement.

Subpart SS_National Emission Standards for Closed Vent Systems, Control 
 Devices, Recovery Devices and Routing to a Fuel Gas System or a Process

63.980 Applicability.
63.981 Definitions.
63.982 Requirements.
63.983 Closed vent systems.
63.984 Fuel gas systems and processes to which storage vessel, transfer 
          rack, or equipment leak regulated materials emissions are 
          routed.
63.985 Nonflare control devices used to control emissions from storage 
          vessels and low throughput transfer racks.
63.986 Nonflare control devices used for equipment leaks only.
63.987 Flare requirements.
63.988 Incinerators, boilers, and process heaters.
63.989 [Reserved]
63.990 Absorbers, condensers, and carbon adsorbers used as control 
          devices.
63.991 [Reserved]
63.992 Implementation and enforcement.
63.993 Absorbers, condensers, carbon adsorbers and other recovery 
          devices used as final recovery devices.
63.994 Halogen scrubbers and other halogen reduction devices.
63.995 Other control devices.
63.996 General monitoring requirements for control and recovery devices.
63.997 Performance test and compliance assessment requirements for 
          control devices.
63.998 Recordkeeping requirements.
63.999 Notifications and other reports.

Subpart TT_National Emission Standards for Equipment Leaks_Control Level 
                                    1

63.1000 Applicability.
63.1001 Definitions.
63.1002 Compliance assessment.
63.1003 Equipment identification.
63.1004 Instrument and sensory monitoring for leaks.
63.1005 Leak repair.
63.1006 Valves in gas and vapor service and in light liquid service 
          standards.
63.1007 Pumps in light liquid service standards.
63.1008 Connectors in gas and vapor service and in light liquid service 
          standards.
63.1009 Agitators in gas and vapor service and in light liquid service 
          standards.
63.1010 Pumps, valves, connectors, and agitators in heavy liquid 
          service; pressure relief devices in liquid service; and 
          instrumentation systems standards.
63.1011 Pressure relief devices in gas and vapor service standards.
63.1012 Compressor standards.
63.1013 Sampling connection systems standards.
63.1014 Open-ended valves or lines standards.
63.1015 Closed vent systems and control devices; or emissions routed to 
          a fuel gas system or process.
63.1016 Alternative means of emission limitation: Enclosed-vented 
          process units.
63.1017 Recordkeeping requirements.
63.1018 Reporting requirements.

Subpart UU_National Emission Standards for Equipment Leaks_Control Level 
                               2 Standards

63.1019 Applicability.
63.1020 Definitions.
63.1021 Alternative means of emission limitation.
63.1022 Equipment identification.
63.1023 Instrument and sensory monitoring for leaks.
63.1024 Leak repair.
63.1025 Valves in gas and vapor service and in light liquid service 
          standards.
63.1026 Pumps in light liquid service standards.
63.1027 Connectors in gas and vapor service and in light liquid service 
          standards.
63.1028 Agitators in gas and vapor service and in light liquid service 
          standards.
63.1029 Pumps, valves, connectors, and agitators in heavy liquid 
          service; pressure relief devices in liquid service; and 
          instrumentation systems standards.
63.1030 Pressure relief devices in gas and vapor service standards.
63.1031 Compressors standards.
63.1032 Sampling connection systems standards.
63.1033 Open-ended valves or lines standards.
63.1034 Closed vent systems and control devices; or emissions routed to 
          a fuel gas system or process standards.
63.1035 Quality improvement program for pumps.

[[Page 9]]

63.1036 Alternative means of emission limitation: Batch processes.
63.1037 Alternative means of emission limitation: Enclosed vented 
          process units or affected facilities.
63.1038 Recordkeeping requirements.
63.1039 Reporting requirements.

Table 1 to Subpart UU--Batch Processes Monitoring Frequency for 
          Equipment Other Than Connectors

  Subpart VV_National Emission Standards for Oil-Water Separators and 
                        Organic-Water Separators

63.1040 Applicability.
63.1041 Definitions.
63.1042 Standards--Separator fixed roof.
63.1043 Standards--Separator floating roof.
63.1044 Standards--Separator vented to control device.
63.1045 Standards--Pressurized separator.
63.1046 Test methods and procedures.
63.1047 Inspection and monitoring requirements.
63.1048 Recordkeeping requirements.
63.1049 Reporting requirements.
63.1050 Implementation and enforcement.

   Subpart WW_National Emission Standards for Storage Vessels (Tanks)_
                             Control Level 2

63.1060 Applicability.
63.1061 Definitions.
63.1062 Storage vessel control requirements.
63.1063 Floating roof requirements.
63.1064 Alternative means of emission limitation.
63.1065 Recordkeeping requirements.
63.1066 Reporting requirements.
63.1067 Implementation and enforcement.

   Subpart XX_National Emission Standards for Ethylene Manufacturing 
        Process Units: Heat Exchange Systems and Waste Operations

                              Introduction

63.1080 What is the purpose of this subpart?
63.1081 When must I comply with the requirements of this subpart?

                               Definitions

63.1082 What definitions do I need to know?

                 Applicability for Heat Exchange Systems

63.1083 Does this subpart apply to my heat exchange system?
63.1084 What heat exchange systems are exempt from the requirements of 
          this subpart?

                    Heat Exchange System Requirements

63.1085 What are the general requirements for heat exchange systems?

            Monitoring Requirements for Heat Exchange Systems

63.1086 How must I monitor for leaks to cooling water?

              Repair Requirements for Heat Exchange Systems

63.1087 What actions must I take if a leak is detected?
63.1088 In what situations may I delay leak repair, and what actions 
          must I take for delay of repair?

   Recordkeeping and Reporting Requirements for Heat Exchange Systems

63.1089 What records must I keep?
63.1090 What reports must I submit?

                    Background for Waste Requirements

63.1091 What do the waste requirements do?
63.1092 What are the major differences between the requirements of 40 
          CFR part 61, subpart FF, and the waste requirements for 
          ethylene production sources?

                  Applicability for Waste Requirements

63.1093 Does this subpart apply to my waste streams?
63.1094 What waste streams are exempt from the requirements of this 
          subpart?

                           Waste Requirements

63.1095 What specific requirements must I comply with?
63.1096 What requirements must I comply with if I transfer waste off-
          site?

                     Implementation and Enforcement

63.1097 Who implements and enforces this subpart?

Table 1 to Subpart XX--Hazardous Air Pollutants
Table 2 to Subpart XX--Requirements of 40 CFR Part 61, Subpart FF, Not 
          Included in the Requirements for This Subpart and Alternate 
          Requirements

Subpart YY_National Emission Standards for Hazardous Air Pollutants for 
    Source Categories: Generic Maximum Achievable Control Technology 
                                Standards

63.1100 Applicability.
63.1101 Definitions.
63.1102 Compliance schedule.
63.1103 Source category-specific applicability, definitions, and 
          requirements.
63.1104 Process vents from continuous unit operations: applicability 
          assessment procedures and methods.

[[Page 10]]

63.1105 Transfer racks.
63.1106 Wastewater provisions.
63.1107 Equipment leaks: applicability assessment procedures and 
          methods.
63.1108 Compliance with standards and operation and maintenance 
          requirements.
63.1109 Recordkeeping requirements.
63.1110 Reporting requirements.
63.1111 Startup, shutdown, and malfunction.
63.1112 Extension of compliance, and performance test, monitoring, 
          recordkeeping, and reporting waivers and alternatives.
63.1113 Procedures for approval of alternative means of emission 
          limitation.
63.1114 Implementation and enforcement.

Subparts ZZ-BBB [Reserved]

Subpart CCC_National Emission Standards for Hazardous Air Pollutants for 
Steel Pickling_HCl Process Facilities and Hydrochloric Acid Regeneration 
                                 Plants

63.1155 Applicability.
63.1156 Definitions.
63.1157 Emission standards for existing sources.
63.1158 Emission standards for new or reconstructed sources.
63.1159 Operational and equipment requirements for existing, new, or 
          reconstructed sources.
63.1160 Compliance dates and maintenance requirements.
63.1161 Performance testing and test methods.
63.1162 Monitoring requirements.
63.1163 Notification requirements.
63.1164 Reporting requirements.
63.1165 Recordkeeping requirements.
63.1166 Implementation and enforcement.
63.1167-63.1174 [Reserved]

Table 1 to Subpart CCC--Applicability of General Provisions (40 CFR part 
          63, subpart A) to subpart CCC

Subpart DDD_National Emission Standards for Hazardous Air Pollutants for 
                         Mineral Wool Production

63.1175 What is the purpose of this subpart?
63.1176 Where can I find definitions of key words used in this subpart?
63.1177 Am I subject to this subpart?

                                Standards

63.1178 For cupolas, what standards must I meet?
63.1179 For curing ovens, what standards must I meet?
63.1180 When must I meet these standards?

                        Compliance With Standards

63.1181 How do I comply with the particulate matter standards for 
          existing, new, and reconstructed cupolas?
63.1182 How do I comply with the carbon monoxide standards for new and 
          reconstructed cupolas?
63.1183 How do I comply with the formaldehyde standards for existing, 
          new, and reconstructed curing ovens?

                    Additional Monitoring Information

63.1184 What do I need to know about the design specifications, 
          installation, and operation of a bag leak detection system?
63.1185 How do I establish the average operating temperature of an 
          incinerator?
63.1186 How may I change the compliance levels of monitored parameters?
63.1187 What do I need to know about operations, maintenance, and 
          monitoring plans?

                      Performance Tests and Methods

63.1188 What performance test requirements must I meet?
63.1189 What test methods do I use?
63.1190 How do I determine compliance?

               Notification, Recordkeeping, and Reporting

63.1191 What notifications must I submit?
63.1192 What recordkeeping requirements must I meet?
63.1193 What reports must I submit?

                   Other Requirements and Information

63.1194 Which general provisions apply?
63.1195 Who implements and enforces this subpart?
63.1196 What definitions should I be aware of?
63.1197-63.1199 [Reserved]

Table 1 to Subpart DDD--Applicability of General Provisions (40 CFR Part 
          63, Subpart A) to Subpart DDD of Part 63.
Appendix A to Subpart DDD--Free Formaldehyde Analysis of Insulation 
          Resins by the Hydroxylamine Hydrochloride Method.

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

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

[[Page 11]]



Subpart AA_National Emission Standards for Hazardous Air Pollutants From 

                  Phosphoric Acid Manufacturing Plants



Sec. 63.600  Applicability.

    (a) Except as provided in paragraphs (c), (d), and (e) of this 
section, the requirements of this subpart apply to the owner or operator 
of each phosphoric acid manufacturing plant.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAPs) emitted from the following new or existing 
affected sources at a phosphoric acid manufacturing plant:
    (1) Each wet-process phosphoric acid process line. The requirements 
of this subpart apply to the following emission points which are 
components of a wet-process phosphoric acid process line: reactors, 
filters, evaporators, and hot wells;
    (2) Each evaporative cooling tower at a phosphoric acid 
manufacturing plant;
    (3) Each phosphate rock dryer located at a phosphoric acid 
manufacturing plant;
    (4) Each phosphate rock calciner located at a phosphoric acid 
manufacturing plant;
    (5) Each superphosphoric acid process line. The requirements of this 
subpart apply to the following emission points which are components of a 
superphosphoric acid process line: evaporators, hot wells, acid sumps, 
and cooling tanks; and
    (6) Each purified acid process line. The requirements of this 
subpart apply to the following emission points which are components of a 
purified phosphoric acid process line: solvent extraction process 
equipment, solvent stripping and recovery equipment, seal tanks, carbon 
treatment equipment, cooling towers, storage tanks, pumps and process 
piping.
    (c) The requirements of this subpart do not apply to the owner or 
operator of a new or existing phosphoric acid manufacturing plant that 
is not a major source as defined in Sec. 63.2.
    (d) The provisions of this subpart do not apply to research and 
development facilities as defined in Sec. 63.601.
    (e) The emission limitations and operating parameter requirements of 
this subpart do not apply during periods of startup, shutdown, or 
malfunction, as those terms are defined in Sec. 63.2, provided that the 
source is operated in accordance with Sec. 63.6(e)(1)(i).

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001; 
71 FR 20457, Apr. 20, 2006]



Sec. 63.601  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, or in this section as follows:
    Equivalent P2O5 feed means the quantity of phosphorus, expressed as 
phosphorous pentoxide, fed to the process.
    Evaporative cooling tower means an open water recirculating device 
that uses fans or natural draft to draw or force ambient air through the 
device to remove heat from process water by direct contact.
    Exceedance means a departure from an indicator range established 
under this subpart, consistent with any averaging period specified for 
averaging the results of the monitoring.
    HAP metals mean those metals and their compounds (in particulate or 
volatile form) that are included on the list of hazardous air pollutants 
in section 112 of the Clean Air Act. HAP metals include, but are not 
limited to: antimony, arsenic, beryllium, cadmium, chromium, lead, 
manganese, nickel, and selenium expressed as particulate matter as 
measured by the methods and procedures in this subpart or an approved 
alternative method. For the purposes of this subpart, HAP metals are 
expressed as particulate matter as measured by 40 CFR part 60, appendix 
A, Method 5.
    Phosphate rock calciner means the equipment used to remove moisture 
and organic matter from phosphate rock through direct or indirect 
heating.
    Phosphate rock dryer means the equipment used to reduce the moisture 
content of phosphate rock through direct or indirect heating.
    Phosphate rock feed means all material entering any phosphate rock 
dryer or phosphate rock calciner including moisture and extraneous 
material as well as the following ore materials: fluorapatite, 
hydroxylapatite, chlorapatite, and carbonateapatite.

[[Page 12]]

    Purified phosphoric acid process line means any process line which 
uses a HAP as a solvent in the separation of impurities from the product 
acid for the purposes of rendering that product suitable for industrial, 
manufacturing or food grade uses.
    Research and development facility means research or laboratory 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and where the 
facility is not engaged in the manufacture of products for commercial 
sale in commerce or other off-site distribution, except in a de minimis 
manner.
    Superphosphoric acid process line means any process line which 
concentrates wet-process phosphoric acid to 66 percent or greater 
P2O5 content by weight.
    Total fluorides means elemental fluorine and all fluoride compounds, 
including the HAP hydrogen fluoride, as measured by reference methods 
specified in 40 CFR part 60, appendix A , Method 13 A or B, or by 
equivalent or alternative methods approved by the Administrator pursuant 
to Sec. 63.7(f).
    Wet process phosphoric acid process line means any process line 
manufacturing phosphoric acid by reacting phosphate rock and acid.



Sec. 63.602  Standards for existing sources.

    (a) Wet process phosphoric acid process line. On and after the date 
on which the performance test required to be conducted by Sec. Sec. 
63.7 and 63.606 is required to be completed, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any affected source any gases which contain 
total fluorides in excess of 10.0 gram/metric ton of equivalent 
P2O5 feed (0.020 lb/ton).
    (b) Superphosphoric acid process line.
    (1) Vacuum evaporation process. On and after the date on which the 
performance test required to be conducted by Sec. Sec. 63.7 and 63.606 
is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain total 
fluorides in excess of 5.0 gram/metric ton of equivalent 
P2O5 feed (0.010 lb/ton).
    (2) Submerged combustion process. On and after the date on which the 
performance test required to be conducted by Sec. Sec. 63.7 and 63.606 
is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain total 
fluorides in excess of 100.0 gram/metric ton of equivalent 
P2O5 feed (0.20 lb/ton).
    (c) Phosphate rock dryer. On or after the date on which the 
performance test required to be conducted by Sec. Sec. 63.7 and 63.606 
is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain particulate 
matter in excess of 0.10750 kilogram/metric ton of phosphate rock feed 
(0.2150 lb/ton).
    (d) Phosphate rock calciner. On or after the date on which the 
performance test required to be conducted by Sec. Sec. 63.7 and 63.606 
is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain particulate 
matter in excess of 0.1810 gram per dry standard cubic meter (g/dscm) 
(0.080 grains per dry standard cubic foot (gr/dscf)).
    (e) Evaporative cooling tower. No owner or operator shall introduce 
into any evaporative cooling tower any liquid effluent from any wet 
scrubbing device installed to control emissions from process equipment. 
Each owner or operator of an affected source subject to this paragraph 
(e) must certify to the Administrator annually that he/she has complied 
with the requirements contained in this section.
    (f) Purified phosphoric acid process line. (1) Each owner or 
operator subject to the provisions of this subpart shall comply with the 
provisions of subpart H of this part.
    (2) For any existing purified phosphoric acid process line, any of 
the following shall constitute a violation of this subpart:

[[Page 13]]

    (i) A thirty day average of daily concentration measurements of 
methyl isobutyl ketone in excess of twenty parts per million for each 
product acid stream.
    (ii) A thirty day average of daily concentration measurements of 
methyl isobutyl ketone in excess of thirty parts per million for each 
raffinate stream.
    (iii) A daily average chiller stack exit gas stream temperature in 
excess of fifty degrees Fahrenheit.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 40579, June 12, 2002; 
67 FR 40817, June 13, 2002]



Sec. 63.603  Standards for new sources.

    (a) Wet process phosphoric acid process line. On and after the date 
on which the performance test required to be conducted by Sec. Sec. 
63.7 and 63.606 is required to be completed, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any affected source any gases which contain 
total fluorides in excess of 6.750 gram/metric ton of equivalent 
P2O5 feed (0.01350 lb/ton).
    (b) Superphosphoric acid process line. On and after the date on 
which the performance test required to be conducted by Sec. Sec. 63.7 
and 63.606 is required to be completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain total 
fluorides in excess of 4.350 gram/metric ton of equivalent 
P2O5 feed (0.00870 lb/ton).
    (c) Phosphate rock dryer. On or after the date on which the 
performance test required to be conducted by Sec. Sec. 63.7 and 63.606 
is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain particulate 
matter in excess of 0.030 kilogram/megagram of phosphate rock feed 
(0.060 lb/ton).
    (d) Phosphate rock calciner. On or after the date on which the 
performance test required to be conducted by Sec. Sec. 63.7 and 63.606 
is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain particulate 
matter in excess of 0.0920 gram per dry standard cubic meter (g/dscm) 
[0.040 grain per dry standard cubic foot (gr/dscf)].
    (e) Evaporative cooling tower. No owner or operator shall introduce 
into any evaporative cooling tower any liquid effluent from any wet 
scrubbing device installed to control emissions from process equipment. 
Each owner or operator of an affected source subject to this paragraph 
(e) must certify to the Administrator annually that he/she has complied 
with the requirements contained in this section.
    (f) Purified phosphoric acid process line. (1) Each owner or 
operator subject to the provisions of this subpart shall comply with the 
provisions of subpart H of this part.
    (2) For any new purified phosphoric acid process line, any of the 
following shall constitute a violation of this subpart:
    (i) A thirty day average of daily concentration measurements of 
methyl isobutyl ketone in excess of twenty parts per million for each 
product acid stream.
    (ii) A thirty day average of daily concentration measurements of 
methyl isobutyl ketone in excess of thirty parts per million for each 
raffinate stream.
    (iii) A daily average chiller stack exit gas stream temperature in 
excess of fifty degrees Fahrenheit.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001]



Sec. 63.604  Operating requirements.

    On or after the date on which the performance test required to be 
conducted by Sec. Sec. 63.7 and 63.606 is required to be completed, the 
owner/operator using a wet scrubbing emission control system must 
maintain daily averages of the pressure drop across each scrubber and of 
the flow rate of the scrubbing liquid to each scrubber within the 
allowable ranges established pursuant to the requirements of Sec. 
63.605(d)(1) or (2).

[67 FR 40818, June 13, 2002]

[[Page 14]]



Sec. 63.605  Monitoring requirements.

    (a)(1) Each owner or operator of a new or existing wet-process 
phosphoric acid process line or superphosphoric acid process line 
subject to the provisions of this subpart shall install, calibrate, 
maintain, and operate a monitoring system which can be used to determine 
and permanently record the mass flow of phosphorus-bearing feed material 
to the process. The monitoring system shall have an accuracy of 5 percent over its operating range.
    (2) Each owner or operator of a new or existing phosphate rock dryer 
or phosphate rock calciner subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a monitoring system 
which can be used to determine and permanently record either the mass 
flow of phosphorus-bearing feed material to the dryer or calciner, or 
the mass flow of product from the dryer or calciner. The monitoring 
system shall have an accuracy of 5 percent over 
its operating range. Since the emissions limits under Sec. Sec. 
63.602(c) and 63.603(c) for the phosphate rock dryer are in the format 
of kilogram/megagram (lb/ton) of phosphate rock feed, during performance 
testing required in Sec. 63.606, the owner or operator that chooses to 
operate a monitoring system to determine and permanently record the mass 
flow of product from the dryer must either simultaneously monitor the 
dryer feed rate and dryer output rate, or monitor the dryer output rate 
and the dryer input and output moisture contents and calculate the 
corresponding dryer input rate.
    (b)(1) Each owner or operator of a new or existing wet-process 
phosphoric acid process line or superphosphoric acid process line 
subject to the provisions of this subpart shall maintain a daily record 
of equivalent P2O5 feed by first determining the 
total mass rate in metric ton/hour of phosphorus bearing feed using a 
monitoring system for measuring mass flowrate which meets the 
requirements of paragraph (a) of this section and then by proceeding 
according to Sec. 63.606(c)(3).
    (2) Each owner or operator of a new or existing phosphate rock 
calciner or phosphate rock dryer subject to the provisions of this 
subpart shall maintain a daily record of the following:
    (i) For owners and operators that monitor the mass flow of 
phosphorus-bearing feed material to the dryer or calciner, a daily 
record of phosphate rock feed by determining the total mass rate in 
metric ton/hour of phosphorus-bearing feed using a monitoring system for 
measuring mass flowrate which meets the requirements of paragraph (a)(2) 
of this section.
    (ii) For owners and operators that monitor the mass flow of product 
from the dryer or calciner, a daily record of product by determining the 
total mass rate in metric ton/hour of product using a monitoring system 
for measuring mass flowrate which meets the requirements of paragraph 
(a)(2) of this section.
    (c) Each owner or operator of a new or existing wet-process 
phosphoric acid process line, superphosphoric acid process line, 
phosphate rock dryer or phosphate rock calciner using a wet scrubbing 
emission control system shall install, calibrate, maintain, and operate 
the following monitoring systems:
    (1) A monitoring system which continuously measures and permanently 
records the pressure drop across each scrubber in the process scrubbing 
system in 15-minute block averages. The monitoring system shall be 
certified by the manufacturer to have an accuracy of 5 percent over its operating range.
    (2) A monitoring system which continuously measures and permanently 
records the flow rate of the scrubbing liquid to each scrubber in the 
process scrubbing system in 15-minute block averages. The monitoring 
system shall be certified by the manufacturer to have an accuracy of 
5 percent over its operating range.
    (d) Following the date on which the performance test required in 
Sec. 63.606 is completed, the owner or operator of a new or existing 
affected source using a wet scrubbing emission control system and 
subject to emissions limitations for total fluorides or particulate 
matter contained in this subpart must establish allowable ranges for 
operating parameters using the methodology of either paragraph (d)(1) or 
(2) of this section:

[[Page 15]]

    (1) The allowable range for the daily averages of the pressure drop 
across each scrubber and of the flow rate of the scrubbing liquid to 
each scrubber in the process scrubbing system is 20 percent of the baseline average value determined as a 
requirement of Sec. 63.606(c)(4), (d)(4), or (e)(2). The Administrator 
retains the right to reduce the 20 percent 
adjustment to the baseline average values of operating ranges in those 
instances where performance test results indicate that a source's level 
of emissions is near the value of an applicable emissions standard, but, 
in no instance shall the adjustment be reduced to less than 10 percent. The owner or operator must notify the 
Administrator of the baseline average value and must notify the 
Administrator each time that the baseline value is changed as a result 
of the most recent performance test. When a source using the methodology 
of this paragraph is retested, the owner or operator shall determine 
whether new allowable ranges of baseline average values will be based 
upon the new performance test or (if the new performance test results 
are within the previously established range) whether there will be no 
change in the operating parameters derived from previous tests. When a 
source using the methodology of this paragraph is retested and the 
performance test results are submitted to the Administrator pursuant to 
Sec. Sec. 63.607(c)(1), 63.7(g)(1), and/or 63.10(d)(2), the owner or 
operator will indicate whether the operating range will be based on the 
new performance test or the previously established range. If the 
Administrator has not denied approval of the new operating ranges within 
30 days of submission of the performance test results, the new ranges 
shall be deemed approved and the new baseline value shall then be 
effective on the 31st day following submission.
    (2) The owner or operator of any new or existing affected source 
shall establish, and provide to the Administrator for approval, 
allowable ranges for the daily averages of the pressure drop across and 
of the flow rate of the scrubbing liquid to each scrubber in the process 
scrubbing system for the purpose of assuring compliance with this 
subpart. Allowable ranges may be based upon baseline average values 
recorded during previous performance tests using the test methods 
required in Sec. 63.606(c)(4), (d)(4), or (e)(2). As an alternative, 
the owner or operator can establish the allowable ranges using the 
results of performance tests conducted specifically for the purposes of 
this paragraph using the test methods required in this subpart and 
established in the manner required in Sec. 63.606(c)(4), (d)(4), or 
(e)(2). The source shall certify that the control devices and processes 
have not been modified subsequent to the testing upon which the data 
used to establish the allowable ranges were obtained. The allowable 
ranges developed pursuant to the provisions of this paragraph must be 
submitted to the Administrator for approval. The owner or operator must 
request and obtain approval of the Administrator for changes to the 
allowable ranges. When a source using the methodology of this paragraph 
is retested, the owner or operator shall determine new allowable ranges 
of baseline average values unless the retest indicates no change in the 
operating parameters outside the previously established ranges. If the 
Administrator has not denied approval of the new operating ranges within 
30 days of submission of the performance test results, the new ranges 
shall be deemed approved and the new baseline value shall then be 
effective on the 31st day following submission.
    (e) Each owner or operator of a new or existing purified phosphoric 
acid process line shall:
    (1) Install, calibrate, maintain, and operate a monitoring system 
which continuously measures and permanently records the stack gas exit 
temperature for each chiller stack.
    (2) Measure and record the concentration of methyl isobutyl ketone 
in each product acid stream and each raffinate stream once daily.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001]



Sec. 63.606  Performance tests and compliance provisions.

    (a)(1) On or before the applicable compliance date in Sec. 63.609 
and once per

[[Page 16]]

annum thereafter, each owner or operator of a phosphoric acid 
manufacturing plant shall conduct a performance test to demonstrate 
compliance with the applicable emission standard for each existing wet-
process phosphoric acid process line, superphosphoric acid process line, 
phosphate rock dryer, and phosphate rock calciner. The owner or operator 
shall conduct the performance test according to the procedures in 
subpart A of this part and in this section.
    (2) As required by Sec. 63.7(a)(2) and once per annum thereafter, 
each owner or operator of a phosphoric acid manufacturing plant shall 
conduct a performance test to demonstrate compliance with the applicable 
emission standard for each new wet-process phosphoric acid process line, 
superphosphoric acid process line, phosphate rock dryer, and phosphate 
rock calciner. The owner or operator shall conduct the performance test 
according to the procedures in subpart A of this part and in this 
section.
    (b) In conducting performance tests, each owner or operator of an 
affected source shall use as reference methods and procedures the test 
methods in 40 CFR part 60, appendix A, or other methods and procedures 
as specified in this section, except as provided in Sec. 63.7(f).
    (c) Each owner or operator of a new or existing wet-process 
phosphoric acid process line or superphosphoric acid process line shall 
determine compliance with the applicable total fluorides standards in 
Sec. 63.602 or Sec. 63.603 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JN99.000

Where:

E = emission rate of total fluorides, g/metric ton (lb/ton) of 
equivalent P2O5 feed.
Csi = concentration of total fluorides from emission point 
``i,'' mg/dscm (mg/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
point ``i,'' dscm/hr (dscf/hr).
N = number of emission points associated with the affected facility.
P = equivalent P2O5 feed rate, metric ton/hr (ton/
hr).
K = conversion factor, 1000 mg/g (453,600 mg/lb).

    (2) Method 13A or 13B (40 CFR part 60, appendix A) shall be used to 
determine the total fluorides concentration (Csi) and 
volumetric flow rate (Qsdi) of the effluent gas from each of 
the emission points. If Method 13B is used, the fusion of the filtered 
material described in Section 7.3.1.2 and the distillation of suitable 
aliquots of containers 1 and 2, described in section 7.3.3 and 7.3.4. in 
Method 13 A, may be omitted. The sampling time and sample volume for 
each run shall be at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed using the following equation:

P = Mp Rp

Where:

Mp = total mass flow rate of phosphorus-bearing feed, metric 
ton/hr (ton/hr).
Rp = P2O5 content, decimal fraction.

    (i) The accountability system described in Sec. 63.605(a) and (b) 
shall be used to determine the mass flow rate (Mp) of the 
phosphorus-bearing feed.
    (ii) The P2O5 content (Rp) of the 
feed shall be determined using as appropriate the following methods 
(incorporated by reference--see 40 CFR 63.14) specified in the Book of 
Methods Used and Adopted By The Association Of Florida Phosphate 
Chemists, Seventh Edition 1991, where applicable:
    (A) Section IX, Methods of Analysis For Phosphate Rock, No. 1 
Preparation of Sample.
    (B) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method A-Volumetric Method.
    (C) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B-Gravimetric 
Quimociac Method.
    (D) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C-Spectrophotometric 
Method.
    (E) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A-Volumetric Method.

[[Page 17]]

    (F) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B-Gravimetric 
Quimociac Method.
    (G) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C-Spectrophotometric 
Method.
    (4) To comply with Sec. 63.605(d) (1) or (2), the owner or operator 
shall use the monitoring systems in Sec. 63.605(c) to determine the 
average pressure loss of the gas stream across each scrubber in the 
process scrubbing system and to determine the average flow rate of the 
scrubber liquid to each scrubber in the process scrubbing system during 
each of the total fluoride runs. The arithmetic averages of the three 
runs shall be used as the baseline average values for the purposes of 
Sec. 63.605(d) (1) or (2).
    (d) Each owner or operator of a new or existing phosphate rock dryer 
shall demonstrate compliance with the particulate matter standards in 
Sec. 63.602 or Sec. 63.603 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E = (Cs Qsd)/(P K)

Where:

E = emission rate of particulate matter, kg/Mg (lb/ton) of phosphate 
rock feed.
Cs = concentration of particulate matter, g/dscm (g/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
hr).
P = phosphate rock feed rate, Mg/hr (ton/hr).
K = conversion factor, 1000 g/kg (453.6 g/lb).

    (2) Method 5 (40 CFR part 60, appendix A) shall be used to determine 
the particulate matter concentration (cs) and volumetric flow 
rate (Qsd) of the effluent gas. The sampling time and sample 
volume for each run shall be at least 60 minutes and 0.85 dscm (30 
dscf).
    (3) The system described in Sec. 63.605(a) shall be used to 
determine the phosphate rock feed rate (P) for each run.
    (4) To comply with Sec. 63.605(d) (1) or (2), the owner or operator 
shall use the monitoring systems in Sec. 63.605(c) to determine the 
average pressure loss of the gas stream across each scrubber in the 
process scrubbing system and to determine the average flow rate of the 
scrubber liquid to each scrubber in the process scrubbing system during 
each of the particulate matter runs. The arithmetic average of the one-
hour averages determined during the three test runs shall be used as the 
baseline average values for the purposes of Sec. 63.605(d) (1) or (2).
    (e) Each owner or operator of a new or existing phosphate rock 
calciner shall demonstrate compliance with the particulate matter 
standards in Sec. Sec. 63.602 and 63.603 as follows:
    (1) Method 5 (40 CFR part 60, appendix A) shall be used to determine 
the particulate matter concentration. The sampling time and volume for 
each test run shall be at least 60 minutes and 1.70 dscm.
    (2) To comply with Sec. 63.605(d) (1) or (2), the owner or operator 
shall use the monitoring systems in Sec. 63.605(c) to determine the 
average pressure loss of the gas stream across each scrubber in the 
process scrubbing system and to determine the average flow rate of the 
scrubber liquid to each scrubber in the process scrubbing system during 
each of the particulate matter runs. The arithmetic average of the one-
hour averages determined during the three test runs shall be used as the 
baseline average values for the purposes of Sec. 63.605(d) (1) or (2).



Sec. 63.607  Notification, recordkeeping, and reporting requirements.

    (a) Each owner or operator subject to the requirements of this 
subpart shall comply with the notification requirements in Sec. 63.9.
    (b) Each owner or operator subject to the requirements of this 
subpart shall comply with the recordkeeping requirements in Sec. 63.10.
    (c) The owner or operator of an affected source shall comply with 
the reporting requirements specified in Sec. 63.10 as follows:
    (1) Performance test report. As required by Sec. 63.10, the owner 
or operator shall report the results of the initial and annual 
performance tests as part of the notification of compliance status 
required in Sec. 63.9.
    (2) Excess emissions report. As required by Sec. 63.10, the owner 
or operator of an affected source shall submit an excess

[[Page 18]]

emissions report for any exceedance of an operating parameter limit. The 
report shall contain the information specified in Sec. 63.10. When no 
exceedances of an operating parameter have occurred, such information 
shall be included in the report. The report shall be submitted 
semiannually and shall be delivered or postmarked by the 30th day 
following the end of the calendar half. If exceedances are reported, the 
owner or operator shall report quarterly until a request to reduce 
reporting frequency is approved as described in Sec. 63.10.
    (3) Summary report. If the total duration of control system 
exceedances for the reporting period is less than 1 percent of the total 
operating time for the reporting period, the owner or operator shall 
submit a summary report containing the information specified in Sec. 
63.10 rather than the full excess emissions report, unless required by 
the Administrator. The summary report shall be submitted semiannually 
and shall be delivered or postmarked by the 30th day following the end 
of the calendar half.
    (4) If the total duration of control system operating parameter 
exceedances for the reporting period is 1 percent or greater of the 
total operating time for the reporting period, the owner or operator 
shall submit a summary report and the excess emissions report.



Sec. 63.608  Applicability of general provisions.

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



Sec. 63.609  Compliance dates.

    (a) Each owner or operator of an existing affected source at a 
phosphoric acid manufacturing plant shall achieve compliance with the 
requirements of this subpart no later than June 10, 2002. 
Notwithstanding the requirements of Sec. 63.7(a)(2)(iii), each owner or 
operator of an existing source at an affected existing phosphoric acid 
manufacturing plant shall fulfill the applicable requirements of Sec. 
63.606 no later than June 10, 2002.
    (b) Each owner or operator of a phosphoric acid manufacturing plant 
that commences construction or reconstruction of an affected source 
after December 27, 1996 shall achieve compliance with the requirements 
of this subpart upon startup of operations or by June 10, 1999, 
whichever is later.



Sec. 63.610  Exemption from new source performance standards.

    Any affected source subject to the provisions of this subpart is 
exempted from any otherwise applicable new source performance standard 
contained in 40 CFR part 60, subpart T, subpart U or subpart NN. To be 
exempt, a source must have a current operating permit pursuant to Title 
V of the Act and the source must be in compliance with all requirements 
of this subpart. For each affected source, this exemption is effective 
upon the date that the owner or operator demonstrates to the 
Administrator that the requirements of Sec. Sec. 63.604, 63.605 and 
63.606 have been met.



Sec. 63.611  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.

[[Page 19]]

    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.600, 63.602 through 63.604, and 63.609 through 63.610.
    (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 37351, June 23, 2003]

Appendix A to Subpart AA of Part 63--Applicability of General Provisions 
                (40 CFR Part 63, Subpart A) to Subpart AA

----------------------------------------------------------------------------------------------------------------
           40 CFR citation                  Requirement         Applies to  subpart AA           Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1) through (4)..............  General Applicability..  Yes.
63.1(a)(5)..........................  .......................  No......................  [Reserved].
63.1(a)(6) through (8)..............  .......................  Yes.
63.1(a)(9)..........................  .......................  No......................  [Reserved].
63.1(a)(10) through (14)............  .......................  Yes.
63.1(b).............................  Initial Applicability    Yes.
                                       Determination.
63.1(c)(1)..........................  Applicability After      Yes.
                                       Standard Established.
63.1(c)(2)..........................  .......................  Yes.....................  Some plants may be area
                                                                                          sources.
63.1(c)(3)..........................  .......................  No......................  [Reserved].
63.1(c)(4) and (5)..................  .......................  Yes.
63.1(d).............................  .......................  No......................  [Reserved].
63.1(e).............................  Applicability of Permit  Yes.
                                       Program.
63.2................................  Definitions............  Yes.....................  Additional definitions
                                                                                          in Sec.  63.601.
63.3................................  Units and Abbreviations  Yes.
63.4(a)(1) through (3)..............  Prohibited Activities..  Yes.
63.4(a)(4)..........................  .......................  No......................  [Reserved].
63.4(a)(5)..........................  .......................  Yes.
63.4(b) and (c).....................  Circumvention/           Yes.
                                       Severability.
63.5(a).............................  Construction/            Yes.
                                       Reconstruction
                                       Applicability.
63.5(b)(1)..........................  Existing, New,           Yes.
                                       Reconstructed Sources
                                       Requirements.
63.5(b)(2)..........................  .......................  No......................  [Reserved].
63.5(b)(3) through (6)..............  .......................  Yes.
63.5(c).............................  .......................  No......................  [Reserved].
63.5(d).............................  Application for          Yes.
                                       Approval of
                                       Construction/
                                       Reconstruction.
63.5(e).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction.
63.5(f).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction Based
                                       on State Review.
63.6(a).............................  Compliance with          Yes.
                                       Standards and
                                       Maintenance
                                       Applicability.
63.6(b)(1) through (5)..............  New and Reconstructed    Yes.                      See also Sec.  63.609.
                                       Sources Dates.
63.6(b)(6)..........................  .......................  No......................  [Reserved].
63.6(b)(7)..........................  .......................  Yes.
63.6(c)(1)..........................  Existing Sources Dates.  Yes.                      Sec.  63.609 specifies
                                                                                          dates.
63.6(c)(2)..........................  .......................  Yes.
63.6(c)(3) and (4)..................  .......................  No......................  [Reserved].
63.6(c)(5)..........................  .......................  Yes.
63.6(d).............................  .......................  No......................  [Reserved].
63.6(e)(1) and (2)..................  Operation & Maintenance  Yes
                                       Requirements.
63.6(e)(3)..........................  Startup, Shutdown, and   Yes
                                       Malfunction Plan.
63.6(f).............................  Compliance with          Yes
                                       Emission Standards.
63.6(g).............................  Alternative Standard...  Yes.
63.6(h).............................  Compliance with Opacity/ No......................  Subpart AA does not
                                       VE Standards.                                      include VE/opacity
                                                                                          standards.
63.6(i)(1) through (14).............  Extension of Compliance  Yes.
63.6(i)(15).........................  .......................  No......................  [Reserved].
63.6(i)(16).........................  .......................  Yes.

[[Page 20]]

 
63.6(j).............................  Exemption from           Yes.
                                       Compliance.
63.7(a).............................  Performance Test         Yes.                      Sec.  63.609(a)
                                       Requirements                                       applies rather than
                                       Applicability.                                     Sec.
                                                                                          63.7(a)(2)(iii).
63.7(b).............................  Notification...........  Yes.
63.7(c).............................  Quality Assurance/Test   Yes.
                                       Plan.
63.7(d).............................  Testing Facilities.....  Yes.
63.7(e).............................  Conduct of Tests.......  Yes.                      Sec. Sec.  63.604 and
                                                                                          63.605 specify
                                                                                          additional
                                                                                          requirements.
63.7(f).............................  Alternative Test Method  Yes.
63.7(g).............................  Data Analysis..........  Yes.
63.7(h).............................  Waiver of Tests........  Yes.
63.8(a)(1)..........................  Monitoring Requirements  Yes.
                                       Applicability.
63.8(a)(2)..........................  .......................  No......................  Subpart AA does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.8(a)(3)..........................  .......................  No......................  [Reserved].
63.8(a)(4)..........................  .......................  Yes.
63.8(b).............................  Conduct of Monitoring..  Yes.
63.8(c)(1) through (4)..............  CMS Operation/           Yes.
                                       Maintenance.
63.8(c)(5) through (8)..............  .......................  No......................  Subpart AA does not
                                                                                          require COMS/CEMS or
                                                                                          CMS performance
                                                                                          specifications.
63.8(d).............................  Quality Control........  Yes.
63.8(e).............................  CMS Performance          No......................  Subpart AA does not
                                       Evaluation.                                        require CMS
                                                                                          performance
                                                                                          evaluations
63.8(f)(1) through (5)..............  Alternative Monitoring   Yes.
                                       Method.
63.8(f)(6)..........................  Alternative to RATA      No......................  Subpart AA does not
                                       Test.                                              require CEMS.
63.8(g)(1)..........................  Data Reduction.........  Yes.
63.8(g)(2)..........................  .......................  No......................  Subpart AA does not
                                                                                          require COMS or CEMS
63.8(g)(3) through (5)..............  .......................  Yes.
63.9(a).............................  Notification             Yes.
                                       Requirements
                                       Applicability.
63.9(b).............................  Initial Notifications..  Yes.
63.9(c).............................  Request for Compliance   Yes.
                                       Extension.
63.9(d).............................  New Source Notification  Yes.
                                       for Special Compliance
                                       Requirements.
63.9(e).............................  Notification of          Yes.
                                       Performance Test.
63.9(f).............................  Notification of VE/      No......................  Subpart AA does not
                                       Opacity Test.                                      include VE/opacity
                                                                                          standards.
63.9(g).............................  Additional CMS           No......................  Subpart AA does not
                                       Notifications.                                     require CMS
                                                                                          performance
                                                                                          evaluation, COMS, or
                                                                                          CEMS.
63.9(h)(1) through (3)..............  Notification of          Yes.
                                       Compliance Status.
63.9(h)(4)..........................  .......................  No......................  [Reserved].
63.9(h)(5) and (6)..................  .......................  Yes.
63.9(i).............................  Adjustment of Deadlines  Yes.
63.9(j).............................  Change in Previous       Yes.
                                       Information.
63.10(a)............................  Recordkeeping/Reporting- Yes.
                                       Applicability.
63.10(b)............................  General Recordkeeping    Yes.
                                       Requirements.
63.10(c)(1).........................  Additional CMS           Yes.
                                       Recordkeeping.
63.10(c)(2) through (4).............  .......................  No......................  [Reserved].
63.10(c)(5).........................  .......................  Yes.
63.10(c)(6).........................  .......................  No......................  Subpart AA does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.10(c)(7) and (8).................  .......................  Yes.
63.10(c)(9).........................  .......................  No......................  [Reserved].
63.10(c)(10) through (13)...........  .......................  Yes.
63.10(c)(14)........................  .......................  No......................  Subpart AA does not
                                                                                          require a CMS quality
                                                                                          control program.
63.10(c)(15)........................  .......................  Yes.
63.10(d)(1).........................  General Reporting        Yes.
                                       Requirements.
63.10(d)(2).........................  Performance Test         Yes.
                                       Results.
63.10(d)(3).........................  Opacity or VE            No......................  Subpart AA does not
                                       Observations.                                      include VE/opacity
                                                                                          standards.
63.10(d)(4) and (5).................  Progress Reports/        Yes.
                                       Startup, Shutdown, and
                                       Malfunction Reports.
63.10(e)(1) and (2).................  Additional CMS Reports.  No......................  Subpart AA does not
                                                                                          require CEMS or CMS
                                                                                          performance
                                                                                          evaluations.

[[Page 21]]

 
63.10(e)(3).........................  Excess Emissions/CMS     Yes.....................  Sec.  63.606(c)(2)
                                       Performance Reports.                               includes additional
                                                                                          requirements. A CMS
                                                                                          performance report is
                                                                                          not required.
63.10(e)(4).........................  COMS Data Reports......  No......................  Subpart AA does not
                                                                                          require COMS.
63.10(f)............................  Recordkeeping/Reporting  Yes.
                                       Waiver.
63.11(a)............................  Control Device           Yes.
                                       Requirements
                                       Applicability.
63.11(b)............................  Flares.................  No......................  Flares not applicable.
63.12...............................  State Authority and      Yes.
                                       Delegations.
63.13...............................  Addresses..............  Yes.
63.14...............................  Incorporation by         Yes.
                                       Reference.
63.15...............................  Information              Yes.
                                       Availability/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------



Subpart BB_National Emission Standards for Hazardous Air Pollutants From 

                 Phosphate Fertilizers Production Plants

    Source: 64 FR 31382, June 10, 1999, unless otherwise noted.



Sec. 63.620  Applicability.

    (a) Except as provided in paragraphs (c), (d), and (e) of this 
section, the requirements of this subpart apply to the owner or operator 
of each phosphate fertilizers production plant.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAPs) emitted from the following new or existing 
affected sources at a phosphate fertilizers production plant:
    (1) Each diammonium and/or monoammonium phosphate process line. The 
requirements of this subpart apply to the following emission points 
which are components of a diammonium and/or monoammonium phosphate 
process line: reactors, granulators, dryers, coolers, screens, and 
mills.
    (2) Each granular triple superphosphate process line. The 
requirements of this subpart apply to the following emission points 
which are components of a granular triple superphosphate process line: 
mixers, curing belts (dens), reactors, granulators, dryers, coolers, 
screens, and mills.
    (3) Each granular triple superphosphate storage building. The 
requirements of this subpart apply to the following emission points 
which are components of a granular triple superphosphate storage 
building: storage or curing buildings, conveyors, elevators, screens and 
mills.
    (c) The requirements of this subpart do not apply to the owner or 
operator of a new or existing phosphate fertilizers production plant 
that is not a major source as defined in Sec. 63.2.
    (d) The provisions of this subpart do not apply to research and 
development facilities as defined in Sec. 63.621.
    (e) The emission limitations and operating parameter requirements of 
this subpart do not apply during periods of startup, shutdown, or 
malfunction, as those terms are defined in Sec. 63.2, provided that the 
source is operated in accordance with Sec. 63.6(e)(1)(i).

[64 FR 31382, June 10, 1999, as amended at 67 FR 65077, Dec. 17, 2001; 
71 FR 20457, Apr. 20, 2006]



Sec. 63.621  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, or in this section as follows:
    Diammonium and/or monoammonium phosphate process line means any 
process line manufacturing granular diammonium and/or monoammonium 
phosphate by reacting ammonia with phosphoric acid which has been 
derived from or manufactured by reacting phosphate rock and acid.
    Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorous pentoxide, fed to the process.
    Equivalent P2O5 stored means the quantity of 
phosphorus, expressed as phosphorus pentoxide, being cured or stored in 
the affected facility.
    Exceedance means a departure from an indicator range established for 
monitoring under this subpart, consistent

[[Page 22]]

with any averaging period specified for averaging the results of the 
monitoring.
    Fresh granular triple superphosphate means granular triple 
superphosphate produced within the preceding 72 hours.
    Granular triple superphosphate process line means any process line, 
not including storage buildings, manufacturing granular triple 
superphosphate by reacting phosphate rock with phosphoric acid.
    Granular triple superphosphate storage building means any building 
curing or storing fresh granular triple superphosphate.
    Research and development facility means research or laboratory 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and where the 
facility is not engaged in the manufacture of products for commercial 
sale in commerce or other off-site distribution, except in a de minimis 
manner.
    Total fluorides means elemental fluorine and all fluoride compounds, 
including the HAP hydrogen fluoride, as measured by reference methods 
specified in 40 CFR part 60, appendix A, Method 13 A or B, or by 
equivalent or alternative methods approved by the Administrator pursuant 
to Sec. 63.7(f).



Sec. 63.622  Standards for existing sources.

    (a) Diammonium and/or monoammonium phosphate process line. On and 
after the date on which the performance test required to be conducted by 
Sec. Sec. 63.7 and 63.626 is required to be completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected source any gases which 
contain total fluorides in excess of 30 grams/metric ton of equivalent 
P2O5 feed (0.060 lb/ton).
    (b) Granular triple superphosphate process line. On and after the 
date on which the performance test required to be conducted by 
Sec. Sec. 63.7 and 63.626 is required to be completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected source any gases which 
contain total fluorides in excess of 75 grams/metric ton of equivalent 
P2O5 feed (0.150 lb/ton).
    (c) Granular triple superphosphate storage building. (1) On and 
after the date on which the performance test required to be conducted by 
Sec. Sec. 63.7 and 63.626 is required to be completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected source any gases which 
contain total fluorides in excess of 0.250 grams/hr/metric ton of 
equivalent P2O5 stored (5.0x10-4 lb/hr/
ton of equivalent P2O5 stored).
    (2) No owner or operator subject to the provisions of this subpart 
shall ship fresh granular triple superphosphate from an affected 
facility.



Sec. 63.623  Standards for new sources.

    (a) Diammonium and/or monoammonium phosphate process line. On and 
after the date on which the performance test required to be conducted by 
Sec. Sec. 63.7 and 63.626 is required to be completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected source any gases which 
contain total fluorides in excess of 29.0 grams/metric ton of equivalent 
P2O5 feed (0.0580 lb/ton).
    (b) Granular triple superphosphate process line. On and after the 
date on which the performance test required to be conducted by 
Sec. Sec. 63.7 and 63.626 is required to be completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected source any gases which 
contain total fluorides in excess of 61.50 grams/metric ton of 
equivalent P2O5 feed (0.1230 lb/ton).
    (c) Granular triple superphosphate storage building. (1) On and 
after the date on which the performance test required to be conducted by 
Sec. Sec. 63.7 and 63.626 is required to be completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected source any gases which 
contain total fluorides in excess of 0.250 grams/hr/metric ton of 
equivalent P2O5

[[Page 23]]

stored (5.0x10-4 lb/hr/ton of equivalent 
P2O5 stored).
    (2) No owner or operator subject to the provisions of this subpart 
shall ship fresh granular triple superphosphate from an affected 
facility.



Sec. 63.624  Operating requirements.

    On or after the date on which the performance test required to be 
conducted by Sec. Sec. 63.7 and 63.626 is required to be completed, the 
owner/operator using a wet scrubbing emission control system must 
maintain daily averages of the pressure drop across each scrubber and of 
the flow rate of the scrubbing liquid to each scrubber within the 
allowable ranges established pursuant to the requirements of Sec. 
63.625(f)(1) or (2).

[67 FR 40818, June 13, 2002]



Sec. 63.625  Monitoring requirements.

    (a) Each owner or operator of a new or existing diammonium and/or 
monoammonium phosphate process line or granular triple superphosphate 
process line subject to the provisions of this subpart shall install, 
calibrate, maintain, and operate a monitoring system which can be used 
to determine and permanently record the mass flow of phosphorus-bearing 
feed material to the process. The monitoring system shall have an 
accuracy of 5 percent over its operating range.
    (b) Each owner or operator of a new or existing diammonium and/or 
monoammonium phosphate process line or granular triple superphosphate 
process line subject to the provisions of this subpart shall maintain a 
daily record of equivalent P2O5 feed by first 
determining the total mass rate in metric ton/hour of phosphorus bearing 
feed using a monitoring system for measuring mass flowrate which meets 
the requirements of paragraph (a) of this section and then by proceeding 
according to Sec. 63.626(c)(3).
    (c) Each owner or operator of a new or existing diammonium and/or 
monoammonium phosphate process line, granular triple superphosphate 
process line, or granular triple superphosphate storage building using a 
wet scrubbing emission control system shall install, calibrate, 
maintain, and operate the following monitoring systems:
    (1) A monitoring system which continuously measures and permanently 
records the pressure drop across each scrubber in the process scrubbing 
system in 15-minute block averages. The monitoring system shall be 
certified by the manufacturer to have an accuracy of 5 percent over its operating range.
    (2) A monitoring system which continuously measures and permanently 
records the flow rate of the scrubbing liquid to each scrubber in the 
process scrubbing system in 15-minute block averages. The monitoring 
system shall be certified by the manufacturer to have an accuracy of 
5 percent over its operating range.
    (d) The owner or operator of any granular triple superphosphate 
storage building subject to the provisions of this subpart shall 
maintain an accurate account of granular triple superphosphate in 
storage to permit the determination of the amount of equivalent 
P2O5 stored.
    (e)(1) Each owner or operator of a new or existing granular triple 
superphosphate storage building subject to the provisions of this 
subpart shall maintain a daily record of total equivalent 
P2O5 stored by multiplying the percentage 
P2O5 content, as determined by Sec. 63.626(d)(3), 
times the total mass of granular triple superphosphate stored.
    (2) The owner or operator of any granular triple superphosphate 
storage building subject to the provisions of this subpart shall develop 
for approval by the Administrator a site-specific methodology including 
sufficient recordkeeping for the purposes of demonstrating compliance 
with Sec. 63.622(c)(2) or Sec. 63.623(c)(2), as applicable.
    (f) Following the date on which the performance test required in 
Sec. 63.626 is completed, the owner or operator of a new or existing 
affected source using a wet scrubbing emission control system and 
subject to emissions limitations for total fluorides or particulate 
matter contained in this subpart must establish allowable ranges for 
operating parameters using the methodology of either paragraph (f)(1) or 
(2) of this section:

[[Page 24]]

    (1) The allowable range for the daily averages of the pressure drop 
across each scrubber and of the flow rate of the scrubbing liquid to 
each scrubber in the process scrubbing system is 20 percent of the baseline average value determined as a 
requirement of Sec. 63.626(c)(4) or (d)(4). The Administrator retains 
the right to reduce the 20 percent adjustment to 
the baseline average values of operating ranges in those instances where 
performance test results indicate that a source's level of emissions is 
near the value of an applicable emissions standard, but in no instance 
shall the adjustment be reduced to less than 10 
percent. The owner or operator must notify the Administrator of the 
baseline average value and must notify the Administrator each time that 
the baseline value is changed as a result of the most recent performance 
test. When a source using the methodology of this paragraph is retested, 
the owner or operator shall determine whether new allowable ranges of 
baseline average values will be based upon the new performance test or 
(if the new performance test results are within the previously 
established range) whether there will be no change in the operating 
parameters derived from previous tests. When a source using the 
methodology of this paragraph is retested and the performance test 
results are submitted to the Administrator pursuant to Sec. Sec. 
63.627(c)(1), 63.7(g)(1), and/or 63.10(d)(2), the owner or operator will 
indicate whether the operating range will be based on the new 
performance test or the previously established range. If the 
Administrator has not denied approval of the new operating ranges within 
30 days of submission of the performance test results, the new ranges 
shall be deemed approved and the new baseline value shall then be 
effective on the 31st day following submission.
    (2) The owner or operator of any new or existing affected source 
shall establish, and provide to the Administrator for approval, 
allowable ranges for the daily averages of the pressure drop across and 
of the flow rate of the scrubbing liquid to each scrubber in the process 
scrubbing system for the purpose of assuring compliance with this 
subpart. Allowable ranges may be based upon baseline average values 
recorded during previous performance tests using the test methods 
required in Sec. 63.626(c)(4) or (d)(4). As an alternative, the owner 
or operator can establish the allowable ranges using the results of 
performance tests conducted specifically for the purposes of this 
paragraph using the test methods required in this subpart and 
established in the manner required in Sec. 63.626(c)(4) or (d)(4). The 
source shall certify that the control devices and processes have not 
been modified subsequent to the testing upon which the data used to 
establish the allowable ranges were obtained. The allowable ranges 
developed pursuant to the provisions of this paragraph must be submitted 
to the Administrator for approval. The owner or operator must request 
and obtain approval of the Administrator for changes to the allowable 
ranges. When a source using the methodology of this paragraph is 
retested, the owner or operator shall determine new allowable ranges of 
baseline average values unless the retest indicates no change in the 
operating parameters outside the previously established ranges. If the 
Administrator has not denied approval of the new operating ranges within 
30 days of submission of the performance test results, the new ranges 
shall be deemed approved and the new baseline value shall then be 
effective on the 31st day following submission.

[64 FR 31382, June 10, 1999, as amended at 67 FR 65077, Dec. 17, 2001]



Sec. 63.626  Performance tests and compliance provisions.

    (a)(1) On or before the applicable compliance date in Sec. 63.630 
and once per annum thereafter, each owner or operator of a phosphate 
fertilizers production plant subject to the provisions of this subpart 
shall conduct a performance test to demonstrate compliance with the 
applicable emission standard for each existing diammonium and/or 
monoammonium phosphate process line, granular triple superphosphate 
process line, or granular triple superphosphate storage building. The 
owner or operator shall conduct the performance test according to the 
procedures

[[Page 25]]

in subpart A of this part and in this section.
    (2) As required by Sec. 63.7(a)(2) and once per annum thereafter, 
each owner or operator of a phosphate fertilizers production plant 
subject to the provisions of this subpart shall conduct a performance 
test to demonstrate compliance with the applicable emission standard for 
each new diammonium and/or monoammonium phosphate process line, granular 
triple superphosphate process line, or granular triple superphosphate 
storage building. The owner or operator shall conduct the performance 
test according to the procedures in subpart A of this part and in this 
section.
    (b) In conducting performance tests, each owner or operator of an 
affected source shall use as reference methods and procedures the test 
methods in 40 CFR part 60, appendix A, or other methods and procedures 
as specified in this section, except as provided in Sec. 63.7(f).
    (c) Each owner or operator of a new or existing diammonium and/or 
monoammonium phosphate process line or granular triple superphosphate 
process line shall determine compliance with the applicable total 
fluorides standards in Sec. 63.622 or Sec. 63.623 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JN99.001

Where:

E = emission rate of total fluorides, g/metric ton (lb/ton) of 
equivalent P2O5 feed.
Csi = concentration of total fluorides from emission point 
``i,'' mg/dscm (mg/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
point ``i,'' dscm/hr (dscf/hr).
N = number of emission points associated with the affected facility.
P = equivalent P2O5 feed rate, metric ton/hr (ton/
hr).
K = conversion factor, 1000 mg/g (453,600 mg/lb).

    (2) Method 13A or 13B (40 CFR part 60, appendix A) shall be used to 
determine the total fluorides concentration (Csi) and 
volumetric flow rate (Qsdi) of the effluent gas from each of 
the emission points. If Method 13 B is used, the fusion of the filtered 
material described in section 7.3.1.2 and the distillation of suitable 
aliquots of containers 1 and 2, described in sections 7.3.3 and 7.3.4 in 
Method 13 A, may be omitted. The sampling time and sample volume for 
each run shall be at least one hour and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed using the following equation:

P = Mp Rp

Where:

Mp = total mass flow rate of phosphorus-bearing feed, metric 
ton/hr (ton/hr).
Rp = P2O5 content, decimal fraction.

    (i) The accountability system described in Sec. 63.625(a) and (b) 
shall be used to determine the mass flow rate (Mp) of the 
phosphorus-bearing feed.
    (ii) The P2O5 content (Rp) of the 
feed shall be determined using as appropriate the following methods 
(incorporated by reference--see 40 CFR 63.14) specified in the Book of 
Methods Used and Adopted By The Association Of Florida Phosphate 
Chemists, Seventh Edition 1991, where applicable:
    (A) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample.
    (B) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus--P2O5 or 
Ca3(PO4)2, Method A--Volumetric Method.
    (C) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method.
    (D) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric Method.
    (E) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method.
    (F) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method.
    (G) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate,

[[Page 26]]

Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-
P2O5, Method C--Spectrophotometric Method.
    (4) To comply with Sec. 63.625(f)(1) or (2), the owner or operator 
shall use the monitoring systems in Sec. 63.625(c) to determine the 
average pressure loss of the gas stream across each scrubber in the 
process scrubbing system and to determine the average flow rate of the 
scrubber liquid to each scrubber in the process scrubbing system during 
each of the total fluoride runs. The arithmetic averages of the three 
runs shall be used as the baseline average values for the purposes of 
Sec. 63.625(f)(1) or (2).
    (d) Each owner or operator of a new or existing granular triple 
superphosphate storage building shall determine compliance with the 
applicable total fluorides standards in Sec. 63.622 or Sec. 63.623 as 
follows:
    (1) The owner or operator shall conduct performance tests only when 
the following quantities of product are being cured or stored in the 
facility.
    (i) Total granular triple superphosphate is at least 10 percent of 
the building capacity, and
    (ii) Fresh granular triple superphosphate is at least six percent of 
the total amount of granular triple superphosphate, or
    (iii) If the provision in paragraph (d)(1)(ii) of this section 
exceeds production capabilities for fresh granular triple 
superphosphate, fresh granular triple superphosphate is equal to at 
least 5 days maximum production.
    (2) In conducting the performance test, the owner or operator shall 
use as reference methods and procedures the test methods in 40 CFR part 
60, appendix A, or other methods and procedures as specified in this 
section, except as provided in Sec. 63.7(f).
    (3) The owner or operator shall determine compliance with the total 
fluorides standard in Sec. Sec. 63.622 and 63.623 as follows:
    (i) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JN99.002

Where:

E = emission rate of total fluorides, g/hr/metric ton (lb/hr/ton) of 
equivalent P2O5 stored.
Csi = concentration of total fluorides from emission point 
``i,'' mg/dscm (mg/dscf).
    Qsdi = volumetric flow rate of effluent gas from emission 
point ``i,'' dscm/hr (dscf/hr).
N = number of emission points in the affected facility.
P = equivalent P2O5 stored, metric tons (tons).
K = conversion factor, 1000 mg/g (453,600 mg/lb).

    (ii) Method 13A or 13B (40 CFR part 60, appendix A) shall be used to 
determine the total fluorides concentration (Csi) and 
volumetric flow rate (Qsdi) of the effluent gas from each of 
the emission points. If Method 13B is used, the fusion of the filtered 
material described in section 7.3.1.2 and the distillation of suitable 
aliquots of containers 1 and 2, described in Sections 7.3.3 and 7.3.4 in 
Method 13 A, may be omitted. The sampling time and sample volume for 
each run shall be at least one hour and 0.85 dscm (30 dscf).
    (iii) The equivalent P2O5 feed rate (P) shall 
be computed using the following equation:

P = Mp Rp

Where:

Mp = amount of product in storage, metric ton (ton).
Rp = P2O5 content of product in 
storage, weight fraction.

    (iv) The accountability system described in Sec. 63.625(d) and (e) 
shall be used to determine the amount of product (Mp) in 
storage.
    (v) The P2O5 content (Rp) of the 
product stored shall be determined using as appropriate the following 
methods (incorporated by reference--see 40 CFR 63.14) specified in the 
Book of Methods Used and Adopted By The Association Of Florida Phosphate 
Chemists, Seventh Edition 1991, where applicable:
    (A) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus--P2O5, Method A--Volumetric 
Method.
    (B) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus--P2O5, Method B--Gravimetric 
Quimociac Method.

[[Page 27]]

    (C) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus--P2O5, Method C--
Spectrophotometric Method, or,
    (vi) The P2O5 content (Rp) of the 
product stored shall be determined using as appropriate the following 
methods (incorporated by reference--see 40 CFR 63.14) specified in the 
Official Methods of Analysis of AOAC International, sixteenth Edition, 
1995, where applicable:
    (A) AOAC Official Method 957.02 Phosphorus (Total) In Fertilizers, 
Preparation of Sample Solution.
    (B) AOAC Official Method 929.01 Sampling of Solid Fertilizers.
    (C) AOAC Official Method 929.02 Preparation of Fertilizer Sample.
    (D) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, 
Automated Method.
    (E) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, 
Alkalimetric Quinolinium Molybdophosphate Method.
    (F) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, 
Gravimetric Quinolinium Molybdophosphate Method.
    (G) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, 
Spectrophotometric Molybdovanadophosphate Method.
    (4) To comply with Sec. 63.625(f) (1) or (2), the owner or operator 
shall use the monitoring systems described in Sec. 63.625(c) to 
determine the average pressure loss of the gas stream across each 
scrubber in the process scrubbing system and to determine the average 
flow rate of the scrubber liquid to each scrubber in the process 
scrubbing system during each of the total fluoride runs. The arithmetic 
averages of the three runs shall be used as the baseline average values 
for the purposes of Sec. 63.625(f) (1) or (2).



Sec. 63.627  Notification, recordkeeping, and reporting requirements.

    (a) Each owner or operator subject to the requirements of this 
subpart shall comply with the notification requirements in Sec. 63.9.
    (b) Each owner or operator subject to the requirements of this 
subpart shall comply with the recordkeeping requirements in Sec. 63.10.
    (c) The owner or operator of an affected source shall comply with 
the reporting requirements specified in Sec. 63.10 as follows:
    (1) Performance test report. As required by Sec. 63.10, the owner 
or operator shall report the results of the initial and annual 
performance tests as part of the notification of compliance status 
required in Sec. 63.9.
    (2) Excess emissions report. As required by Sec. 63.10, the owner 
or operator of an affected source shall submit an excess emissions 
report for any exceedance of an operating parameter limit. The report 
shall contain the information specified in Sec. 63.10. When no 
exceedances of an operating parameter have occurred, such information 
shall be included in the report. The report shall be submitted 
semiannually and shall be delivered or postmarked by the 30th day 
following the end of the calendar half. If exceedances are reported, the 
owner or operator shall report quarterly until a request to reduce 
reporting frequency is approved as described in Sec. 63.10.
    (3) Summary report. If the total duration of control system 
exceedances for the reporting period is less than 1 percent of the total 
operating time for the reporting period, the owner or operator shall 
submit a summary report containing the information specified in Sec. 
63.10 rather than the full excess emissions report, unless required by 
the Administrator. The summary report shall be submitted semiannually 
and shall be delivered or postmarked by the 30th day following the end 
of the calendar half.
    (4) If the total duration of control system operating parameter 
exceedances for the reporting period is 1 percent or greater of the 
total operating time for the reporting period, the owner or operator 
shall submit a summary report and the excess emissions report.



Sec. 63.628  Applicability of general provisions.

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

[[Page 28]]

subject to the requirements of this subpart are shown in appendix A to 
this subpart.



Sec. 63.629  Miscellaneous requirements.

    The Administrator retains the authority to approve site-specific 
test plans for uncontrolled granular triple superphosphate storage 
buildings developed pursuant to Sec. 63.7(c)(2)(i).



Sec. 63.630  Compliance dates.

    (a) Each owner or operator of an existing affected source at a 
phosphate fertilizers production plant shall achieve compliance with the 
requirements of this subpart no later than June 10, 2002. 
Notwithstanding the requirements of Sec. 63.7(a)(2)(iii), each owner or 
operator of an existing affected source at a phosphate fertilizers 
production plant shall fulfill the applicable requirements of Sec. 
63.626 no later than June 10, 2002.
    (b) Each owner or operator of a phosphate fertilizers production 
plant that commences construction or reconstruction of an affected 
source after December 27, 1996 shall achieve compliance with the 
requirements of this subpart upon startup of operations or by June 10, 
1999, whichever is later.
    (c) The owner or operator of any existing uncontrolled granular 
triple superphosphate storage building subject to the provisions of this 
subpart shall submit for approval by the Administrator a site-specific 
test plan for each such building according to the provisions of Sec. 
63.7(b)(2)(i) no later than June 12, 2000.



Sec. 63.631  Exemption from new source performance standards.

    Any affected source subject to the provisions of this subpart is 
exempted from any otherwise applicable new source performance standard 
contained in 40 CFR part 60, subpart V, subpart W, or subpart X. To be 
exempt, a source must have a current operating permit pursuant to Title 
V of the Act and the source must be in compliance with all requirements 
of this subpart. For each affected source, this exemption is effective 
upon the date that the owner or operator demonstrates to the 
Administrator that the requirements of Sec. Sec. 63.624, 63.625 and 
63.626 have been met.



Sec. 63.632  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. 
63.620, 63.622 through 63.624, and 63.629 through 63.631.
    (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 37351, June 23, 2003]

[[Page 29]]

Appendix A to Subpart BB of Part 63--Applicability of General Provisions 
                (40 CFR Part 63, Subpart A) to Subpart BB

----------------------------------------------------------------------------------------------------------------
           40 CFR citation                  Requirement          Applies to subpart BB           Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1) through (4)..............  General Applicability..  Yes.
63.1(a)(5)..........................  .......................  No......................  [Reserved].
63.1(a)(6) through (8)..............  .......................  Yes.
63.1(a)(9)..........................  .......................  No......................  [Reserved].
63.1(a)(10) through (14)............  .......................  Yes.
63.1(b).............................  Initial Applicability    Yes.
                                       Determination.
63.1(c)(1)..........................  Applicability After      Yes.
                                       Standard Established.
63.1(c)(2)..........................  .......................  Yes.....................  Some plants may be area
                                                                                          sources.
63.1(c)(3)..........................  .......................  No......................  [Reserved].
63.1(c)(4) and (5)..................  .......................  Yes.....................
63.1(d).............................  .......................  No......................  [Reserved].
63.1(e).............................  Applicability of Permit  Yes.
                                       Program.
63.2................................  Definitions............  Yes.....................  Additional definitions
                                                                                          in Sec.  63.621.
63.3................................  Units and Abbreviations  Yes.
63.4(a)(1) through (3)..............  Prohibited Activities..  Yes.
63.4(a)(4)..........................  .......................  No......................  [Reserved].
63.4(a)(5)..........................  .......................  Yes.
63.4(b) and (c).....................  Circumvention/           Yes.
                                       Severability.
63.5(a).............................  Construction/            Yes.
                                       Reconstruction
                                       Applicability.
63.5(b)(1)..........................  Existing, New,           Yes.
                                       Reconstructed Sources
                                       Requirements.
63.5(b)(2)..........................  .......................  No......................  [Reserved].
63.5(b)(3) through (6)..............  .......................  Yes.
63.5(c).............................  .......................  No......................  [Reserved].
63.5(d).............................  Application for          Yes.
                                       Approval of
                                       Construction/
                                       Reconstruction.
63.5(e).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction.
63.5(f).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction Based
                                       on State Review.
63.6(a).............................  Compliance with          Yes.
                                       Standards and
                                       Maintenance
                                       Applicability.
63.6(b)(1) through (5)..............  New and Reconstructed    Yes.....................  See also Sec.  63.629.
                                       Sources Dates.
63.6(b)(6)..........................  .......................  No......................  [Reserved].
63.6(b)(7)..........................  .......................  Yes.
63.6(c)(1)..........................  Existing Sources Dates.  Yes.....................  Sec.  63.629 specifies
                                                                                          dates.
63.6(c)(2)..........................  .......................  Yes.
63.6(c)(3) and (4)..................  .......................  No......................  [Reserved].
63.6(c)(5)..........................  .......................  Yes.
63.6(d).............................  .......................  No......................  [Reserved].
63.6(e)(1) and (2)..................  Operation & Maintenance  Yes
                                       Requirements.
63.6(e)(3)..........................  Startup, Shutdown, and   Yes
                                       Malfunction Plan.
63.6(f).............................  Compliance with          Yes
                                       Emission Standards.
63.6(g).............................  Alternative Standard...  Yes.
63.6(h).............................  Compliance with Opacity/ No......................  Subpart BB does not
                                       VE Standards.                                      include VE/opacity
                                                                                          standards.
63.6(i)(1) through (14).............  Extension of Compliance  Yes.
63.6(i)(15).........................  .......................  No......................  [Reserved].
63.6(i)(16).........................  .......................  Yes.
63.6(j).............................  Exemption from           Yes.
                                       Compliance.
63.7(a).............................  Performance Test         Yes.....................  Sec.  63.629(a)
                                       Requirements                                       applies rather than
                                       Applicability.                                     Sec.
                                                                                          63.7(a)(2)(iii).
63.7(b).............................  Notification...........  Yes.
63.7(c).............................  Quality Assurance/Test   Yes.
                                       Plan.
63.7(d).............................  Testing Facilities.....  Yes.
63.7(e).............................  Conduct of Tests.......  Yes.....................  Sec. Sec.  63.624 and
                                                                                          63.625 specify
                                                                                          additional
                                                                                          requirements.
63.7(f).............................  Alternative Test Method  Yes.
63.7(g).............................  Data Analysis..........  Yes.
63.7(h).............................  Waiver of Tests........  Yes.
63.8(a)(1)..........................  Monitoring Requirements  Yes.
                                       Applicability.

[[Page 30]]

 
63.8(a)(2)..........................  .......................  No......................  Subpart BB does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.8(a)(3)..........................  .......................  No......................  [Reserved].
63.8(a)(4)..........................  .......................  Yes.
63.8(b).............................  Conduct of Monitoring..  Yes.
63.8(c)(1) through (4)..............  CMS Operation/           Yes.
                                       Maintenance.
63.8(c)(5) through (8)..............  .......................  No......................  Subpart BB does not
                                                                                          require COMS/CEMS or
                                                                                          CMS performance
                                                                                          specifications.
63.8(d).............................  Quality Control........  Yes.
63.8(e).............................  CMS Performance          No......................  Subpart BB does not
                                       Evaluation.                                        require CMS
                                                                                          performance
                                                                                          evaluations.
63.8(f)(1) through (5)..............  Alternative Monitoring   Yes.
                                       Method.
63.8(f)(6)..........................  Alternative to RATA      No......................  Subpart BB does not
                                       Test.                                              require CEMS.
63.8(g)(1)..........................  Data Reduction.........  Yes.
63.8(g)(2)..........................  .......................  No......................  Subpart BB does not
                                                                                          require COMS or CEMS.
63.8(g)(3) through (5)..............  .......................  Yes.
63.9(a).............................  Notification             Yes.
                                       Requirements
                                       Applicability.
63.9(b).............................  Initial Notifications..  Yes.
63.9(c).............................  Request for Compliance   Yes.
                                       Extension.
63.9(d).............................  New Source Notification  Yes.
                                       for Special Compliance
                                       Requirements.
63.9(e).............................  Notification of          Yes.
                                       Performance Test.
63.9(f).............................  Notification of VE/      No......................  Subpart BB does not
                                       Opacity Test.                                      include VE/opacity
                                                                                          standards.
63.9(g).............................  Additional CMS           No......................  Subpart BB does not
                                       Notifications.                                     require CMS
                                                                                          performance
                                                                                          evaluation, COMS, or
                                                                                          CEMS.
63.9(h)(1) through (3)..............  Notification of          Yes.
                                       Compliance Status.
63.9(h)(4)..........................  .......................  No......................  [Reserved].
63.9(h)(5) and (6)..................  .......................  Yes.
63.9(i).............................  Adjustment of Deadlines  Yes.
63.9(j).............................  Change in Previous       Yes.
                                       Information.
63.10(a)............................  Recordkeeping/Reporting- Yes.
                                       Applicability.
63.10(b)............................  General Recordkeeping    Yes.
                                       Requirements.
63.10(c)(1).........................  Additional CMS           Yes.
                                       Recordkeeping.
63.10(c)(2) through (4).............  .......................  No......................  [Reserved].
63.10(c)(5).........................  .......................  Yes.
63.10(c)(6).........................  .......................  No......................  Subpart BB does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.10(c)(7) and (8).................  .......................  Yes.
63.10(c)(9).........................  .......................  No......................  [Reserved].
63.10(c)(10 ) through (13)..........  .......................  Yes.
63.10(c)(14)........................  .......................  No......................  Subpart BB does not
                                                                                          require a CMS quality
                                                                                          control program.
63.10(c)(15)........................  .......................  Yes.
63.10(d)(1).........................  General Reporting        Yes.
                                       Requirements.
63.10(d)(2).........................  Performance Test         Yes.
                                       Results.
63.10(d)(3).........................  Opacity or VE            No......................  Subpart BB does not
                                       Observations.                                      include VE/opacity
                                                                                          standards.
63.10(d)(4) and (5).................  Progress Reports/        Yes.
                                       Startup, Shutdown, and
                                       Malfunction Reports.
63.10(e)(1) and (2).................  Additional CMS Reports.  No......................  Subpart BB does not
                                                                                          require CEMS or CMS
                                                                                          performance
                                                                                          evaluations.
63.10(e)(3).........................  Excess Emissions/CMS     Yes.....................  Sec.  63.626(c)(2)
                                       Performance Reports.                               includes additional
                                                                                          requirements. A CMS
                                                                                          performance report is
                                                                                          not required.
63.10(e)(4).........................  COMS Data Reports......  No......................  Subpart BB does not
                                                                                          require COMS.
63.10(f)............................  Recordkeeping/Reporting  Yes.
                                       Waiver.
63.11(a)............................  Control Device           Yes.
                                       Requirements
                                       Applicability.
63.11(b)............................  Flares.................  No......................  Flares not applicable.
63.12...............................  State Authority and      Yes.....................  Authority for approval
                                       Delegations.                                       of site-specific test
                                                                                          plans for GTSP storage
                                                                                          buildings is retained
                                                                                          (see Sec.
                                                                                          63.628(a)).

[[Page 31]]

 
63.13...............................  Addresses..............  Yes.
63.14...............................  Incorporation by         Yes.
                                       Reference.
63.15...............................  Information              Yes.
                                       Availability/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------


[ 64 FR 31382, June 10, 1999, as amended at 67 FR 65078, Dec. 17, 2001]



Subpart CC_National Emission Standards for Hazardous Air Pollutants From 

                          Petroleum Refineries

    Source: 60 FR 43260, Aug. 18, 1995, unless otherwise noted.



Sec. 63.640  Applicability and designation of affected source.

    (a) This subpart applies to petroleum refining process units and to 
related emission points that are specified in paragraphs (c)(5) through 
(c)(7) of this section that are located at a plant site that meet the 
criteria in paragraphs (a)(1) and (a)(2) of this section;
    (1) Are located at a plant site that is a major source as defined in 
section 112(a) of the Clean Air Act; and
    (2) Emit or have equipment containing or contacting one or more of 
the hazardous air pollutants listed in table 1 of this subpart.
    (b)(1) If the predominant use of the flexible operation unit, as 
described in paragraphs (b)(1)(i) and (ii) of this section, is as a 
petroleum refining process unit, as defined in Sec. 63.641, then the 
flexible operation unit shall be subject to the provisions of this 
subpart.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
predominant use of the flexible operation unit shall be the use 
representing the greatest annual operating time.
    (ii) If the flexible operation unit is used as a petroleum refining 
process unit and for another purpose equally based on operating time, 
then the predominant use of the flexible operation unit shall be the use 
that produces the greatest annual production on a mass basis.
    (2) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units shall be reported as specified in Sec. 63.654(h)(6)(i).
    (c) For the purpose of this subpart, the affected source shall 
comprise all emission points, in combination, listed in paragraphs 
(c)(1) through (c)(7) of this section that are located at a single 
refinery plant site.
    (1) All miscellaneous process vents from petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (2) All storage vessels associated with petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (3) All wastewater streams and treatment operations associated with 
petroleum refining process units meeting the criteria in paragraph (a) 
of this section;
    (4) All equipment leaks from petroleum refining process units 
meeting the criteria in paragraph (a) of this section;
    (5) All gasoline loading racks classified under Standard Industrial 
Classification code 2911 meeting the criteria in paragraph (a) of this 
section;
    (6) All marine vessel loading operations located at a petroleum 
refinery meeting the criteria in paragraph (a) of this section and the 
applicability criteria of subpart Y, Sec. 63.560; and
    (7) All storage vessels and equipment leaks associated with a bulk 
gasoline terminal or pipeline breakout station classified under Standard 
Industrial Classification code 2911 located within a contiguous area and 
under common control with a refinery meeting the criteria in paragraph 
(a) of this section.
    (d) The affected source subject to this subpart does not include the 
emission points listed in paragraphs (d)(1) through (d)(5) of this 
section.
    (1) Stormwater from segregated stormwater sewers;
    (2) Spills;

[[Page 32]]

    (3) Any pump, compressor, pressure relief device, sampling 
connection system, open-ended valve or line, valve, or instrumentation 
system that is intended to operate in organic hazardous air pollutant 
service, as defined in Sec. 63.641 of this subpart, for less than 300 
hours during the calendar year;
    (4) Catalytic cracking unit and catalytic reformer catalyst 
regeneration vents, and sulfur plant vents; and
    (5) Emission points routed to a fuel gas system, as defined in Sec. 
63.641 of this subpart. No testing, monitoring, recordkeeping, or 
reporting is required for refinery fuel gas systems or emission points 
routed to refinery fuel gas systems.
    (e) The owner or operator shall follow the procedures specified in 
paragraphs (e)(1) and (e)(2) of this section to determine whether a 
storage vessel is part of a source to which this subpart applies.
    (1) Where a storage vessel is used exclusively by a process unit, 
the storage vessel shall be considered part of that process unit.
    (i) If the process unit is a petroleum refining process unit subject 
to this subpart, then the storage vessel is part of the affected source 
to which this subpart applies.
    (ii) If the process unit is not subject to this subpart, then the 
storage vessel is not part of the affected source to which this subpart 
applies.
    (2) If a storage vessel is not dedicated to a single process unit, 
then the applicability of this subpart shall be determined according to 
the provisions in paragraphs (e)(2)(i) through (e)(2)(iii) of this 
section.
    (i) If a storage vessel is shared among process units and one of the 
process units has the predominant use, as determined by paragraphs 
(e)(2)(i)(A) and (e)(2)(i)(B) of this section, then the storage vessel 
is part of that process unit.
    (A) If the greatest input on a volume basis into the storage vessel 
is from a process unit that is located on the same plant site, then that 
process unit has the predominant use.
    (B) If the greatest input on a volume basis into the storage vessel 
is provided from a process unit that is not located on the same plant 
site, then the predominant use shall be the process unit that receives 
the greatest amount of material on a volume basis from the storage 
vessel at the same plant site.
    (ii) If a storage vessel is shared among process units so that there 
is no single predominant use, and at least one of those process units is 
a petroleum refining process unit subject to this subpart, the storage 
vessel shall be considered to be part of the petroleum refining process 
unit that is subject to this subpart. If more than one petroleum 
refining process unit is subject to this subpart, the owner or operator 
may assign the storage vessel to any of the petroleum refining process 
units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year to 
year, then the applicability of this subpart shall be determined based 
on the utilization of that storage vessel during the year preceding 
promulgation of this subpart. This determination shall be reported as 
specified in Sec. 63.654(h)(6)(ii) of this subpart.
    (f) The owner or operator shall follow the procedures specified in 
paragraphs (f)(1) through (f)(5) of this section to determine whether a 
miscellaneous process vent from a distillation unit is part of a source 
to which this subpart applies.
    (1) If the greatest input to the distillation unit is from a process 
unit located on the same plant site, then the distillation unit shall be 
assigned to that process unit.
    (2) If the greatest input to the distillation unit is provided from 
a process unit that is not located on the same plant site, then the 
distillation unit shall be assigned to the process unit located at the 
same plant site that receives the greatest amount of material from the 
distillation unit.
    (3) If a distillation unit is shared among process units so that 
there is no single predominant use, as described in paragraphs (f)(1) 
and (f)(2) of this section, and at least one of those process units is a 
petroleum refining process unit subject to this subpart, the 
distillation unit shall be assigned to the petroleum refining process 
unit that is subject to this subpart. If more than one petroleum 
refining process unit is subject to this subpart, the owner or

[[Page 33]]

operator may assign the distillation unit to any of the petroleum 
refining process units subject to this rule.
    (4) If the process unit to which the distillation unit is assigned 
is a petroleum refining process unit subject to this subpart and the 
vent stream contains greater than 20 parts per million by volume total 
organic hazardous air pollutants, then the vent from the distillation 
unit is considered a miscellaneous process vent (as defined in Sec. 
63.641 of this subpart) and is part of the source to which this subpart 
applies.
    (5) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization of that distillation unit during the year 
preceding promulgation of this subpart. This determination shall be 
reported as specified in Sec. 63.654(h)(6)(iii).
    (g) The provisions of this subpart do not apply to the processes 
specified in paragraphs (g)(1) through (g)(7) of this section.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a petroleum refining 
process unit that is subject to the provisions of this subpart;
    (2) Equipment that does not contain any of the hazardous air 
pollutants listed in table 1 of this subpart that is located within a 
petroleum refining process unit that is subject to this subpart;
    (3) Units processing natural gas liquids;
    (4) Units that are used specifically for recycling discarded oil;
    (5) Shale oil extraction units;
    (6) Ethylene processes; and
    (7) Process units and emission points subject to subparts F, G, H, 
and I of this part.
    (h) Except as provided in paragraphs (k), (l), or (m) of this 
section, sources subject to this subpart are required to achieve 
compliance on or before the dates specified in paragraphs (h)(1) through 
(h)(4) of this section.
    (1) New sources that commence construction or reconstruction after 
July 14, 1994 shall be in compliance with this subpart upon initial 
startup or the date of promulgation of this subpart, whichever is later, 
as provided in Sec. 63.6(b) of subpart A of this part.
    (2) Except as provided in paragraphs (h)(3) through (h)(5) of this 
section, existing sources shall be in compliance with this subpart no 
later than August 18, 1998, except as provided in Sec. 63.6(c) of 
subpart A of this part, or unless an extension has been granted by the 
Administrator as provided in Sec. 63.6(i) of subpart A of this part.
    (3) Marine tank vessels at existing sources shall be in compliance 
with this subpart no later than August 18, 1999 unless the vessels are 
included in an emissions average to generate emission credits. Marine 
tank vessels used to generate credits in an emissions average shall be 
in compliance with this subpart no later than August 18, 1998 unless an 
extension has been granted by the Administrator as provided in Sec. 
63.6(i).
    (4) Existing Group 1 floating roof storage vessels shall be in 
compliance with Sec. 63.646 at the first degassing and cleaning 
activity after August 18, 1998, or within 10 years after promulgation of 
the rule, whichever is first.
    (5) An owner or operator may elect to comply with the provisions of 
Sec. 63.648 (c) through (i) as an alternative to the provisions of 
Sec. 63.648 (a) and (b). In such cases, the owner or operator shall 
comply no later than the dates specified in paragraphs (h)(5)(i) through 
(h)(5)(iii) of this section.
    (i) Phase I (see table 2 of this subpart), beginning on August 18, 
1998;
    (ii) Phase II (see table 2 of this subpart), beginning no later than 
August 18, 1999; and
    (iii) Phase III (see table 2 of this subpart), beginning no later 
than February 18, 2001.
    (i) If an additional petroleum refining process unit is added to a 
plant site that is a major source as defined in section 112(a) of the 
Clean Air Act, the addition shall be subject to the requirements for a 
new source if it meets the criteria specified in paragraphs (i)(1) 
through (i)(3) of this section:
    (1) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (2) Such construction commenced after July 14, 1994; and

[[Page 34]]

    (3) The addition has the potential to emit 10 tons per year or more 
of any hazardous air pollutant or 25 tons per year or more of any 
combination of hazardous air pollutants.
    (j) If any change is made to a petroleum refining process unit 
subject to this subpart, the change shall be subject to the requirements 
for a new source if it meets the criteria specified in paragraphs (j)(1) 
and (j)(2) of this section:
    (1) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part; and
    (2) Such reconstruction commenced after July 14, 1994.
    (k) If an additional petroleum refining process unit is added to a 
plant site or a change is made to a petroleum refining process unit and 
the addition or change is determined to be subject to the new source 
requirements according to paragraphs (i) or (j) of this section it must 
comply with the requirements specified in paragraphs (k)(1) and (k)(2) 
of this section:
    (1) The reconstructed source, addition, or change shall be in 
compliance with the new source requirements upon initial startup of the 
reconstructed source or by the date of promulgation of this subpart, 
whichever is later; and
    (2) The owner or operator of the reconstructed source, addition, or 
change shall comply with the reporting and recordkeeping requirements 
that are applicable to new sources. The applicable reports include, but 
are not limited to:
    (i) The application for approval of construction or reconstruction 
shall be submitted as soon as practical before the construction or 
reconstruction is planned to commence (but it need not be sooner than 90 
days after the date of promulgation of this subpart);
    (ii) The Notification of Compliance Status report as required by 
Sec. 63.654(f) for a new source, addition, or change;
    (iii) Periodic Reports and Other Reports as required by Sec. 63.654 
(g) and (h);
    (iv) Reports and notifications required by Sec. 60.487 of subpart 
VV of part 60 or Sec. 63.182 of subpart H of this part. The 
requirements for subpart H are summarized in table 3 of this subpart;
    (v) Reports required by 40 CFR 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec. 63.428 (b), (c), 
(g)(1), and (h)(1) through (h)(3) of subpart R. These requirements are 
summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Sec. Sec. 63.565 and 
63.567 of subpart Y of this part. These requirements are summarized in 
table 5 of this subpart.
    (l) If an additional petroleum refining process unit is added to a 
plant site or if a miscellaneous process vent, storage vessel, gasoline 
loading rack, or marine tank vessel loading operation that meets the 
criteria in paragraphs (c)(1) through (c)(7) of this section is added to 
an existing petroleum refinery or if another deliberate operational 
process change creating an additional Group 1 emission point(s) (as 
defined in Sec. 63.641) is made to an existing petroleum refining 
process unit, and if the addition or process change is not subject to 
the new source requirements as determined according to paragraphs (i) or 
(j) of this section, the requirements in paragraphs (l)(1) through 
(l)(3) of this section shall apply. Examples of process changes include, 
but are not limited to, changes in production capacity, or feed or raw 
material where the change requires construction or physical alteration 
of the existing equipment or catalyst type, or whenever there is 
replacement, removal, or addition of recovery equipment. For purposes of 
this paragraph and paragraph (m) of this section, process changes do not 
include: Process upsets, unintentional temporary process changes, and 
changes that are within the equipment configuration and operating 
conditions documented in the Notification of Compliance Status report 
required by Sec. 63.654(f).
    (1) The added emission point(s) and any emission point(s) within the 
added or changed petroleum refining process unit are subject to the 
requirements for an existing source.
    (2) The added emission point(s) and any emission point(s) within the 
added or changed petroleum refining process unit shall be in compliance 
with this subpart by the dates specified in paragraphs (l)(2)(i) or 
(l)(2)(ii) of this section, as applicable.

[[Page 35]]

    (i) If a petroleum refining process unit is added to a plant site or 
an emission point(s) is added to any existing petroleum refining process 
unit, the added emission point(s) shall be in compliance upon initial 
startup of any added petroleum refining process unit or emission 
point(s) or by 3 years after the date of promulgation of this subpart, 
whichever is later.
    (ii) If a deliberate operational process change to an existing 
petroleum refining process unit causes a Group 2 emission point to 
become a Group 1 emission point (as defined in Sec. 63.641), the owner 
or operator shall be in compliance upon initial startup or by 3 years 
after the date of promulgation of this subpart, whichever is later, 
unless the owner or operator demonstrates to the Administrator that 
achieving compliance will take longer than making the change. If this 
demonstration is made to the Administrator's satisfaction, the owner or 
operator shall follow the procedures in paragraphs (m)(1) through (m)(3) 
of this section to establish a compliance date.
    (3) The owner or operator of a petroleum refining process unit or of 
a storage vessel, miscellaneous process vent, wastewater stream, 
gasoline loading rack, or marine tank vessel loading operation meeting 
the criteria in paragraphs (c)(1) through (c)(7) of this section that is 
added to a plant site and is subject to the requirements for existing 
sources shall comply with the reporting and recordkeeping requirements 
that are applicable to existing sources including, but not limited to, 
the reports listed in paragraphs (l)(3)(i) through (l)(3)(vii) of this 
section. A process change to an existing petroleum refining process unit 
shall be subject to the reporting requirements for existing sources 
including, but not limited to, the reports listed in paragraphs 
(l)(3)(i) through (l)(3)(vii) of this section. The applicable reports 
include, but are not limited to:
    (i) The Notification of Compliance Status report as required by 
Sec. 63.654(f) for the emission points that were added or changed;
    (ii) Periodic Reports and other reports as required by Sec. 63.654 
(g) and (h);
    (iii) Reports and notifications required by sections of subpart A of 
this part that are applicable to this subpart, as identified in table 6 
of this subpart.
    (iv) Reports and notifications required by Sec. 63.182, or 40 CFR 
60.487. The requirements of subpart H of this part are summarized in 
table 3 of this subpart;
    (v) Reports required by Sec. 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec. 63.428 (b), (c), 
(g)(1), and (h)(1) through (h)(3) of subpart R of this part. These 
requirements are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Sec. 63.567 of subpart 
Y of this part. These requirements are summarized in table 5 of this 
subpart.
    (4) If pumps, compressors, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, or 
instrumentation systems are added to an existing source, they are 
subject to the equipment leak standards for existing sources in Sec. 
63.648. A notification of compliance status report shall not be required 
for such added equipment.
    (m) If a change that does not meet the criteria in paragraph (l) of 
this section is made to a petroleum refining process unit subject to 
this subpart, and the change causes a Group 2 emission point to become a 
Group 1 emission point (as defined in Sec. 63.641), then the owner or 
operator shall comply with the requirements of this subpart for existing 
sources for the Group 1 emission point as expeditiously as practicable, 
but in no event later than 3 years after the emission point becomes 
Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The compliance schedule shall be submitted within 180 days after 
the change is made, unless the compliance schedule has been previously 
submitted to the permitting authority. If it is not possible to 
determine until after the change is implemented whether the emission 
point has become Group 1, the compliance schedule shall be submitted 
within 180 days of the date when the affect of the change is known to 
the source. The compliance schedule may

[[Page 36]]

be submitted in the next Periodic Report if the change is made after the 
date the Notification of Compliance Status report is due.
    (3) The Administrator shall approve or deny the compliance schedule 
or request changes within 120 calendar days of receipt of the compliance 
schedule and justification. Approval is automatic if not received from 
the Administrator within 120 calendar days of receipt.
    (n) Overlap of subpart CC with other regulations for storage 
vessels.
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 or Group 2 storage vessel that is part of an existing 
source and is also subject to the provisions of 40 CFR part 60, subpart 
Kb, is required to comply only with the requirements of 40 CFR part 60, 
subpart Kb, except as provided in paragraph (n)(8) of this section.
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 storage vessel that is part of a new source and is 
subject to 40 CFR part 60, subpart Kb is required to comply only with 
this subpart.
    (3) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to the control requirements in Sec. 60.112b of 40 CFR part 60, 
subpart Kb is required to comply only with 40 CFR part 60, subpart Kb 
except as provided in paragraph (n)(8) of this section.
    (4) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to 40 CFR 60.110b, but is not required to apply controls by 40 
CFR 60.110b or 60.112b is required to comply only with this subpart.
    (5) After the compliance dates specified in paragraph (h) of this 
section a Group 1 storage vessel that is also subject to the provisions 
of 40 CFR part 60, subparts K or Ka is required to only comply with the 
provisions of this subpart.
    (6) After compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the control 
requirements of 40 CFR part 60, subparts K or Ka is required to comply 
only with the provisions of 40 CFR part 60, subparts K or Ka except as 
provided for in paragraph (n)(9) of this section.
    (7) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to 40 CFR part 60, 
subparts K or Ka, but not to the control requirements of 40 CFR part 60, 
subparts K or Ka, is required to comply only with this subpart.
    (8) Storage vessels described by paragraphs (n)(1) and (n)(3) of 
this section are to comply with 40 CFR part 60, subpart Kb except as 
provided for in paragraphs (n)(8)(i) through (n)(8)(vi) of this section.
    (i) Storage vessels that are to comply with Sec. 60.112b(a)(2) of 
subpart Kb are exempt from the secondary seal requirements of Sec. 
60.112b(a)(2)(i)(B) during the gap measurements for the primary seal 
required by Sec. 60.113b(b) of subpart Kb.
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in Sec. 60.113b(b) of 
subpart Kb or to inspect the vessel to determine compliance with Sec. 
60.113b(a) of subpart Kb because the roof appears to be structurally 
unsound and poses an imminent danger to inspecting personnel, the owner 
or operator shall comply with the requirements in either Sec. 
63.120(b)(7)(i) or Sec. 63.120(b)(7)(ii) of subpart G.
    (iii) If a failure is detected during the inspections required by 
Sec. 60.113b(a)(2) or during the seal gap measurements required by 
Sec. 60.113b(b)(1), and the vessel cannot be repaired within 45 days 
and the vessel cannot be emptied within 45 days, the owner or operator 
may utilize up to two extensions of up to 30 additional calendar days 
each. The owner or operator is not required to provide a request for the 
extension to the Administrator.
    (iv) If an extension is utilized in accordance with paragraph 
(n)(8)(iii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, provide the information listed in 
Sec. 60.113b(a)(2) or Sec. 60.113b(b)(4)(iii), and describe the nature 
and date of the repair made or provide the date the storage vessel was 
emptied.
    (v) Owners and operators of storage vessels complying with subpart 
Kb of

[[Page 37]]

part 60 may submit the inspection reports required by Sec. Sec. 
60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb as part of the periodic 
reports required by this subpart, rather than within the 30-day period 
specified in Sec. Sec. 60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb.
    (vi) The reports of rim seal inspections specified in Sec. 
60.115b(b)(2) are not required if none of the measured gaps or 
calculated gap areas exceed the limitations specified in Sec. 
60.113b(b)(4). Documentation of the inspections shall be recorded as 
specified in Sec. 60.115b(b)(3).
    (9) Storage vessels described by paragraph (n)(6) of this section 
that are to comply with 40 CFR part 60, subpart Ka, are to comply with 
only subpart Ka except as provided for in paragraphs (n)(9)(i) through 
(n)(9)(iv) of this section.
    (i) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements required in Sec. 60.113a(a)(1) of subpart Ka 
because the floating roof appears to be structurally unsound and poses 
an imminent danger to inspecting personnel, the owner or operator shall 
comply with the requirements in either Sec. 63.120(b)(7)(i) or Sec. 
63.120(b)(7)(ii) of subpart G.
    (ii) If a failure is detected during the seal gap measurements 
required by Sec. 60.113a(a)(1) of subpart Ka, and the vessel cannot be 
repaired within 45 days and the vessel cannot be emptied within 45 days, 
the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each.
    (iii) If an extension is utilized in accordance with paragraph 
(n)(9)(ii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, describe the nature and date of 
the repair made or provide the date the storage vessel was emptied. The 
owner or operator shall also provide documentation of the decision to 
utilize an extension including a description of the failure, 
documentation that alternate storage capacity is unavailable, and a 
schedule of actions that will ensure that the control equipment will be 
repaired or the vessel emptied as soon as possible.
    (iv) Owners and operators of storage vessels complying with subpart 
Ka of part 60 may submit the inspection reports required by Sec. 
60.113a(a)(1)(i)(E) of subpart Ka as part of the periodic reports 
required by this subpart, rather than within the 60-day period specified 
in Sec. 60.113a(a)(1)(i)(E) of subpart Ka.
    (o) Overlap of this subpart CC with other regulations for 
wastewater.
    (1) After the compliance dates specified in paragraph (h) of this 
section a Group 1 wastewater stream managed in a piece of equipment that 
is also subject to the provisions of 40 CFR part 60, subpart QQQ is 
required to comply only with this subpart.
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 or Group 2 wastewater stream that is conveyed, stored, 
or treated in a wastewater stream management unit that also receives 
streams subject to the provisions of Sec. Sec. 63.133 through 63.147 of 
subpart G wastewater provisions of this part shall comply as specified 
in paragraph (o)(2)(i) or (o)(2)(ii) of this section. Compliance with 
the provisions of paragraph (o)(2) of this section shall constitute 
compliance with the requirements of this subpart for that wastewater 
stream.
    (i) Comply with paragraphs (o)(2)(i)(A) through (o)(2)(i)(C) of this 
section.
    (A) The provisions in Sec. Sec. 63.133 through 63.140 of subpart G 
for all equipment used in the storage and conveyance of the Group 1 or 
Group 2 wastewater stream.
    (B) The provisions in both 40 CFR part 61, subpart FF and in 
Sec. Sec. 63.138 and 63.139 of subpart G for the treatment and control 
of the Group 1 or Group 2 wastewater stream.
    (C) The provisions in Sec. Sec. 63.143 through 63.148 of subpart G 
for monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in 40 CFR part 
61, subpart FF, Sec. Sec. 61.355 through 61.357.
    (ii) Comply with paragraphs (o)(2)(ii)(A) and (o)(2)(ii)(B) of this 
section.
    (A) Comply with the provisions of Sec. Sec. 63.133 through 63.148 
and Sec. Sec. 63.151 and 63.152 of subpart G.

[[Page 38]]

    (B) For any Group 2 wastewater stream or organic stream whose 
benzene emissions are subject to control through the use of one or more 
treatment processes or waste management units under the provisions of 40 
CFR part 61, subpart FF on or after December 31, 1992, comply with the 
requirements of Sec. 63.133 through Sec. 63.147 of subpart G for Group 
1 wastewater streams.
    (p) Overlap of subpart CC with other regulations for equipment 
leaks. After the compliance dates specified in paragraph (h) of this 
section equipment leaks that are also subject to the provisions of 40 
CFR parts 60 and 61 are required to comply only with the provisions 
specified in this subpart.
    (q) For overlap of subpart CC with local or State regulations, the 
permitting authority for the affected source may allow consolidation of 
the monitoring, recordkeeping, and reporting requirements under this 
subpart with the monitoring, recordkeeping, and reporting requirements 
under other applicable requirements in 40 CFR parts 60, 61, or 63, and 
in any 40 CFR part 52 approved State implementation plan provided the 
implementation plan allows for approval of alternative monitoring, 
reporting, or recordkeeping requirements and provided that the permit 
contains an equivalent degree of compliance and control.
    (r) Overlap of subpart CC with other regulations for gasoline 
loading racks. After the compliance dates specified in paragraph (h) of 
this section, a Group 1 gasoline loading rack that is part of a source 
subject to subpart CC and also is subject to the provisions of 40 CFR 
part 60, subpart XX is required to comply only with this subpart.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29878, June 12, 1996; 63 FR 44140, Aug. 18, 1998; 66 FR 28841, May 
25, 2001]



Sec. 63.641  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act, subpart A of this part, 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.
    Affected source means the collection of emission points to which 
this subpart applies as determined by the criteria in Sec. 63.640.
    Aliphatic means open-chained structure consisting of paraffin, 
olefin and acetylene hydrocarbons and derivatives.
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the stored liquid at the temperature equal to the 
annual average of the liquid storage temperature for liquids stored 
above or below the ambient temperature or at the local annual average 
temperature reported by the National Weather Service for liquids stored 
at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    By compound means by individual stream components, not by carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Closed vent system means a system that is not open to the atmosphere 
and is configured of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device or back into the process. If gas or vapor from 
regulated equipment is routed to a process (e.g., to a petroleum 
refinery fuel gas system), the process 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 hazardous air pollutant vapors.
    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

[[Page 39]]

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 accessible.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every hour 
and recorded at the frequency specified in Sec. 63.654(i).
    Continuous recorder means a data recording device recording an 
instantaneous data value or an average data value at least once every 
hour.
    Control device means any equipment used for recovering, removing, or 
oxidizing organic hazardous air pollutants. Such equipment includes, but 
is not limited to, absorbers, carbon adsorbers, condensers, 
incinerators, flares, boilers, and process heaters. For miscellaneous 
process vents (as defined in this section), recovery devices (as defined 
in this section) are not considered control devices.
    Delayed coker vent means a vent that is typically intermittent in 
nature, and usually occurs only during the initiation of the 
depressuring cycle of the decoking operation when vapor from the coke 
drums cannot be sent to the fractionator column for product recovery, 
but instead is routed to the atmosphere through a closed blowdown system 
or directly to the atmosphere in an open blowdown system. The emissions 
from the decoking phases of delayed coker operations, which include coke 
drum deheading, draining, or decoking (coke cutting), are not considered 
to be delayed coker vents.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual miscellaneous process vent, 
storage vessel, wastewater stream, or equipment leak associated with a 
petroleum refining process unit; an individual storage vessel or 
equipment leak associated with a bulk gasoline terminal or pipeline 
breakout station classified under Standard Industrial Classification 
code 2911; a gasoline loading rack classified under Standard Industrial 
Classification code 2911; or a marine tank vessel loading operation 
located at a petroleum refinery.
    Equipment leak means emissions of organic hazardous air pollutants 
from a pump, compressor, pressure relief device, sampling connection 
system, open-ended valve or line, valve, or instrumentation system ``in 
organic hazardous air pollutant service'' as defined in this section. 
Vents from wastewater collection and conveyance systems (including, but 
not limited to wastewater drains, sewer vents, and sump drains), tank 
mixers, and sample valves on storage tanks are not equipment leaks.
    Flame zone means the portion of a combustion chamber of a boiler or 
process heater occupied by the flame envelope created by the primary 
fuel.
    Flexible operation unit means a process unit that manufactures 
different products periodically by alternating raw materials or 
operating conditions. These units are also referred to as campaign 
plants or blocked operations.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow, in a line.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous streams generated by refinery operations, 
may blend them with sources of gas, if available, and transports the 
blended gaseous fuel at suitable pressures for use as fuel in heaters, 
furnaces, boilers, incinerators, gas turbines, and other combustion 
devices located within or outside of the refinery. The fuel is piped 
directly to each individual combustion device, and the system typically 
operates at pressures over atmospheric. The gaseous

[[Page 40]]

streams can contain a mixture of methane, light hydrocarbons, hydrogen 
and other miscellaneous species.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 
greater that is used as a fuel for internal combustion engines.
    Gasoline loading rack means the loading arms, pumps, meters, shutoff 
valves, relief valves, and other piping and valves necessary to fill 
gasoline cargo tanks.
    Group 1 gasoline loading rack means any gasoline loading rack 
classified under Standard Industrial Classification code 2911 that is 
located within a bulk gasoline terminal that has a gasoline throughput 
greater than 75,700 liters per day. Gasoline throughput shall be the 
maximum calculated design throughput for the terminal as may be limited 
by compliance with enforceable conditions under Federal, State, or local 
law and discovered by the Administrator and any other person.
    Group 1 marine tank vessel means a vessel at an existing source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals in bulk onto marine tank vessels, that emits greater than 
9.1 megagrams of any individual HAP or 22.7 megagrams of any combination 
of HAP annually after August 18, 1999, or a vessel at a new source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals onto marine tank vessels.
    Group 1 miscellaneous process vent means a miscellaneous process 
vent for which the total organic HAP concentration is greater than or 
equal to 20 parts per million by volume, and the total volatile organic 
compound emissions are greater than or equal to 33 kilograms per day for 
existing sources and 6.8 kilograms per day for new sources at the outlet 
of the final recovery device (if any) and prior to any control device 
and prior to discharge to the atmosphere.
    Group 1 storage vessel means a storage vessel at an existing source 
that has a design capacity greater than or equal to 177 cubic meters and 
stored-liquid maximum true vapor pressure greater than or equal to 10.4 
kilopascals and stored-liquid annual average true vapor pressure greater 
than or equal to 8.3 kilopascals and annual average HAP liquid 
concentration greater than 4 percent by weight total organic HAP; a 
storage vessel at a new source that has a design storage capacity 
greater than or equal to 151 cubic meters and stored-liquid maximum true 
vapor pressure greater than or equal to 3.4 kilopascals and annual 
average HAP liquid concentration greater than 2 percent by weight total 
organic HAP; or a storage vessel at a new source that has a design 
storage capacity greater than or equal to 76 cubic meters and less than 
151 cubic meters and stored-liquid maximum true vapor pressure greater 
than or equal to 77 kilopascals and annual average HAP liquid 
concentration greater than 2 percent by weight total organic HAP.
    Group 1 wastewater stream means a wastewater stream at a petroleum 
refinery with a total annual benzene loading of 10 megagrams per year or 
greater as calculated according to the procedures in 40 CFR 61.342 of 
subpart FF of part 61 that has a flow rate of 0.02 liters per minute or 
greater, a benzene concentration of 10 parts per million by weight or 
greater, and is not exempt from control requirements under the 
provisions of 40 CFR part 61, subpart FF.
    Group 2 gasoline loading rack means a gasoline loading rack 
classified under Standard Industrial Classification code 2911 that does 
not meet the definition of a Group 1 gasoline loading rack.
    Group 2 marine tank vessel means a marine tank vessel that does not 
meet the definition of a Group 1 marine tank vessel.
    Group 2 miscellaneous process vent means a miscellaneous process 
vent that does not meet the definition of a Group 1 miscellaneous 
process vent.
    Group 2 storage vessel means a storage vessel that does not meet the 
definition of a Group 1 storage vessel.
    Group 2 wastewater stream means a wastewater stream that does not 
meet the definition of Group 1 wastewater stream.

[[Page 41]]

    Hazardous air pollutant or HAP means one of the chemicals listed in 
section 112(b) of the Clean Air Act.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.593(d) of part 
60, subpart GGG.
    In organic hazardous air pollutant 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) of subpart H of this part and table 
1 of this subpart. The provisions of Sec. 63.180(d) of subpart H also 
specify how to determine that a piece of equipment is not in organic HAP 
service.
    Leakless valve means a valve that has no external actuating 
mechanism.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored liquid at the temperature equal to the highest 
calendar-month average of the liquid storage temperature for liquids 
stored above or below the ambient temperature or at the local maximum 
monthly average temperature as reported by the National Weather Service 
for liquids stored at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Miscellaneous process vent means a gas stream containing greater 
than 20 parts per million by volume organic HAP that is continuously or 
periodically discharged during normal operation of a petroleum refining 
process unit meeting the criteria specified in Sec. 63.640(a). 
Miscellaneous process vents include gas streams that are discharged 
directly to the atmosphere, gas streams that are routed to a control 
device prior to discharge to the atmosphere, or gas streams that are 
diverted through a product recovery device prior to control or discharge 
to the atmosphere. Miscellaneous process vents include vent streams 
from: caustic wash accumulators, distillation tower condensers/
accumulators, flash/knockout drums, reactor vessels, scrubber overheads, 
stripper overheads, vacuum (steam) ejectors, wash tower overheads, water 
wash accumulators, blowdown condensers/accumulators, and delayed coker 
vents. Miscellaneous process vents do not include:
    (1) Gaseous streams routed to a fuel gas system;
    (2) Relief valve discharges;
    (3) Leaks from equipment regulated under Sec. 63.648;
    (4) Episodic or nonroutine releases such as those associated with 
startup, shutdown, malfunction, maintenance, depressuring, and catalyst 
transfer operations;
    (5) In situ sampling systems (onstream analyzers);
    (6) Catalytic cracking unit catalyst regeneration vents;
    (7) Catalytic reformer regeneration vents;
    (8) Sulfur plant vents;
    (9) Vents from control devices such as scrubbers, boilers, 
incinerators, and electrostatic precipitators applied to catalytic 
cracking unit catalyst regeneration vents, catalytic reformer 
regeneration vents, and sulfur plant vents;
    (10) Vents from any stripping operations applied to comply with the 
wastewater provisions of this subpart, subpart G of this part, or 40 CFR 
part 61, subpart FF;
    (11) Coking unit vents associated with coke drum depressuring at or 
below a coke drum outlet pressure of 15 pounds per square inch gauge, 
deheading, draining, or decoking (coke cutting) or pressure testing 
after decoking;
    (12) Vents from storage vessels;

[[Page 42]]

    (13) Emissions from wastewater collection and conveyance systems 
including, but not limited to, wastewater drains, sewer vents, and sump 
drains; and
    (14) Hydrogen production plant vents through which carbon dioxide is 
removed from process streams or through which steam condensate produced 
or treated within the hydrogen plant is degassed or deaerated.
    Operating permit means a permit required by 40 CFR parts 70 or 71.
    Organic hazardous air pollutant or organic HAP in this subpart, 
means any of the organic chemicals listed in table 1 of this subpart.
    Petroleum-based solvents means mixtures of aliphatic hydrocarbons or 
mixtures of one and two ring aromatic hydrocarbons.
    Periodically discharged means discharges that are intermittent and 
associated with routine operations. Discharges associated with 
maintenance activities or process upsets are not considered periodically 
discharged miscellaneous process vents and are therefore not regulated 
by the petroleum refinery miscellaneous process vent provisions.
    Petroleum refining process unit means a process unit used in an 
establishment primarily engaged in petroleum refining as defined in the 
Standard Industrial Classification code for petroleum refining (2911), 
and used primarily for the following:
    (1) Producing transportation fuels (such as gasoline, diesel fuels, 
and jet fuels), heating fuels (such as kerosene, fuel gas distillate, 
and fuel oils), or lubricants;
    (2) Separating petroleum; or
    (3) Separating, cracking, reacting, or reforming intermediate 
petroleum streams.
    (4) Examples of such units include, but are not limited to, 
petroleum-based solvent units, alkylation units, catalytic 
hydrotreating, catalytic hydrorefining, catalytic hydrocracking, 
catalytic reforming, catalytic cracking, crude distillation, lube oil 
processing, hydrogen production, isomerization, polymerization, thermal 
processes, and blending, sweetening, and treating processes. Petroleum 
refining process units also include sulfur plants.
    Plant site means all contiguous or adjoining property that is under 
common control including properties that are separated only by a road or 
other public right-of-way. Common control includes properties that are 
owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    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 combustion device that primarily 
transfers heat liberated by burning fuel directly to process streams or 
to heat transfer liquids other than water.
    Process unit means the equipment assembled and connected by pipes or 
ducts to process raw and/or intermediate materials and to manufacture an 
intended product. A process unit includes any associated storage 
vessels. For the purpose of this subpart, process unit includes, but is 
not limited to, chemical manufacturing process units and petroleum 
refining process units.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be accomplished. An unscheduled 
work practice or operational procedure that stops production from a 
process unit or part of a process unit for less than 24 hours is not 
considered a process unit shutdown. An unscheduled work practice or 
operational procedure that would stop production from a process unit or 
part of a process unit for a shorter period of time than would be 
required to clear the process unit or part of the process unit of 
materials and start up the unit, or would result in greater emissions 
than delay of repair of leaking components until the next scheduled 
process unit shutdown is not considered a process unit shutdown. The use 
of spare equipment and

[[Page 43]]

technically feasible bypassing of equipment without stopping production 
are not considered process unit shutdowns.
    Recovery device means an individual unit of equipment capable of and 
used for the purpose of recovering chemicals for use, reuse, or sale. 
Recovery devices include, but are not limited to, absorbers, carbon 
adsorbers, and condensers.
    Reference control technology for gasoline loading racks means a 
vapor collection and processing system used to reduce emissions due to 
the loading of gasoline cargo tanks to 10 milligrams of total organic 
compounds per liter of gasoline loaded or less.
    Reference control technology for marine vessels means a vapor 
collection system and a control device that reduces captured HAP 
emissions by 97 percent.
    Reference control technology for miscellaneous process vents means a 
combustion device used to reduce organic HAP emissions by 98 percent, or 
to an outlet concentration of 20 parts per million by volume.
    Reference control technology for storage vessels means either:
    (1) An internal floating roof meeting the specifications of Sec. 
63.119(b) of subpart G except for Sec. 63.119 (b)(5) and (b)(6);
    (2) An external floating roof meeting the specifications of Sec. 
63.119(c) of subpart G except for Sec. 63.119(c)(2);
    (3) An external floating roof converted to an internal floating roof 
meeting the specifications of Sec. 63.119(d) of subpart G except for 
Sec. 63.119(d)(2); or
    (4) A closed-vent system to a control device that reduces organic 
HAP emissions by 95-percent, or to an outlet concentration of 20 parts 
per million by volume.
    (5) For purposes of emissions averaging, these four technologies are 
considered equivalent.
    Reference control technology for wastewater means the use of:
    (1) Controls specified in Sec. Sec. 61.343 through 61.347 of 
subpart FF of part 61;
    (2) A treatment process that achieves the emission reductions 
specified in table 7 of this subpart for each individual HAP present in 
the wastewater stream or is a steam stripper that meets the 
specifications in Sec. 63.138(g) of subpart G of this part; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices) 
the organic HAP emissions in the vapor streams vented from treatment 
processes (including the steam stripper described in paragraph (2) of 
this definition) managing wastewater.
    Refinery fuel gas means a gaseous mixture of methane, light 
hydrocarbons, hydrogen, and other miscellaneous species (nitrogen, 
carbon dioxide, hydrogen sulfide, etc.) that is produced in the refining 
of crude oil and/or petrochemical processes and that is separated for 
use as a fuel in boilers and process heaters throughout the refinery.
    Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge can result from an 
operator error, a malfunction such as a power failure or equipment 
failure, or other unexpected cause that requires immediate venting of 
gas from process equipment in order to avoid safety hazards or equipment 
damage.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of a petroleum refining process unit or 
a unit operation (including, but not limited to, a distillation unit or 
reactor) within a petroleum refining process unit for purposes 
including, but not limited to, periodic maintenance, replacement of 
equipment, or repair.
    Startup means the setting into operation of a petroleum refining 
process unit for purposes of production. Startup does not include 
operation solely for purposes of testing equipment. Startup does not 
include changes in product for flexible operation units.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids. Storage vessel does not include:

[[Page 44]]

    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 40 cubic meters;
    (4) Bottoms receiver tanks; or
    (5) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having an accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
or 0.5 [deg]C, whichever is greater.
    Total annual benzene means the total amount of benzene in waste 
streams at a facility on an annual basis as determined in Sec. 61.342 
of 40 CFR part 61, subpart FF.
    Total organic compounds or TOC, as used in this subpart, means those 
compounds excluding methane and ethane measured according to the 
procedures of Method 18 of 40 CFR part 60, appendix A. Method 25A may be 
used alone or in combination with Method 18 to measure TOC as provided 
in Sec. 63.645 of this subpart.
    Wastewater means water or wastewater that, during production or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, byproduct, or waste product and is discharged into any 
individual drain system. Examples are feed tank drawdown; water formed 
during a chemical reaction or used as a reactant; water used to wash 
impurities from organic products or reactants; water used to cool or 
quench organic vapor streams through direct contact; and condensed steam 
from jet ejector systems pulling vacuum on vessels containing organics.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29879, June 12, 1996; 
62 FR 7938, Feb. 21, 1997; 63 FR 31361, June 9, 1998; 63 FR 44141, Aug. 
18, 1998]



Sec. 63.642  General standards.

    (a) Each owner or operator of a source subject to this subpart is 
required to apply for a part 70 or part 71 operating permit from the 
appropriate permitting authority. If the EPA has approved a State 
operating permit program under part 70, the permit shall be obtained 
from the State authority. If the State operating permit program has not 
been approved, the source shall apply to the EPA Regional Office 
pursuant to part 71.
    (b) [Reserved]
    (c) Table 6 of this subpart specifies the provisions of subpart A of 
this part that apply and those that do not apply to owners and operators 
of sources subject to this subpart.
    (d) Initial performance tests and initial compliance determinations 
shall be required only as specified in this subpart.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures specified in this 
subpart.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled.
    (3) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) except that performance tests shall be conducted at 
maximum representative operating capacity for the process. During the 
performance test, an owner or operator shall operate the control device 
at either maximum or minimum representative operating conditions for 
monitored control device parameters, whichever results in lower emission 
reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable section or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (e) Each owner or operator of a source subject to this subpart shall 
keep copies of all applicable reports and records required by this 
subpart for at least 5 years except as otherwise specified in this 
subpart. All applicable records shall be maintained in such a manner 
that they can be readily accessed within 24 hours. Records may be 
maintained in hard copy or computer-readable form including, but not

[[Page 45]]

limited to, on paper, microfilm, computer, floppy disk, magnetic tape, 
or microfiche.
    (f) All reports required under this subpart shall be sent to the 
Administrator at the addresses listed in Sec. 63.13 of subpart A of 
this part. If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (g) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the following equation:

EA = 0.02[Sigma] EPV1 + [Sigma] EPV2 + 
    0.05[Sigma] ES1 + [Sigma] ES2 + [Sigma] 
    EGLR1C + [Sigma] EGLR2 + (R) [Sigma] 
    EMV1 + [Sigma] EMV2 + [Sigma] EWW1C 
    + [Sigma] EWW2

where:

EA = Emission rate, megagrams per year, allowed for the 
source.
0.02[Sigma] EPV1 = Sum of the residual emissions, megagrams 
per year, from all Group 1 miscellaneous process vents, as defined in 
Sec. 63.641.
[Sigma] EPV2 = Sum of the emissions, megagrams per year, from 
all Group 2 process vents, as defined in Sec. 63.641.
0.05[Sigma] ES1 = Sum of the residual emissions, megagrams 
per year, from all Group 1 storage vessels, as defined in Sec. 63.641.
[Sigma] ES2 = Sum of the emissions, megagrams per year, from 
all Group 2 storage vessels, as defined in Sec. 63.641.
[Sigma] EGLR1C = Sum of the residual emissions, megagrams per 
year, from all Group 1 gasoline loading racks, as defined in Sec. 
63.641.
[Sigma] EGLR2 = Sum of the emissions, megagrams per year, 
from all Group 2 gasoline loading racks, as defined in Sec. 63.641.
(R)[Sigma] EMV1 = Sum of the residual emissions megagrams per 
year, from all Group 1 marine tank vessels, as defined in Sec. 63.641.
R = 0.03 for existing sources, 0.02 for new sources.
[Sigma] EMV2 = Sum of the emissions, megagrams per year from 
all Group 2 marine tank vessels, as defined in Sec. 63.641.
[Sigma] EWW1C = Sum of the residual emissions from all Group 
1 wastewater streams, as defined in Sec. 63.641. This term is 
calculated for each Group 1 stream according to the equation for 
EWWic in Sec. 63.652(h)(6).
[Sigma] EWW2 = Sum of emissions from all Group 2 wastewater 
streams, as defined in Sec. 63.641.


The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point change or as the 
number of emission points in the source changes.
    (h) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the equation in paragraph (g) of this section.
    (i) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (g) of this section 
by following the procedures specified in paragraph (k) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (l) of this section for 
specified emission points and the procedures specified in paragraph (k) 
of this section for all other emission points within the source.
    (j) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (h) of this section 
only by following the procedures in paragraph (k) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (k) The owner or operator of an existing source may comply, and the 
owner or operator of a new source shall comply, with the miscellaneous 
process vent provisions in Sec. Sec. 63.643 through 63.645, the storage 
vessel provisions in Sec. 63.646, the wastewater provisions in Sec. 
63.647, the gasoline loading rack provisions in Sec. 63.650, and the 
marine tank vessel loading operation provisions in Sec. 63.651 of this 
subpart.
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. 63.654 as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(g) of this section.
    (l) The owner or operator of an existing source may elect to control 
some of the emission points within the source to different levels than 
specified under Sec. Sec. 63.643 through 63.647, Sec. Sec. 63.650 and 
63.651 by using an emissions averaging compliance approach as long as 
the overall emissions for the source do not exceed the emission level 
specified in paragraph (g) of this section. The owner or operator using 
emissions averaging shall meet the requirements

[[Page 46]]

in paragraphs (l)(1) and (l)(2) of this section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average according to the procedures specified 
in Sec. 63.652; and
    (2) Comply with the requirements of Sec. Sec. 63.652, 63.653, and 
63.654, as applicable.
    (m) A State may restrict the owner or operator of an existing source 
to using only the procedures in paragraph (k) of this section to comply 
with the emission standard in paragraph (g) of this section. Such a 
restriction would preclude the source from using an emissions averaging 
compliance approach.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29879, June 12, 1996]



Sec. 63.643  Miscellaneous process vent provisions.

    (a) The owner or operator of a Group 1 miscellaneous process vent as 
defined in Sec. 63.641 shall comply with the requirements of either 
paragraphs (a)(1) or (a)(2) of this section.
    (1) Reduce emissions of organic HAP's using a flare that meets the 
requirements of Sec. 63.11(b) of subpart A of this part.
    (2) Reduce emissions of organic HAP's, using a control device, by 98 
weight-percent or to a concentration of 20 parts per million by volume, 
on a dry basis, corrected to 3 percent oxygen, whichever is less 
stringent. Compliance can be determined by measuring either organic 
HAP's or TOC's using the procedures in Sec. 63.645.
    (b) If a boiler or process heater is used to comply with the 
percentage of reduction requirement or concentration limit specified in 
paragraph (a)(2) of this section, then the vent stream shall be 
introduced into the flame zone of such a device, or in a location such 
that the required percent reduction or concentration is achieved. 
Testing and monitoring is required only as specified in Sec. 63.644(a) 
and Sec. 63.645 of this subpart.



Sec. 63.644  Monitoring provisions for miscellaneous process vents.

    (a) Except as provided in paragraph (b) of this section, each owner 
or operator of a Group 1 miscellaneous process vent that uses a 
combustion device to comply with the requirements in Sec. 63.643(a) 
shall install the monitoring equipment specified in paragraph (a)(1), 
(a)(2), (a)(3), or (a)(4) of this section, depending on the type of 
combustion device used. All monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturer's 
specifications or other written procedures that provide adequate 
assurance that the equipment will monitor accurately.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, a device (including but not limited to a 
thermocouple, an ultraviolet beam sensor, or an infrared sensor) capable 
of continuously detecting the presence of a pilot flame is required.
    (3) Any boiler or process heater with a design heat input capacity 
greater than or equal to 44 megawatt or any boiler or process heater in 
which all vent streams are introduced into the flame zone is exempt from 
monitoring.
    (4) Any boiler or process heater less than 44 megawatts design heat 
capacity where the vent stream is not introduced into the flame zone is 
required to use a temperature monitoring device in the firebox equipped 
with a continuous recorder.
    (b) An owner or operator of a Group 1 miscellaneous process vent may 
request approval to monitor parameters other than those listed in 
paragraph (a) of this section. The request shall be submitted according 
to the procedures specified in Sec. 63.654(h). Approval shall be 
requested if the owner or operator:
    (1) Uses a control device other than an incinerator, boiler, process 
heater, or flare; or

[[Page 47]]

    (2) Uses one of the control devices listed in paragraph (a) of this 
section, but seeks to monitor a parameter other than those specified in 
paragraph (a) of this section.
    (c) The owner or operator of a Group 1 miscellaneous process vent 
using a vent system that contains bypass lines that could divert a vent 
stream away from the control device used to comply with paragraph (a) of 
this section shall comply with either paragraph (c)(1) or (c)(2) of this 
section. Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, pressure relief valves needed for 
safety reasons, and equipment subject to Sec. 63.648 are not subject to 
this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether a vent stream flow is present at least once every 
hour. Records shall be generated as specified in Sec. 63.654(h) and 
(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 a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line.
    (d) The owner or operator shall establish a range that ensures 
compliance with the emissions standard for each parameter monitored 
under paragraphs (a) and (b) of this section. In order to establish the 
range, the information required in Sec. 63.654(f)(3) shall be submitted 
in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum and/or maximum operating 
parameter value or procedure required to be monitored under paragraphs 
(a) and (b) of this section. Operation of the control device in a manner 
that constitutes a period of excess emissions, as defined in Sec. 
63.654(g)(6), or failure to perform procedures required by this section 
shall constitute a violation of the applicable emission standard of this 
subpart.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998]



Sec. 63.645  Test methods and procedures for miscellaneous process vents.

    (a) To demonstrate compliance with Sec. 63.643, an owner or 
operator shall follow Sec. 63.116 except for Sec. 63.116 (a)(1), (d) 
and (e) of subpart G of this part except as provided in paragraphs (b) 
through (d) and paragraph (i) of this section.
    (b) All references to Sec. 63.113(a)(1) or (a)(2) in Sec. 63.116 
of subpart G of this part shall be replaced with Sec. 63.643(a)(1) or 
(a)(2), respectively.
    (c) In Sec. 63.116(c)(4)(ii)(C) of subpart G of this part, organic 
HAP's in the list of HAP's in table 1 of this subpart shall be 
considered instead of the organic HAP's in table 2 of subpart F of this 
part.
    (d) All references to Sec. 63.116(b)(1) or (b)(2) shall be replaced 
with paragraphs (d)(1) and (d)(2) of this section, respectively.
    (1) Any boiler or process heater with a design heat input capacity 
of 44 megawatts or greater.
    (2) Any boiler or process heater in which all vent streams are 
introduced into the flame zone.
    (e) For purposes of determining the TOC emission rate, as specified 
under paragraph (f) of this section, the sampling site shall be after 
the last product recovery device (as defined in Sec. 63.641 of this 
subpart) (if any recovery devices are present) but prior to the inlet of 
any control device (as defined in Sec. 63.641 of this subpart) that is 
present, prior to any dilution of the process vent stream, and prior to 
release to the atmosphere.
    (1) Methods 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (f) Except as provided in paragraph (g) of this section, an owner or 
operator seeking to demonstrate that a process vent TOC mass flow rate 
is less than 33 kilograms per day for an existing source or less than 
6.8 kilograms

[[Page 48]]

per day for a new source in accordance with the Group 2 process vent 
definition of this subpart shall determine the TOC mass flow rate by the 
following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(e) of this section.
    (2) The gas volumetric flow rate shall be determined using Methods 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used. If Method 25A is used, and the TOC 
mass flow rate calculated from the Method 25A measurement is greater 
than or equal to 33 kilograms per day for an existing source or 6.8 
kilograms per day for a new source, Method 18 may be used to determine 
any non-VOC hydrocarbons that may be deducted to calculate the TOC 
(minus non-VOC hydrocarbons) concentration and mass flow rate. The 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15-minute intervals during the run.
    (ii) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation if Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.000

where:

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

    (4) The emission rate of TOC (minus methane and ethane) 
(ETOC) shall be calculated using the following equation if 
Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.001

where:

E=Emission rate of TOC (minus methane and ethane) in the sample, 
kilograms per day.
K2 = Constant, 5.986 x 10-5 (parts per million) 
-1 (gram-mole per standard cubic meter) (kilogram per gram) 
(minute per day), where the standard temperature (standard cubic meter) 
is at 20 [deg]C.
Cj=Concentration on a dry basis of organic compound j in 
parts per million as measured by Method 18 of 40 CFR part 60, appendix 
A, as indicated in paragraph (f)(3) of this section. Cj 
includes all organic compounds measured minus methane and ethane.
Mj=Molecular weight of organic compound j, gram per gram-
mole.
Qs=Vent stream flow rate, dry standard cubic meters per 
minute, at a temperature of 20 [deg]C.

    (5) If Method 25A is used, the emission rate of TOC 
(ETOC) shall be calculated using the following equation: -

ETOC=K2CTOCMQs

where:

ETOC=Emission rate of TOC (minus methane and ethane) in the 
sample, kilograms per day.
K2=Constant, 5.986x10-5 (parts per million) 
-1 (gram-mole per standard cubic meter) (kilogram per 
gram)(minute per day), where the standard temperature (standard cubic 
meter) is at 20 [deg]C.
CTOC=Concentration of TOC on a dry basis in parts per million 
volume as measured by Method 25A of 40 CFR part 60, appendix A, as 
indicated in paragraph (f)(3) of this section.
M=Molecular weight of organic compound used to express units of 
CTOC, gram per gram-mole.
Qs=Vent stream flow rate, dry standard cubic meters per 
minute, at a temperature of 20 [deg]C.

    (g) Engineering assessment may be used to determine the TOC emission 
rate for the representative operating condition expected to yield the 
highest daily emission rate.
    (1) Engineering assessment includes, but is not limited to, the 
following:

[[Page 49]]

    (i) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) TOC emission rate specified or implied within a permit limit 
applicable to the process vent.
    (iv) 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:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC concentrations;
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities; and
    (C) Estimation of TOC concentrations based on saturation conditions.
    (v) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (h) The owner or operator of a Group 2 process vent shall 
recalculate the TOC emission rate for each process vent, as necessary, 
whenever process changes are made to determine whether the vent is in 
Group 1 or Group 2. Examples of process changes include, but are not 
limited to, changes in production capacity, production rate, or catalyst 
type, or whenever there is replacement, removal, or addition of recovery 
equipment. For purposes of this paragraph, process changes do not 
include: process upsets; unintentional, temporary process changes; and 
changes that are within the range on which the original calculation was 
based.
    (1) The TOC emission rate shall be recalculated based on 
measurements of vent stream flow rate and TOC as specified in paragraphs 
(e) and (f) of this section, as applicable, or on best engineering 
assessment of the effects of the change. Engineering assessments shall 
meet the specifications in paragraph (g) of this section.
    (2) Where the recalculated TOC emission rate is greater than 33 
kilograms per day for an existing source or greater than 6.8 kilograms 
per day for a new source, the owner or operator shall submit a report as 
specified in Sec. 63.654 (f), (g), or (h) and shall comply with the 
appropriate provisions in Sec. 63.643 by the dates specified in Sec. 
63.640.
    (i) A compliance determination for visible emissions shall be 
conducted within 150 days of the compliance date using Method 22 of 40 
CFR part 60, appendix A, to determine visible emissions.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998]



Sec. 63.646  Storage vessel provisions.

    (a) Each owner or operator of a Group 1 storage vessel subject to 
this subpart shall comply with the requirements of Sec. Sec. 63.119 
through 63.121 except as provided in paragraphs (b) through (l) of this 
section.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in 40 CFR part 63, subparts A or G. 
The Group 1 storage vessel definition presented in Sec. 63.641 shall 
apply in lieu of the Group 1 storage vessel definitions presented in 
tables 5 and 6 of Sec. 63.119 of subpart G of this part.
    (1) An owner or operator may use good engineering judgement or test 
results to determine the stored liquid weight percent total organic HAP 
for purposes of group determination. Data, assumptions, and procedures 
used in the determination shall be documented.
    (2) When an owner or operator and the Administrator do not agree on 
whether the annual average weight percent organic HAP in the stored 
liquid is above or below 4 percent for a storage vessel at an existing 
source or above or below 2 percent for a storage vessel at a new source, 
Method 18 of 40 CFR part 60, appendix A shall be used.
    (c) The following paragraphs do not apply to storage vessels at 
existing sources subject to this subpart: Sec. 63.119 (b)(5), (b)(6), 
(c)(2), and (d)(2).
    (d) References shall apply as specified in paragraphs (d)(1) through 
(d)(10) of this section.
    (1) All references to Sec. 63.100(k) of subpart F of this part (or 
the schedule provisions and the compliance date) shall be replaced with 
Sec. 63.640(h),

[[Page 50]]

    (2) All references to April 22, 1994 shall be replaced with August 
18, 1995.
    (3) All references to December 31, 1992 shall be replaced with July 
15, 1994.
    (4) All references to the compliance dates specified in Sec. 63.100 
of subpart F shall be replaced with Sec. 63.640 (h) through (m).
    (5) All references to Sec. 63.150 in Sec. 63.119 of subpart G of 
this part shall be replaced with Sec. 63.652.
    (6) All references to Sec. 63.113(a)(2) of subpart G shall be 
replaced with Sec. 63.643(a)(2) of this subpart.
    (7) All references to Sec. 63.126(b)(1) of subpart G shall be 
replaced with Sec. 63.422(b) of subpart R of this part.
    (8) All references to Sec. 63.128(a) of subpart G shall be replaced 
with Sec. 63.425, paragraphs (a) through (c) and (e) through (h) of 
subpart R of this part.
    (9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) 
of subpart G are not applicable. For sources subject to this subpart, 
such references shall mean that 40 CFR 61.355 is applicable.
    (10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that Sec. 63.647 of this subpart is applicable.
    (e) When complying with the inspection requirements of Sec. 63.120 
of subpart G of this part, owners and operators of storage vessels at 
existing sources subject to this subpart are not required to comply with 
the provisions for gaskets, slotted membranes, and sleeve seals.
    (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this 
section apply to Group 1 storage vessels at existing sources:
    (1) If a cover or lid is installed on an opening on a floating roof, 
the cover or lid shall remain closed except when the cover or lid must 
be open for access.
    (2) Rim space vents are to be set to open only when the floating 
roof is not floating or when the pressure beneath the rim seal exceeds 
the manufacturer's recommended setting.
    (3) Automatic bleeder vents are to be closed at all times when the 
roof is floating except when the roof is being floated off or is being 
landed on the roof leg supports.
    (g) Failure to perform inspections and monitoring required by this 
section shall constitute a violation of the applicable standard of this 
subpart.
    (h) References in Sec. Sec. 63.119 through 63.121 to Sec. 
63.122(g)(1), Sec. 63.151, and references to initial notification 
requirements do not apply.
    (i) References to the Implementation Plan in Sec. 63.120, 
paragraphs (d)(2) and (d)(3)(i) shall be replaced with the Notification 
of Compliance Status report.
    (j) References to the Notification of Compliance Status report in 
Sec. 63.152(b) shall be replaced with Sec. 63.654(f).
    (k) References to the Periodic Reports in Sec. 63.152(c) shall be 
replaced with Sec. 63.654(g).
    (l) The State or local permitting authority can waive the 
notification requirements of Sec. Sec. 63.120(a)(5), 63.120(a)(6), 
63.120(b)(10)(ii), and 63.120(b)(10)(iii) for all or some storage 
vessels at petroleum refineries subject to this subpart. The State or 
local permitting authority may also grant permission to refill storage 
vessels sooner than 30 days after submitting the notifications in 
Sec. Sec. 63.120(a)(6) or 63.120(b)(10)(iii) for all storage vessels at 
a refinery or for individual storage vessels on a case-by-case basis.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
62 FR 7939, Feb. 21, 1997]



Sec. 63.647  Wastewater provisions.

    (a) Except as provided in paragraph (b) of this section, each owner 
or operator of a Group 1 wastewater stream shall comply with the 
requirements of Sec. Sec. 61.340 through 61.355 of 40 CFR part 61, 
subpart FF for each process wastewater stream that meets the definition 
in Sec. 63.641.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in the Clean Air Act or in 40 CFR part 
61, subpart FF, Sec. 61.341.
    (c) Each owner or operator required under subpart FF of 40 CFR part 
61 to perform periodic measurement of benzene concentration in 
wastewater, or to monitor process or control device operating parameters 
shall operate in a manner consistent with the minimum or maximum (as 
appropriate) permitted concentration or operating parameter values. 
Operation of the process, treatment unit, or control device

[[Page 51]]

resulting in a measured concentration or operating parameter value 
outside the permitted limits shall constitute a violation of the 
emission standards. Failure to perform required leak monitoring for 
closed vent systems and control devices or failure to repair leaks 
within the time period specified in subpart FF of 40 CFR part 61 shall 
constitute a violation of the standard.



Sec. 63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the 
provisions of this subpart shall comply with the provisions of 40 CFR 
part 60 subpart VV and paragraph (b) of this section except as provided 
in paragraphs (a)(1), (a)(2), and (c) through (i) of this section. Each 
owner or operator of a new source subject to the provisions of this 
subpart shall comply with subpart H of this part except as provided in 
paragraphs (c) through (i) of this section.
    (1) For purposes of compliance with this section, the provisions of 
40 CFR part 60, subpart VV apply only to equipment in organic HAP 
service, as defined in Sec. 63.641 of this subpart.
    (2) Calculation of percentage leaking equipment components for 
subpart VV of 40 CFR part 60 may be done on a process unit basis or a 
sourcewide basis. Once the owner or operator has decided, all subsequent 
calculations shall be on the same basis unless a permit change is made.
    (b) The use of monitoring data generated before August 18, 1995 to 
qualify for less frequent monitoring of valves and pumps as provided 
under 40 CFR part 60 subpart VV or subpart H of this part and paragraph 
(c) of this section (i.e., quarterly or semiannually) is governed by the 
requirements of paragraphs (b)(1) and (b)(2) of this section.
    (1) Monitoring data must meet the test methods and procedures 
specified in Sec. 60.485(b) of 40 CFR part 60, subpart VV or Sec. 
63.180(b)(1) through (b)(5) of subpart H of this part except for minor 
departures.
    (2) Departures from the criteria specified in Sec. 60.485(b) of 40 
CFR part 60 subpart VV or Sec. 63.180(b)(1) through (b)(5) of subpart H 
of this part or from the monitoring frequency specified in subpart VV or 
in paragraph (c) of this section (such as every 6 weeks instead of 
monthly or quarterly) are minor and do not significantly affect the 
quality of the data. An example of a minor departure is monitoring at a 
slightly different frequency (such as every 6 weeks instead of monthly 
or quarterly). Failure to use a calibrated instrument is not considered 
a minor departure.
    (c) In lieu of complying with the existing source provisions of 
paragraph (a) in this section, an owner or operator may elect to comply 
with the requirements of Sec. Sec. 63.161 through 63.169, 63.171, 
63.172, 63.175, 63.176, 63.177, 63.179, and 63.180 of subpart H of this 
part except as provided in paragraphs (c)(1) through (c)(10) and (e) 
through (i) of this section.
    (1) The instrument readings that define a leak for light liquid 
pumps subject to Sec. 63.163 of subpart H of this part and gas/vapor 
and light liquid valves subject to Sec. 63.168 of subpart H of this 
part are specified in table 2 of this subpart.
    (2) In phase III of the valve standard, the owner or operator may 
monitor valves for leaks as specified in paragraphs (c)(2)(i) or 
(c)(2)(ii) of this section.
    (i) If the owner or operator does not elect to monitor connectors, 
then the owner or operator shall monitor valves according to the 
frequency specified in table 8 of this subpart.
    (ii) If an owner or operator elects to monitor connectors according 
to the provisions of Sec. 63.649, paragraphs (b), (c), or (d), then the 
owner or operator shall monitor valves at the frequencies specified in 
table 9 of this subpart.
    (3) The owner or operator shall decide no later than the first 
required monitoring period after the phase I compliance date specified 
in Sec. 63.640(h) whether to calculate the percentage leaking valves on 
a process unit basis or on a sourcewide basis. Once the owner or 
operator has decided, all subsequent calculations shall be on the same 
basis unless a permit change is made.
    (4) The owner or operator shall decide no later than the first 
monitoring period after the phase III compliance date specified in Sec. 
63.640(h) whether to monitor connectors according to the provisions in 
Sec. 63.649, paragraphs (b), (c), or (d).

[[Page 52]]

    (5) Connectors in gas/vapor service or light liquid service are 
subject to the requirements for connectors in heavy liquid service in 
Sec. 63.169 of subpart H of this part (except for the agitator 
provisions). The leak definition for valves, connectors, and 
instrumentation systems subject to Sec. 63.169 is 1,000 parts per 
million.
    (6) In phase III of the pump standard, except as provided in 
paragraph (c)(7) of this section, owners or operators that achieve less 
than 10 percent of light liquid pumps leaking or three light liquid 
pumps leaking, whichever is greater, shall monitor light liquid pumps 
monthly.
    (7) Owners or operators that achieve less than 3 percent of light 
liquid pumps leaking or one light liquid pump leaking, whichever is 
greater, shall monitor light liquid pumps quarterly.
    (8) An owner or operator may make the election described in 
paragraphs (c)(3) and (c)(4) of this section at any time except that any 
election to change after the initial election shall be treated as a 
permit modification according to the terms of part 70 of this chapter.
    (9) When complying with the requirements of Sec. 63.168(e)(3)(i), 
non-repairable valves shall be included in the calculation of percent 
leaking valves the first time the valve is identified as leaking and 
non-repairable. Otherwise, a number of non-repairable valves up to a 
maximum of 1 percent per year of the total number of valves in organic 
HAP service up to a maximum of 3 percent may be excluded from 
calculation of percent leaking valves for subsequent monitoring periods. 
When the number of non-repairable valves exceeds 3 percent of the total 
number of valves in organic HAP service, the number of non-repairable 
valves exceeding 3 percent of the total number shall be included in the 
calculation of percent leaking valves.
    (10) If in phase III of the valve standard any valve is designated 
as being leakless, the owner or operator has the option of following the 
provisions of 40 CFR 60.482-7(f). If an owner or operator chooses to 
comply with the provisions of 40 CFR 60.482-7(f), the valve is exempt 
from the valve monitoring provisions of Sec. 63.168 of subpart H of 
this part.
    (d) Upon startup of new sources, the owner or operator shall comply 
with Sec. 63.163(a)(1)(ii) of subpart H of this part for light liquid 
pumps and Sec. 63.168(a)(1)(ii) of subpart H of this part for gas/vapor 
and light liquid valves.
    (e) For reciprocating pumps in heavy liquid service and agitators in 
heavy liquid service, owners and operators are not required to comply 
with the requirements in Sec. 63.169 of subpart H of this part.
    (f) Reciprocating pumps in light liquid service are exempt from 
Sec. Sec. 63.163 and 60.482 if recasting the distance piece or 
reciprocating pump replacement is required.
    (g) Compressors in hydrogen service are exempt from the requirements 
of paragraphs (a) and (c) of this section if an owner or operator 
demonstrates that a compressor is in hydrogen service.
    (1) Each compressor is presumed not to be in hydrogen service unless 
an owner or operator demonstrates that the piece of equipment is in 
hydrogen service.
    (2) For a piece of equipment to be considered in hydrogen service, 
it must be determined that the percentage hydrogen content can be 
reasonably expected always to exceed 50 percent by volume.
    (i) For purposes of determining the percentage hydrogen content in 
the process fluid that is contained in or contacts a compressor, the 
owner or operator shall use either:
    (A) Procedures that conform to those specified in Sec. 60.593(b)(2) 
of 40 part 60, subpart GGG.
    (B) Engineering judgment to demonstrate that the percentage content 
exceeds 50 percent by volume, provided the engineering judgment 
demonstrates that the content clearly exceeds 50 percent by volume.
    (1) When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is in hydrogen service, the procedures in 
paragraph (g)(2)(i)(A) of this section shall be used to resolve the 
disagreement.
    (2) If an owner or operator determines that a piece of equipment is 
in hydrogen service, the determination

[[Page 53]]

can be revised only by following the procedures in paragraph 
(g)(2)(i)(A) of this section.
    (h) Each owner or operator of a source subject to the provisions of 
this subpart must maintain all records for a minimum of 5 years.
    (i) Reciprocating compressors are exempt from seal requirements if 
recasting the distance piece or compressor replacement is required.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998]



Sec. 63.649  Alternative means of emission limitation: Connectors in 

gas/vapor service and light liquid service.

    (a) If an owner or operator elects to monitor valves according to 
the provisions of Sec. 63.648(c)(2)(ii), the owner or operator shall 
implement one of the connector monitoring programs specified in 
paragraphs (b), (c), or (d) of this section.
    (b) Random 200 connector alternative. The owner or operator shall 
implement a random sampling program for accessible connectors of 2.0 
inches nominal diameter or greater. The program does not apply to 
inaccessible or unsafe-to-monitor connectors, as defined in Sec. 63.174 
of subpart H. The sampling program shall be implemented source-wide.
    (1) Within the first 12 months after the phase III compliance date 
specified in Sec. 63.640(h), a sample of 200 connectors shall be 
randomly selected and monitored using Method 21 of 40 CFR part 60, 
appendix A.
    (2) The instrument reading that defines a leak is 1,000 parts per 
million.
    (3) 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 (e) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected.
    (4) If a leak is detected, the connector shall be monitored for 
leaks within the first 3 months after its repair.
    (5) After conducting the initial survey required in paragraph (b)(1) 
of this section, the owner or operator shall conduct subsequent 
monitoring of connectors at the frequencies specified in paragraphs 
(b)(5)(i) through (b)(5)(iv) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall survey a random sample of 200 connectors 
once every 6 months.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or operator shall survey a random 
sample of 200 connectors once per year.
    (iii) If the percentage leaking connectors is 0.5 percent or greater 
but less than 1.0 percent, the owner or operator shall survey a random 
sample of 200 connectors once every 2 years.
    (iv) If the percentage leaking connectors is less than 0.5 percent, 
the owner or operator shall survey a random sample of 200 connectors 
once every 4 years.
    (6) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (c) Connector inspection alternative. The owner or operator shall 
implement a program to monitor all accessible connectors in gas/vapor 
service that are 2.0 inches (nominal diameter) or greater and inspect 
all accessible connectors in light liquid service that are 2 inches 
(nominal diameter) or greater as described in paragraphs (c)(1) through 
(c)(7) of this section. The program does not apply to inaccessible or 
unsafe-to-monitor connectors.
    (1) Within 12 months after the phase III compliance date specified 
in Sec. 63.640(h), all connectors in gas/vapor service shall be 
monitored using Method 21 of 40 CFR part 60 appendix A. The instrument 
reading that defines a leak is 1,000 parts per million.
    (2) All connectors in light liquid service shall be inspected for 
leaks. A leak is detected if liquids are observed to be dripping at a 
rate greater than three drops per minute.
    (3) 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 (e) of this section. A first 
attempt at repair shall be made no later

[[Page 54]]

than 5 calendar days after the leak is detected.
    (4) If a leak is detected, connectors in gas/vapor service shall be 
monitored for leaks within the first 3 months after repair. Connectors 
in light liquid service shall be inspected for indications of leaks 
within the first 3 months after repair. A leak is detected if liquids 
are observed to be dripping at a rate greater than three drops per 
minute.
    (5) After conducting the initial survey required in paragraphs 
(c)(1) and (c)(2) of this section, the owner or operator shall conduct 
subsequent monitoring at the frequencies specified in paragraphs 
(c)(5)(i) through (c)(5)(iii) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once per year.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or operator shall monitor or 
inspect, as applicable, the connectors once every 2 years.
    (iii) If the percentage leaking connectors is less than 1.0 percent, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once every 4 years.
    (6) The percentage leaking connectors shall be calculated for 
connectors in gas/vapor service and for connectors in light liquid 
service. The data for the two groups of connectors shall not be pooled 
for the purpose of determining the percentage leaking connectors.
    (i) The percentage leaking connectors shall be calculated as 
follows:

% CL=[(CL-CAN)/
    Ct+Cc)]x100

where:

% CL=Percentage leaking connectors.
CL=Number of connectors including nonrepairables, measured at 
1,000 parts per million or greater, by Method 21 of 40 CFR part 60, 
Appendix A.
CAN=Number of allowable nonrepairable connectors, as 
determined by monitoring, not to exceed 3 percent of the total connector 
population, Ct.
Ct=Total number of monitored connectors, including 
nonrepairables, in the process unit.
Cc=Optional credit for removed connectors=0.67xnet number 
(i.e., the total number of connectors removed minus the total added) of 
connectors in organic HAP service removed from the process unit after 
the applicability date set forth in Sec. 63.640(h)(4)(iii) for existing 
process units, and after the date of start-up for new process units. If 
credits are not taken, then Cc=0.

    (ii) Nonrepairable connectors shall be included in the calculation 
of percentage leaking connectors the first time the connector is 
identified as leaking and nonrepairable. Otherwise, a number of 
nonrepairable connectors up to a maximum of 1 percent per year of the 
total number of connectors in organic HAP service up to a maximum of 3 
percent may be excluded from calculation of percentage leaking 
connectors for subsequent monitoring periods.
    (iii) If the number of nonrepairable connectors exceeds 3 percent of 
the total number of connectors in organic HAP service, the number of 
nonrepairable connectors exceeding 3 percent of the total number shall 
be included in the calculation of the percentage leaking connectors.
    (7) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (d) Subpart H program. The owner or operator shall implement a 
program to comply with the provisions in Sec. 63.174 of this part.
    (e) Delay of repair of connectors for which leaks have been detected 
is allowed if repair is not technically feasible by normal repair 
techniques without a process unit shutdown. Repair of this equipment 
shall occur by the end of the next process unit shutdown.
    (1) Delay of repair is allowed for equipment that is isolated from 
the process and that does not remain in organic HAP service.
    (2) Delay of repair for connectors is also allowed if:
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are accomplished, the purged material 
would be collected and destroyed or recovered in a control device.

[[Page 55]]

    (f) Any connector that is designated as an unsafe-to-repair 
connector is exempt from the requirements of paragraphs (b)(3) and 
(b)(4), (c)(3) and (c)(4), or (d) of this section if:
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (b)(3) and (b)(4), (c)(3) and (c)(4), of this section; or
    (2) The connector will be repaired before the end of the next 
scheduled process unit shutdown.
    (g) The owner or operator shall maintain records to document that 
the connector monitoring or inspections have been conducted as required 
and to document repair of leaking connectors as applicable.



Sec. 63.650  Gasoline loading rack provisions.

    (a) Except as provided in paragraphs (b) through (c) of this 
section, each owner or operator of a gasoline loading rack classified 
under Standard Industrial Classification code 2911 located within a 
contiguous area and under common control with a petroleum refinery shall 
comply with subpart R, Sec. Sec. 63.421, 63.422 (a) through (c), 63.425 
(a) through (c), 63.425 (e) through (h), 63.427 (a) and (b), and 63.428 
(b), (c), (g)(1), and (h)(1) through (h)(3).
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart R. The Sec. 63.641 definition of ``affected source'' applies 
under this section.
    (c) Gasoline loading racks regulated under this subpart are subject 
to the compliance dates specified in Sec. 63.640(h).

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]



Sec. 63.651  Marine tank vessel loading operation provisions.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, each owner or operator of a marine tank vessel loading 
operation located at a petroleum refinery shall comply with the 
requirements of Sec. Sec. 63.560 through 63.567.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart Y. The Sec. 63.641 definition of ``affected source'' applies 
under this section.
    (c) The Initial Notification Report under Sec. 63.567(b) is not 
required.
    (d) The compliance time of 4 years after promulgation of 40 CFR part 
63, subpart Y does not apply. The compliance time is specified in Sec. 
63.640(h)(3).

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]



Sec. 63.652  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec. 63.642(g) by 
using emissions averaging according to Sec. 63.642(l) rather than 
following the provisions of Sec. Sec. 63.643 through 63.647, and 
Sec. Sec. 63.650 and 63.651. Existing marine tank vessel loading 
operations unable to comply with the standard by using emissions 
averaging are those marine tank vessels subject to 40 CFR 63.562(e) of 
this part and the Valdez Marine Terminal source.
    (b) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all of the information required in Sec. 
63.653(d) for all points to be included in an emissions average. The 
Implementation Plan shall identify all emission points to be included in 
the emissions average. This must include any Group 1 emission points to 
which the reference control technology (defined in Sec. 63.641) is not 
applied and all other emission points being controlled as part of the 
average.
    (c) The following emission points can be used to generate emissions 
averaging credits if control was applied after November 15, 1990 and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point:
    (1) Group 2 emission points;
    (2) Group 1 storage vessels, Group 1 wastewater streams, Group 1 
gasoline loading racks, Group 1 marine tank vessels, and Group 1 
miscellaneous process vents that are controlled by a technology that the 
Administrator or permitting authority agrees has a

[[Page 56]]

higher nominal efficiency than the reference control technology. 
Information on the nominal efficiencies for such technologies must be 
submitted and approved as provided in paragraph (i) of this section; and
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percentages of reduction for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the reference control technology been applied to the emission 
point instead of the pollution prevention measure except as provided in 
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 emission point, the pollution prevention 
measure alone does not have to reduce emissions more than the reference 
control technology, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than the reference 
control technology would have had it been applied instead.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990 unless the level of control is increased after November 15, 1990, 
in which case credit will be allowed only for the increase in control 
after November 15, 1990;
    (2) Group 1 emission points that are controlled by a reference 
control technology unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned according to the procedures in paragraph (i) of this 
section. For example, it is not allowable to claim that an internal 
floating roof meeting only the specifications stated in the reference 
control technology definition in Sec. 63.641 (i.e., that meets the 
specifications of Sec. 63.119(b) of subpart G but does not have 
controlled fittings per Sec. 63.119 (b)(5) and (b)(6) of subpart G) 
applied to a storage vessel is achieving greater than 95 percent 
control;
    (3) Emission points on shutdown process units. Process units that 
are shut down cannot be used to generate credits or debits;
    (4) Wastewater that is not process wastewater or wastewater streams 
treated in biological treatment units. These two types of wastewater 
cannot be used to generate credits or debits. Group 1 wastewater streams 
cannot be left undercontrolled or uncontrolled to generate debits. For 
the purposes of this section, the terms ``wastewater'' and ``wastewater 
stream'' are used to mean process wastewater; and
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart, 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.
    (e) For all points included in an emissions average, the owner or 
operator shall:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology for those emission points. Equations in paragraph (g) 
of this section shall be used to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 or Group 2 
emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit calculation, 
whereas those described in paragraph (d) of this section shall not be 
included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h)

[[Page 57]]

of this section are greater than or equal to debits calculated for the 
same annual compliance period according to paragraph (g) of this 
section.
    (i) The initial demonstration in the Implementation Plan that 
credit-generating emission points will be capable of generating 
sufficient credits to offset the debits from the debit-generating 
emission points must be made under representative operating conditions.
    (ii) After the compliance date, actual operating data will be used 
for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 1.30 
times the credits for the same period calculated according to paragraph 
(h) of this section. Compliance for the quarter shall be determined 
based on the ratio of credits and debits from that quarter, with 30 
percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in the 
Periodic Reports as specified in Sec. 63.654(g)(8). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by Sec. 63.654(g)(8)(iii).
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions from the 
following:
    (1) More than 20 individual emission points. Where pollution 
prevention measures (as specified in paragraph (j)(1) of this section) 
are used to control emission points to be included in an emissions 
average, no more than 25 emission points may be included in the average. 
For example, if two emission points to be included in an emissions 
average are controlled by pollution prevention measures, the average may 
include up to 22 emission points.
    (2) Periods of startup, shutdown, and malfunction as described in 
the source's startup, shutdown, and malfunction plan required by Sec. 
63.6(e)(3) of subpart A of this part.
    (3) For emission points for which continuous monitors are used, 
periods of excess emissions as defined in Sec. 63.654(g)(6)(i). For 
these periods, the calculation of monthly credits and debits shall be 
adjusted as specified in paragraphs (f)(3)(i) through (f)(3)(iii) of 
this section.
    (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may use the procedures in paragraph (l) 
of this section to demonstrate to the Administrator that full or partial 
credits or debits should be assigned.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level less stringent than the reference control 
technology, and the emissions allowed for Group 1 emission point. Debits 
shall be calculated as follows:
    (1) The overall equation for calculating sourcewide debits is:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.002
    
where:

Debits and all terms of the equation are in units of megagrams per 
month, and
EPViACTUAL=Emissions from each Group 1 miscellaneous process 
vent i that is uncontrolled or is controlled to a level less stringent 
than the reference control technology. This is calculated according to 
paragraph (g)(2) of this section.
(0.02) EPViu=Emissions from each Group 1 miscellaneous 
process vent i if the reference control technology had been applied

[[Page 58]]

to the uncontrolled emissions, calculated according to paragraph (g)(2) 
of this section.
ESiACTUAL=Emissions from each Group 1 storage vessel i that 
is uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(3) of this section.
(0.05) ESiu=Emissions from each Group 1 storage vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (g)(3) of this section.
EGLRiACTUAL=Emissions from each Group 1 gasoline loading rack 
i that is uncontrolled or is controlled to a level less stringent than 
the reference control technology. This is calculated according to 
paragraph (g)(4) of this section.
EGLRic=Emissions from each Group 1 gasoline loading rack i if 
the reference control technology had been applied to the uncontrolled 
emissions. This is calculated according to paragraph (g)(4) of this 
section.
EMVACTUAL=Emissions from each Group 1 marine tank vessel i 
that is uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(5) of this section.
(0.03) EMViu=Emissions from each Group 1 marine tank vessel i 
if the reference control technology had been applied to the uncontrolled 
emissions calculated according to paragraph (g)(5) of this section.
n=The number of Group 1 emission points being included in the emissions 
average. The value of n is not necessarily the same for each kind of 
emission point.

    (2) Emissions from miscellaneous process vents shall be calculated 
as follows:
    (i) For purposes of determining miscellaneous process vent stream 
flow rate, organic HAP concentrations, and temperature, the sampling 
site shall be after the final product recovery device, if any recovery 
devices are present; before any control device (for miscellaneous 
process vents, recovery devices shall not be considered control 
devices); and before discharge to the atmosphere. Method 1 or 1A of part 
60, appendix A shall be used for selection of the sampling site.
    (ii) The following equation shall be used for each miscellaneous 
process vent i to calculate EPViu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.003

where:

EPViu=Uncontrolled process vent emission rate from 
miscellaneous process vent i, megagrams per month.
Q=Vent stream flow rate, dry standard cubic meters per minute, measured 
using Methods 2, 2A, 2C, or 2D of part 60 appendix A, as appropriate.
h=Monthly hours of operation during which positive flow is present in 
the vent, hours per month.
Cj=Concentration, parts per million by volume, dry basis, of 
organic HAP j as measured by Method 18 of part 60 appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP's in the miscellaneous process vent stream.

    (A) The values of Q, Cj, and Mj shall be 
determined during a performance test conducted under representative 
operating conditions. The values of Q, Cj, and Mj 
shall be established in the Notification of Compliance Status report and 
must be updated as provided in paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q, Cj, and Mj are no 
longer representative, a new performance test shall be conducted to 
determine new representative values of Q, Cj, and 
Mj. These new values shall be used to calculate debits and 
credits from the time of the change forward, and the new values shall be 
reported in the next Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where 
EPViu is calculated according to the procedures in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,

[[Page 59]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.004

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 of subpart G if a combustion control device 
is used. For a flare meeting the criteria in Sec. 63.116(a) of subpart 
G, or a boiler or process heater meeting the criteria in Sec. 63.645(d) 
of this subpart or Sec. 63.116(b) of subpart G, the percentage of 
reduction shall be 98 percent. If a noncombustion control device is 
used, percentage of reduction shall be demonstrated by a performance 
test at the inlet and outlet of the device, or, if testing is not 
feasible, by a control design evaluation and documented engineering 
calculations.
    (2) For determining debits from miscellaneous process vents, product 
recovery devices shall not be considered control devices and cannot be 
assigned a percentage of reduction in calculating EPViACTUAL. 
The sampling site for measurement of uncontrolled emissions is after the 
final product recovery device.
    (3) Procedures for calculating the percentage of reduction of 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (3) Emissions from storage vessels shall be calculated as specified 
in Sec. 63.150(g)(3) of subpart G.
    (4) Emissions from gasoline loading racks shall be calculated as 
follows:
    (i) The following equation shall be used for each gasoline loading 
rack i to calculate EGLRiu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.005

where:

EGLRiu=Uncontrolled transfer HAP emission rate from gasoline 
loading rack i, megagrams per month
S=Saturation factor, dimensionless (see table 33 of subpart G).
P=Weighted average rack partial pressure of organic HAP's transferred at 
the rack during the month, kilopascals.
M=Weighted average molecular weight of organic HAP's transferred at the 
gasoline loading rack during the month, gram per gram-mole.
G=Monthly volume of gasoline transferred from gasoline loading rack, 
liters per month.
T=Weighted rack bulk liquid loading temperature during the month, 
degrees kelvin (degrees Celsius [deg]C + 273).

    (ii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack partial pressure:
[GRAPHIC] [TIFF OMITTED] TR18AU95.006

where:

Pj=Maximum true vapor pressure of individual organic HAP 
transferred at the rack, kilopascals.
G=Monthly volume of organic HAP transferred, liters per month, and

[GRAPHIC] [TIFF OMITTED] TR18AU95.007

Gj=Monthly volume of individual organic HAP transferred at 
the gasoline loading rack, liters per month.
n=Number of organic HAP's transferred at the gasoline loading rack.

    (iii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack molecular weight:
[GRAPHIC] [TIFF OMITTED] TR18AU95.008

where:

Mj=Molecular weight of individual organic HAP transferred at 
the rack, gram per gram-mole.
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
section.

    (iv) The following equation shall be used for each gasoline loading 
rack i to calculate the monthly weighted rack bulk liquid loading 
temperature:

[[Page 60]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.009

Tj=Average annual bulk temperature of individual organic HAP 
loaded at the gasoline loading rack, kelvin (degrees Celsius 
[deg]C+273).
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
section.

    (v) The following equation shall be used to calculate 
EGLRic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.010

G is as defined in paragraph (g)(4)(ii) of this section.

    (vi) The following procedures and equations shall be used to 
calculate EGLRiACTUAL:
    (A) If the gasoline loading rack is not controlled, 
EGLRiACTUAL=EGLRiu, where EGLRiu is 
calculated using the equations specified in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section.
    (B) If the gasoline loading rack is controlled using a control 
device or a pollution prevention measure not achieving the requirement 
of less than 10 milligrams of TOC per liter of gasoline loaded,
[GRAPHIC] [TIFF OMITTED] TR18AU95.011

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec. 
63.128(a) of subpart G. If testing is not feasible, the percentage of 
reduction shall be determined through a design evaluation according to 
the procedures specified in Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (5) Emissions from marine tank vessel loading shall be calculated as 
follows:
    (i) The following equation shall be used for each marine tank vessel 
i to calculate EMViu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.012

where:

EMViu=Uncontrolled marine tank vessel HAP emission rate from 
marine tank vessel i, megagrams per month.
Qi=Quantity of commodity loaded (per vessel type), liters.
Fi=Emission factor, megagrams per liter.
Pi=Percent HAP.
m=Number of combinations of commodities and vessel types loaded.

    Emission factors shall be based on test data or emission estimation 
procedures specified in Sec. 63.565(l) of subpart Y.
    (ii) The following procedures and equations shall be used to 
calculate EMViACTUAL:
    (A) If the marine tank vessel is not controlled, 
EMViACTUAL=EMViu, where EMViu is 
calculated using the equations specified in paragraph (g)(5)(i) of this 
section.
    (B) If the marine tank vessel is controlled using a control device 
or a pollution prevention measure achieving less than 97-percent 
reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.013

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec. 
63.565(c) of subpart Y. If

[[Page 61]]

testing is not feasible, the percentage of reduction shall be determined 
through a design evaluation according to the procedures specified in 
Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating sourcewide credits is:
    [GRAPHIC] [TIFF OMITTED] TR12JN96.000
    
where:

Credits and all terms of the equation are in units of megagrams per 
month, the baseline date is November 15, 1990, and
D=Discount factor=0.9 for all credit-generating emission points except 
those controlled by a pollution prevention measure, which will not be 
discounted.
EPV1iACTUAL=Emissions for each Group 1 miscellaneous process 
vent i that is controlled to a level more stringent than the reference 
control technology, calculated according to paragraph (h)(2) of this 
section.
(0.02) EPV1iu=Emissions from each Group 1 miscellaneous 
process vent i if the reference control technology had been applied to 
the uncontrolled emissions. EPV1iu is calculated according to 
paragraph (h)(2) of this section.
EPV2iBASE=Emissions from each Group 2 miscellaneous process 
vent; at the baseline date, as calculated in paragraph (h)(2) of this 
section.
EPV2iACTUAL=Emissions from each Group 2 miscellaneous process 
vent that is controlled, calculated according to paragraph (h)(2) of 
this section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that 
is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(3) of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions. ES1iu is calculated according to paragraph (h)(3) 
of this section.
ES2iACTUAL=Emissions from each Group 2 storage vessel i that 
is controlled, calculated according to paragraph (h)(3) of this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the 
baseline date, as calculated in paragraph (h)(3) of this section.
EGLR1iACTUAL=Emissions from each Group 1 gasoline loading 
rack i that is controlled to a level more stringent than the reference 
control technology, calculated according to paragraph (h)(4) of this 
section.
EGLRic=Emissions from each Group 1 gasoline loading rack i if 
the reference control technology had been applied to the uncontrolled 
emissions. EGLRiu is calculated according to paragraph (h)(4) 
of this section.

[[Page 62]]

EGRL2iACTUAL=Emissions from each Group 2 gasoline loading 
rack i that is controlled, calculated according to paragraph (h)(4) of 
this section.
EGLR2iBASE=Emissions from each Group 2 gasoline loading rack 
i at the baseline date, as calculated in paragraph (h)(4) of this 
section.
EMV1iACTUAL=Emissions from each Group 1 marine tank vessel i 
that is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(4) of this section.
(0.03)EMV1iu=Emissions from each Group 1 marine tank vessel i 
if the reference control technology had been applied to the uncontrolled 
emissions. EMV1iu is calculated according to paragraph (h)(5) 
of this section.
EMV2iACTUAL=Emissions from each Group 2 marine tank vessel i 
that is controlled, calculated according to paragraph (h)(5) of this 
section.
EMV2iBASE=Emissions from each Group 2 marine tank vessel i at 
the baseline date, as calculated in paragraph (h)(5) of this section.
EWW1iACTUAL=Emissions from each Group 1 wastewater stream i 
that is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(6) of this section.
EWW1ic=Emissions from each Group 1 wastewater stream i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (h)(6) of this section.
EWW2iACTUAL=Emissions from each Group 2 wastewater stream i 
that is controlled, calculated according to paragraph (h)(6) of this 
section.
EWW2iBASE=Emissions from each Group 2 wastewater stream i at 
the baseline date, calculated according to paragraph (h)(6) of this 
section.
n=Number of Group 1 emission points included in the emissions average. 
The value of n is not necessarily the same for each kind of emission 
point.
m=Number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for each kind of emission 
point.

    (i) For an emission point controlled using a reference control 
technology, the percentage of reduction for calculating credits shall be 
no greater than the nominal efficiency associated with the reference 
control technology, unless a higher nominal efficiency is assigned as 
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from miscellaneous process vents, 
EPV1iu, shall be calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (ii) Actual emissions from miscellaneous process vents controlled 
using a technology with an approved nominal efficiency greater than 98 
percent or a pollution prevention measure achieving greater than 98 
percent emission reduction, EPV1iACTUAL, shall be calculated 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.015

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 process vents, EPV2iACTUAL:
    (A) For a Group 2 process vent controlled by a control device, a 
recovery device applied as a pollution prevention project, or a 
pollution prevention measure, if the control achieves a percentage of 
reduction less than or equal to a 98 percent reduction,

[[Page 63]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.016

    (1) EPV2iu shall be calculated according to the equations 
and procedures for EPViu in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section except as provided in paragraph 
(h)(2)(iii)(A)(3) of this section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution prevention 
project, EPV2iu shall be calculated prior to that recovery 
device. The equation for EPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate EPV2iu; however, the 
sampling site for measurement of vent stream flow rate and organic HAP 
concentration shall be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution prevention 
project, the percentage of reduction shall be demonstrated by conducting 
a performance test at the inlet and outlet of that recovery device.
    (B) For a Group 2 process vent controlled using a technology with an 
approved nominal efficiency greater than a 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.017

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE=EPV2iu, and shall be calculated 
according to the procedures and equation for EPViu in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR18AU95.018
    
where EPV2iu is calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section. The percentage of reduction shall be calculated according 
to the procedures specified in paragraphs (g)(2)(iii)(B)(1) through 
(g)(2)(iii)(B)(3) of this section.

    (C) If a recovery device was added to a process vent as part of a 
pollution prevention project initiated after November 15, 1990, 
EPV2iBASE=EPV2iu, where EPV2iu is 
calculated according to paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as specified 
in Sec. 63.150(h)(3) of subpart G, except as follows:
    (i) All references to Sec. 63.119(b) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119 (b) or Sec. 63.119(b) 
except for Sec. 63.119(b)(5) and (b)(6).
    (ii) All references to Sec. 63.119(c) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119(c) or Sec. 63.119(c) 
except for Sec. 63.119(c)(2).

[[Page 64]]

    (iii) All references to Sec. 63.119(d) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119(d) or Sec. 63.119(d) 
except for Sec. 63.119(d)(2).
    (4) Emissions from gasoline loading racks shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 gasoline loading racks, 
EGLR1iu, shall be calculated according to the procedures and 
equations for EGLRiu as described in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (ii) Emissions from Group 1 gasoline loading racks if the reference 
control technology had been applied, EGLRic, shall be 
calculated according to the procedures and equations in paragraph 
(g)(4)(v) of this section.
    (iii) Actual emissions from Group 1 gasoline loading racks 
controlled to less than 10 milligrams of TOC per liter of gasoline 
loaded; EGLRiACTUAL, shall be calculated according to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.019

    (iv) The following procedures shall be used to calculate actual 
emissions from Group 2 gasoline loading racks, EGLR2iACTUAL:
    (A) For a Group 2 gasoline loading rack controlled by a control 
device or a pollution prevention measure achieving emissions reduction 
but where emissions are greater than the 10 milligrams of TOC per liter 
of gasoline loaded requirement,
[GRAPHIC] [TIFF OMITTED] TR18AU95.020

    (1) EGLR2iu shall be calculated according to the 
equations and procedures for EGLRiu in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of this 
section.
    (B) For a Group 2 gasoline loading rack controlled by using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than a 98-percent 
reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.021

    (v) Emissions from Group 2 gasoline loading racks at baseline, 
EGLR2iBASE, shall be calculated as follows:
    (A) If the gasoline loading rack was uncontrolled on November 15, 
1990, EGLR2iBASE=EGLR2iu, and shall be calculated 
according to the procedures and equations for EGLRiu in 
paragraphs (g)(4)(i) through (g)(4)(iv) of this section.
    (B) If the gasoline loading rack was controlled on November 15, 
1990,

[[Page 65]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.022

where EGLR2iu is calculated according to the procedures and 
equations for EGLRiu in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section. Percentage of reduction shall be calculated 
according to the procedures in paragraphs (g)(4)(vi)(B)(1) and 
(g)(4)(vi)(B)(2) of this section.

    (5) Emissions from marine tank vessels shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 marine tank vessels, 
EMV1iu, shall be calculated according to the procedures and 
equations for EMViu as described in paragraph (g)(5)(i) of 
this section.
    (ii) Actual emissions from Group 1 marine tank vessels controlled 
using a technology or pollution prevention measure with an approved 
nominal efficiency greater than 97 percent, EMViACTUAL, shall 
be calculated according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.023

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 marine tank vessels, EMV2iACTUAL:
    (A) For a Group 2 marine tank vessel controlled by a control device 
or a pollution prevention measure achieving a percentage of reduction 
less than or equal to 97 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.024

    (1) EMV2iu shall be calculated according to the equations 
and procedures for EMViu in paragraph (g)(5)(i) of this 
section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this 
section.
    (B) For a Group 2 marine tank vessel controlled using a technology 
or a pollution prevention measure with an approved nominal efficiency 
greater than 97 percent,
[GRAPHIC] [TIFF OMITTED] TR18AU95.025

    (iv) Emissions from Group 2 marine tank vessels at baseline, 
EMV2iBASE, shall be calculated as follows:
    (A) If the marine terminal was uncontrolled on November 15, 1990, 
EMV2iBASE equals EMV2iu, and shall be calculated 
according to the procedures and equations for EMViu in 
paragraph (g)(5)(i) of this section.
    (B) If the marine tank vessel was controlled on November 15, 1990,

[[Page 66]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.026

where EMV2iu is calculated according to the procedures and 
equations for EMViu in paragraph (g)(5)(i) of this section. 
Percentage of reduction shall be calculated according to the procedures 
in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this section.

    (6) Emissions from wastewater shall be determined as follows:
    (i) For purposes of paragraphs (h)(4)(ii) through (h)(4)(vi) of this 
section, the following terms will have the meaning given them in 
paragraphs (h)(6)(i)(A) through (h)(6)(i)(C) of this section.
    (A) Correctly suppressed means that a wastewater stream is being 
managed according to the requirements of Sec. Sec. 61.343 through 
61.347 or Sec. 61.342(c)(l)(iii) of 40 CFR part 61, subpart FF, as 
applicable, and the emissions from the waste management units subject to 
those requirements are routed to a control device that reduces HAP 
emissions by 95 percent or greater.
    (B) Treatment process has the meaning given in Sec. 61.341 of 40 
CFR part 61, subpart FF except that it does not include biological 
treatment units.
    (C) Vapor control device means the control device that receives 
emissions vented from a treatment process or treatment processes.
    (ii) The following equation shall be used for each wastewater stream 
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.027

where:

EWWic = Monthly wastewater stream emission rate if wastewater 
stream i were controlled by the reference control technology, megagrams 
per month.
Qi = Average flow rate for wastewater stream i, liters per 
minute.
Hi = Number of hours during the month that wastewater stream 
i was generated, hours per month.
Frm=Fraction removed of organic HAP m in wastewater, from 
table 7 of this subpart, dimensionless.
Fem=Fraction emitted of organic HAP m in wastewater from 
table 7 of this subpart, dimensionless.
s=Total number of organic HAP's in wastewater stream i.
HAPim=Average concentration of organic HAP m in wastewater 
stream i, parts per million by weight.

    (A) HAPim shall be determined for the point of generation 
or at a location downstream of the point of generation. Wastewater 
samples shall be collected using the sampling procedures specified in 
Method 25D of 40 CFR part 60, appendix A. Where feasible, samples shall 
be taken from an enclosed pipe prior to the wastewater being exposed to 
the atmosphere. When sampling from an enclosed pipe is not feasible, a 
minimum of three representative samples shall be collected in a manner 
to minimize exposure of the sample to the atmosphere and loss of organic 
HAP's prior to sampling. The samples collected may be analyzed by either 
of the following procedures:
    (1) A test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated pursuant to section 5.1 or 5.3 of Method 301 of appendix A of 
this part may be used; or
    (2) Method 305 of appendix A of this part may be used to determine 
Cim, the average volatile organic HAP concentration of 
organic HAP m in wastewater stream i, and then HAPim may be 
calculated using the following equation: 
HAPim=Cim/Fmm, where Fmm for 
organic HAP m is obtained from table 7 of this subpart.
    (B) Values for Qi, HAPim, and Cim 
shall be determined during a performance test conducted under 
representative conditions. The average value obtained

[[Page 67]]

from three test runs shall be used. The values of Qi, 
HAPim, and Cim shall be established in the 
Notification of Compliance Status report and must be updated as provided 
in paragraph (h)(6)(i)(C) of this section.
    (C) If there is a change to the process or operation such that the 
previously measured values of Qi, HAPim, and 
Cim are no longer representative, a new performance test 
shall be conducted to determine new representative values of 
Qi, HAPim, and Cim. These new values 
shall be used to calculate debits and credits from the time of the 
change forward, and the new values shall be reported in the next 
Periodic Report.
    (iii) The following equations shall be used to calculate 
EWW1iACTUAL for each Group 1 wastewater stream i that is 
correctly suppressed and is treated to a level more stringent than the 
reference control technology.
    (A) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, and the vapor 
control device achieves a percentage of reduction equal to 95 percent, 
the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.028

Where:

EWWiACTUAL=Monthly wastewater stream emission rate if 
wastewater stream i is treated to a level more stringent than the 
reference control technology, megagrams per month.
PRim=The efficiency of the treatment process, or series of 
treatment processes, that treat wastewater stream i in reducing the 
emission potential of organic HAP m in wastewater, dimensionless, as 
calculated by:
[GRAPHIC] [TIFF OMITTED] TR18AU95.029

Where:

HAPim-in=Average concentration of organic HAP m, parts per 
million by weight, as defined and determined according to paragraph 
(h)(6)(ii)(A) of this section, in the wastewater entering the first 
treatment process in the series.
HAPim-out=Average concentration of organic HAP m, parts per 
million by weight, as defined and determined according to paragraph 
(h)(6)(ii)(A) of this section, in the wastewater exiting the last 
treatment process in the series.


All other terms are as defined and determined in paragraph (h)(6)(ii) of 
this section.
    (B) If the Group 1 wastewater stream i is not controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, but the vapor 
control device has an approved nominal efficiency greater than 95 
percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.030

Where:

Nominal efficiency=Approved reduction efficiency of the vapor control 
device, dimensionless, as determined according to the procedures in 
Sec. 63.652(i).
Am=The efficiency of the treatment process, or series of 
treatment processes, that treat wastewater stream i in reducing the 
emission potential of organic HAP m in wastewater, dimensionless.


All other terms are as defined and determined in paragraphs (h)(6)(ii) 
and (h)(6)(iii)(A) of this section.

[[Page 68]]

    (1) If a steam stripper meeting the specifications in the definition 
of reference control technology for wastewater is used, Am 
shall be equal to the value of Frm given in table 7 of this 
subpart.
    (2) If an alternative control device is used, the percentage of 
reduction must be determined using the equation and methods specified in 
paragraph (h)(6)(iii)(A) of this section for determining 
PRim. If the value of PRim is greater than or 
equal to the value of Frm given in table 7 of this subpart, 
then Am equals Frm unless a higher nominal 
efficiency has been approved. If a higher nominal efficiency has been 
approved for the treatment process, the owner or operator shall 
determine EWW1iACTUAL according to paragraph (h)(6)(iii)(B) 
of this section rather than paragraph (h)(6)(iii)(A) of this section. If 
PRim is less than the value of FRm given in table 
7 of this subpart, emissions averaging shall not be used for this 
emission point.
    (C) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated hazardous air 
pollutant that is greater than that specified in table 7 of this 
subpart, and the vapor control device has an approved nominal efficiency 
greater than 95 percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.031

where all terms are as defined and determined in paragraphs (h)(6)(ii) 
and (h)(6)(iii)(A) of this section.

    (iv) The following equation shall be used to calculate 
EWW2iBASE for each Group 2 wastewater stream i that on 
November 15, 1990 was not correctly suppressed or was correctly 
suppressed but not treated:
[GRAPHIC] [TIFF OMITTED] TR18AU95.032

Where:

EWW2iBASE=Monthly wastewater stream emission rate if 
wastewater stream i is not correctly suppressed, megagrams per month.
Qi, Hi, s, Fem, and HAPim 
are as defined and determined according to paragraphs (h)(6)(ii) and 
(h)(6)(iii)(A) of this section.

    (v) The following equation shall be used to calculate 
EWW2iBASE for each Group 2 wastewater stream i on November 
15, 1990 was correctly suppressed. EWW2iBASE shall be 
calculated as if the control methods being used on November 15, 1990 are 
in place and any control methods applied after November 15, 1990 are 
ignored. However, values for the parameters in the equation shall be 
representative of present production levels and stream properties.
[GRAPHIC] [TIFF OMITTED] TR18AU95.033

where Ri is calculated according to paragraph (h)(6)(vii) of 
this section and all other terms are as defined and determined according 
to paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of this section.


[[Page 69]]


    (vi) For Group 2 wastewater streams that are correctly suppressed, 
EWW2iACTUAL shall be calculated according to the equation for 
EWW2iBASE in paragraph (h)(6)(v) of this section. 
EWW2iACTUAL shall be calculated with all control methods in 
place accounted for.
    (vii) The reduction efficiency, Ri, of the vapor control 
device shall be demonstrated according to the following procedures:
    (A) Sampling sites shall be selected using Method 1 or 1A of 40 CFR 
part 60, appendix A, as appropriate.
    (B) The mass flow rate of organic compounds entering and exiting the 
control device shall be determined as follows:
    (1) The time period for the test shall not be less than 3 hours 
during which at least three runs are conducted.
    (2) A run shall consist of a 1-hour period during the test. For each 
run:
    (i) The volume exhausted shall be determined using Methods 2, 2A, 
2C, or 2D of 40 CFR part 60 appendix A, as appropriate;
    (ii) The organic concentration in the vent stream entering and 
exiting the control device 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.
    (3) The mass flow rate of organic compounds entering and exiting the 
control device during each run shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18AU95.034

Where:

Ea=Mass flow rate of organic compounds exiting the control 
device, kilograms per hour.
Eb=Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Vap=Average volumetric flow rate of vent stream exiting the 
control device during run p at standards conditions, cubic meters per 
hour.
Vbp = Average volumetric flow rate of vent stream entering 
the control device during run p at standards conditions, cubic meters 
per hour.
p = Run.
m = Number of runs.
Caip = Concentration of organic compound i measured in the 
vent stream exiting the control device during run p as determined by 
Method 18 of 40 CFR part 60 appendix A, parts per million by volume on a 
dry basis.
Cbip = Concentration of organic compound i measured in the 
vent stream entering the control device during run p as determined by 
Method 18 of 40 CFR part 60, appendix A, parts per million by volume on 
a dry basis.
MWi = Molecular weight of organic compound i in the vent 
stream, kilograms per kilogram-mole.
n = Number of organic compounds in the vent stream.
0.0416 = Conversion factor for molar volume, kilograms-mole per cubic 
meter at 293 kelvin and 760 millimeters mercury absolute.

    (C) The organic reduction efficiency for the control device shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18AU95.035

Where:

R = Total organic reduction efficiency for the control device, 
percentage.
Eb = Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Ea = Mass flow rate of organic compounds exiting the control 
device, kilograms per hour.

    (i) The following procedures shall be followed to establish nominal 
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this 
section shall be followed for control technologies that are different in 
use or design from the reference control technologies and achieve 
greater percentages of reduction than the percentages of efficiency 
assigned to the reference control technologies in Sec. 63.641.
    (1) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology, and the different 
control technology will be used in more than three applications at

[[Page 70]]

a single plant site, the owner or operator shall submit the information 
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to 
the Administrator in writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance;
    (ii) Description of the control technology including design 
specifications;
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA method 
or any other method validated according to Method 301 of appendix A of 
this part. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented; and
    (iv) A description of the parameter or parameters to be monitored to 
ensure that the control technology will be operated in conformance with 
its design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall have 
a nominal efficiency and the level of that nominal efficiency. If, in 
the Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
    (4) The Administrator may grant conditional permission to take 
emission credits for use of the control technology on requirements that 
may be necessary to ensure operation and maintenance to achieve the 
specified nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology and the different 
control technology will be used in no more than three applications at a 
single plant site, the information listed in paragraphs (i)(1)(i) 
through (i)(1)(iv) of this section can be submitted to the permitting 
authority for the source for approval instead of the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology can be approved by the permitting authority. The permitting 
authority shall follow the procedures specified in paragraphs (i)(2) 
through (i)(4) of this section except that, in these instances, a 
Federal Register notice is not required to establish the nominal 
efficiency for the different technology.
    (ii) If, in reviewing the submittal, the permitting authority 
believes the control technology has broad applicability for use by other 
sources, the permitting authority shall submit the information provided 
in the application to the Director of the EPA Office of Air Quality 
Planning and Standards. The Administrator shall review the technology 
for broad applicability and may publish a Federal Register notice; 
however, this review shall not affect the permitting authority's 
approval of the nominal efficiency of the control technology for the 
specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines the 
control technology is not different in use or design from the reference 
control technology, the Administrator or permitting authority shall deny 
the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percentage of reduction) of pollution prevention measures:
    (1) A pollution prevention measure is any practice that meets the 
criteria of

[[Page 71]]

paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a 
lesser quantity of organic HAP emissions per unit of product released to 
the atmosphere prior to out-of-process recycling, treatment, or control 
of emissions while the same product is produced.
    (ii) Pollution prevention measures may include: Substitution of 
feedstocks that reduce HAP emissions, alterations to the production 
process to reduce the volume of materials released to the environment, 
equipment modifications; housekeeping measures, and in-process recycling 
that returns waste materials directly to production as raw materials. 
Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990 can be used in calculating 
the actual emissions from an emission point in the debit and credit 
equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percentage of reduction 
used in the equations in paragraphs (g)(2) and (g)(3) of this section 
and paragraphs (h)(2) through (h)(4) of this section is the difference 
in percentage between the monthly organic HAP emissions for each 
emission point after the pollution prevention measure for the most 
recent month versus monthly emissions from the same emission point 
before the pollution prevention measure, adjusted by the volume of 
product produced during the two monthly periods.
    (ii) The following equation shall be used to calculate the 
percentage of reduction of a pollution prevention measure for each 
emission point.
[GRAPHIC] [TIFF OMITTED] TR18AU95.036

Where:

Percent reduction=Efficiency of pollution prevention measure (percentage 
of organic HAP reduction).
EB=Monthly emissions before the pollution prevention measure, 
megagrams per month, determined as specified in paragraphs 
(j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of this section.
Epp=Monthly emissions after the pollution prevention measure, 
megagrams per month, as determined for the most recent month, determined 
as specified in paragraphs (j)(2)(ii)(D) or (j)(2)(ii)(E) of this 
section.
PB=Monthly production before the pollution prevention 
measure, megagrams per month, during the same period over which 
EB is calculated.
Ppp=Monthly production after the pollution prevention 
measure, megagrams per month, as determined for the most recent month.

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the 
equations and procedures in paragraphs (g)(2), (g)(3), (g)(4), and 
(g)(5) of this section for miscellaneous process vents, storage vessels, 
gasoline loading racks, and marine tank vessels.
    (B) For wastewater, EB shall be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.037
    
where:

n=Number of wastewater streams.

[[Page 72]]

QBi=Average flow rate for wastewater stream i before the 
pollution prevention measure, liters per minute.
HBi=Number of hours per month that wastewater stream i was 
discharged before the pollution prevention measure, hours per month.
s=Total number of organic HAP's in wastewater stream i.
Fem=Fraction emitted of organic HAP m in wastewater from 
table 7 of this subpart, dimensionless.
HAPBim=Average concentration of organic HAP m in wastewater 
stream i, defined and determined according to paragraph (h)(6)(ii)(A)(2) 
of this section, before the pollution prevention measure, parts per 
million by weight, as measured before the implementation of the 
pollution measure.

    (C) If the pollution prevention measure was implemented prior to 
July 14, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a 
design evaluation and documented engineering calculations. Once an 
emissions-to-production ratio has been established, the ratio can be 
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.038

where n, Q, H, s, Fem, and HAP are defined and determined as 
described in paragraph (j)(2)(ii)(B) of this section except that 
Qppi, Hppi, and HAPppim shall be 
determined after the pollution prevention measure has been implemented.

    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percentage of reduction 
achieved by a pollution prevention measure for each emission point shall 
be fully documented.
    (iv) The same pollution prevention measure may reduce emissions from 
multiple emission points. In such cases, the percentage of reduction in 
emissions for each emission point must be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(6) of this section used to calculate credits for emission points 
controlled more stringently than the reference control technology, the 
nominal efficiency of a pollution prevention measure is equivalent to 
the percentage of reduction of the pollution prevention measure. When a 
pollution prevention measure is used, the owner or operator of a source 
is not required to apply to the Administrator for a nominal efficiency 
and is not subject to paragraph (i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from 
the emission points proposed to be included in the average will not 
result in greater hazard or, at the option of the State or local 
permitting authority, greater risk to human health or the environment 
than if the emission points were controlled according to the provisions 
in Sec. Sec. 63.643 through 63.647, and Sec. Sec. 63.650 and 63.651.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the State or local permitting authority.
    (i) The State or local permitting authority may require owners and 
operators to use specific methodologies and procedures for making a 
hazard or risk determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
may be made according to any guidance that the EPA makes available for 
use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their Implementation Plan.
    (3) An emissions averaging plan that does not demonstrate an 
equivalent or lower hazard or risk to the satisfaction of the State or 
local permitting authority shall not be approved. The

[[Page 73]]

State or local permitting authority 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. 63.643 through 63.647, and Sec. Sec. 63.650 and 
63.651.
    (4) A hazard or risk equivalency demonstration shall:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the State or local permitting 
authority for such demonstrations.
    (l) For periods of excess emissions, an owner or operator may 
request that the provisions of paragraphs (l)(1) through (l)(4) of this 
section be followed instead of the procedures in paragraphs (f)(3)(i) 
and (f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of excess 
emissions in the Periodic Reports as required in Sec. 63.654(g)(6).
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to establish 
that the control device for the emission point was operating in such a 
fashion to warrant assigning full or partial credits and debits. This 
demonstration shall be made to the Administrator's satisfaction, and the 
Administrator may establish procedures for demonstrating compliance that 
are acceptable.
    (3) The owner or operator shall provide documentation of the period 
of excess emissions and the other type of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning full 
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.

[60 FR 43260, Aug. 18, 1995; 60 FR 49976, Sept. 27, 1995; 61 FR 7051, 
Feb. 23, 1996, as amended at 61 FR 29881, June 12, 1996; 61 FR 33799, 
June 28, 1996]



Sec. 63.653  Monitoring, recordkeeping, and implementation plan for emissions 

averaging.

    (a) For each emission point included in an emissions average, the 
owner or operator shall perform testing, monitoring, recordkeeping, and 
reporting equivalent to that required for Group 1 emission points 
complying with Sec. Sec. 63.643 through 63.647, and Sec. Sec. 63.650 
and 63.651. The specific requirements for miscellaneous process vents, 
storage vessels, wastewater, gasoline loading racks, and marine tank 
vessels are identified in paragraphs (a)(1) through (a)(7) of this 
section.
    (1) The source shall implement the following testing, monitoring, 
recordkeeping, and reporting procedures for each miscellaneous process 
vent equipped with a flare, incinerator, boiler, or process heater:
    (i) Conduct initial performance tests to determine the percentage of 
reduction as specified in Sec. 63.645 of this subpart and Sec. 63.116 
of subpart G; and
    (ii) Monitor the operating parameters specified in Sec. 63.644, as 
appropriate for the specific control device.
    (2) The source shall implement the following procedures for each 
miscellaneous process vent, equipped with a carbon adsorber, absorber, 
or condenser but not equipped with a control device:
    (i) Determine the flow rate and organic HAP concentration using the 
methods specified in Sec. 63.115 (a)(1) and (a)(2), Sec. 63.115 (b)(1) 
and (b)(2), and Sec. 63.115(c)(3) of subpart G; and
    (ii) Monitor the operating parameters specified in Sec. 63.114 of 
subpart G, as appropriate for the specific recovery device.
    (3) The source shall implement the following procedures for each 
storage vessel controlled with an internal floating roof, external roof, 
or a closed vent system with a control device, as appropriate to the 
control technique:
    (i) Perform the monitoring or inspection procedures in Sec. 63.646 
of this subpart and Sec. 63.120 of subpart G; and
    (ii) For closed vent systems with control devices, conduct an 
initial design evaluation as specified in Sec. 63.646 of this subpart 
and Sec. 63.120(d) of subpart G.
    (4) For each gasoline loading rack that is controlled, perform the 
testing and monitoring procedures specified in

[[Page 74]]

Sec. Sec. 63.425 and 63.427 of subpart R of this part except Sec. 
63.425(d) or Sec. 63.427(c).
    (5) For each marine tank vessel that is controlled, perform the 
compliance, monitoring, and performance testing, procedures specified in 
Sec. Sec. 63.563, 63.564, and 63.565 of subpart Y of this part.
    (6) The source shall implement the following procedures for 
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec. 61.355 of subpart FF of part 60;
    (ii) Conduct inspections and monitoring as specified in Sec. Sec. 
61.343 through 61.349 and Sec. 61.354 of 40 CFR part 61, subpart FF.
    (7) If an emission point in an emissions average is controlled using 
a pollution prevention measure or a device or technique for which no 
monitoring parameters or inspection procedures are specified in 
Sec. Sec. 63.643 through 63.647 and Sec. Sec. 63.650 and 63.651, the 
owner or operator shall establish a site-specific monitoring parameter 
and shall submit the information specified in Sec. 63.654(h)(4) in the 
Implementation Plan.
    (b) Records of all information required to calculate emission debits 
and credits and records required by Sec. 63.654 shall be retained for 5 
years.
    (c) Notifications of Compliance Status report, Periodic Reports, and 
other reports shall be submitted as required by Sec. 63.654.
    (d) Each owner or operator of an existing source who elects to 
comply with Sec. 63.654 (g) and (h) by using emissions averaging for 
any emission points shall submit an Implementation Plan.
    (1) The Implementation Plan shall be submitted to the Administrator 
and approved prior to implementing emissions averaging. This information 
may be submitted in an operating permit application, in an amendment to 
an operating permit application, in a separate submittal, in a 
Notification of Compliance Status Report, in a Periodic Report or in any 
combination of these documents. If an owner or operator submits the 
information specified in paragraph (d)(2) of this section at different 
times, and/or in different submittals, later submittals may refer to 
earlier submittals instead of duplicating the previously submitted 
information.
    (2) The Implementation Plan shall include the information specified 
in paragraphs (d)(2)(i) through (d)(2)(ix) of this section for all 
points included in the average.
    (i) The identification of all emission points in the planned 
emissions average and notation of whether each emission point is a Group 
1 or Group 2 emission point as defined in Sec. 63.641.
    (ii) The projected annual emission debits and credits for each 
emission point and the sum for the emission points involved in the 
average calculated according to Sec. 63.652. The annual projected 
credits must be greater than the projected debits, as required under 
Sec. 63.652(e)(3).
    (iii) The specific control technology or pollution prevention 
measure that will be used for each emission point included in the 
average and date of application or expected date of application.
    (iv) The specific identification of each emission point affected by 
a pollution prevention measure. To be considered a pollution prevention 
measure, the criteria in Sec. 63.652(j)(1) must be met. If the same 
pollution prevention measure reduces or eliminates emissions from 
multiple emission points in the average, the owner or operator must 
identify each of these emission points.
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in paragraphs (a), 
(b), and (c) of this section that are applicable to each emission point 
in the emissions average will be implemented beginning on the date of 
compliance.
    (vi) Documentation of the information listed in paragraphs 
(d)(2)(vi)(A) through (d)(2)(vi)(D) of this section for each emission 
point included in the average.
    (A) The values of the parameters used to determine whether each 
emission point in the emissions average is Group 1 or Group 2.
    (B) The estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec. 63.652 (g) and (h). 
These parameter values or, as appropriate, limited ranges for the 
parameter values, shall

[[Page 75]]

be specified in the source's Implementation Plan as enforceable 
operating conditions. Changes to these parameters must be reported in 
the next Periodic Report.
    (C) The estimated percentage of reduction if a control technology 
achieving a lower percentage of reduction than the efficiency of the 
reference control technology, as defined in Sec. 63.641, is or will be 
applied to the emission point.
    (D) The anticipated nominal efficiency if a control technology 
achieving a greater percentage emission reduction than the efficiency of 
the reference control technology is or will be applied to the emission 
point. The procedures in Sec. 63.652(i) shall be followed to apply for 
a nominal efficiency.
    (vii) The information specified in Sec. 63.654(h)(4) for:
    (A) Each miscellaneous process vent controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in paragraphs (a)(1) or 
(a)(2) of this section; and
    (B) Each storage vessel controlled by a pollution prevention measure 
or a control technique other than an internal or external floating roof 
or a closed vent system with a control device.
    (viii) Documentation of the information listed in paragraphs 
(d)(2)(viii)(A) through (d)(2)(viii)(G) of this section for each process 
wastewater stream included in the average.
    (A) The information used to determine whether the wastewater stream 
is a Group 1 or Group 2 wastewater stream.
    (B) The estimated values of all parameters needed for input to the 
wastewater emission credit and debit calculations in Sec. 63.652(h)(6).
    (C) The estimated percentage of reduction if the wastewater stream 
is or will be controlled using a treatment process or series of 
treatment processes that achieves an emission reduction less than or 
equal to the emission reduction specified in table 7 of this subpart.
    (D) The estimated percentage of reduction if a control technology 
achieving less than or equal to 95 percent emission reduction is or will 
be applied to the vapor stream(s) vented and collected from the 
treatment processes.
    (E) The estimated percentage of reduction if a pollution prevention 
measure is or will be applied.
    (F) The anticipated nominal efficiency if the owner or operator 
plans to apply for a nominal efficiency under Sec. 63.652(i). A nominal 
efficiency shall be applied for if:
    (1) A control technology is or will be applied to the wastewater 
stream and achieves an emission reduction greater than the emission 
reduction specified in table 7 of this subpart; or
    (2) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (G) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP's from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.647, the information specified in 
Sec. 63.654(h)(4) shall be included in the Implementation Plan.
    (ix) Documentation required in Sec. 63.652(k) demonstrating the 
hazard or risk equivalency of the proposed emissions average.
    (3) The Administrator shall determine within 120 calendar days 
whether the Implementation Plan submitted presents sufficient 
information. The Administrator shall either approve the Implementation 
Plan, request changes, or request that the owner or operator submit 
additional information. Once the Administrator receives sufficient 
information, the Administrator shall approve, disapprove, or request 
changes to the plan within 120 calendar days.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996; 
63 FR 31361, June 9, 1998]



Sec. 63.654  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to the wastewater provisions in 
Sec. 63.647 shall comply with the recordkeeping and reporting 
provisions in Sec. Sec. 61.356 and 61.357 of 40 CFR part 61, subpart FF 
unless they are complying with the wastewater provisions specified in 
paragraph (o)(2)(ii) of Sec. 63.640. There are

[[Page 76]]

no additional reporting and recordkeeping requirements for wastewater 
under this subpart unless a wastewater stream is included in an 
emissions average. Recordkeeping and reporting for emissions averages 
are specified in Sec. 63.653 and in paragraphs (f)(5) and (g)(8) of 
this section.
    (b) Each owner or operator subject to the gasoline loading rack 
provisions in Sec. 63.650 shall comply with the recordkeeping and 
reporting provisions in Sec. 63.428 (b) and (c), (g)(1), and (h)(1) 
through (h)(3) of subpart R of this part. These requirements are 
summarized in table 4 of this subpart. There are no additional reporting 
and recordkeeping requirements for gasoline loading racks under this 
subpart unless a loading rack is included in an emissions average. 
Recordkeeping and reporting for emissions averages are specified in 
Sec. 63.653 and in paragraphs (f)(5) and (g)(8) of this section.
    (c) Each owner or operator subject to the marine tank vessel loading 
operation standards in Sec. 63.651 shall comply with the recordkeeping 
and reporting provisions in Sec. Sec. 63.566 and 63.567(a) and Sec. 
63.567 (c) through (i) of subpart Y of this part. These requirements are 
summarized in table 5 of this subpart. There are no additional reporting 
and recordkeeping requirements for marine tank vessel loading operations 
under this subpart unless marine tank vessel loading operations are 
included in an emissions average. Recordkeeping and reporting for 
emissions averages are specified in Sec. 63.653 and in paragraphs 
(f)(5) and (g)(8) of this section.
    (d) Each owner or operator subject to the equipment leaks standards 
in Sec. 63.648 shall comply with the recordkeeping and reporting 
provisions in paragraphs (d)(1) through (d)(6) of this section.
    (1) Sections 60.486 and 60.487 of subpart VV of part 60 except as 
specified in paragraph (d)(1)(i) of this section; or Sec. Sec. 63.181 
and 63.182 of subpart H of this part except for Sec. Sec. 63.182(b), 
(c)(2), and (c)(4).
    (i) The signature of the owner or operator (or designate) whose 
decision it was that a repair could not be effected without a process 
shutdown is not required to be recorded. Instead, the name of the person 
whose decision it was that a repair could not be effected without a 
process shutdown shall be recorded and retained for 2 years.
    (ii) [Reserved]
    (2) The Notification of Compliance Status report required by Sec. 
63.182(c) of subpart H and the initial semiannual report required by 
Sec. 60.487(b) of 40 CFR part 60, subpart VV shall be submitted within 
150 days of the compliance date specified in Sec. 63.640(h); the 
requirements of subpart H of this part are summarized in table 3 of this 
subpart.
    (3) An owner or operator who determines that a compressor qualifies 
for the hydrogen service exemption in Sec. 63.648 shall also keep a 
record of the demonstration required by Sec. 63.648.
    (4) An owner or operator must keep a list of identification numbers 
for valves that are designated as leakless per Sec. 63.648(c)(10).
    (5) An owner or operator must identify, either by list or location 
(area or refining process unit), equipment in organic HAP service less 
than 300 hours per year within refining process units subject to this 
subpart.
    (6) An owner or operator must keep a list of reciprocating pumps and 
compressors determined to be exempt from seal requirements as per 
Sec. Sec. 63.648 (f) and (i).
    (e) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (e)(1) through (e)(3) of this 
section except as provided in paragraph (h)(5) of this section, and 
shall keep records as described in paragraph (i) of this section.
    (1) A Notification of Compliance Status report as described in 
paragraph (f) of this section;
    (2) Periodic Reports as described in paragraph (g) of this section; 
and
    (3) Other reports as described in paragraph (h) of this section.
    (f) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status report within 150 days after 
the compliance dates specified in Sec. 63.640(h) with the exception of 
Notification of Compliance Status reports submitted to comply with Sec. 
63.640(l)(3) and for storage vessels subject to the compliance schedule 
specified in Sec. 63.640(h)(4). Notification of Compliance Status 
reports

[[Page 77]]

required by Sec. 63.640(l)(3) and for storage vessels subject to the 
compliance dates specified in Sec. 63.640(h)(4) shall be submitted 
according to paragraph (f)(6) of this section. This information may be 
submitted in an operating permit application, in an amendment to an 
operating permit application, in a separate submittal, or in any 
combination of the three. If the required information has been submitted 
before the date 150 days after the compliance date specified in Sec. 
63.640(h), a separate Notification of Compliance Status report is not 
required within 150 days after the compliance dates specified in Sec. 
63.640(h). If an owner or operator submits the information specified in 
paragraphs (f)(1) through (f)(5) of this section at different times, 
and/or in different submittals, later submittals may refer to earlier 
submittals instead of duplicating and resubmitting the previously 
submitted information. Each owner or operator of a gasoline loading rack 
classified under Standard Industrial Classification Code 2911 located 
within a contiguous area and under common control with a petroleum 
refinery subject to the standards of this subpart shall submit the 
Notification of Compliance Status report required by subpart R of this 
part within 150 days after the compliance dates specified in Sec. 
63.640(h) of this subpart.
    (1) The Notification of Compliance Status report shall include the 
information specified in paragraphs (f)(1)(i) through (f)(1)(v) of this 
section.
    (i) For storage vessels, this report shall include the information 
specified in paragraphs (f)(1)(i)(A) through (f)(1)(i)(D) of this 
section.
    (A) Identification of each storage vessel subject to this subpart, 
and for each Group 1 storage vessel subject to this subpart, the 
information specified in paragraphs (f)(1)(i)(A)(1) through 
(f)(1)(i)(A)(3) of this section. This information is to be revised each 
time a Notification of Compliance Status report is submitted for a 
storage vessel subject to the compliance schedule specified in Sec. 
63.640(h)(4) or to comply with Sec. 63.640(l)(3).
    (1) For each Group 1 storage vessel complying with Sec. 63.646 that 
is not included in an emissions average, the method of compliance (i.e., 
internal floating roof, external floating roof, or closed vent system 
and control device).
    (2) For storage vessels subject to the compliance schedule specified 
in Sec. 63.640(h)(4) that are not complying with Sec. 63.646, the 
anticipated compliance date.
    (3) For storage vessels subject to the compliance schedule specified 
in Sec. 63.640(h)(4) that are complying with Sec. 63.646 and the Group 
1 storage vessels described in Sec. 63.640(l), the actual compliance 
date.
    (B) If a closed vent system and a control device other than a flare 
is used to comply with Sec. 63.646 the owner or operator shall submit:
    (1) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed; and either
    (2) The design evaluation documentation specified in Sec. 
63.120(d)(1)(i) of subpart G, if the owner or operator elects to prepare 
a design evaluation; or
    (3) If the owner or operator elects to submit the results of a 
performance test, identification of the storage vessel and control 
device for which the performance test will be submitted, and 
identification of the emission point(s) that share the control device 
with the storage vessel and for which the performance test will be 
conducted.
    (C) If a closed vent system and control device other than a flare is 
used, the owner or operator shall submit:
    (1) The operating range for each monitoring parameter. The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (2) If a performance test is conducted instead of a design 
evaluation, results of the performance test demonstrating that the 
control device achieves greater than or equal to the required control 
efficiency. A performance test conducted prior to the compliance date of 
this subpart can be used to comply with this requirement, provided that 
the test was conducted using EPA methods and that the test conditions

[[Page 78]]

are representative of current operating practices.
    (D) If a closed vent system and a flare is used, the owner or 
operator shall submit:
    (1) Flare design (e.g., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.120(e) of subpart G of 
this part; and
    (3) All periods during the compliance determination when the pilot 
flame is absent.
    (ii) For miscellaneous process vents, identification of each 
miscellaneous process vent subject to this subpart, whether the process 
vent is Group 1 or Group 2, and the method of compliance for each Group 
1 miscellaneous process vent that is not included in an emissions 
average (e.g., use of a flare or other control device meeting the 
requirements of Sec. 63.643(a)).
    (iii) For miscellaneous process vents controlled by control devices 
required to be tested under Sec. 63.645 of this subpart and Sec. 
63.116(c) of subpart G of this part, performance test results including 
the information in paragraphs (f)(1)(iii)(A) and (B) of this section. 
Results of a performance test conducted prior to the compliance date of 
this subpart can be used provided that the test was conducted using the 
methods specified in Sec. 63.645 and that the test conditions are 
representative of current operating conditions.
    (A) The percentage of reduction of organic HAP's or TOC, or the 
outlet concentration of organic HAP's or TOC (parts per million by 
volume on a dry basis corrected to 3 percent oxygen), determined as 
specified in Sec. 63.116(c) of subpart G of this part; and
    (B) The value of the monitored parameters specified in table 10 of 
this subpart, or a site-specific parameter approved by the permitting 
authority, averaged over the full period of the performance test,
    (iv) For miscellaneous process vents controlled by flares, 
performance test results including the information in paragraphs 
(f)(1)(iv)(A) and (B) of this section;
    (A) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.645 of this subpart and 
Sec. 63.116(a) of subpart G of this part, and
    (B) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (v) For equipment leaks complying with Sec. 63.648(c) (i.e., 
complying with the requirements of subpart H of this part), the 
Notification of Compliance Report Status report information required by 
Sec. 63.182(c) of subpart H and whether the percentage of leaking 
valves will be reported on a process unit basis or a sourcewide basis.
    (2) If initial performance tests are required by Sec. Sec. 63.643 
through 63.653 of this subpart, the Notification of Compliance Status 
report shall include one complete test report for each test method used 
for a particular source.
    (i) For additional tests performed using the same method, the 
results specified in paragraph (f)(1) of this section shall be 
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a sampling site 
description, description of sampling and analysis procedures and any 
modifications to standard procedures, quality assurance procedures, 
record of operating conditions during the test, record of preparation of 
standards, record of calibrations, raw data sheets for field sampling, 
raw data sheets for field and laboratory analyses, documentation of 
calculations, and any other information required by the test method.
    (iii) Performance tests are required only if specified by Sec. Sec. 
63.643 through 63.653 of this subpart. Initial performance tests are 
required for some kinds of emission points and controls. Periodic 
testing of the same emission point is not required.
    (3) For each monitored parameter for which a range is required to be 
established under Sec. 63.120(d) of subpart G of this part for storage 
vessels or Sec. 63.644 for miscellaneous process vents, the 
Notification of Compliance Status report shall include the information 
in

[[Page 79]]

paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to develop 
the range and a description of why the range ensures compliance with the 
emission standard.
    (A) If a performance test is required by this subpart for a control 
device, the range shall be based on the parameter values measured during 
the performance test supplemented by engineering assessments and 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of permitted parameter values.
    (B) If a performance test is not required by this subpart for a 
control device, the range may be based solely on engineering assessments 
and manufacturers' recommendations.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (4) Results of any continuous monitoring system performance 
evaluations shall be included in the Notification of Compliance Status 
report.
    (5) For emission points included in an emissions average, the 
Notification of Compliance Status report shall include the values of the 
parameters needed for input to the emission credit and debit equations 
in Sec. 63.652(g) and (h), calculated or measured according to the 
procedures in Sec. 63.652(g) and (h), and the resulting credits and 
debits for the first quarter of the year. The first quarter begins on 
the compliance date specified in Sec. 63.640.
    (6) Notification of Compliance Status reports required by Sec. 
63.640(l)(3) and for storage vessels subject to the compliance dates 
specified in Sec. 63.640(h)(4) shall be submitted no later than 60 days 
after the end of the 6-month period during which the change or addition 
was made that resulted in the Group 1 emission point or the existing 
Group 1 storage vessel was brought into compliance, and may be combined 
with the periodic report. Six-month periods shall be the same 6-month 
periods specified in paragraph (g) of this section. The Notification of 
Compliance Status report shall include the information specified in 
paragraphs (f)(1) through (f)(5) of this section. This information may 
be submitted in an operating permit application, in an amendment to an 
operating permit application, in a separate submittal, as part of the 
periodic report, or in any combination of these four. If the required 
information has been submitted before the date 60 days after the end of 
the 6-month period in which the addition of the Group 1 emission point 
took place, a separate Notification of Compliance Status report is not 
required within 60 days after the end of the 6-month period. If an owner 
or operator submits the information specified in paragraphs (f)(1) 
through (f)(5) of this section at different times, and/or in different 
submittals, later submittals may refer to earlier submittals instead of 
duplicating and resubmitting the previously submitted information.
    (g) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports no later than 60 days after the end of each 6-
month period when any of the compliance exceptions specified in 
paragraphs (g)(1) through (g)(6) of this section occur. The first 6-
month period shall begin on the date the Notification of Compliance 
Status report is required to be submitted. A Periodic Report is not 
required if none of the compliance exceptions specified in paragraphs 
(g)(1) through (g)(6) of this section occurred during the 6-month period 
unless emissions averaging is utilized. Quarterly reports must be 
submitted for emission points included in emissions averages, as 
provided in paragraph (g)(8) of this section. An owner or operator may 
submit reports required by other regulations in place of or as part of 
the Periodic Report required by this paragraph if the reports contain 
the information required by paragraphs (g)(1) through (g)(8) of this 
section.
    (1) For storage vessels, Periodic Reports shall include the 
information

[[Page 80]]

specified for Periodic Reports in paragraph (g)(2) through (g)(5) of 
this section except that information related to gaskets, slotted 
membranes, and sleeve seals is not required for storage vessels that are 
part of an existing source.
    (2) An owner or operator who elects to comply with Sec. 63.646 by 
using a fixed roof and an internal floating roof or by using an external 
floating roof converted to an internal floating roof shall submit the 
results of each inspection conducted in accordance with Sec. 63.120(a) 
of subpart G of this part in which a failure is detected in the control 
equipment.
    (i) For vessels for which annual inspections are required under 
Sec. 63.120(a)(2)(i) or (a)(3)(ii) of subpart G of this part, the 
specifications and requirements listed in paragraphs (g)(2)(i)(A) 
through (g)(2)(i)(C) of this section apply.
    (A) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on the 
floating roof; or the seal is detached from the internal floating roof; 
or there are holes, tears, or other openings in the seal or seal fabric; 
or there are visible gaps between the seal and the wall of the storage 
vessel.
    (B) Except as provided in paragraph (g)(2)(i)(C) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (C) If an extension is utilized in accordance with Sec. 
63.120(a)(4) of subpart G of this part, the owner or operator shall, in 
the next Periodic Report, identify the vessel; include the documentation 
specified in Sec. 63.120(a)(4) of subpart G of this part; and describe 
the date the storage vessel was emptied and the nature of and date the 
repair was made.
    (ii) For vessels for which inspections are required under Sec. 
63.120(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of subpart G of this part 
(i.e., internal inspections), the specifications and requirements listed 
in paragraphs (g)(2)(ii)(A) and (g)(2)(ii)(B) of this section apply.
    (A) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or, for a storage vessel that is part of a new source, 
the gaskets no longer close off the liquid surface from the atmosphere; 
or, for a storage vessel that is part of a new source, the slotted 
membrane has more than a 10 percent open area.
    (B) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (3) An owner or operator who elects to comply with Sec. 63.646 by 
using an external floating roof shall meet the periodic reporting 
requirements specified in paragraphs (g)(3)(i) through (g)(3)(iii) of 
this section.
    (i) The owner or operator shall submit, as part of the Periodic 
Report, documentation of the results of each seal gap measurement made 
in accordance with Sec. 63.120(b) of subpart G of this part in which 
the seal and seal gap requirements of Sec. 63.120(b)(3), (b)(4), 
(b)(5), or (b)(6) of subpart G of this part are not met. This 
documentation shall include the information specified in paragraphs 
(g)(3)(i)(A) through (g)(3)(i)(D) of this section.
    (A) The date of the seal gap measurement.
    (B) The raw data obtained in the seal gap measurement and the 
calculations described in Sec. 63.120(b)(3) and (b)(4) of subpart G of 
this part.
    (C) A description of any seal condition specified in Sec. 
63.120(b)(5) or (b)(6) of subpart G of this part that is not met.
    (D) A description of the nature of and date the repair was made, or 
the date the storage vessel was emptied.
    (ii) If an extension is utilized in accordance with Sec. 
63.120(b)(7)(ii) or (b)(8) of subpart G of this part, the owner or 
operator shall, in the next Periodic Report, identify the vessel; 
include the documentation specified in

[[Page 81]]

Sec. 63.120(b)(7)(ii) or (b)(8) of subpart G of this part, as 
applicable; and describe the date the vessel was emptied and the nature 
of and date the repair was made.
    (iii) The owner or operator shall submit, as part of the Periodic 
Report, documentation of any failures that are identified during visual 
inspections required by Sec. 63.120(b)(10) of subpart G of this part. 
This documentation shall meet the specifications and requirements in 
paragraphs (g)(3)(iii)(A) and (g)(3)(iii)(B) of this section.
    (A) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes or other openings in the 
seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or, for a storage vessel 
that is part of a new source, the gaskets no longer close off the liquid 
surface from the atmosphere; or, for a storage vessel that is part of a 
new source, the slotted membrane has more than 10 percent open area.
    (B) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (4) An owner or operator who elects to comply with Sec. 63.646 by 
using an external floating roof converted to an internal floating roof 
shall comply with the periodic reporting requirements of paragraph 
(g)(2) of this section.
    (5) An owner or operator who elects to comply with Sec. 63.646 by 
installing a closed vent system and control device shall submit, as part 
of the next Periodic Report, the information specified in paragraphs 
(g)(5)(i) through (g)(5)(iii) of this section.
    (i) The Periodic Report shall include the information specified in 
paragraphs (g)(5)(i)(A) and (g)(5)(i)(B) of this section for those 
planned routine maintenance operations that would require the control 
device not to meet the requirements of Sec. 63.119(e)(1) or (e)(2) of 
subpart G of this part, as applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of subpart G 
of this part, as applicable, due to planned routine maintenance.
    (ii) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Notification of 
Compliance Status report. The description shall include: Identification 
of the control device for which the measured parameters were outside of 
the established ranges, and causes for the measured parameters to be 
outside of the established ranges.
    (iii) If a flare is used, the Periodic Report shall describe each 
occurrence when the flare does not meet the general control device 
requirements specified in Sec. 63.11(b) of subpart A of this part and 
shall include: Identification of the flare that does not meet the 
general requirements specified in Sec. 63.11(b) of subpart A of this 
part, and reasons the flare did not meet the general requirements 
specified in Sec. 63.11(b) of subpart A of this part.
    (6) For miscellaneous process vents for which continuous parameter 
monitors are required by this subpart, periods of excess emissions shall 
be identified in the Periodic Reports and shall be used to determine 
compliance with the emission standards.
    (i) Period of excess emission means any of the following conditions:
    (A) An operating day when the daily average value of a monitored 
parameter, except presence of a flare pilot flame, is outside the range 
specified in the Notification of Compliance Status report. Monitoring 
data recorded during periods of monitoring system breakdown, repairs, 
calibration checks

[[Page 82]]

and zero (low-level) and high-level adjustments shall not be used in 
computing daily average values of monitored parameters.
    (B) An operating day when all pilot flames of a flare are absent.
    (C) An operating day when monitoring data required to be recorded in 
paragraphs (i)(3) (i) and (ii) of this section are available for less 
than 75 percent of the operating hours.
    (D) For data compression systems approved under paragraph 
(h)(5)(iii) of this section, an operating day when the monitor operated 
for less than 75 percent of the operating hours or a day when less than 
18 monitoring values were recorded.
    (ii) For miscellaneous process vents, excess emissions shall be 
reported for the operating parameters specified in table 10 of this 
subpart unless other site-specific parameter(s) have been approved by 
the operating permit authority.
    (iii) Periods of startup and shutdown that meet the definition of 
Sec. 63.641, and malfunction that meet the definition in Sec. 63.2 and 
periods of performance testing and monitoring system calibration shall 
not be considered periods of excess emissions. Malfunctions may include 
process unit, control device, or monitoring system malfunctions.
    (7) If a performance test for determination of compliance for a new 
emission point subject to this subpart or for an emission point that has 
changed from Group 2 to Group 1 is conducted during the period covered 
by a Periodic Report, the results of the performance test shall be 
included in the Periodic Report.
    (i) Results of the performance test shall include the percentage of 
emissions reduction or outlet pollutant concentration reduction 
(whichever is needed to determine compliance) and the values of the 
monitored operating parameters.
    (ii) The complete test report shall be maintained onsite.
    (8) The owner or operator of a source shall submit quarterly reports 
for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status report no later 
than 150 days after the compliance date specified in Sec. 63.640.
    (ii) The quarterly reports shall include:
    (A) The information specified in this paragraph and in paragraphs 
(g)(2) through (g)(7) of this section for all storage vessels and 
miscellaneous process vents included in an emissions average;
    (B) The information required to be reported by Sec. 63.428 (h)(1), 
(h)(2), and (h)(3) for each gasoline loading rack included in an 
emissions average, unless this information has already been submitted in 
a separate report;
    (C) The information required to be included in quarterly reports by 
Sec. Sec. 63.567(f) and 63.567(i)(2) of subpart Y of this part for each 
marine tank vessel loading operation included in an emissions average, 
unless the information has already been submitted in a separate report;
    (D) Any information pertaining to each wastewater stream included in 
an emissions average that the source is required to report under the 
Implementation Plan for the source;
    (E) The credits and debits calculated each month during the quarter;
    (F) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as required 
under Sec. Sec. 63.652(e)(4);
    (G) The values of any inputs to the credit and debit equations in 
Sec. 63.652 (g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter; and
    (H) Any other information the source is required to report under the 
Implementation Plan for the source.
    (iii) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec. 63.652(e)(3); and
    (B) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.652 of this subpart.
    (h) Other reports shall be submitted as specified in subpart A of 
this part and as follows:

[[Page 83]]

    (1) Reports of startup, shutdown, and malfunction required by Sec. 
63.10(d)(5). Records and reports of startup, shutdown, and malfunction 
are not required if they pertain solely to Group 2 emission points, as 
defined in Sec. 63.641, that are not included in an emissions average. 
For purposes of this paragraph, startup and shutdown shall have the 
meaning defined in Sec. 63.641, and malfunction shall have the meaning 
defined in Sec. 63.2; and
    (2) For storage vessels, notifications of inspections as specified 
in paragraphs (h)(2)(i) and (h)(2)(ii) of this section;
    (i) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of each Group 1 storage vessel that has been emptied 
and degassed.
    (A) Except as provided in paragraphs (h)(2)(i) (B) and (C) of this 
section, the owner or operator shall notify the Administrator in writing 
at least 30 calendar days prior to filling or refilling of each storage 
vessel with organic HAP's to afford the Administrator the opportunity to 
inspect the storage vessel prior to refilling.
    (B) Except as provided in paragraph (h)(2)(i)(C) of this section, if 
the internal inspection required by Sec. Sec. 63.120(a)(2), 
63.120(a)(3), or 63.120(b)(10) of subpart G of this part is not planned 
and the owner or operator could not have known about the inspection 30 
calendar days in advance of refilling the vessel with organic HAP's, the 
owner or operator shall notify the Administrator at least 7 calendar 
days prior to refilling of the storage vessel. Notification may be made 
by telephone and immediately followed by written documentation 
demonstrating why the inspection was unplanned. This notification, 
including the written documentation, may also be made in writing and 
sent so that it is received by the Administrator at least 7 calendar 
days prior to the refilling.
    (C) The State or local permitting authority can waive the 
notification requirements of paragraphs (h)(2)(i)(A) and/or (h)(2)(i)(B) 
of this section for all or some storage vessels at petroleum refineries 
subject to this subpart. The State or local permitting authority may 
also grant permission to refill storage vessels sooner than 30 days 
after submitting the notification required by paragraph (h)(2)(i)(A) of 
this section, or sooner than 7 days after submitting the notification 
required by paragraph (h)(2)(i)(B) of this section for all storage 
vessels, or for individual storage vessels on a case-by-case basis.
    (ii) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator of a storage vessel equipped 
with an external floating roof shall notify the Administrator of any 
seal gap measurements. The notification shall be made in writing at 
least 30 calendar days in advance of any gap measurements required by 
Sec. 63.120 (b)(1) or (b)(2) of subpart G of this part. The State or 
local permitting authority can waive this notification requirement for 
all or some storage vessels subject to the rule or can allow less than 
30 calendar days' notice.
    (3) For owners or operators of sources required to request approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average, the information specified in Sec. 63.652(h).
    (4) The owner or operator who requests approval to monitor a 
different parameter than those listed in Sec. 63.644 for miscellaneous 
process vents or who is required by Sec. 63.653(a)(8) to establish a 
site-specific monitoring parameter for a point in an emissions average 
shall submit the information specified in paragraphs (h)(4)(i) through 
(h)(4)(iii) of this section. For new or reconstructed sources, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec. 63.5(d) of subpart A 
and for existing sources, and the information shall be submitted no 
later than 18 months prior to the compliance date. The information may 
be submitted in an operating permit application, in an amendment to an 
operating permit application, or in a separate submittal.
    (i) A description of the parameter(s) to be monitored to determine 
whether excess emissions occur and an explanation of the criteria used 
to select the parameter(s).

[[Page 84]]

    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter can be used to determine excess 
emissions and the schedule for this demonstration. The owner or operator 
must certify that they will establish a range for the monitored 
parameter as part of the Notification of Compliance Status report 
required in paragraphs (e) and (f) of this section.
    (iii) The frequency and content of monitoring, recording, and 
reporting if: monitoring and recording are not continuous; or if periods 
of excess emissions, as defined in paragraph (g)(6) of this section, 
will not be identified in Periodic Reports required under paragraphs (e) 
and (g) of this section. The rationale for the proposed monitoring, 
recording, and reporting system shall be included.
    (5) An owner or operator may request approval to use alternatives to 
the continuous operating parameter monitoring and recordkeeping 
provisions listed in paragraph (i) of this section.
    (i) Requests shall be submitted with the Application for Approval of 
Construction or Reconstruction for new sources and no later than 18 
months prior to the compliance date for existing sources. The 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, or in a separate 
submittal. Requests shall contain the information specified in 
paragraphs (h)(5)(iii) through (h)(5)(iv) of this section, as 
applicable.
    (ii) The provisions in Sec. 63.8(f)(5)(i) of subpart A of this part 
shall govern the review and approval of requests.
    (iii) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
hour) but records all values that meet set criteria for variation from 
previously recorded values.
    (A) The requested system shall be designed to:
    (1) Measure the operating parameter value at least once every hour.
    (2) Record at least 24 values each day during periods of operation.
    (3) Record the date and time when monitors are turned off or on.
    (4) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (5) Compute daily average values of the monitored operating 
parameter based on recorded data.
    (B) The request shall contain a description of the monitoring system 
and data compression recording system including the criteria used to 
determine which monitored values are recorded and retained, the method 
for calculating daily averages, and a demonstration that the system 
meets all criteria of paragraph (h)(5)(iii)(A) of this section.
    (iv) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f) of subpart A of this part.
    (6) The owner or operator shall submit the information specified in 
paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as applicable. 
For existing sources, this information shall be submitted in the initial 
Notification of Compliance Status report. For a new source, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec. 63.5(d) of subpart A of 
this part. The information may be submitted in an operating permit 
application, in an amendment to an operating permit application, or in a 
separate submittal.
    (i) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units.
    (ii) The determination of applicability of this subpart to any 
storage vessel for which use varies from year to year.
    (iii) The determination of applicability of this subpart to any 
distillation unit for which use varies from year to year.
    (i) Recordkeeping. (1) Each owner or operator subject to the storage 
vessel provisions in Sec. 63.646 shall keep the records specified in 
Sec. 63.123 of subpart G of this part except as specified in paragraphs 
(i)(1)(i) through (i)(1)(iv) of this section.

[[Page 85]]

    (i) Records related to gaskets, slotted membranes, and sleeve seals 
are not required for storage vessels within existing sources.
    (ii) All references to Sec. 63.122 in Sec. 63.123 of subpart G of 
this part shall be replaced with Sec. 63.654(e),
    (iii) All references to Sec. 63.150 in Sec. 63.123 of subpart G of 
this part shall be replaced with Sec. 63.652.
    (iv) If a storage vessel is determined to be Group 2 because the 
weight percent total organic HAP of the stored liquid is less than or 
equal to 4 percent for existing sources or 2 percent for new sources, a 
record of any data, assumptions, and procedures used to make this 
determination shall be retained.
    (2) Each owner or operator required to report the results of 
performance tests under paragraphs (f) and (g)(7) of this section shall 
retain a record of all reported results as well as a complete test 
report, as described in paragraph (f)(2)(ii) of this section for each 
emission point tested.
    (3) Each owner or operator required to continuously monitor 
operating parameters under Sec. 63.644 for miscellaneous process vents 
or under Sec. Sec. 63.652 and 63.653 for emission points in an 
emissions average shall keep the records specified in paragraphs 
(i)(3)(i) through (i)(3)(v) of this section unless an alternative 
recordkeeping system has been requested and approved under paragraph (h) 
of this section.
    (i) The monitoring system shall measure data values at least once 
every hour.
    (ii) The owner or operator shall record either:
    (A) Each measured data value; or
    (B) Block average values for 1 hour 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.
    (iii) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day and retained for 5 years 
except as specified in paragraph (i)(3)(iv) of this section.
    (A) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per day if operation is not continuous.
    (B) The operating day shall be the period defined in the 
Notification of Compliance Status report. It may be from midnight to 
midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status report, the owner or operator may record that all 
values were within the range and retain this record for 5 years rather 
than calculating and recording a daily average for that day. For these 
days, the records required in paragraph (i)(3)(ii) of this section shall 
also be retained for 5 years.
    (v) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in any average 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.
    (4) All other information required to be reported under paragraphs 
(a) through (h) of this section shall be retained for 5 years.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996; 
63 FR 44141, Aug. 18, 1998]



Sec. 63.655  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

[[Page 86]]

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. 
63.640, 63.642(g) through (l), 63.643, and 63.646 through 63.652. Where 
these standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart. Where these standards reference another subpart and modify the 
requirements, the requirements shall be modified as described in this 
subpart. Delegation of the modified requirements will also occur 
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 37351, June 23, 2003]



Sec. Sec. 63.656-63.679  [Reserved]

                Appendix to Subpart CC of Part 63--Tables

                    Table 1--Hazardous Air Pollutants
------------------------------------------------------------------------
                                                                CAS No.
                        Chemical name                             \a\
------------------------------------------------------------------------
Benzene......................................................      71432
Biphenyl.....................................................      92524
Butadiene (1,3)..............................................      10990
Carbon disulfide.............................................      75150
Carbonyl sulfide.............................................     463581
Cresol (mixed isomers \b\)...................................    1319773
Cresol (m-)..................................................     108394
Cresol (o-)..................................................      95487
Cresol (p-)..................................................     106445
Cumene.......................................................      98828
Dibromoethane (1,2) (ethylene dibromide).....................     106934
Dichloroethane (1,2).........................................     107062
Diethanolamine...............................................     111422
Ethylbenzene.................................................     100414
Ethylene glycol..............................................     107211
Hexane.......................................................     110543
Methanol.....................................................      67561
Methyl ethyl ketone (2-butanone).............................      78933
Methyl isobutyl ketone (hexone)..............................     108101
Methyl tert butyl ether......................................    1634044
Naphthalene..................................................      91203
Phenol.......................................................     108952
Toluene......................................................     108883
Trimethylpentane (2,2,4).....................................     540841
Xylene (mixed isomers \b\)...................................    1330207
xylene (m-)..................................................     108383
xylene (o-)..................................................      95476
xylene (p-)..................................................    106423
------------------------------------------------------------------------
\a\ CAS number = Chemical Abstract Service registry number assigned to
  specific compounds, isomers, or mixtures of compounds.
\b\ Isomer means all structural arrangements for the same number of
  atoms of each element and does not mean salts, esters, or derivatives.


             Table 2--Leak Definitions for Pumps and Valves
------------------------------------------------------------------------
                                                                 Leak
                                                              definition
              Standard \a\                      Phase         (parts per
                                                               million)
------------------------------------------------------------------------
Sec.  63.163 (pumps)...................  I                       10,000
                                          II                       5,000
                                          III                      2,000
Sec.  63.168 (valves)..................  I                       10,000
                                          II                       1,000
                                          III                     1,000
------------------------------------------------------------------------
\a\ Subpart H of this part.


  Table 3--Equipment Leak Recordkeeping and Reporting Requirements for
  Sources Complying With Sec.  63.648 of Subpart CC by Compliance With
                       Subpart H of this Part \a\
------------------------------------------------------------------------
    Reference (section of
   subpart H of this part)         Description             Comment
------------------------------------------------------------------------
63.181(a)...................  Recordkeeping system  Except for Sec.
                               requirements.         Sec.
                                                     63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(b)...................  Records required for  Except for Sec.
                               process unit          Sec.
                               equipment.            63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(c)...................  Visual inspection     Except for Sec.
                               documentation.        Sec.
                                                     63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(d)...................  Leak detection        Except for Sec.
                               record requirements.  63.181(d)(8).

[[Page 87]]

 
63.181(e)...................  Compliance            This subsection does
                               requirements for      not apply to
                               pressure tests for    subpart CC.
                               batch product
                               process equipment
                               trains.
63.181(f)...................  Compressor            ....................
                               compliance test
                               records.
63.181(g)...................  Closed-vent systems   ....................
                               and control device
                               record
                               requirements.
63.181(h)...................  Process unit quality  ....................
                               improvement program
                               records.
63.181(i)...................  Heavy liquid service  ....................
                               determination
                               record.
63.181(j)...................  Equipment             ....................
                               identification
                               record.
63.181(k)...................  Enclosed-vented       ....................
                               process unit
                               emission limitation
                               record
                               requirements.
63.182(a)...................  Reports.
63.182(b)...................  Initial notification  Not required.
                               report
                               requirements.
63.182(c)...................  Notification of       Except in Sec.
                               compliance status     63.182(c); change
                               report.               ``within 90 days of
                                                     the compliance
                                                     dates'' to ``within
                                                     150 days of the
                                                     compliance dates'';
                                                     except in Sec.
                                                     Sec.  63.182
                                                     (c)(2) and (c)(4).
63.182(d)...................  Periodic report.....  Except for Sec.
                                                     Sec.  63.182
                                                     (d)(2)(vii),
                                                     (d)(2)(viii), and
                                                     (d)(3).
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


     Table 4--Gasoline Distribution Emission Point Recordkeeping and
                       Reporting Requirements \a\
------------------------------------------------------------------------
    Reference (section of
   subpart R of this part)         Description             Comment
------------------------------------------------------------------------
63.428(b)...................  Records of test
                               results for each
                               gasoline cargo tank
                               loaded at the
                               facility.
63.428(c)...................  Continuous
                               monitoring data
                               recordkeeping
                               requirements.
63.428(g)(1)................  Semiannual report     Required to be
                               loading rack          submitted with the
                               information.          periodic report
                                                     required under 40
                                                     CFR part 63 subpart
                                                     CC.
63.428 (h)(1) through (h)(3)  Excess emissions      Required to be
                               report loading rack   submitted with the
                               information.          periodic report
                                                     required under 40
                                                     CFR part 63 subpart
                                                     CC.
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


  Table 5--Marine Vessel Loading and Unloading Operations Recordkeeping
                     and Reporting Requirements \a\
------------------------------------------------------------------------
    Reference (section of
   subpart Y of this part)         Description             Comment
------------------------------------------------------------------------
63.565(a)...................  Performance test/     The information
                               site test plan.       required under this
                                                     paragraph is to be
                                                     submitted with the
                                                     notification of
                                                     compliance status
                                                     report required
                                                     under 40 CFR part
                                                     63, subpart CC.
63.565(b)...................  Performance test
                               data requirements.
63.567(a)...................  General Provisions
                               (subpart A)
                               applicability
63.567(c)...................  Vent system valve
                               bypass
                               recordkeeping
                               requirements
63.567(d)...................  Continuous equipment
                               monitoring
                               recordkeeping
                               requirements
63.567(e)...................  Flare recordkeeping
                               requirements
63.567(f)...................  Quarterly report      The information
                               requirements          required under this
                                                     paragraph is to be
                                                     submitted with the
                                                     periodic report
                                                     required under 40
                                                     CFR part 63 subpart
                                                     CC.

[[Page 88]]

 
63.567(g)...................  Marine vessel vapor-
                               tightness
                               documentation
63.567(h)...................  Documentation file
                               maintenance
63.567(i)...................  Emission estimation
                               reporting and
                               recordkeeping
                               procedures
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


       Table 6--General Provisions Applicability to Subpart CC \a\
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart CC            Comment
------------------------------------------------------------------------
63.1(a)(1)....................  Yes
63.1(a)(2)....................  Yes
63.1(a)(3)....................  Yes
63.1(a)(4)....................  No                 Subpart CC (this
                                                    table) specifies
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    CC.
63.1(a)(5)-63.1(a)(9).........  No
63.1(a)(10)...................  No                 Subpart CC and other
                                                    cross-referenced
                                                    subparts specify
                                                    calendar or
                                                    operating day.
63.1(a)(11)...................  Yes
63.1(a)(12)...................  Yes
63.1(a)(13)...................  Yes
63.1(a)(14)...................  Yes
63.1(b)(1)....................  No                 Subpart CC specifies
                                                    its own
                                                    applicability.
63.1(b)(2)....................  Yes
63.1(b)(3)....................  No
63.1(c)(1)....................  No                 Subpart CC explicitly
                                                    specifies
                                                    requirements that
                                                    apply.
63.1(c)(2)....................  No                 Area sources are not
                                                    subject to subpart
                                                    CC.
63.1(c)(3)....................  No
63.1(c)(4)....................  Yes
63.1(c)(5)....................  Yes                Except that sources
                                                    are not required to
                                                    submit notifications
                                                    overridden by this
                                                    table.
63.1(d).......................  No
63.1(e).......................  No
63.2..........................  Yes                Sec.  63.641 of
                                                    subpart CC specifies
                                                    that if the same
                                                    term is defined in
                                                    subparts A and CC,
                                                    it shall have the
                                                    meaning given in
                                                    subpart CC.
63.3..........................  No                 Units of measure are
                                                    spelled out in
                                                    subpart CC.
63.4(a)(1)-63.4(a)(3).........  Yes
63.4(a)(4)....................  No                 Reserved.
63.4(a)(5)....................  Yes
63.4(b).......................  Yes
63.4(c).......................  Yes
63.5(a)(1)....................  Yes                Except replace term
                                                    ``source'' and
                                                    ``stationary
                                                    source'' in Sec.
                                                    63.5(a)(1) of
                                                    subpart A with
                                                    ``affected source.''
63.5(a)(2)....................  Yes
63.5(b)(1)....................  Yes
63.5(b)(2)....................  No                 Reserved.
63.5(b)(3)....................  Yes
63.5(b)(4)....................  Yes                Except the cross-
                                                    reference to Sec.
                                                    63.9(b) is changed
                                                    to Sec.  63.9(b)
                                                    (4) and (5). Subpart
                                                    CC overrides Sec.
                                                    63.9 (b)(2) and
                                                    (b)(3).
63.5(b)(5)....................  Yes
63.5(b)(6)....................  Yes
63.5(c).......................  No                 Reserved.
63.5(d)(1)(i).................  Yes                Except that the
                                                    application shall be
                                                    submitted as soon as
                                                    practicable before
                                                    startup but no later
                                                    than 90 days (rather
                                                    than 60 days) after
                                                    the promulgation
                                                    date of subpart CC
                                                    if the construction
                                                    or reconstruction
                                                    had commenced and
                                                    initial startup had
                                                    not occurred before
                                                    the promulgation of
                                                    subpart CC.
63.5(d)(1)(ii)................  Yes                Except that for
                                                    affected sources
                                                    subject to subpart
                                                    CC, emission
                                                    estimates specified
                                                    in Sec.
                                                    63.5(d)(1)(ii)(H)
                                                    are not required.

[[Page 89]]

 
63.5(d)(1)(iii)...............  No                 Subpart CC requires
                                                    submittal of the
                                                    notification of
                                                    compliance status
                                                    report in Sec.
                                                    63.654(e).
63.5(d)(2)....................  No
63.5(d)(3)....................  Yes                Except Sec.
                                                    63.5(d)(3)(ii) does
                                                    not apply.
63.5(d)(4)....................  Yes
63.5(e).......................  Yes
63.5(f)(1)....................  Yes
63.5(f)(2)....................  Yes                Except that the ``60
                                                    days'' in the cross-
                                                    referenced Sec.
                                                    63.5(d)(1) is
                                                    changed to ``90
                                                    days,'' and the
                                                    cross-reference to
                                                    (b)(2) does not
                                                    apply.
63.6(a).......................  Yes
63.6(b)(1)....................  No                 Subpart CC specifies
                                                    compliance dates for
                                                    sources subject to
                                                    subpart CC.
63.6(b)(2)....................  No
63.6(b)(3)....................  Yes
63.6(b)(4)....................  No                 May apply when
                                                    standards are
                                                    proposed under
                                                    section 112(f) of
                                                    the Clean Air Act.
63.6(b)(5)....................  No                 Sec.  63.654(d) of
                                                    subpart CC includes
                                                    notification
                                                    requirements.
63.6(b)(6)....................  No
63.6(b)(7)....................  No
63.6(c)(1)....................  No                 Sec.  63.640 of
                                                    subpart CC specifies
                                                    the compliance date.
63.6(c)(2)-63.6(c)(4).........  No
63.6(c)(5)....................  Yes
63.6(d).......................  No
63.6(e).......................  Yes                Does not apply to
                                                    Group 2 emission
                                                    points. \b\ The
                                                    startup, shutdown,
                                                    and malfunction plan
                                                    specified in Sec.
                                                    63.6(e)(3) is not
                                                    required for
                                                    wastewater
                                                    operations that are
                                                    not subject to
                                                    subpart G of this
                                                    part.
                                                   Except that actions
                                                    taken during a
                                                    startup, shutdown,
                                                    or malfunction that
                                                    are not consistent
                                                    with the startup,
                                                    shutdown, and
                                                    malfunction plan do
                                                    not need to be
                                                    reported within 2
                                                    and 7 days of
                                                    commencing and
                                                    completing the
                                                    action,
                                                    respectively, but
                                                    must be included in
                                                    the next periodic
                                                    report.
63.6(f)(1)....................  Yes
63.6(f)(2)(i).................  Yes
63.6(f)(2)(ii)................  Yes                Subpart CC specifies
                                                    the use of
                                                    monitoring data in
                                                    determining
                                                    compliance with
                                                    subpart CC.
63.6(f)(2)(iii) (A), (B), and   Yes
 (C).
63.6(f)(2)(iii)(D)............  No
63.6(f)(2)(iv)................  Yes
63.6(f)(2)(v).................  Yes
63.6(f)(3)....................  Yes
63.6(g).......................  Yes
63.6(h) (1) and (2)...........  Yes
63.6(h) (4) and (5)...........  No                 Visible emission
                                                    requirements and
                                                    timing in subpart
                                                    CC.
63.6(h)(6)....................  Yes
63.6(h) (7) through (9).......  No                 Subpart CC does not
                                                    require opacity
                                                    standards.
63.6(i).......................  Yes                Except for Sec.
                                                    63.6(i)(15), which
                                                    is reserved.
63.6(j).......................  Yes
63.7(a)(1)....................  No                 Subpart CC specifies
                                                    required testing and
                                                    compliance
                                                    demonstration
                                                    procedures.
63.7(a)(2)....................  No                 Test results must be
                                                    submitted in the
                                                    notification of
                                                    compliance status
                                                    report due 150 days
                                                    after compliance
                                                    date, as specified
                                                    in Sec.  63.654(d)
                                                    of subpart CC.
63.7(a)(3)....................  Yes
63.7(b).......................  No
63.7(c).......................  No
63.7(d).......................  Yes
63.7(e)(1)....................  Yes
63.7(e)(2)....................  Yes
63.7(e)(3)....................  No                 Subpart CC specifies
                                                    test methods and
                                                    procedures.
63.7(e)(4)....................  Yes
63.7(f).......................  No                 Subpart CC specifies
                                                    applicable methods
                                                    and provides
                                                    alternatives.

[[Page 90]]

 
63.7(g).......................  No                 Performance test
                                                    reporting specified
                                                    in Sec.  63.654(d).
63.7(h)(1)....................  Yes
63.7(h)(2)....................  Yes
63.7(h)(3)....................  Yes                Yes, except site-
                                                    specific test plans
                                                    shall not be
                                                    required, and where
                                                    Sec.  63.7(g)(3)
                                                    specifies submittal
                                                    by the date the site-
                                                    specific test plan
                                                    is due, the date
                                                    shall be 90 days
                                                    prior to the
                                                    notification of
                                                    compliance status
                                                    report in Sec.
                                                    63.654(d).
63.7(h)(4)....................  No
63.7(h)(5)....................  Yes
63.8(a).......................  No
63.8(b)(1)....................  Yes
63.8(b)(2)....................  No                 Subpart CC specifies
                                                    locations to conduct
                                                    monitoring.
63.8(b)(3)....................  Yes
63.8(c)(1)(i).................  Yes
63.8(c)(1)(ii)................  No                 Addressed by periodic
                                                    reports in Sec.
                                                    63.654(e) of subpart
                                                    CC.
63.8(c)(1)(iii)...............  Yes
63.8(c)(2)....................  Yes
63.8(c)(3)....................  Yes                Except that
                                                    verification of
                                                    operational status
                                                    shall, at a minimum,
                                                    include completion
                                                    of the
                                                    manufacturer's
                                                    written
                                                    specifications or
                                                    recommendations for
                                                    installation,
                                                    operation, and
                                                    calibration of the
                                                    system or other
                                                    written procedures
                                                    that provide
                                                    adequate assurance
                                                    that the equipment
                                                    would monitor
                                                    accurately.
63.8(c)(4)....................  No                 Subpart CC specifies
                                                    monitoring frequency
                                                    in Sec.  63.641 and
                                                    Sec.  63.654(g)(3)
                                                    of subpart CC.
63.8(c)(5)-63.8(c)(8).........  No
63.8(d).......................  No
63.8(e).......................  No
63.8(f)(1)....................  Yes
63.8(f)(2)....................  Yes
63.8(f)(3)....................  Yes
63.8(f)(4)(i).................  No                 Timeframe for
                                                    submitting request
                                                    is specified in Sec.
                                                      63.654(f)(4) of
                                                    subpart CC.
63.8(f)(4)(ii)................  Yes
63.8(f)(4)(iii)...............  No
63.8(f)(5)(i).................  Yes
63.8(f)(5)(ii)................  No
63.8(f)(5)(iii)...............  Yes
63.8(f)(6)....................  No                 Subpart CC does not
                                                    require continuous
                                                    emission monitors.
63.8(g).......................  No                 Subpart CC specifies
                                                    data reduction
                                                    procedures in Sec.
                                                    63.654(h)(3).
63.9(a).......................  Yes                Except that the owner
                                                    or operator does not
                                                    need to send a copy
                                                    of each notification
                                                    submitted to the
                                                    Regional Office of
                                                    the EPA as stated in
                                                    Sec.
                                                    63.9(a)(4)(ii).
63.9(b)(1)(i).................  No                 Specified in Sec.
                                                    63.654(d)(2) of
                                                    subpart CC.
63.9(b)(1)(ii)................  No
63.9(b)(2)....................  No                 An initial
                                                    notification report
                                                    is not required
                                                    under subpart CC.
63.9(b)(3)....................  No
63.9(b)(4)....................  Yes                Except that the
                                                    notification in Sec.
                                                      63.9(b)(4)(i)
                                                    shall be submitted
                                                    at the time
                                                    specified in Sec.
                                                    63.654(d)(2) of
                                                    subpart CC.
63.9(b)(5)....................  Yes                Except that the
                                                    notification in Sec.
                                                      63.9(b)(5) shall
                                                    be submitted at the
                                                    time specified in
                                                    Sec.  63.654(d)(2)
                                                    of subpart CC.
63.9(c).......................  Yes
63.9(d).......................  Yes
63.9(e).......................  No
63.9(f).......................  No
63.9(g).......................  No
63.9(h).......................  No                 Subpart CC Sec.
                                                    63.652(d) specifies
                                                    notification of
                                                    compliance status
                                                    report requirements.
63.9(i).......................  Yes
63.9(j).......................  No
63.10(a)......................  Yes

[[Page 91]]

 
63.10(b)(1)...................  No                 Sec.  63.644(d) of
                                                    subpart CC specifies
                                                    record retention
                                                    requirements.
63.10(b)(2)(i)................  Yes
63.10(b)(2)(ii)...............  Yes
63.10(b)(2)(iii)..............  No
63.10(b)(2)(iv)...............  Yes
63.10(b)(2)(v)................  Yes
63.10(b)(2)(vi)-(ix)..........  No
63.10(b)(2)(x)................  Yes
63.10(b)(2)(xii)-(xiv)........  No
63.10(b)(3)...................  No
63.10(c)......................  No
63.10(d)(1)...................  No
63.10(d)(2)...................  No                 Sec.  63.654(d) of
                                                    subpart CC specifies
                                                    performance test
                                                    reporting.
63.10(d)(3)...................  No
63.10(d)(4)...................  Yes
63.10(d)(5)(i)................  Yes \b\            Except that reports
                                                    required by Sec.
                                                    63.10(d)(5)(i) may
                                                    be submitted at the
                                                    same time as
                                                    periodic reports
                                                    specified in Sec.
                                                    63.654(e) of subpart
                                                    CC.
63.10(d)(5)(ii)...............  Yes                Except that actions
                                                    taken during a
                                                    startup, shutdown,
                                                    or malfunction that
                                                    are not consistent
                                                    with the startup,
                                                    shutdown, and
                                                    malfunction plan do
                                                    not need to be
                                                    reported within 2
                                                    and 7 days of
                                                    commencing and
                                                    completing the
                                                    action,
                                                    respectively, but
                                                    must be included in
                                                    the next periodic
                                                    report.
63.10(e)......................  No
63.10(f)......................  Yes
63.11-63.15...................  Yes
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.
\b\ The plan, and any records or reports of startup, shutdown, and
  malfunction do not apply to Group 2 emission points.


  Table 7--Fraction Measured (Fm), Fraction Emitted (Fe), and Fraction
          Removed (Fr) for HAP Compounds in Wastewater Streams
------------------------------------------------------------------------
                                           CAS No.
              Chemical name                  \a\       Fm     Fe     Fr
------------------------------------------------------------------------
Benzene.................................      71432   1.00   0.80   0.99
Biphenyl................................      92524   0.86   0.45   0.99
Butadiene (1,3-)........................     106990   1.00   0.98   0.99
Carbon disulfide........................      75150   1.00   0.92   0.99
Cumene..................................      98828   1.00   0.88   0.99
Dichloroethane (1,2-) (Ethylene              107062   1.00   0.64   0.99
 dichloride)............................
Ethylbenzene............................     100414   1.00   0.83   0.99
Hexane..................................     110543   1.00   1.00   0.99
Methanol................................      67561   0.85   0.17   0.31
Methyl ethyl ketone (2-Butanone)........      78933   0.99   0.48   0.95
Methyl isobutyl ketone (Hexone).........     108101   0.98   0.53   0.99
Methyl tert-butyl ether.................    1634044   1.00   0.57   0.99
Naphthalene.............................      91203   0.99   0.51   0.99
Trimethylpentane (2,2,4-)...............     540841   1.00   1.00   0.99
Xylene (m-).............................     108383   1.00   0.82   0.99
Xylene (o-).............................      95476   1.00   0.79   0.99
Xylene (p-).............................     106423   1.00   0.82   0.99
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


            Table 8--Valve Monitoring Frequency for Phase III
------------------------------------------------------------------------
       Performance level
--------------------------------        Valve monitoring frequency
     Leaking valves \a\ (%)
------------------------------------------------------------------------
=4..................  Monthly or QIP. \b\
<4.............................  Quarterly.
<3.............................  Semiannual.

[[Page 92]]

 
<2.............................  Annual.
------------------------------------------------------------------------
\a\ Percent leaking valves is calculated as a rolling average of two
  consecutive monitoring periods.
\b\ QIP=Quality improvement program. Specified in Sec.  63.175 of
  subpart H of this part.


           Table 9--Valve Monitoring Frequency for Alternative
------------------------------------------------------------------------
       Performance level
--------------------------------  Valve monitoring frequency under Sec.
     Leaking valves \a\ (%)                 63.649 alternative
------------------------------------------------------------------------
=5..................  Monthly or QIP. \b\
<5.............................  Quarterly.
<4.............................  Semiannual.
<3.............................  Annual.
------------------------------------------------------------------------
\a\ Percent leaking valves is calculated as a rolling average of two
  consecutive monitoring periods.
\b\ QIP=Quality improvement program. Specified in Sec.  63.175 of
  subpart H of this part.


  Table 10--Miscellaneous Process Vents--Monitoring, Recordkeeping and
Reporting Requirements for Complying With 98 Weight-Percent Reduction of
Total Organic HAP Emissions or a Limit of 20 Parts Per Million by Volume
------------------------------------------------------------------------
                                                     Recordkeeping and
                                 Parameters to be        reporting
        Control device            monitored \a\       requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal incinerator...........  Firebox            1. Continuous records
                                 temperature \b\    \c\.
                                 (63.644(a)(1)(i)
                                 ).
                                                   2. Record and report
                                                    the firebox
                                                    temperature averaged
                                                    over the full period
                                                    of the performance
                                                    test--NCS \d\.
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day \e\.
                                                   4. Report all daily
                                                    average temperatures
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\--PR
                                                    \g\.
Catalytic incinerator.........  Temperature        1. Continuous records
                                 upstream and       \c\.
                                 downstream of
                                 the catalyst bed
                                 (63.644(a)(1)(ii
                                 )).
                                                   2. Record and report
                                                    the upstream and
                                                    downstream
                                                    temperatures and the
                                                    temperature
                                                    difference across
                                                    the catalyst bed
                                                    averaged over the
                                                    full period of the
                                                    performance test--
                                                    NCS \d\.
                                                   3. Record the daily
                                                    average upstream
                                                    temperature and
                                                    temperature
                                                    difference across
                                                    the catalyst bed for
                                                    each operating day
                                                    \e\.
                                                   4. Report all daily
                                                    average upstream
                                                    temperatures that
                                                    are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR \g\.
                                                   5. Report all daily
                                                    average temperature
                                                    differences across
                                                    the catalyst bed
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR \g\.
                                                   6. Report all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\.
Boiler or process heater with   Firebox            1. Continuous records
 a design heat capacity less     temperature \b\    \c\.
 than 44 megawatts where the     (63.644(a)(4)).
 vent stream is not introduced
 into the flame zone \h,i\.
                                                   2. Record and report
                                                    the firebox
                                                    temperature averaged
                                                    over the full period
                                                    of the performance
                                                    test--NCS \d\.
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day \e\.
                                                   4. Report all daily
                                                    average firebox
                                                    temperatures that
                                                    are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\--PR
                                                    \g\.
Flare.........................  Presence of a      1. Hourly records of
                                 flame at the       whether the monitor
                                 pilot light        was continuously
                                 (63.644(a)(2)).    operating and
                                                    whether a pilot
                                                    flame was
                                                    continuously present
                                                    during each hour.

[[Page 93]]

 
                                                   2. Record and report
                                                    the presence of a
                                                    flame at the pilot
                                                    light over the full
                                                    period of the
                                                    compliance
                                                    determination--NCS
                                                    \d\.
                                                   3. Record the times
                                                    and durations of all
                                                    periods when all
                                                    pilot flames for a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
                                                   4. Report the times
                                                    and durations of all
                                                    periods when all
                                                    pilot flames for a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
All control devices...........  Presence of flow   1. Hourly records of
                                 diverted to the    whether the flow
                                 atmosphere from    indicator was
                                 the control        operating and
                                 device             whether flow was
                                 (63.644(c)(1))     detected at any time
                                 or.                during each hour.
                                                   2. Record and report
                                                    the times and
                                                    durations of all
                                                    periods when the
                                                    vent stream is
                                                    diverted through a
                                                    bypass line or the
                                                    monitor is not
                                                    operating--PR \g\.
                                Monthly            1. Records that
                                 inspections of     monthly inspections
                                 sealed valves      were performed.
                                 [63.644(c)(2)].
                                                   2. Record and report
                                                    all monthly
                                                    inspections that
                                                    show the valves are
                                                    not closed or the
                                                    seal has been
                                                    changed--PR \g\.
------------------------------------------------------------------------
\a\ Regulatory citations are listed in parentheses.
\b\ Monitor may be installed in the firebox or in the ductwork
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
\c\ ``Continuous records'' is defined in Sec.  63.641.
\d\ NCS = Notification of compliance status report described in Sec.
  63.654.
\e\ The daily average is the average of all recorded parameter values
  for the operating day. If all recorded values during an operating day
  are within the range established in the NCS or operating permit, a
  statement to this effect can be recorded instead of the daily average.
\f\ When a period of excess emission is caused by insufficient
  monitoring data, as described in Sec.  63.654(g)(6)(i) (C) or (D),
  the duration of the period when monitoring data were not collected
  shall be included in the Periodic Report.
\g\ PR = Periodic Reports described in Sec.  63.654(g).
\h\ No monitoring is required for boilers and process heaters with a
  design heat capacity =44 megawatts or for boilers and
  process heaters where all vent streams are introduced into the flame
  zone. No recordkeeping or reporting associated with monitoring is
  required for such boilers and process heaters.
\i\ Process vents that are routed to refinery fuel gas systems are not
  regulated under this subpart. No monitoring, recordkeeping, or
  reporting is required for boilers and process heaters that combust
  refinery fuel gas.


[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, 29882, June 12, 
1996; 63 FR 44142, 44143, Aug. 18, 1998]



Subpart DD_National Emission Standards for Hazardous Air Pollutants from 

                 Off-Site Waste and Recovery Operations

    Source: 61 FR 34158, July 1, 1996, unless otherwise noted.



Sec. 63.680  Applicability and designation of affected sources.

    (a) The provisions of this subpart apply to the owner and operator 
of a plant site for which both of the conditions specified in paragraphs 
(a)(1) and (a)(2) of this section are applicable. If either one of these 
conditions does not apply to the plant site, then the owner and operator 
of the plant site are not subject to the provisions of this subpart.
    (1) The plant site is a major source of hazardous air pollutant 
(HAP) emissions as defined in 40 CFR 63.2.
    (2) At the plant site is located one or more of operations that 
receives off-site materials as specified in paragraph (b) of this 
section and the operations is one of the following waste management 
operations or recovery operations as specified in paragraphs (a)(2)(i) 
through (a)(2)(vi) of this section.
    (i) A waste management operation that receives off-site material and 
the operation is regulated as a hazardous waste treatment, storage, and 
disposal facility (TSDF) under either 40 CFR part 264 or part 265.
    (ii) A waste management operation that treats wastewater which is an 
off-site material and the operation is exempted from regulation as a 
hazardous

[[Page 94]]

waste treatment, storage, and disposal facility under 40 CFR 264.1(g)(6) 
or 40 CFR 265.1(c)(10).
    (iii) A waste management operation that treats wastewater which is 
an off-site material and the operation meets both of the following 
conditions:
    (A) The operation is subject to regulation under either section 402 
or 307(b) of the Clean Water Act but is not owned by a ``state'' or 
``municipality'' as defined by section 502(3) and 502(4), respectively, 
of the Clean Water Act; and
    (B) The treatment of wastewater received from off-site is the 
predominant activity performed at the plant site.
    (iv) A recovery operation that recycles or reprocesses hazardous 
waste which is an off-site material and the operation is exempted from 
regulation as a hazardous waste treatment, disposal, and storage 
facility under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6).
    (v) A recovery operation that recycles or reprocesses used solvent 
which is an off-site material and the operation is not part of a 
chemical, petroleum, or other manufacturing process that is required to 
use air emission controls by another subpart of 40 CFR part 63 or 40 CFR 
part 61.
    (vi) A recovery operation that re-refines or reprocesses used oil 
which is an off-site material and the operation is regulated under 40 
CFR 279 subpart F--Standards for Used Oil Processors and Refiners.
    (b) For the purpose of implementing this subpart, an off-site 
material is a material that meets all of the criteria specified in 
paragraph (b)(1) of this section but is not one of the materials 
specified in paragraph (b)(2) of this section.
    (1) An off-site material is a material that meets all of the 
criteria specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section. If any one of these criteria do not apply to the material, then 
the material is not an off-site material subject to this subpart.
    (i) The material is a waste, used oil, or used solvent as defined in 
Sec. 63.681 of this subpart;
    (ii) The waste, used oil, or used solvent is not produced or 
generated within the plant site, but the material is delivered, 
transferred, or otherwise moved to the plant site from a location 
outside the boundaries of the plant site; and
    (iii) The waste, used oil, or used solvent contains one or more of 
the hazardous air pollutants (HAP) listed in Table 1 of this subpart 
based on the composition of the material at the point-of-delivery, as 
defined in Sec. 63.681 of this subpart.
    (2) For the purpose of implementing this subpart, the following 
materials are not off-site materials:
    (i) Household waste as defined in 40 CFR 258.2.
    (ii) Radioactive mixed waste managed in accordance with all 
applicable regulations under Atomic Energy Act and Nuclear Waste Policy 
Act authorities.
    (iii) Waste that is generated as a result of implementing remedial 
activities required under the Resource Conservation and Recovery Act 
(RCRA) corrective action authorities (RCRA sections 3004(u), 3004(v), or 
3008(h)), Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) authorities, or similar Federal or State 
authorities.
    (iv) Waste containing HAP that is generated by residential 
households (e.g., old paint, home garden pesticides) and subsequently is 
collected as a community service by government agencies, businesses, or 
other organizations for the purpose of promoting the proper disposal of 
this waste.
    (v) Waste that is transferred from a chemical manufacturing plant or 
other facility for which both of the following conditions apply to the 
waste:
    (A) The management of the waste at the facility is required either 
under part 63 subpart F--National Emission Standards for Organic 
Hazardous Air Pollutants from the Synthetic Organic Chemical 
Manufacturing Industry or under another subpart in 40 CFR part 63 to 
meet the air emission control standards for process wastewater specified 
in 40 CFR 63.132 through 63.147; and
    (B) The owner or operator of the facility from which the waste is 
transferred has complied with the provisions of 40 CFR 63.132(g)(1)(ii) 
and (g)(2).

[[Page 95]]

    (vi) Waste that is transferred from a chemical manufacturing plant, 
petroleum refinery, or coke by-product recovery plant which is subject 
to 40 CFR part 61, subpart FF--National Emission Standards for Benzene 
Waste Operations, and for which both of the following conditions apply 
to the waste:
    (A) The waste is generated at a facility that is not exempted under 
the provisions of 40 CFR 61.342(a) from meeting the air emission control 
standards of 40 CFR part 61, subpart FF; and
    (B) The owner or operator of the facility from which the waste is 
transferred has complied with the provisions of 40 CFR 61.342(f)(2).
    (vii) Ship ballast water pumped from a ship to an onshore wastewater 
treatment facility.
    (viii) Hazardous waste that is stored for 10 days or less at a 
transfer facility in compliance with the provisions of 40 CFR 263.12.
    (c) Affected sources--(1) Off-site material management units. For 
each operation specified in paragraphs (a)(2)(i) through (a)(2)(vi) of 
this section that is located at the plant site, the affected source is 
the entire group of off-site material management units associated with 
the operation. An off-site material management unit is a tank, 
container, surface impoundment, oil-water separator, organic-water 
separator, or transfer system used to manage off-site material. For the 
purpose of implementing the standards under this subpart, a unit that 
meets the definition of a tank or container but also is equipped with a 
vent that serves as a process vent for any of the processes listed in 
paragraphs (c)(2)(i) through (c)(2)(vi) of this section is not an off-
site material management unit but instead is a process vent and is to be 
included in the appropriate affected source group under paragraph (c)(2) 
of this section. Examples of such a unit may include, but are not 
limited to, a distillate receiver vessel, a primary condenser, a bottoms 
receiver vessel, a surge control tank, a separator tank, and a hot well.
    (2) Process vents. For each operation specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site, the affected source is the entire group of process equipment 
associated with the process vents for the processes listed in paragraphs 
(c)(2)(i) through (c)(2)(vi) of this section.
    (i) Distillation process used for the treatment, recycling, or 
recovery of off-site material. Distillation means a process, either 
batch or continuous, separating one or more off-site material feed 
streams into two or more exit streams having different component 
concentrations from those in the feed stream or streams. The separation 
is achieved by the redistribution of the components between the liquid 
and vapor phases as they approach equilibrium within the distillation 
unit.
    (ii) Fractionation process used for the treatment, recycling, or 
recovery of off-site material. Fractionation means a liquid mixture 
separation process or method used to separate a mixture of several 
volatile components of different boiling points in successive stages, 
each stage removing from the mixture some proportion of one of the 
components.
    (iii) Thin-film evaporation process used for the treatment, 
recycling, or recovery of off-site material. Thin-film evaporation means 
a liquid mixture separation process or method that uses a heating 
surface consisting of a large diameter tube that may be either straight 
or tapered, horizontal or vertical. Liquid is spread on the tube wall by 
a rotating assembly of blades that maintain a close clearance from the 
wall or actually ride on the film of liquid on the wall.
    (iv) Solvent extraction process used for the treatment, recycling, 
or recovery of off-site material. Solvent extraction means a separation 
process or method in which a solid or a solution is contacted with a 
liquid solvent (the material and the solvent being relatively insoluble 
in each other) to preferentially dissolve and transfer one or more 
components into the solvent.
    (v) Steam stripping process used for the treatment, recycling, or 
recovery of off-site material. Steam stripping means a liquid mixture 
separation process or method in which vaporization of the volatile 
components of a liquid mixture occurs by the introduction of steam 
directly into the process.

[[Page 96]]

    (vi) Gas stripping process used for the treatment, recycling, or 
recovery of off-site material. Gas stripping means a desorption process 
or method used to transfer one or more volatile components from a liquid 
mixture into a gas stream either with or without the application of heat 
to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or 
valve-type plate towers are examples of the process configurations used 
for contacting the gas and a liquid.
    (3) Equipment leaks. For each operation specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site, the affected source is the entire group of equipment 
components for which each component meets all of the conditions 
specified in paragraphs (c)(3)(i) through (c)(3)(iii) of this section. 
If any one of these conditions do not apply to an equipment component, 
then that component is not part of the affected source for equipment 
leaks.
    (i) The equipment component is a pump, compressor, agitator, 
pressure relief device, sampling connection system, open-ended valve or 
line, valve, connector, or instrumentation system;
    (ii) The equipment component contains or contacts off-site material 
having a total HAP concentration equal to or greater than 10 percent by 
weight; and
    (iii) The equipment component is intended to operate for 300 hours 
or more during a calendar year in off-site material service, as defined 
in Sec. 63.681 of this subpart.
    (d) Facility-wide exemption. The owner or operator of affected 
sources subject to this subpart is exempted from the requirements of 
Sec. Sec. 63.682 through 63.699 of this subpart in situations when the 
total annual quantity of the HAP that is contained in the off-site 
material received at the plant site is less than 1 megagram per year. 
For a plant site to be exempted under the provisions of this paragraph 
(d), the owner or operator must meet the requirements in paragraphs 
(d)(1) through (d)(3) of this section.
    (1) The owner or operator must prepare an initial determination of 
the total annual HAP quantity in the off-site material received at the 
plant site. This determination is based on the total quantity of the HAP 
listed in Table 1 of this subpart as determined at the point-of-delivery 
for each off-site material stream.
    (2) The owner or operator must prepare a new determination whenever 
the extent of changes to the quantity or composition of the off-site 
material received at the plant site could cause the total annual HAP 
quantity in the off-site material received at the plant site to exceed 
the limit of 1 megagram per year.
    (3) The owner or operator must maintain documentation to support the 
owner's or operator's determination of the total annual HAP quantity in 
the off-site material received at the plant site. This documentation 
must include the basis and data used for determining the HAP content of 
the off-site material.
    (e) Compliance dates--(1) Existing sources. The owner or operator of 
an affected source that commenced construction or reconstruction before 
October 13, 1994, must achieve compliance with the provisions of this 
subpart on or before the date specified in paragraph (e)(1)(i) or 
(e)(1)(ii) of this section as applicable to the affected source.
    (i) For an affected source that commenced construction or 
reconstruction before October 13, 1994 and receives off-site material 
for the first time before February 1, 2000, the owner or operator of 
this affected source must achieve compliance with the provisions of the 
subpart on or before February 1, 2000 unless an extension has been 
granted by the Administrator as provided in 40 CFR 63.6(i).
    (ii) For an affected source that commenced construction or 
reconstruction before October 13, 1994, but receives off-site material 
for the first time on or after February 1, 2000, the owner or operator 
of the affected source must achieve compliance with the provisions of 
this subpart upon the first date that the affected source begins to 
manage off-site material.
    (2) New sources. The owner or operator of an affected source for 
which construction or reconstruction commences on or after October 13, 
1994,

[[Page 97]]

must achieve compliance with the provisions of this subpart on or before 
July 1, 1996, or upon initial startup of operations, whichever date is 
later as provided in 40 CFR 63.6(b).
    (f) The provisions of 40 CFR part 63, subpart A--General Provisions 
that apply and those that do not apply to this subpart are specified in 
Table 2 of this subpart.

[61 FR 34158, July 1, 1996, as amended at 65 FR 38963, July 20, 1999]



Sec. 63.681  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in this section, 40 CFR 63.2 of this part, and the Act.
    Boiler means an enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of hard-piping, ductwork, connections, and, if 
necessary, fans, blowers, or other flow-inducing devices that conveys 
gas or vapor from an emission point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air pollutant emissions to the 
atmosphere by blocking an opening in a cover when the device is secured 
in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of 
containers include but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as ``portable tanks'' or 
``totes'', cargo tank trucks, and tank rail cars.
    Continuous record means documentation of data values measured at 
least once every 15 minutes and recorded at the frequency specified in 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minutes or more frequent block averages.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Control device means equipment used for recovering, removing, 
oxidizing, or destroying organic vapors. Examples of such equipment 
include but are not limited to carbon adsorbers, condensers, vapor 
incinerators, flares, boilers, and process heaters.
    Cover means a device or system that provides a continuous barrier 
over the material managed in an off-site material management unit to 
prevent or reduce air pollutant emissions to the atmosphere. A cover may 
have openings needed for operation, inspection, sampling, maintenance, 
and repair of the unit provided that each opening is closed when not in 
use (e.g., access hatches, sampling ports). A cover may be a separate 
piece of equipment which can be detached and removed from the unit or a 
cover may be formed by structural features permanently integrated into 
the design of the unit.
    Emission point means an individual tank, surface impoundment, 
container, oil-water or organic-water separator, transfer system, 
process vent, or enclosure.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapor through a closed vent system to a control device.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a tank with no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which

[[Page 98]]

rests upon and is supported by the liquid being contained, and is 
equipped with a continuous seal.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow in a bypass line.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    Hazardous air pollutants or HAP means the specific organic chemical 
compounds, isomers, and mixtures listed in Table 1 of this subpart.
    Hazardous waste means a waste that is determined to be hazardous 
under the Resource Conservation and Recovery Act (PL 94-580) (RCRA), as 
implemented by 40 CFR parts 260 and 261.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes hard-piping, all drains and 
junction boxes, together with their associated sewer lines and other 
junction boxes (e.g., manholes, sumps, and lift stations) conveying 
wastewater streams or residuals. For the purpose of this subpart, an 
individual drain system is not a drain and collection system that is 
designed and operated for the sole purpose of collecting rainfall runoff 
(e.g., stormwater sewer system) and is segregated from all other 
individual drain systems.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it inside a 
tank that has a fixed roof).
    Light-material service means the container is used to manage an off-
site material for which both of the following conditions apply: the 
vapor pressure of one or more of the organic constituents in the off-
site material is greater than 0.3 kilopascals (kPa) at 20 [deg]C; and 
the total concentration of the pure organic constituents having a vapor 
pressure greater than 0.3 kPa at 20 [deg]C is equal to or greater than 
20 percent by weight.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal 
mounted in contact with the liquid in a unit.
    Maximum HAP vapor pressure means the sum of the individual HAP 
equilibrium partial pressure exerted by an off-site material at the 
temperature equal to either: the local maximum monthly average 
temperature as reported by the National Weather Service when the off-
site material is stored or treated at ambient temperature; or the 
highest calendar-month average temperature of the off-site material when 
the off-site material is stored at temperatures above the ambient 
temperature or when the off-site material is stored or treated at 
temperatures below the ambient temperature. For the purpose of this 
subpart, maximum HAP vapor pressure is determined using the procedures 
specified in Sec. 63.694(j) of this subpart.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the tank by 
springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec. 
63.694(k) of this subpart.
    Off-site material means a material that meets all of the criteria 
specified in paragraph Sec. 63.680(b)(1) of this subpart but is not one 
of the materials specified in Sec. 63.680(b)(2) of this subpart.
    Off-site material management unit means a tank, container, surface 
impoundment, oil-water separator, organic-water separator, or transfer 
system used to manage off-site material.
    Off-site material service means any time when a pump, compressor, 
agitator, pressure relief device, sampling connection system, open-ended 
valve or line, valve, connector, or instrumentation system contains or 
contacts off-site material.
    Off-site material stream means an off-site material produced or 
generated by a particular process or source such that the composition 
and form of the material comprising the stream remain consistent. An 
off-site material stream

[[Page 99]]

may be delivered, transferred, or otherwise moved to the plant site in a 
continuous flow of material (e.g., wastewater flowing through a 
pipeline) or in a series of discrete batches of material (e.g., a 
truckload of drums all containing the same off-site material or multiple 
bulk truck loads of an off-site material produced by the same process).
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Operating parameter value means a minimum or maximum value 
established for a control device or treatment process parameter which, 
if achieved by itself or in combination with one or more other operating 
parameter values, determines that an owner or operator has complied with 
an applicable emission limitation or standard.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Plant site means all contiguous or adjoining property that is under 
common control including properties that are separated only by a road or 
other public right-of-way. Common control includes properties that are 
owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof. A unit or group of units within 
a contiguous property that are not under common control (e.g., a 
wastewater treatment unit or solvent recovery unit located at the site 
but is sold to a different company) is a different plant site.
    Point-of-delivery means the point at the boundary or within the 
plant site where the owner or operator first accepts custody, takes 
possession, or assumes responsibility for the management of an off-site 
material stream managed in a waste management operation or recovery 
operation specified in Sec. 63.680 (a)(2)(i) through (a)(2)(vi) of this 
subpart. The characteristics of an off-site material stream are 
determined prior to combining the off-site material stream with other 
off-site material streams or with any other materials.
    Point-of-treatment means a point after the treated material exits 
the treatment process but before the first point downstream of the 
treatment process exit where the organic constituents in the treated 
material have the potential to volatilize and be released to the 
atmosphere. For the purpose of applying this definition to this subpart, 
the first point downstream of the treatment process exit is not a 
fugitive emission point due to an equipment leak from any of the 
following equipment components: pumps, compressors, valves, connectors, 
instrumentation systems, or safety devices.
    Process heater means an enclosed combustion device that transfers 
heat released by burning fuel directly to process streams or to heat 
transfer liquids other than water.
    Process vent means an open-ended pipe, stack, or duct through which 
a gas stream containing HAP is continuously or intermittently discharged 
to the atmosphere from any of the processes listed in Sec. 
63.680(c)(2)(i) through (c)(2)(vi) of this section. For the purpose of 
this subpart, a process vent is none of the following: a pressure-relief 
vent or other vent that is used as a safety device (as defined in this 
section); an open-ended line or other vent that is subject to the 
equipment leak control requirements under Sec. 63.691 of this subpart; 
or a stack or other vent that is used to exhaust combustion products 
from a boiler, furnace, process heater, incinerator, or other combustion 
device.
    Recovery operation means the collection of off-site material 
management units, process vents, and equipment components used at a 
plant site to manage an off-site material stream from the point-of-
delivery through the point where the material has been recycled, 
reprocessed, or re-refined to obtain the intended product or to remove 
the physical and chemical impurities of concern.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose 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

[[Page 100]]

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 
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.
    Separator means a waste management unit, generally a tank, used to 
separate oil or organics from water. A separator consists of not only 
the separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are 
located directly after the individual drain system and prior to any 
additional treatment units such as an air flotation unit clarifier or 
biological treatment unit. Examples of a separator include, but are not 
limited to, an API separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
    Single-seal system means a floating roof having one continuous seal. 
This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within a waste management operation or recovery operation. 
For the purpose of this subpart, the conveyance of material using a 
container (as defined for this subpart) or a self-propelled vehicle 
(e.g., a front-end loader) is not a transfer system. Examples of a 
transfer system include but are not limited to a pipeline, an individual 
drain system, a gravity-operated conveyor (such as a chute), and a 
mechanically-powered conveyor (such as a belt or screw conveyor).
    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
([deg]C) or 1.2 degrees [deg]C, whichever value is 
greater.
    Treatment process means a process in which an off-site material 
stream is physically, chemically, thermally, or biologically treated to 
destroy, degrade, or remove hazardous air pollutants contained in the 
off-site material. A treatment process can be composed of a single unit 
(e.g., a steam stripper) or a series of units (e.g., a wastewater 
treatment system). A treatment process can be used to treat one or more 
off-site material streams at the same time.
    Used oil means any oil refined from crude oil or any synthetic oil 
that has been used and as a result of such use is contaminated by 
physical or chemical impurities. This definition is the same definition 
of ``used oil'' in 40 CFR 279.1.
    Used solvent means a mixture of aliphatic hydrocarbons or a mixture 
of one and two ring aromatic hydrocarbons that has been used as a 
solvent and as a result of such use is contaminated by physical or 
chemical impurities.
    Vapor-mounted seal means a continuous seal that is mounted such that 
there is a vapor space between the liquid in the unit and the bottom of 
the seal.
    Volatile organic hazardous air pollutant concentration or VOHAP 
concentration means the fraction by weight of those compounds listed in 
Table 1 of this subpart that are in an off-site material as measured 
using Method 305 in appendix

[[Page 101]]

A of this part and expressed in terms of parts per million (ppm). As an 
alternative to using Method 305, an owner or operator may determine the 
HAP concentration of an off-site material using any one of the other 
test methods specified in Sec. 63.694(b)(2)(ii) of this subpart. When a 
test method specified in Sec. 63.694(b)(2)(ii) of this subpart other 
than Method 305 is used to determine the speciated HAP concentration of 
an off-site material, the individual compound concentration may be 
adjusted by the corresponding fm305 value listed in Table 1 
of this subpart to determine a VOHAP concentration.
    Waste means a material generated from industrial, commercial, 
mining, or agricultural operations or from community activities that is 
discarded, discharged, or is being accumulated, stored, or physically, 
chemically, thermally, or biologically treated prior to being discarded 
or discharged.
    Waste management operation means the collection of off-site material 
management units, process vents, and equipment components used at a 
plant site to manage an off-site material stream from the point-of-
delivery to the point where the waste exits or is discharged from the 
plant site or the waste is placed for on-site disposal in a unit not 
subject to this subpart (e.g., a waste incinerator, a land disposal 
unit).
    Waste stabilization process means any physical or chemical process 
used to either reduce the mobility of hazardous constituents in a waste 
or eliminate free liquids as determined by Test Method 9095--Paint 
Filter Liquids Test in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. (As an 
alternative, an owner or operator may use any more recent, updated 
version of Method 9095 approved by the EPA.) A waste stabilization 
process includes mixing the waste with binders or other materials and 
curing the resulting waste and binder mixture. Other synonymous terms 
used to refer to this process are ``waste fixation'' or ``waste 
solidification.'' A waste stabilization process does not include the 
adding of absorbent materials to the surface of a waste, without mixing, 
agitation, or subsequent curing, to absorb free liquid.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38964, July 20, 1999]



Sec. 63.682  [Reserved]



Sec. 63.683  Standards: General.

    (a) The general standards under this section apply to owners and 
operators of affected sources as designated in Sec. 63.680(c) of this 
subpart.
    (b) Off-site material management units. (1) For each off-site 
material management unit that is part of an affected source, the owner 
or operator must meet the requirements in either paragraph (b)(1)(i), 
(b)(1)(ii), or (b)(1)(iii) of this section except for those off-site 
material management units exempted under paragraph (b)(2) of this 
section.
    (i) The owner or operator controls air emissions from the off-site 
material management unit in accordance with the applicable standards 
specified in Sec. Sec. 63.685 through 63.689 of this subpart.
    (ii) The owner or operator removes or destroys HAP in the off-site 
material before placing the material in the off-site material management 
unit by treating the material in accordance with the standards specified 
in Sec. 63.684 of this subpart.
    (iii) The owner or operator determines before placing off-site 
material in the off-site material management unit that the average VOHAP 
concentration of the off-site material is less than 500 parts per 
million by weight (ppmw) at the point-of-delivery. The owner or operator 
must perform an initial determination of the average VOHAP concentration 
of the off-site material using the procedures specified in Sec. 
63.694(b) of this subpart. This initial determination must be performed 
either before the first time any portion of the off-site material stream 
is placed in the unit or by the compliance date, whichever date is 
later. Thereafter, the owner or operator must review and update, as 
necessary, this determination at least once every calendar year 
following the date of the initial determination for the off-site 
material stream.

[[Page 102]]

    (2) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section when the owner or 
operator meets one of the exemptions provided in paragraphs (b)(2)(i) 
through (b)(2)(iv) of this section as applicable to the unit.
    (i) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section if the off-site 
material management unit is also subject to another subpart under 40 CFR 
part 63 or 40 CFR part 61, and the owner or operator is controlling the 
HAP listed in Table 1 of this subpart that are emitted from the unit in 
compliance with the provisions specified in the other applicable subpart 
under part 61 or part 63.
    (ii) At the discretion of the owner or operator, one or a 
combination of off-site material management units may be exempted from 
the requirements in paragraph (b)(1) of this section when these units 
meet the condition that the total annual quantity of HAP contained in 
the off-site material placed in the units exempted under this paragraph 
(b)(2)(ii) is less than 1 megagram per year. For the off-site material 
management units selected by the owner or operator to be exempted from 
the requirements in paragraph (b)(1) of this section, the owner or 
operator must meet the requirements in paragraphs (b)(2)(ii)(A) and 
(b)(2)(ii)(B) of this section. An owner or operator may change the off-
site material management units selected to be exempted under this 
paragraph (b)(2)(ii) by preparing a new designation for the exempt-units 
as required by paragraph (b)(2)(ii)(A) of this section and performing a 
new determination as required by paragraph (b)(2)(ii)(B) of this 
section.
    (A) The owner or operator must designate each of the off-site 
material management units selected by the owner or operator to be exempt 
under paragraph (b)(2)(ii) of this section by either submitting to the 
Administrator a written notification identifying the exempt-units or 
permanently marking the exempt-units at the plant site. If an owner or 
operator chooses to prepare and submit a written notification, this 
notification must include a site plan, process diagram, or other 
appropriate documentation identifying each of the exempt-units. If an 
owner or operator chooses to permanently mark the exempt-units, each 
exempt-unit must be marked in such a manner that it can be readily 
identified as an exempt-unit from the other off-site material management 
units located at the plant site.
    (B) The owner or operator must prepare an initial determination of 
the total annual HAP quantity in the off-site material placed in the 
units exempted under this paragraph (b)(2)(ii). This determination is 
based on the total quantity of the HAP listed in Table 1 of this subpart 
as determined at the point where the off-site material is placed in each 
exempted unit. The owner or operator must perform a new determination 
whenever the extent of changes to the quantity or composition of the 
off-site material placed in the exempted units could cause the total 
annual HAP content in the off-site material to exceed 1 megagram per 
year. The owner or operator must maintain documentation to support the 
most recent determination of the total annual HAP quantity. This 
documentation must include the basis and data used for determining the 
HAP content of the off-site material.
    (iii) A tank or surface impoundment is exempted from the 
requirements in paragraph (b)(1) of this section if the unit is used for 
a biological treatment process that meets the requirements in either 
paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) of this section and the owner 
or operator complies with the monitoring requirements in Sec. 
63.684(e)(4) of this subpart.
    (A) The HAP biodegradation efficiency (Rbio) for the 
biological treatment process is equal to or greater than 95 percent. The 
HAP biodegradation efficiency (Rbio) shall be determined in 
accordance with the requirements of Sec. 63.694(h) of this subpart.
    (B) The total actual HAP mass removal rate (MRbio) for 
the off-site material treated by the biological treatment process is 
equal to or greater than the required HAP mass removal rate (RMR) for 
the off-site material. The total actual HAP mass removal rate 
(MRbio) must be determined in accordance with the 
requirements of

[[Page 103]]

Sec. 63.694(i) of this subpart. The required HAP mass removal rate 
(RMR) must be determined in accordance with the requirements of Sec. 
63.694(e) of this subpart.
    (iv) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section if the off-site 
material placed in the unit is a hazardous waste that meets the 
conditions specified in either paragraph (b)(2)(iv)(A) or (b)(2)(iv)(B) 
of this section.
    (A) The hazardous waste meets the numerical organic concentration 
limits, applicable to the hazardous waste, as specified in 40 CFR part 
268--Land Disposal Restrictions, listed in the table, ``Treatment 
Standards for Hazardous Waste'' in 40 CFR 268.40.
    (B) The organic hazardous constituents in the hazardous waste have 
been treated by the treatment technology established by the EPA for the 
hazardous waste in 40 CFR 268.42(a), or have been removed or destroyed 
by an equivalent method of treatment approved by the EPA under 40 CFR 
268.42(b).
    (v) A tank used for bulk feed of off-site material to a waste 
incinerator is exempted from the requirements specified in paragraph 
(b)(1) of this section if the tank meets all of the conditions specified 
in paragraphs (b)(2)(v)(A) through (b)(2)(v)(C) of this section.
    (A) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--National 
Emission Standards for Benzene Waste Operations for a facility at which 
the total annual benzene quantity from the facility waste is equal to or 
greater than 10 megagrams per year;
    (B) The enclosure and control device serving the tank were installed 
and began operation prior to July 1, 1996; and
    (C) The enclosure is designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into or out of the enclosure by conveyor, vehicles, or other 
mechanical or electrical equipment; or to direct air flow into the 
enclosure. The owner or operator must annually perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure.''
    (c) Process vents. (1) For each process vent that is part of an 
affected source, the owner or operator must meet the requirements in 
either paragraph (c)(1)(i) or (c)(1)(ii) of this section except for 
those process vents exempted under paragraph (c)(2) of this section.
    (i) The owner or operator controls air emissions from the process 
vent in accordance with the standards specified in Sec. 63.690 of this 
subpart.
    (ii) The owner or operator determines before placing off-site 
material in the process equipment associated with the process vent that 
the average VOHAP concentration of the off-site material is less than 
ppmw at the point-of-delivery. The owner or operator must perform an 
initial determination of the average VOHAP concentration of the off-site 
material using the procedures specified in Sec. 63.694(b) of this 
subpart before any portion of the off-site material stream is placed in 
the unit. Thereafter, the owner or operator must review and update, as 
necessary, this determination at least once every calendar year 
following the date of the initial determination for the off-site 
material stream.
    (2) A process vent is exempted from the requirements of paragraph 
(c)(1) of this section when the owner or operator meets one of the 
exemptions provided in paragraphs (c)(2)(i) through (c)(2)(iii) of this 
section.
    (i) A process vent is exempted from the requirements in paragraph 
(c)(1) of this section if the process vent is also subject to another 
subpart under part 63 or 40 CFR part 61, and the owner or operator is 
controlling the HAP listed in Table 1 of this subpart that are emitted 
from the process vent in compliance with the provisions specified in the 
other applicable subpart under part 61 or part 63.
    (ii) A process vent is exempted from the requirements specified in 
paragraph (c)(1) of this section if the owner

[[Page 104]]

or operator determines that the process vent stream flow rate is less 
than 0.005 cubic meters per minute (m\3\/min) at standard conditions (as 
defined in 40 CFR 63.2). The process vent stream flow rate shall be 
determined in accordance with the procedures specified in Sec. 
63.694(m) of this subpart. Documentation must be prepared by the owner 
or operator and maintained at the plant site to support the 
determination of the process vent stream flow rate. This documentation 
must include identification of each process vent exempted under this 
paragraph and the test results used to determine the process vent stream 
flow rate.
    (iii) A process vent is exempted from the requirements specified in 
paragraph (c)(1) of this section if the owner or operator determines 
that the process vent stream flow rate is less than 6.0 m\3\/min at 
standard conditions (as defined in 40 CFR 63.2) and the total HAP 
concentration is less than 20 ppmv. The process vent stream flow rate 
and total HAP concentration shall be determined in accordance with the 
procedures specified in Sec. 63.694(m) of this subpart. Documentation 
must be prepared by the owner or operator and maintained at the plant 
site to support the determination of the process vent stream flow rate 
and total HAP concentration. This documentation must include 
identification of each process vent exempted under this paragraph 
(c)(2)(iii) and the test results used to determine the process vent 
stream flow rate and total HAP concentration. The owner or operator must 
perform a new determination of the process vent stream flow rate and 
total HAP concentration when the extent of changes to operation of the 
unit on which the process vent is used could cause either the process 
vent stream flow rate to exceed the limit of 6.0 m\3\/min or the total 
HAP concentration to exceed the limit of 20 ppmv.
    (d) Equipment leaks. The owner or operator must control equipment 
leaks from each equipment component that is part of the affected source 
specified in Sec. 63.680(c)(3) of this subpart by implementing leak 
detection and control measures in accordance with the standards 
specified in Sec. 63.691 of this subpart.

[64 FR 38965, July 20, 1999]



Sec. 63.684  Standards: Off-site material treatment.

    (a) The provisions of this section apply to the treatment of off-
site material to remove or destroy HAP for which Sec. 63.683(b)(1)(ii) 
of this subpart references the requirements of this section for such 
treatment.
    (b) The owner or operator shall remove or destroy the HAP contained 
in off-site material streams to be managed in the off-site material 
management unit in accordance with Sec. 63.683(b)(1)(ii) of this 
subpart using a treatment process that continuously achieves, under 
normal operations, one or more of the performance levels specified in 
paragraphs (b)(1) through (b)(5) of this section (as applicable to the 
type of treatment process) for the range of off-site material stream 
compositions and quantities expected to be treated.
    (1) VOHAP concentration. The treatment process shall reduce the 
VOHAP concentration of the off-site material using a means, other than 
by dilution, to achieve one of the following performance levels, as 
applicable:
    (i) In the case when every off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or greater 
than 500 ppmw at the point-of-delivery, then the VOHAP concentration of 
the off-site material shall be reduced to a level that is less than 500 
ppmw at the point-of-treatment.
    (ii) In the case when off-site material streams entering the 
treatment process are a mixture of off-site material streams having an 
average VOHAP concentration equal to or greater than 500 ppmw at the 
point-of-delivery with off-site material streams having average VOHAP 
concentrations less than 500 ppmw at the point-of-delivery, then the 
VOHAP concentration of the off-site material must be reduced to a level 
at the point-of-treatment that meets the performance level specified in 
either paragraph (b)(1)(ii)(A) or (B) of this section.
    (A) Less than the VOHAP concentration limit (CR) 
established for the treatment process using the procedure specified in 
Sec. 63.694(d); or
    (B) Less than the lowest VOHAP concentration determined for each of 
the

[[Page 105]]

off-site material streams entering the treatment process as determined 
by the VOHAP concentration of the off-site material at the point-of-
delivery.
    (2) HAP mass removal. The treatment process shall achieve a 
performance level such that the total quantity of HAP actually removed 
from the off-site material stream (MR) is equal to or greater than the 
required mass removal (RMR) established for the off-site material stream 
using the procedure specified in Sec. 63.694(e) of this subpart. The MR 
for the off-site material streams shall be determined using the 
procedures specified in Sec. 63.694(f) of this subpart.
    (3) HAP reduction efficiency. For any treatment process except a 
treatment process that uses biological degradation and is performed in 
an open tank or surface impoundment, the treatment process must achieve 
the applicable performance level specified in either paragraph (b)(3)(i) 
or (b)(3)(ii) of this section.
    (i) In the case when the owner or operator determines that off-site 
material stream entering the treatment process has an average VOHAP 
concentration less than 10,000 ppmw at the point-of-delivery, then the 
treatment process shall achieve a performance level such that the total 
quantity of HAP in the off-site material stream is reduced by 95 percent 
or more. The HAP reduction efficiency (R) for the treatment process 
shall be determined using the procedure specified in Sec. 63.694(g) of 
this subpart. The average VOHAP concentration of the off-site material 
stream at the point-of-delivery shall be determined using the procedure 
specified in Sec. 63.694(b) of this subpart.
    (ii) In the case when the off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or greater 
than 10,000 ppmw at the point-of-delivery, then the treatment process 
shall achieve a performance level such that the total quantity of HAP in 
the off-site material stream is reduced by 95 percent or more, and the 
average VOHAP concentration of the off-site material at the point-of-
treatment is less than 100 parts per million by weight (ppmw). The HAP 
reduction efficiency (R) for the treatment process shall be determined 
using the procedure specified in Sec. 63.694(g) of this subpart. The 
average VOHAP concentration of the off-site material stream at the 
point-of-treatment shall be determined using the procedure specified in 
Sec. 63.694(c) of this subpart.
    (4) Biological degradation performed in an open tank or surface 
impoundment. A treatment process using biological degradation and 
performed in an open tank or surface impoundment must achieve the 
performance level specified in either paragraph (b)(4)(i) or (b)(4)(ii) 
of this section.
    (i) The HAP reduction efficiency (R) for the treatment process is 
equal to or greater than 95 percent, and the HAP biodegradation 
efficiency (Rbio) for the treatment process is equal to or 
greater than 95 percent. The HAP reduction efficiency (R) shall be 
determined using the procedure specified in Sec. 63.694(g) of this 
subpart. The HAP biodegradation efficiency (Rbio) shall be 
determined in accordance with the requirements of Sec. 63.694(h) of 
this subpart.
    (ii) The total quantity of HAP actually removed from the off-site 
material stream by biological degradation (MRbio) shall be 
equal to or greater than the required mass removal (RMR) established for 
the off-site material stream using the procedure specified in Sec. 
63.694(e) of this subpart. The MRbio of the off-site material 
stream shall be determined using the procedures specified in Sec. 
63.694(i) of this subpart.
    (5) Incineration. The treatment process must destroy the HAP 
contained in the off-site material stream using one of the combustion 
devices specified in paragraphs (b)(5)(i) through (b)(5)(iv) of this 
section.
    (i) An incinerator for which the owner or operator has been issued a 
final permit under 40 CFR part 270, and the incinerator is designed and 
operated in accordance with the requirements of 40 CFR part 264, subpart 
O--Incinerators, or
    (ii) An incinerator for which the owner or operator has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O--Incinerators.
    (iii) A boiler or industrial furnace for which the owner or operator 
has been

[[Page 106]]

issued a final permit under 40 CFR part 270, and the combustion unit is 
designed and operated in accordance with the requirements of 40 CFR part 
266, subpart H--Hazardous Waste Burned in Boilers and Industrial 
Furnaces.
    (iv) A boiler or industrial furnace for which the owner or operator 
has certified compliance with the interim status requirements of 40 CFR 
part 266, subpart H Hazardous Waste Burned in Boilers and Industrial 
Furnaces.
    (c) For a treatment process that removes the HAP from the off-site 
material by a means other than thermal destruction or biological 
degradation to achieve one of the performances levels specified in 
paragraph (b)(1), (b)(2), or (b)(3) of this section, the owner or 
operator shall manage the HAP removed from the off-site material in such 
a manner to minimize release of these HAP to the atmosphere, to the 
extent practical. Examples of HAP emission control measures that meet 
the requirements of this paragraph include managing the HAP removed from 
the off-site material in units that use air emission controls in 
accordance with the standards specified in Sec. Sec. 63.685 through 
63.689 of this subpart, as applicable to the unit.
    (d) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall demonstrate that the 
treatment process achieves the selected performance level for the range 
of expected off-site material stream compositions expected to be 
treated. An initial demonstration shall be performed as soon as possible 
but no later than 30 days after first time an owner or operator begins 
using the treatment process to manage off-site material streams in 
accordance with the requirements of either Sec. 63.683(b)(1)(ii) or 
Sec. 63.683(b)(2)(ii) of this subpart as applicable to the affected 
off-site material management unit or process equipment. Thereafter, the 
owner or operator shall review and update, as necessary, this 
demonstration at least once every calendar year following the date of 
the initial demonstration.
    (e) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall ensure that the 
treatment process is achieving the applicable performance requirements 
by continuously monitoring the operation of the process when it is used 
to treat off-site material by complying with paragraphs (e)(1) through 
(e)(3) or, for biological treatment units, paragraph (e)(4) of this 
section:
    (1) A continuous monitoring system shall be installed and operated 
for each treatment that measures operating parameters appropriate for 
the treatment process technology. This system shall include a continuous 
recorder that records the measured values of the selected operating 
parameters. The monitoring equipment shall be installed, calibrated, and 
maintained in accordance with the equipment manufacturer's 
specifications. The continuous recorder shall be a data recording device 
that is capable of recording either an instantaneous data value at least 
once every 15 minutes or an average value for intervals of 15 minutes or 
less.
    (2) For each monitored operating parameter, the owner or operator 
shall establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the treatment process must be operated to 
continuously achieve the applicable performance requirements of this 
section.
    (3) When the treatment process is operating to treat off-site 
material, the owner or operator shall inspect the data recorded by the 
continuous monitoring system on a routine basis and operate the 
treatment process such that the actual value of each monitored operating 
parameter is greater than the minimum operating parameter value or less 
than the maximum operating parameter value, as appropriate, established 
for the treatment process.
    (4) When the treatment process is a biological treatment process 
that is complying with paragraph (b)(4) of this

[[Page 107]]

section, the owner or operator must establish and implement a written 
procedure to monitor the appropriate parameters that demonstrate proper 
operation of the biological treatment unit in accordance with the 
evaluation required in Sec. 63.694(h) of this subpart. The written 
procedure must list the operating parameters that will be monitored and 
state the frequency of monitoring to ensure that the biological 
treatment unit is operating between the minimum operating parameter 
values and maximum operating parameter values to establish that the 
biological treatment unit is continuously achieving the performance 
requirement.
    (f) The owner or operator must maintain records for each treatment 
process in accordance with the requirements of Sec. 63.696(a) of this 
subpart.
    (g) The owner or operator must prepare and submit reports for each 
treatment process in accordance with the requirements of Sec. 63.697(a) 
of this subpart.
    (h) The Administrator may at any time conduct or request that the 
owner or operator conduct testing necessary to demonstrate that a 
treatment process is achieving the applicable performance requirements 
of this section. The testing shall be conducted in accordance with the 
applicable requirements of this section. The Administrator may elect to 
have an authorized representative observe testing conducted by the owner 
or operator.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38967, July 20, 1999; 66 
FR 1266, Jan. 8, 2001; 68 FR 37351, June 23, 2003]



Sec. 63.685  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
emissions from tanks for which Sec. 63.683(b)(1)(i) of this subpart 
references the use of this section for such air emission control.
    (b) The owner or operator shall control air emissions from each tank 
subject to this section in accordance with the following applicable 
requirements:
    (1) For a tank that is part of an existing affected source but the 
tank is not used to manage off-site material having a maximum HAP vapor 
pressure kilopascal (kPa) that is equal to or greater than 76.6 kPa nor 
is the tank used for a waste stabilization process as defined in Sec. 
63.681 of this subpart, the owner or operator shall determine whether 
the tank is required to use either Tank Level 1 controls or Tank Level 2 
controls as specified for the tank by Table 3 of this subpart based on 
the off-site material maximum HAP vapor pressure and the tank's design 
capacity. The owner or operator shall control air emissions from a tank 
required by Table 3 to use Tank Level 1 controls in accordance with the 
requirements of paragraph (c) of this section. The owner or operator 
shall control air emissions from a tank required by Table 3 to use Tank 
Level 2 controls in accordance with the requirements of paragraph (d) of 
this section.
    (2) For a tank that is part of a new affected source but the tank is 
not used to manage off-site material having a maximum HAP vapor pressure 
that is equal to or greater than 76.6 kPa nor is the tank used for a 
waste stabilization process as defined in Sec. 63.681 of this subpart, 
the owner or operator shall determine whether the tank is required to 
use either Tank Level 1 controls or Tank Level 2 controls as specified 
for the tank by Table 4 of this subpart based on the off-site material 
maximum HAP vapor pressure and the tank's design capacity. The owner or 
operator shall control air emissions from a tank required by Table 4 to 
use Tank Level 1 controls in accordance with the requirements of 
paragraph (c) of this section. The owner or operator shall control air 
emissions from a tank required by Table 4 to use Tank Level 2 controls 
in accordance with the requirements of paragraph (d) of this section.
    (3) For a tank that is used for a waste stabilization process, the 
owner or operator shall control air emissions from the tank by using 
Tank Level 2 controls in accordance with the requirements of paragraph 
(d) of this section.
    (4) For a tank that manages off-site material having a maximum HAP 
vapor pressure that is equal to or greater than 76.6 kPa, the owner or 
operator must control air emissions by using one of the tanks specified 
in paragraphs (b)(4)(i) through (b)(4)(iii) of this section.

[[Page 108]]

    (i) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (ii) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (iii) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (c) Owners and operators controlling air emissions from a tank using 
Tank Level 1 controls shall meet the following requirements:
    (1) The owner or operator shall determine the maximum HAP vapor 
pressure for an off-site material to be managed in the tank using Tank 
Level 1 controls before the first time the off-site material is placed 
in the tank. The maximum HAP vapor pressure shall be determined using 
the procedures specified in Sec. 63.694(j) of this subpart. Thereafter, 
the owner or operator shall perform a new determination whenever changes 
to the off-site material managed in the tank could potentially cause the 
maximum HAP vapor pressure to increase to a level that is equal to or 
greater than the maximum HAP vapor pressure limit for the tank design 
capacity category specified in Table 3 or Table 4 of this subpart, as 
applicable to the tank.
    (2) The owner or operator must control air emissions from the tank 
in accordance with the requirements in either paragraph (c)(2)(i), 
(c)(2)(ii), or (c)(2)(iii) of this section, as applicable to the tank.
    (i) The owner or operator controls air emissions from the tank in 
accordance with the provisions specified in subpart 00 of 40 CFR part 
63--National Emission Standards for Tanks--Level 1.
    (ii) As an alternative to meeting the requirements in paragraph 
(c)(2)(i) of this section, an owner or operator may control air 
emissions from the tank in accordance with the provisions for Tank Level 
2 controls as specified in paragraph (d) of this section.
    (iii) As an alternative to meeting the requirements in paragraph 
(c)(2)(i) of this section when a tank is used as an interim transfer 
point to transfer off-site material from containers to another off-site 
material management unit, an owner or operator may control air emissions 
from the tank in accordance with the requirements in paragraphs 
(c)(2)(iii)(A) and (c)(2)(iii)(B) of this section. An example of such a 
tank is an in-ground tank into which organic-contaminated debris is 
dumped from roll-off boxes or dump trucks, and then this debris is 
promptly transferred from the tank to a macroencapsulation unit by a 
backhoe.
    (A) During those periods of time when the material transfer activity 
is occurring, the tank may be operated without a cover.
    (B) At all other times, air emissions from the tank must be 
controlled in accordance with the provisions specified in 40 CFR part 
67, subpart 00--National Emission Standards for Tanks--Level 1.
    (d) Owners and operators controlling air emissions from a tank using 
Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who elects to control air emissions from a 
tank using a fixed-roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof

[[Page 109]]

in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal or 
a metallic shoe seal, as defined in Sec. 63.681 of this subpart; or
    (B) Two continuous seals mounted one above the other. The lower seal 
may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim spaces vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim exceeds the manufacturer's 
recommended setting.
    (3) The owner or operator shall inspect the internal floating roof 
in accordance with the procedures specified in Sec. 63.695(b) of this 
subpart.
    (f) The owner or operator who elects to control tank emissions by 
using an external floating roof shall meet the requirements specified in 
paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof in 
accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec. 63.681 of this subpart. The total area of 
the gaps between the tank wall and the primary seal shall not exceed 212 
square centimeters (cm2) per meter of tank diameter, and the width of 
any portion of these gaps shall not exceed 3.8 centimeters (cm). If a 
metallic shoe seal is used for the primary seal, the metallic shoe seal 
shall be designed so that one end extends into the liquid in the tank 
and the other end extends a vertical distance of at least 61 centimeters 
(24 inches) above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the secondary 
seal shall

[[Page 110]]

not exceed 21.2 square centimeters (cm\2\) per meter of tank diameter, 
and the width of any portion of these gaps shall not exceed 1.3 
centimeters (cm).
    (iii) The external floating roof shall be meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped with 
a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float wells shall be equipped 
with covers designed to be bolted or fastened when the cover is secured 
in the closed position.
    (D) Each automatic bleeder vent and each rim space vents shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the tank 
shall be equipped with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the surface from the atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be secured and 
maintained in a closed position at all times except when the closure 
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall be 
bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the pressure 
beneath the rim seal exceeds the manufacturer's recommended setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the tank in a continuous fashion except during inspections.
    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified in Sec. 63.695(b) of this 
subpart.
    (g) The owner or operator who controls tank air emissions by venting 
to a control device shall meet the requirements specified in paragraphs 
(g)(1) through (g)(3) of this section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank.
    (ii) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible

[[Page 111]]

cracks, holes, gaps, or other open spaces in the closure device or 
between the perimeter of the cover opening and the closure device. If 
the pressure in the vapor headspace underneath the fixed roof is equal 
to or greater than atmospheric pressure when the control device is 
operating, the closure device shall be designed to operate with no 
detectable organic emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the off-site material 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the equipment throughout its intended service life. Factors 
to be considered when selecting the materials for and designing the 
fixed roof and closure devices shall include: organic vapor 
permeability, the effects of any contact with the liquid and its vapor 
managed in the tank; the effects of outdoor exposure to wind, moisture, 
and sunlight; and the operating practices used for the tank on which the 
fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 63.693 of this 
subpart.
    (2) Whenever an off-site material is in the tank, the fixed roof 
shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to the 
control device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the following 
times:
    (A) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of the tank.
    (ii) Opening of a safety device, as defined in Sec. 63.681 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (3) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the procedures specified in Sec. 
63.695 of this subpart.
    (h) The owner or operator who elects to control tank air emissions 
by using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec. 63.694(k) of this subpart.
    (3) Whenever an off-site material is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
under either of the following conditions as specified in paragraph 
(h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec. 63.681 of this subpart, is required to avoid an unsafe condition.
    (ii) At those times when purging of inerts from the tank is required 
and the purge stream is routed to a closed-vent system and control 
device designed and operated in accordance with the requirements of 
Sec. 63.693 of this subpart.
    (i) The owner or operator who elects to control air emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, Appendix B. The enclosure may have permanent or temporary 
openings to allow worker

[[Page 112]]

access; passage of material into or out of the enclosure by conveyor, 
vehicles, or other mechanical means; entry of permanent mechanical or 
electrical equipment; or to direct airflow into the enclosure. The owner 
or operator shall perform the verification procedure for the enclosure 
as specified in Section 5.0 to ``Procedure T--Criteria for and 
Verification of a Permanent or Temporary Total Enclosure'' initially 
when the enclosure is first installed and, thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to an 
enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, or 
process heater specified in Sec. 63.693 of this subpart.
    (3) Opening of a safety device, as defined in Sec. 63.681 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (4) The owner or operator shall inspect and monitor the closed-vent 
system and control device as specified in Sec. 63.693.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38968, July 20, 1999; 66 
FR 1266, Jan. 8, 2001]



Sec. 63.686  Standards: Oil-water and organic-water separators.

    (a) The provisions of this section apply to the control of air 
emissions from oil-water separators and organic-water separators for 
which Sec. 63.683(b)(1)(i) of this subpart references the use of this 
section for such air emission control.
    (b) The owner or operator shall control air emissions from each 
separator subject to this section by using one of the following:
    (1) A floating roof in accordance with all applicable provisions 
specified in 40 CFR 63 subpart VV--National Emission Standards for Oil-
Water Separators and Organic-Water Separators. For portions of the 
separator where it is infeasible to install and operate a floating roof, 
such as over a weir mechanism, the owner or operator shall comply with 
the requirements specified in paragraph (b)(2) of this section.
    (2) A fixed-roof that is vented through a closed-vent system to a 
control device in accordance with all applicable provisions specified in 
40 CFR 63 subpart VV--National Emission Standards for Oil-Water 
Separators and Organic-Water Separators.
    (3) A pressurized separator that operates as a closed system in 
accordance with all applicable provisions specified in 40 CFR part 63, 
subpart VV--National Emission Standards for Oil-Water Separators and 
Organic-Water Separators.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



Sec. 63.687  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
emissions from surface impoundments for which Sec. 63.683(b)(1)(i) of 
this subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air emissions from each 
surface impoundment subject to this section by using one of the 
following:
    (1) A floating membrane cover in accordance with the applicable 
provisions specified in 40 CFR 63 subpart QQ--National Emission 
Standards for Surface Impoundments; or
    (2) A cover that is vented through a closed-vent system to a control 
device in accordance with all applicable provisions specified in 40 CFR 
63 subpart QQ--National Emission Standards for Surface Impoundments.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



Sec. 63.688  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
emissions from containers for which Sec. 63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air emissions from each 
container subject to this section in accordance with the following 
requirements, as applicable to the container, except when the special 
provisions for waste stabilization processes specified in paragraph (c) 
of this section apply to the container.
    (1) For a container having a design capacity greater than 0.1 m\3\ 
and less

[[Page 113]]

than or equal to 0.46 m\3\, the owner or operator must control air 
emissions from the container in accordance with the requirements in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) The owner or operator controls air emissions from the container 
in accordance with the standards for Container Level 1 controls as 
specified in 40 CFR part 63, subpart PP--National Emission Standards for 
Containers.
    (ii) As an alternative to meeting the requirements in paragraph 
(b)(1)(i) of this section, an owner or operator may choose to control 
air emissions from the container in accordance with the standards for 
either Container Level 2 controls or Container Level 3 controls as 
specified in subpart PP of this part 63--National Emission Standards for 
Containers.
    (2) For a container having a design capacity greater than 0.46 m\3\ 
and the container is not in light-material service as defined in Sec. 
63.681 of this subpart, the owner or operator must control air emissions 
from the container in accordance with the requirements in either 
paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (3) For a container having a design capacity greater than 0.46 m\3\ 
and the container is in light-material service as defined in Sec. 
63.681 of this subpart, the owner or operator must control air emissions 
from the container in accordance with the requirements in either 
paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (i) The owner or operator controls air emissions from the container 
in accordance with the standards for Container Level 2 controls as 
specified in 40 CFR part 63, subpart PP--National Emission Standards for 
Containers.
    (ii) As an alternative to meeting the requirements in paragraph 
(b)(3)(i) of this section, an owner or operator may choose to control 
air emissions from the container in accordance with the standards for 
Container Level 3 controls as specified in 40 CFR part 63, subpart PP--
National Emission Standards for Containers.
    (c) When a container subject to this subpart and having a design 
capacity greater than 0.1 m\3\ is used for treatment of an off-site 
material by a waste stabilization process as defined in Sec. 63.681 of 
this subpart, the owner or operator shall control air emissions from the 
container at those times during the process when the off-site material 
in the container is exposed to the atmosphere in accordance with the 
standards for Container Level 3 controls as specified in 40 CFR part 63, 
subpart PP--National Emission Standards for Containers.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



Sec. 63.689  Standards: Transfer systems.

    (a) The provisions of this section apply to the control of air 
emissions from transfer systems for which Sec. 63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) For each transfer system that is subject to this section and is 
an individual drain system, the owner or operator shall control air 
emissions in accordance with the standards specified in 40 CFR part 63, 
subpart RR--National Emission Standards for Individual Drain Systems.
    (c) For each transfer system that is subject to this section but is 
not an individual drain system, the owner or operator shall control air 
emissions by using one of the transfer systems specified in paragraphs 
(c)(1) through (c)(3) of this section.
    (1) A transfer system that uses covers in accordance with the 
requirements specified in paragraph (d) of this section.
    (2) A transfer system that consists of continuous hard-piping. All 
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (3) A transfer system that is enclosed and vented through a closed-
vent system to a control device in accordance with the requirements 
specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section.
    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the enclosure is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and

[[Page 114]]

    (ii) The closed-vent system and control device are designed and 
operated in accordance with the requirements of Sec. 63.693 of this 
subpart.
    (d) Owners and operators controlling air emissions from a transfer 
system using covers in accordance with the provisions of paragraph 
(c)(1) of this section shall meet the requirements specified in 
paragraphs (d)(1) through (d)(6) of this section.
    (1) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the off-site material 
as it is conveyed by the transfer system except for the openings at the 
inlet and outlet to the transfer system through which the off-site 
material passes. The inlet and outlet openings used for passage of the 
off-site material through the transfer system shall be the minimum size 
required for practical operation of the transfer system.
    (2) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
joints or between the interface of the cover edge and its mounting.
    (3) Except for the inlet and outlet openings to the transfer system 
through which the off-site material passes, each opening in the 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 opening and the closure device.
    (4) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the off-site material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and 
closure devices shall include: organic vapor permeability; the effects 
of any contact with the material or its vapors conveyed in the transfer 
system; the effects of outdoor exposure to wind, moisture, and sunlight; 
and the operating practices used for the transfer system on which the 
cover is installed.
    (5) Whenever an off-site material is in the transfer system, the 
cover shall be installed with each closure device secured in the closed 
position except as specified in paragraph (d)(5)(i) or (d)(5)(ii) of 
this section.
    (i) Opening of closure devices or removal of the cover is allowed to 
provide access to the transfer system for performing routine inspection, 
maintenance, repair, or other activities needed for normal operations. 
Examples of such activities include those times when a worker needs to 
open a hatch or remove the cover to repair conveyance equipment mounted 
under the cover or to clear a blockage of material inside the system. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable.
    (ii) Opening of a safety device, as defined in Sec. 63.681 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (6) The owner or operator shall inspect the air emission control 
equipment in accordance with the requirements specified in Sec. 63.695 
of this subpart.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38970, July 20, 1999]



Sec. 63.690  Standards: Process vents.

    (a) The provisions of this section apply to the control of air 
emissions from process vents for which Sec. 63.683(c)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator must route the vent stream from each 
affected process vent through a closed-vent system to a control device 
that meets the standards specified in Sec. 63.693 of this subpart. For 
the purpose of complying with this paragraph (b), a primary condenser is 
not a control device; however, a second condenser or other organic 
recovery device that is operated downstream of the primary condenser is 
considered a control device.

[64 FR 38970, July 20, 1999]



Sec. 63.691  Standards: Equipment leaks.

    (a) The provisions of this section apply to the control of air 
emissions

[[Page 115]]

from equipment leaks for which Sec. 63.683(d) references the use of 
this section for such air emissions control.
    (b) The owner or operator shall control the HAP emitted from 
equipment leaks in accordance with the applicable provisions specified 
in either paragraph (b)(1) or (b)(2) of this section.
    (1) The owner or operator controls the HAP emitted from equipment 
leaks in accordance with Sec. 61.242 through Sec. 61.247 in 40 CFR 
part 61, subpart V--National Emission Standards for Equipment Leaks; or
    (2) The owner or operator controls the HAP emitted from equipment 
leaks in accordance with Sec. 63.162 through Sec. 63.182 in subpart 
H--National Emission Standards for Organic Hazardous Air Pollutants from 
Equipment Leaks.

[64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001]



Sec. 63.692  [Reserved]



Sec. 63.693  Standards: Closed-vent systems and control devices.

    (a) The provisions of this section apply to closed-vent systems and 
control devices used to control air emissions for which another standard 
references the use of this section for such air emission control.
    (b) For each closed-vent system and control device used to comply 
with this section, the owner or operator shall meet the following 
requirements:
    (1) The owner or operator must use a closed-vent system that meets 
the requirements specified in paragraph (c) of this section.
    (2) The owner or operator must use a control device that meets the 
requirements specified in paragraphs (d) through (h) of this section as 
applicable to the type and design of the control device selected by the 
owner or operator to comply with the provisions of this section.
    (3) Whenever gases or vapors containing HAP are vented through a 
closed-vent system connected to a control device used to comply with 
this section, the control device must be operating except at those times 
listed in either paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (i) The control device may be bypassed for the purpose of performing 
planned routine maintenance of the closed-vent system or control device 
in situations when the routine maintenance cannot be performed during 
periods that the emission point vented to the control device is 
shutdown. On an annual basis, the total time that the closed-vent system 
or control device is bypassed to perform routine maintenance shall not 
exceed 240 hours per each calendar year.
    (ii) The control device may be bypassed for the purpose of 
correcting a malfunction of the closed-vent system or control device. 
The owner or operator shall perform the adjustments or repairs necessary 
to correct the malfunction as soon as practicable after the malfunction 
is detected.
    (4) The owner or operator must inspect and monitor each closed-vent 
system in accordance with the requirements specified in either paragraph 
(b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator inspects and monitors the closed-vent 
system in accordance with the requirements specified in Sec. 63.695(c) 
of this subpart, and complies with the applicable recordkeeping 
requirements in Sec. 63.696 of this subpart and the applicable 
reporting requirements in Sec. 63.697 of this subpart.
    (ii) As an alternative to meeting the requirements specified in 
paragraph (b)(4)(i) of this section, the owner or operator may choose to 
inspect and monitor the closed-vent system in accordance with the 
requirements under 40 CFR part 63, subpart H--National Emission 
Standards for Organic Hazardous Air Pollutants for Equipment Leaks as 
specified in 40 CFR 63.172(f) through (h), and complies with the 
applicable recordkeeping requirements in 40 CFR 63.181 and the 
applicable reporting requirements in 40 CFR 63.182.
    (5) The owner or operator must monitor the operation of each control 
device in accordance with the requirements specified in paragraphs (d) 
through (h) of this section as applicable to the type and design of the 
control device selected by the owner or operator to comply with the 
provisions of this section.
    (6) The owner or operator shall maintain records for each control 
device in accordance with the requirements of Sec. 63.696 of this 
subpart.

[[Page 116]]

    (7) The owner or operator shall prepare and submit reports for each 
control device in accordance with the requirements of Sec. 63.697 of 
this subpart.
    (8) In the case when an owner or operator chooses to use a design 
analysis to demonstrate compliance of a control device with the 
applicable performance requirements specified in this section as 
provided for in paragraphs (d) through (g) of this section, the 
Administrator may request that the design analysis be revised or amended 
by the owner or operator to correct any deficiencies identified by the 
Administrator. If the owner or operator and the Administrator do not 
agree on the acceptability of using the design analysis (including any 
changes requested by the Administrator) to demonstrate that the control 
device achieves the applicable performance requirements, then the 
disagreement must be resolved using the results of a performance test 
conducted by the owner or operator in accordance with the requirements 
of Sec. 63.694(l) of this subpart. The Administrator may choose to have 
an authorized representative observe the performance test conducted by 
the owner or operator. Should the results of this performance test not 
agree with the determination of control device performance based on the 
design analysis, then the results of the performance test will be used 
to establish compliance with this subpart.
    (c) Closed-vent system requirements.
    (1) The vent stream required to be controlled shall be conveyed to 
the control device by either of the following closed-vent systems:
    (i) A closed-vent system that is designed to operate with no 
detectable organic emissions using the procedure specified in Sec. 
63.694(k) of this subpart; or
    (ii) A closed-vent system that is designed 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 control device is 
operating.
    (2) In situations when the closed-vent system includes bypass 
devices that could be used to divert a vent stream from the closed-vent 
system to the atmosphere at a point upstream of the control device 
inlet, each bypass device must be equipped with either a flow indicator 
as specified in paragraph (c)(2)(i) of this section or a seal or locking 
device as specified in paragraph (c)(2)(ii) of this section. For the 
purpose of complying with this paragraph (c)(2), low leg drains, high 
point bleeds, analyzer vents, open-ended valves or lines, or pressure 
relief valves needed for safety reasons are not subject to the 
requirements of this paragraph (c)(2).
    (i) If a flow indicator is used, the indicator must be installed at 
the entrance to the bypass line used to divert the vent stream from the 
closed-vent system to the atmosphere. The flow indicator must indicate a 
reading at least once every 15 minutes. The owner or operator must 
maintain records of the following information: hourly records of whether 
the flow indicator was operating and whether flow was detected at any 
time during the hour; and records of all periods when flow is detected 
or the flow indicator is not operating.
    (ii) If a seal or locking device is used to comply with paragraph 
(c)(2) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such that 
the bypass device cannot be opened without breaking the seal or removing 
the lock. Examples of such devices include, but are not limited to, a 
car-seal or a lock-and-key configuration valve.
    (d) Carbon adsorption control device requirements.
    (1) The carbon adsorption system must achieve the performance 
specifications in either paragraph (d)(1)(i) or (d)(1)(ii) of this 
section.
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the carbon adsorption system; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total HAP 
listed in Table 1 of this subpart contained in the

[[Page 117]]

vent stream entering the carbon adsorption system.
    (2) The owner or operator must demonstrate that the carbon 
adsorption system achieves the performance requirements in paragraph 
(d)(1) of this section by either performing a performance test as 
specified in paragraph (d)(2)(i) of this section or a design analysis as 
specified in paragraph (d)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec. 63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
information specified in either paragraph (d)(2)(ii)(A) or (d)(2)(ii)(B) 
of this section as applicable to the carbon adsorption system design.
    (A) For a regenerable carbon adsorption system, the design analysis 
shall address the vent stream composition, constituent concentrations, 
flow rate, relative humidity, and temperature and shall establish the 
design exhaust vent stream organic compound concentration, adsorption 
cycle time, number and capacity of carbon beds, type and working 
capacity of activated carbon used for carbon beds, design total 
regeneration steam 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.
    (B) For a nonregenerable carbon adsorption system (e.g., a carbon 
canister), the design analysis shall address the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature and shall establish the design exhaust vent stream 
organic compound concentration, carbon bed capacity, activated carbon 
type and working capacity, and design carbon replacement interval based 
on the total carbon working capacity of the control device and emission 
point operating schedule.
    (3) The owner or operator must monitor the operation of the carbon 
adsorption system in accordance with the requirements of Sec. 63.695(e) 
using one of the continuous monitoring systems specified in paragraphs 
(d)(3)(i) through (iii) of this section. Monitoring the operation of a 
nonregenerable carbon adsorption system (e.g., a carbon canister) using 
a continuous monitoring system is not required when the carbon canister 
or the carbon in the control device is replaced on a regular basis 
according to the requirements in paragraph (d)(4)(iii) of this section.
    (i) For a regenerative-type carbon adsorption system:
    (A) 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
    (B) 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 
accuracy of the temperature monitoring device must be 1 percent of the temperature being measured, expressed 
in degrees Celsius or 5 [deg]C, whichever is 
greater.
    (ii) A continuous monitoring system to measure and record the daily 
average concentration level of organic compounds in the exhaust gas 
stream from the control device. The organic monitoring system must 
comply either with Performance Specification 8 or 9 in 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures other alternative 
operating parameters upon approval of the Administrator as specified in 
40 CFR 63.8(f)(1) through (f)(5) of this part.
    (4) The owner or operator shall manage the carbon used for the 
carbon adsorption system, 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. The

[[Page 118]]

provisions of this paragraph (d)(4)(i) do not apply to a nonregenerable 
carbon adsorption system (e.g., a carbon canister) for which the carbon 
canister or the carbon in the control device is replaced on a regular 
basis according to the requirements in paragraph (d)(4)(iii) of this 
section.
    (ii) The spent carbon removed from the carbon adsorption system must 
be either regenerated, reactivated, or burned in one of the units 
specified in paragraphs (d)(4)(ii)(A) through (d)(4)(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 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 emission standard for hazardous air pollutants under another 
subpart in 40 CFR part 63 or 40 CFR part 61.
    (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 for which the owner or 
operator has designed and operates the incinerator in accordance with 
the interim status 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 for which the owner or 
operator has designed and operates the unit in accordance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (iii) As an alternative to meeting the requirements in paragraphs 
(d)(3) and (d)(4)(i) of this section, an owner or operator of a 
nonregenerable carbon adsorption system may choose to replace on a 
regular basis the carbon canister or the carbon in the control device 
using the procedures in either paragraph (d)(4)(iii)(A) or 
(d)(4)(iii)(B) of this section. For the purpose of complying with this 
paragraph (d)(4)(iii), a nonregenerable carbon adsorption system means a 
carbon adsorption system that does not regenerate the carbon bed 
directly onsite in the control device, such as a carbon canister. The 
spent carbon removed from the nonregenerable carbon adsorption system 
must be managed according to the requirements in paragraph (d)(4)(ii) of 
this section.
    (A) Monitor the concentration level of the organic compounds in the 
exhaust vent from the carbon adsorption system on a regular schedule, 
and when carbon breakthrough is indicated, immediately replace either 
the existing carbon canister with a new carbon canister or replace the 
existing carbon in the control device with fresh carbon. Measurement of 
the concentration level of the organic compounds in the exhaust vent 
stream must be made with a detection instrument that is appropriate for 
the composition of organic constituents in the vent stream and is 
routinely calibrated to measure the organic concentration level expected 
to occur at breakthrough. The monitoring frequency must be daily or at 
an interval no greater than 20 percent of the time required to consume 
the total carbon working capacity established as a requirement of 
paragraph (d)(2)(ii)(B) of this section, whichever is longer.
    (B) Replace either the existing carbon canister with a new carbon 
canister or replace the existing carbon in the control device with fresh 
carbon at a regular, predetermined time interval that is less than the 
design carbon replacement interval established as a requirement of 
paragraph (d)(2)(ii)(B) of this section.
    (e) Condenser control device requirements.
    (1) The condenser must achieve the performance specifications in 
either paragraph (e)(1)(i) or (e)(1)(ii) of this section.

[[Page 119]]

    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the condenser; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total 
HAP, listed in Table 1 of this subpart, contained in the vent stream 
entering the condenser.
    (2) The owner or operator must demonstrate that the condenser 
achieves the performance requirements in paragraph (e)(1) of this 
section by either performing a performance test as specified in 
paragraph (e)(2)(i) of this section or a design analysis as specified in 
paragraph (e)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance tests to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec. 63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
following information: description of the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature; and specification of 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.
    (3) The owner or operator must monitor the operation of the 
condenser in accordance with the requirements of Sec. 63.695(e) of this 
subpart using one of the continuous monitoring systems specified in 
paragraphs (e)(3)(i) through (e)(3)(iii) of this section.
    (i) A continuous parameter monitoring system to measure and record 
the daily average temperature of the exhaust gases from the control 
device. The accuracy of the temperature monitoring device shall be 
1 percent of the temperature being measured, 
expressed in degrees Celsius or 5 [deg]C, 
whichever is greater.
    (ii) A continuous monitoring system to measure and record the daily 
average concentration level of organic compounds in the exhaust gas 
stream from the control device. The organic monitoring system must 
comply either with Performance Specification 8 or 9 in 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures other alternative 
operating parameters upon approval of the Administrator as specified in 
40 CFR 63.8(f)(1) through (f)(5) of this part.
    (f) Vapor incinerator control device requirements.
    (1) The vapor incinerator must achieve the performance 
specifications in either paragraph (f)(1)(i), (f)(1)(ii), or (f)(1)(iii) 
of this section.
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream entering the vapor incinerator 
either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the TOC, 
less methane and ethane, of less than or equal to ppmv on a dry basis 
corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the HAP, 
listed in Table 1 of this subpart, of less than or equal to ppmv on a 
dry basis corrected to 3 percent oxygen.
    (iii) Maintain the conditions in the vapor incinerator combustion 
chamber at a residence time of 0.5 seconds or longer and at a 
temperature of 760[deg]C or higher.
    (2) The owner or operator must demonstrate that the vapor 
incinerator achieves the performance requirements in paragraph (f)(1) of 
this section by either performing a performance test as specified in 
paragraph (f)(2)(i) of this section or a design analysis as specified in 
paragraph (f)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec. 63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this

[[Page 120]]

design analysis the information specified in either paragraph 
(f)(2)(ii)(A) or (f)(2)(ii)(B) of this section as applicable to the 
vapor incinerator design.
    (A) For a thermal vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures in the combustion chamber and the combustion chamber 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures across the catalyst bed inlet and outlet, and the design 
service life of the catalyst.
    (3) The owner or operator must monitor the operation of the vapor 
incinerator in accordance with the requirements of Sec. 63.695(e) of 
this subpart using one of the continuous monitoring systems specified in 
paragraphs (f)(3)(i) through (f)(3)(iv) of this section as applicable to 
the type of vapor incinerator used.
    (i) For a thermal vapor incinerator, a continuous parameter 
monitoring system to measure and record the daily average temperature of 
the exhaust gases from the control device. The accuracy of the 
temperature monitoring device must be 1 percent of 
the temperature being measured, expressed in degrees Celsius of 0.5 [deg]C, whichever is greater.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device capable of monitoring temperature at two locations equipped with 
a continuous recorder. 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.
    (iii) For either type of vapor incinerator, a continuous monitoring 
system to measure and record the daily average concentration of organic 
compounds in the exhaust vent stream from the control device. The 
organic monitoring system must comply either with Performance 
Specification 8 or 9 in 40 CFR part 60, appendix B. The relative 
accuracy provision of Performance Specification 8, Sections 2.4 and 3 
need not be conducted.
    (iv) For either type of vapor incinerator, a continuous monitoring 
system that measures alternative operating parameters other than those 
specified in paragraph (f)(3)(i) or (f)(3)(ii) of this section upon 
approval of the Administrator as specified in 40 CFR 63.8(f)(1) through 
(f)(5) of this part.
    (g) Boilers and process heaters control device requirements.
    (1) The boiler or process heater must achieve the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii), 
(g)(1)(iv), or (g)(1)(v) of this section.
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream introduced into the flame zone of 
the boiler or process heater either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the TOC, less methane and ethane, of less than or 
equal to 20 parts ppmv on a dry basis corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the HAP, listed in Table 1 of the subpart, of less 
than or equal to 20 ppmv on a dry basis corrected to 3 percent oxygen.
    (iii) Introduce the vent stream into the flame zone of the boiler or 
process heater and maintain the conditions in the combustion chamber at 
a residence time of 0.5 seconds or longer and at a temperature of 
760[deg]C or higher.
    (iv) Introduce the vent stream with the fuel that provides the 
predominate heat input to the boiler or process heater (i.e., the 
primary fuel); or
    (v) Introduce the vent stream to a boiler or process heater for 
which the owner or operator either has been issued a final permit under 
40 CFR part 270 and complies with the requirements of 40 CFR part 266, 
subpart H of this

[[Page 121]]

chapter; or has certified compliance with the interim status 
requirements of 40 CFR part 266, subpart H of this chapter.
    (2) The owner or operator must demonstrate that the boiler or 
process heater achieves the performance specifications in paragraph 
(g)(1) of this section chosen by the owner or operator using the 
applicable method specified in paragraph (g)(2)(i) or (g)(2)(ii) of this 
section.
    (i) If an owner or operator chooses to comply with the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) 
of this section, the owner or operator must demonstrate compliance with 
the applicable performance specifications by either performing a 
performance test as specified in paragraph (g)(2)(i)(A) of this section 
or a design analysis as specified in paragraph (g)(2)(i)(B) of this 
section.
    (A) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec. 63.694(l) of this subpart.
    (B) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
following information: description of the vent stream composition, 
constituent concentrations, and flow rate; specification of the design 
minimum and average flame zone temperatures and combustion zone 
residence time; and description of the method and location by which the 
vent stream is introduced into the flame zone.
    (ii) If an owner or operator chooses to comply with the performance 
specifications in either paragraph (g)(1)(iv) or (g)(1)(v) of this 
section, the owner or operator must demonstrate compliance by 
maintaining the records that document that the boiler or process heater 
is designed and operated in accordance with the applicable requirements 
of this section.
    (3) For a boiler or process heater complying with the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) 
of this section, the owner or operator must monitor the operation of a 
boiler or process heater in accordance with the requirements of Sec. 
63.695(e) of this subpart using one of the continuous monitoring systems 
specified in paragraphs (g)(3)(i) through (g)(3)(iii) of this section.
    (i) A continuous parameter monitoring system to measure and record 
the daily average combustion zone temperature. The accuracy of the 
temperature sensor must be 1 percent of the 
temperature being measured, expressed in degrees Celsius or 0.5 [deg]C, whichever is greater;
    (ii) A continuous monitoring system to measure and record the daily 
average concentration of organic compounds in the exhaust vent stream 
from the control device. The organic monitoring system must comply 
either with Performance Specification 8 or 9 in 40 CFR part 60, appendix 
B. The relative accuracy provision of Performance Specification 8, 
Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraph (g)(3)(i) 
or (g)(3)(ii) of this section upon approval of the Administrator as 
specified in 40 CFR 63.8(f)(1) through (f)(5) of this part.
    (h) Flare control device requirements.
    (1) The flare must be designed and operated in accordance with the 
requirements in 40 CFR 63.11(b).
    (2) The owner or operator must demonstrate that the flare achieves 
the requirements in paragraph (h)(1) of this section by performing the 
procedures specified in paragraph (h)(2)(i) of this section. A previous 
compliance demonstration for the flare that meets all of the conditions 
specified in paragraph (h)(2)(ii) of this section may be used by an 
owner or operator to demonstrate compliance with this paragraph (h)(2).
    (i) To demonstrate that a flare achieves the requirements in 
paragraph (h)(1) of this section, the owner or operator performs all of 
the procedures specified in paragraphs (h)(2)(i)(A) through (h)(2)(i)(C) 
of this section.
    (A) The owner or operator conducts a visible emission test for the 
flare in accordance with the requirements specified in 40 CFR 
63.11(b)(4).
    (B) The owner or operator determines the net heating value of the 
gas being combusted in the flare in accordance

[[Page 122]]

with the requirements specified in 40 CFR 63.11(b)(6); and
    (C) The owner or operator determines the flare exit velocity in 
accordance with the requirements applicable to the flare design as 
specified in 40 CFR 63.11(b)(7) or 40 CFR 63.11(b)(8).
    (ii) A previous compliance demonstration for the flare may be used 
by an owner or operator to demonstrate compliance with paragraph (h)(2) 
of this section provided that all conditions for the compliance 
determination and subsequent flare operation are met as specified in 
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section.
    (A) The owner or operator conducted the compliance determination 
using the procedures specified in paragraph (h)(2)(i) of this section.
    (B) No flare operating parameter or process changes have occurred 
since completion of the compliance determination which could affect the 
compliance determination results.
    (3) The owner or operator must monitor the operation of the flare 
using a heat sensing monitoring device (including but not limited to a 
thermocouple, ultraviolet beam sensor, or infrared sensor) that 
continuously detects the presence of a pilot flame. The owner or 
operator must record, for each 1-hour period, whether the monitor was 
continuously operating and whether a pilot flame was continuously 
present during each hour as required in Sec. 63.696(b)(3) of this 
subpart.

[64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001; 68 
FR 37351, June 23, 2003]



Sec. 63.694  Testing methods and procedures.

    (a) This section specifies the testing methods and procedures 
required for this subpart to perform the following:
    (1) To determine the average VOHAP concentration for off-site 
material streams at the point-of-delivery for compliance with standards 
specified Sec. 63.683 of this subpart, the testing methods and 
procedures are specified in paragraph (b) of this section.
    (2) To determine the average VOHAP concentration for treated off-
site material streams at the point-of-treatment for compliance with 
standards specified Sec. 63.684 of this subpart, the testing methods 
and procedures are specified in paragraph (c) of this section.
    (3) To determine the treatment process VOHAP concentration limit 
(CR) for compliance with standards specified Sec. 63.684 of 
this subpart, the testing methods and procedures are specified in 
paragraph (d) of this section.
    (4) To determine treatment process required HAP removal rate (RMR) 
for compliance with standards specified Sec. 63.684 of this subpart, 
the testing methods and procedures are specified in paragraph (e) of 
this section.
    (5) To determine treatment process actual HAP removal rate (MR) for 
compliance with standards specified Sec. 63.684 of this subpart, the 
testing methods and procedures are specified in paragraph (f) of this 
section.
    (6) To determine treatment process required HAP reduction efficiency 
(R) for compliance with standards specified in Sec. 63.684 of this 
subpart, the testing methods and procedures are specified in paragraph 
(g) of this section.
    (7) To determine treatment process required HAP biodegradation 
efficiency (Rbio) for compliance with standards specified in 
Sec. 63.684 of this subpart, the testing methods and procedures are 
specified in paragraph (h) of this section.
    (8) To determine treatment process required actual HAP mass removal 
rate (MRbio) for compliance with standards specified inSec. 
63.684 of this subpart, the testing methods and procedures are specified 
in paragraph (i) of this section.
    (9) To determine maximum organic HAP vapor pressure of off-site 
materials in tanks for compliance with the standards specified in Sec. 
63.685 of this subpart, the testing methods and procedures are specified 
in paragraph (j) of this section.
    (10) To determine no detectable organic emissions, the testing 
methods and procedures are specified in paragraph (k) of this section.
    (11) To determine closed-vent system and control device performance 
for compliance with the standards specified in Sec. 63.693 of this 
subpart, the testing methods and procedures are specified in paragraph 
(l) of this section.
    (12) To determine process vent stream flow rate and total organic

[[Page 123]]

HAP concentration for compliance with the standards specified in Sec. 
63.693 of this subpart, the testing methods and procedures are specified 
in paragraph (m) of this section.
    (b) Testing methods and procedures to determine average VOHAP 
concentration of an off-site material stream at the point-of-delivery.
    (1) The average VOHAP concentration of an off-site material at the 
point-of-delivery shall be determined using either direct measurement as 
specified in paragraph (b)(2) of this section or by knowledge as 
specified in paragraph (b)(3) of this section.
    (2) Direct measurement to determine VOHAP concentration--(i) 
Sampling. Samples of the off-site material stream shall be collected 
from the container, pipeline, or other device used to deliver the off-
site material stream to the plant site in a manner such that 
volatilization of organics contained in the sample is minimized and an 
adequately representative sample is collected and maintained for 
analysis by the selected method.
    (A) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the off-site material stream but shall not exceed 1 
year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during the 
entire averaging period due to normal variations in the operating 
conditions for the source or process generating the off-site material 
stream. Examples of such normal variations are seasonal variations in 
off-site material quantity or fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream are collected 
such that a minimum loss of organics occurs throughout the sample 
collection and handling process and by which sample integrity is 
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable 
sampling plan includes a plan incorporating sample collection and 
handling procedures in accordance with the requirements specified in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Each collected sample must be prepared and analyzed 
in accordance with one of the following methods as applicable to the 
sampled off-site material for the purpose of measuring the HAP listed in 
Table 1 of this subpart:
    (A) Method 305 in 40 CFR part 63, appendix A.
    (B) Method 25D in 40 CFR part 60, appendix A.
    (C) Method 624 in 40 CFR part 136, appendix A. If this method is 
used to analyze one or more compounds that are not on the method's 
published list of approved compounds, the Alternative Test Procedure 
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
    (D) Method 625 in 40 CFR part 136, appendix A. For the purpose of 
using this method to comply with this subpart, the owner or operator 
must perform corrections to these compounds based on the ``accuracy as 
recovery'' using the factors in Table 7 of the method. If this method is 
used to analyze one or more compounds that are not on the method's 
published list of approved compounds, the Alternative Test Procedure 
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
    (E) Method 1624 in 40 CFR part 136, appendix A.
    (F) Method 1625 in 40 CFR part 136, appendix A.
    (G) Method 8260 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 approved by the EPA. For the purpose of

[[Page 124]]

using Method 8260 to comply with this subpart, the owner or operator 
must maintain a formal quality assurance program consistent with section 
8 of Method 8260, and this program must include the following elements 
related to measuring the concentrations of volatile compounds:
    (1) 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.
    (2) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
off-site material source before or during sampling with compounds having 
similar chemical characteristics to the target analytes.
    (H) Method 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 8270 approved by the EPA. For the purpose of using 
Method 8270 to comply with this subpart, the owner or operator must 
maintain a formal quality assurance program consistent with Method 8270, 
and this program must include the following elements related to 
measuring the concentrations of volatile compounds:
    (1) 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.
    (2) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
off-site material source before or during sampling with compounds having 
similar chemical characteristics to the target analytes.
    (I) Any other analysis method that has been validated in accordance 
with the procedures specified in section 5.1 and section 5.3 and the 
corresponding calculations in section 6.1 or section 6.3 of Method 301 
in appendix A in 40 CFR part 63. The data are acceptable if they meet 
the criteria specified in section 6.1.5 or section 6.3.3 of Method 301. 
If correction is required under section 6.3.3 of Method 301, the data 
are acceptable if the correction factor is within the range of 0.7 to 
1.30. Other sections of Method 301 are not required.
    (iii) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (b)(2)(ii) of this section and the 
following equation. An owner or operator using a test method that 
provides species-specific chemical concentrations may adjust the 
measured concentrations to the corresponding concentration values which 
would be obtained had the off-site material samples been analyzed using 
Method 305. To adjust these data, the measured concentration for each 
individual HAP chemical species contained in the off-site material is 
multiplied by the appropriate species-specific adjustment factor 
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR08JA01.000

Where:

C = Average VOHAP concentration of the off-site material at the point-
of-delivery on a mass-weighted basis, ppmw.
i = Individual sample ``i'' of the off-site material.
n = Total number of samples of the off-site material collected (at least 
4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of off-site material stream represented by 
Ci, kg/hr.
QT = Total mass quantity of off-site material during the 
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
determined in accordance with the requirements of Sec. 63.694(a), ppmw.

    (3) Knowledge of the off-site material to determine VOHAP 
concentration.
    (i) Documentation shall be prepared that presents the information 
used as the basis for the owner's or operator's knowledge of the off-
site material

[[Page 125]]

stream's average VOHAP concentration. Examples of information that may 
be used as the basis for knowledge include: material balances for the 
source or process generating the off-site material stream; species-
specific chemical test data for the off-site material stream from 
previous testing that are still applicable to the current off-site 
material stream; previous test data for other locations managing the 
same type of off-site material stream; or other knowledge based on 
information in documents such as manifests, shipping papers, or waste 
certification notices.
    (ii) If test data are used as the basis for knowledge, then the 
owner or operator shall document the test method, sampling protocol, and 
the means by which sampling variability and analytical variability are 
accounted for in the determination of the average VOHAP concentration. 
For example, an owner or operator may use HAP concentration test data 
for the off-site material stream that are validated in accordance with 
Method 301 in 40 CFR part 63, appendix A of this part as the basis for 
knowledge of the off-site material.
    (iii) An owner or operator using species-specific chemical 
concentration test data as the basis for knowledge of the off-site 
material may adjust the test data to the corresponding average VOHAP 
concentration value which would be obtained had the off-site material 
samples been analyzed using Method 305. To adjust these data, the 
measured concentration for each individual HAP chemical species 
contained in the off-site material is multiplied by the appropriate 
species-specific adjustment factor (fm305) listed in Table 1 
of this subpart.
    (iv) In the event that the Administrator and the owner or operator 
disagree on a determination of the average VOHAP concentration for an 
off-site material stream using knowledge, then the results from a 
determination of VOHAP concentration using direct measurement as 
specified in paragraph (b)(2) of this section shall be used to establish 
compliance with the applicable requirements of this subpart. The 
Administrator may perform or request that the owner or operator perform 
this determination using direct measurement.
    (c) Determination of average VOHAP concentration of an off-site 
material stream at the point-of-treatment.
    (1) Sampling. Samples of the off-site material stream shall be 
collected at the point-of-treatment in a manner such that volatilization 
of organics contained in the sample is minimized and an adequately 
representative sample is collected and maintained for analysis by the 
selected method.
    (i) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the off-site material stream but shall not exceed 1 
year.
    (ii) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during the 
entire averaging period due to normal variations in the operating 
conditions for the treatment process. Examples of such normal variations 
are seasonal variations in off-site material quantity or fluctuations in 
ambient temperature.
    (iii) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream are collected 
such that a minimum loss of organics occurs throughout the sample 
collection and handling process and by which sample integrity is 
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable 
sampling plan includes a plan incorporating sample collection and 
handling procedures in accordance with the requirements specified in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.

[[Page 126]]

    (2) Analysis. Each collected sample must be prepared and analyzed in 
accordance with one of the methods specified in paragraphs (b)(2)(ii)(A) 
through (b)(2)(ii)(I) of this section, as applicable to the sampled off-
site material, for the purpose of measuring the HAP listed in Table 1 of 
this subpart.
    (3) Calculations. The average VOHAP concentration (C) a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (c)(2) of this section and the 
following equation. An owner or operator using a test method that 
provides species-specific chemical concentrations may adjust the 
measured concentrations to the corresponding concentration values which 
would be obtained had the off-site material samples been analyzed using 
Method 305. To adjust these data, the measured concentration for each 
individual HAP chemical species contained in the off-site material is 
multiplied by the appropriate species-specific adjustment factor 
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20JY99.001

Where:

C = Average VOHAP concentration of the off-site material on a mass-
weighted basis, ppmw.
i = Individual sample ``i'' of the off-site material.
n = Total number of samples of the off-site material collected (at least 
4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of off-site material stream represented by 
Ci, kg/hr.
QT = Total mass quantity of off-site material during the 
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
determined in accordance with the requirements of Sec. 63.694(a), ppmw.

    (d) Determination of treatment process VOHAP concentration limit 
(CR). (1) All of the off-site material streams entering the 
treatment process shall be identified.
    (2) The average VOHAP concentration of each off-site material stream 
at the point-of-delivery shall be determined using the procedures 
specified in paragraph (b) of this section.
    (3) The VOHAP concentration limit (CR) shall be 
calculated by using the results determined for each individual off-site 
material stream and the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.039

where:

CR=VOHAP concentration limit, ppmw.
x=Individual off-site material stream ``x'' that has a VOHAP 
concentration less than 500 ppmw at the point-of-delivery.
y=Individual off-site material stream ``y'' that has a VOHAP 
concentration equal to or greater than 500 ppmw at the point-of-
delivery.
m=Total number of ``x'' off-site material streams treated by process.
n=Total number of ``y'' off-site material streams treated by process.
Qx=Total mass quantity of off-site material stream ``x'', kg/
yr.
Qy=Total mass quantity of off-site material stream ``y'', kg/
yr.
Cx=VOHAP concentration of off-site material stream ``x'' at 
the point-of-delivery, ppmw.

    (e) Determination of required HAP mass removal rate (RMR).
    (1) Each individual stream containing HAP that enters the treatment 
process shall be identified.
    (2) The average VOHAP concentration at the point-of-delivery for 
each stream identified in paragraph (e)(1) of this section shall be 
determined using the test methods and procedures specified in paragraph 
(b) of this section.
    (3) For each stream identified in paragraph (e)(1) of this section 
that has

[[Page 127]]

an average VOHAP concentration equal to or greater than 500 ppmw at the 
point-of-delivery, the average volumetric flow rate and the density of 
the off-site material stream at the point-of-delivery shall be 
determined.
    (4) The required HAP mass removal rate (RMR) shall be calculated by 
using the average VOHAP concentration, average volumetric flow rate, and 
density determined in paragraph (e)(3) of this section for each stream 
and the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.002

Where:

RMR = Required HAP mass removal rate, kg/hr.
y = Individual stream ``y'' that has a VOHAP concentration equal to or 
greater than 500 ppmw at the point-of-delivery as determined in Sec. 
63.694(b).
n = Total number of ``y'' streams treated by process.
Vy = Average volumetric flow rate of stream ``y'' at the 
point-of-delivery, m\3\/hr.
ky = Density of stream ``y'', kg/m\3\.
Cy = Average VOHAP concentration of stream ``y'' at the 
point-of-delivery as determined in Sec. 63.694(b)(2), ppmw.

    (f) Determination of actual HAP mass removal rate (MR).
    (1) The actual HAP mass removal rate (MR) shall be determined based 
on results for a minimum of three consecutive runs. The sampling time 
for each run shall be 1 hour.
    (2) The HAP mass flow entering the process (Eb) and the 
HAP mass flow exiting the process (Ea) shall be determined 
using the test methods and procedures specified in paragraphs (g)(2) 
through (g)(4) of this section.
    (3) The actual mass removal rate shall be calculated using the HAP 
mass flow rates determined in paragraph (f)(2) of this section and the 
following equation:

MR = Eb-Ea

where:

    MR = Actual HAP mass removal rate, kg/hr.
    Eb = HAP mass flow entering process as determined in 
paragraph (f)(2) of this section, kg/hr.
    Ea = HAP mass flow exiting process as determined in 
paragraph (f)(2) of this section, kg/hr.

    (g) Determination of treatment process HAP reduction efficiency (R).
    (1) The HAP reduction efficiency (R) for a treatment process shall 
be determined based on results for a minimum of three consecutive runs.
    (2) Each individual stream containing HAP that enters the treatment 
process shall be identified. Each individual stream containing HAP that 
exits the treatment process shall be identified. The owner or operator 
shall prepare a sampling plan for measuring the identified streams that 
accurately reflects the retention time of the material in the process.
    (3) For each run, information shall be determined for each stream 
identified in paragraph (g)(2) of this section as specified in 
paragraphs (g)(3)(i) through (g)(3)(iii) of this section.
    (i) The mass quantity shall be determined for each stream identified 
in paragraph (g)(2) of this section as entering the process 
(Qb). The mass quantity shall be determined for each stream 
identified in paragraph (g)(2) of this section as exiting the process 
(Qa).
    (ii) The average VOHAP concentration at the point-of-delivery shall 
be determined for each stream entering the process (Cb) (as 
identified in paragraph (g)(2) of this section) using the test methods 
and procedures specified in paragraph (b) of this section.
    (iii) The average VOHAP concentration at the point-of-treatment 
shall be determined for each stream exiting the process (Ca) 
(as identified in paragraph (g)(2) of this section) using the test 
methods and procedures specified in paragraph (c) of this section.
    (4) The HAP mass flow entering the process (Eb) and the 
HAP mass flow exiting the process (Ea) shall be calculated 
using the results determined in paragraph (g)(3) of this section and the 
following equations:
[GRAPHIC] [TIFF OMITTED] TR20JY99.003


[[Page 128]]


Where:

Eb = HAP mass flow entering process, kg/hr.
Ea = HAP mass flow exiting process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qbj = Mass quantity of material entering process during run 
``j'', kg/hr.
Qaj = Average mass quantity of material exiting process 
during run ``j'', kg/hr.
Caj = Average VOHAP concentration of material exiting process 
during run ``j'' as determined in Sec. 63.694(c), ppmw.
Cbj = Average VOHAP concentration of material entering 
process during run ``j'' as determined in Sec. 63.694(b)(2), ppmw.

    (5) The HAP reduction efficiency (R) shall be calculated using the 
HAP mass flow rates determined in paragraph (g)(4) of this section and 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.004

Where:

R = HAP reduction efficiency, percent.
Eb = HAP mass flow entering process as determined in 
paragraph (g)(4) of this section, kg/hr.
Ea = HAP mass flow exiting process as determined in 
accordance with the requirements of paragraph (g)(4) of this section, 
kg/hr.

    (h) Determination of HAP biodegradation efficiency 
(Rbio).
    (1) The fraction of HAP biodegraded (Fbio) shall be 
determined using one of the procedures specified in appendix C of this 
part 63.
    (2) The HAP biodegradation efficiency (Rbio) shall be 
calculated by using the following equation:

Rbio-Fbiox100

where:

Rbio = HAP biodegradation efficiency, percent.
Fbio = Fraction of HAP biodegraded as determined in paragraph 
(h)(1) of this section.

    (i) Determination of actual HAP mass removal rate 
(MRbio).
    (1) The actual HAP mass removal rate (MRbio) shall be 
determined based on results for a minimum of three consecutive runs. The 
sampling time for each run shall be 1 hour.
    (2) The HAP mass flow entering the process (Eb) shall be 
determined using the test methods and procedures specified in paragraphs 
(g)(2) through (g)(4) of this section.
    (3) The fraction of HAP biodegraded (Fbio) shall be 
determined using the procedure specified in 40 CFR part 63, appendix C 
of this part.
    (4) The actual mass removal rate shall be calculated by using the 
HAP mass flow rates and fraction of HAP biodegraded determined in 
paragraphs (i)(2) and (i)(3), respectively, of this section and the 
following equation:

MRbio=E\b\xFbio

Where:

MRbio = Actual HAP mass removal rate, kg/hr.
Eb = HAP mass flow entering process, kg/hr.
Fbio = Fraction of HAP biodegraded.

    (j) Determination of maximum HAP vapor pressure for off-site 
material in a tank. (1) The maximum HAP vapor pressure of the off-site 
material composition managed in a tank shall be determined using either 
direct measurement as specified in paragraph (j)(2) of this section or 
by knowledge of the off-site material as specified by paragraph (j)(3) 
of this section.
    (2) Direct measurement to determine the maximum HAP vapor pressure 
of an off-site material.
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the off-site material contained in the tank. All 
samples shall be collected and handled in accordance with written 
procedures prepared by the owner or operator and documented in a site 
sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material is collected such that a 
minimum loss of organics occurs throughout the sample collection and 
handling process and by which sample integrity is maintained. A copy of 
the written sampling plan shall be maintained on-site in the plant site 
operating records. An example of an acceptable sampling plan includes a 
plan incorporating sample collection and handling procedures in 
accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Any one of the following methods may be used to 
analyze

[[Page 129]]

the samples and compute the maximum HAP vapor pressure of the off-site 
material:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Bulletin 2517, 
``Evaporation Loss from External Floating Roof Tanks,'';
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-83; or
    (E) Any other method approved by the Administrator.
    (3) Use of knowledge to determine the maximum HAP vapor pressure of 
the off-site material. Documentation shall be prepared and recorded that 
presents the information used as the basis for the owner's or operator's 
knowledge that the maximum HAP vapor pressure of the off-site material 
is less than the maximum vapor pressure limit listed in Table 3 or Table 
4 of this subpart for the applicable tank design capacity category. 
Examples of information that may be used include: the off-site material 
is generated by a process for which at other locations it previously has 
been determined by direct measurement that the off-site material maximum 
HAP vapor pressure is less than the maximum vapor pressure limit for the 
appropriate tank design capacity category.
    (k) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material 
having a total organic concentration representative of the range of 
concentrations for the materials expected to be managed in the unit. 
During the test, the cover and closure devices shall be secured in the 
closed position.
    (3) 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 organic constituents in the material placed 
in the unit, not for each individual organic constituent.
    (4) 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.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of 
approximately, but less than, 10,000 ppmv.
    (6) 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.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (k)(8)(i) or (k)(8)(ii) of this 
section.

[[Page 130]]

    (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 (k)(9) 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 (k)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (k)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (k)(9)(i) and (k)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (k)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (k)(8) is less than 10,000 ppmv.
    (l) Control device performance test procedures.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites at the inlet and 
outlet of the control device.
    (i) To determine compliance with a control device percent reduction 
requirement, sampling sites shall be located at the inlet of the control 
device as specified in paragraphs (l)(1)(i)(A) and (l)(1)(i)(B) of this 
section, and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as an 
auxiliary fuel into a boiler or process heater, the location of the 
inlet sampling sites shall be selected to ensure that the measurement of 
total HAP concentration or TOC concentration, as applicable, includes 
all vent streams and primary and secondary fuels introduced into the 
boiler or process heater.
    (ii) To determine compliance with an enclosed combustion device 
concentration limit, the sampling site shall be located at the outlet of 
the device.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the control device percent 
reduction requirement, the owner or operator shall use Method 18 of 40 
CFR part 60, appendix A of this chapter; alternatively, any other method 
or data that has been validated according to the applicable procedures 
in Method 301 in 40 CFR part 63, appendix A of this part may be used. 
The following procedures shall be used to calculate percent reduction 
efficiency:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time such as 15 minute intervals during 
the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei and Eo ,respectively) shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR08JA01.001
    
Where:

Cij, Coj = Concentration of sample component j of 
the gas stream at the inlet and outlet

[[Page 131]]

of the control device, respectively, dry basis, parts per million by 
volume.
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 = Flow rate 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 (gram-mole per standard cubic 
meter) is 20 [deg]C.

    (B) 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 shall be summed using the equation in paragraph (l)(3)(ii)(A) 
of this section.
    (C) When the total HAP mass rate is calculated, only the HAP 
constituents shall be summed using the equation in paragraph 
(l)(3)(ii)(A) of this section.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JY96.045

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 
(l)(3)(ii) 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 
(l)(3)(ii) of this section, kilograms TOC per hour or kilograms HAP per 
hour.

    (iv) If the vent stream entering a boiler or process heater is 
introduced with the combustion air or as a secondary fuel, the weight-
percent 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.
    (4) To determine compliance with the enclosed combustion device 
total HAP concentration limit of this subpart, the owner or operator 
shall use Method 18 of 40 CFR part 60, appendix A to measure either TOC 
(minus methane and ethane) or total HAP. Alternatively, any other method 
or data that has been validated according to Method 301 in appendix A of 
this part, may be used. The following procedures shall be used to 
calculate parts per million by volume concentration, corrected to 3 
percent oxygen:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (ii) The TOC concentration or total HAP concentration shall be 
calculated according to paragraph (m)(4)(ii)(A) or (m)(4)(ii)(B) of this 
section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.046

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.

    (B) The total HAP concentration (CHAP) shall be computed 
according to the equation in paragraph (l)(4)(ii)(A) of this section 
except that only HAP constituents shall be summed.
    (iii) The measured TOC concentration or total HAP concentration 
shall be corrected to 3 percent oxygen as follows:
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be

[[Page 132]]

used to determine the oxygen concentration (%O2dry). The 
samples shall be collected during the same time that the samples are 
collected for determining TOC concentration or total HAP concentration.
    (B) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.047

where:

Cc=TOC concentration or total HAP concentration corrected to 
3 percent oxygen, dry basis, parts per million by volume.
Cm=Measured TOC concentration or total HAP concentration, dry 
basis, parts per million by volume.
%O2dry=Concentration of oxygen, dry basis, percent by volume.

    (m) Determination of process vent stream flow rate and total HAP 
concentration.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
must be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (3) Process vent stream gas volumetric flow rate must be determined 
using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as 
appropriate.
    (4) Process vent stream total HAP concentration must be measured 
using the following procedures:
    (i) Method 18 of 40 CFR part 60, appendix A, must be used to measure 
the total HAP concentration. Alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used.
    (ii) Where Method 18 of 40 CFR part 60, appendix A, is used, the 
following procedures must be used to calculate parts per million by 
volume concentration:
    (A) The minimum sampling time for each run must be 1 hour in which 
either an integrated sample or four grab samples must be taken. If grab 
sampling is used, then the samples must be taken at approximately equal 
intervals in time, such as 15 minute intervals during the run.
    (B) The total HAP concentration (CHAP) must be computed 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.005

Where:

CHAP = Total concentration of HAP compounds listed in Table 1 
of this subpart, dry basis, parts per million by volume.
Cji = Concentration of sample component j of the sample i, 
dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38974, July 20, 1999; 66 
FR 1267, Jan. 8, 2001]



Sec. 63.695  Inspection and monitoring requirements.

    (a) This section specifies the inspection and monitoring procedures 
required to perform the following:
    (1) To inspect tank fixed roofs and floating roofs for compliance 
with the Tank Level 2 controls standards specified in Sec. 63.685 of 
this subpart, the inspection procedures are specified in paragraph (b) 
of this section.
    (2) To inspect and monitor closed-vent systems for compliance with 
the standards specified in Sec. 63.693 of this subpart, the inspection 
and monitoring procedures are specified in paragraph (c) of this 
section.
    (3) To inspect and monitor transfer system covers for compliance 
with the standards specified in Sec. 63.689(c)(1) of this subpart, the 
inspection and monitoring procedures are specified in paragraph (d) of 
this section.
    (4) To monitor and record off-site material treatment processes for 
compliance with the standards specified in 63.684(e), the monitoring 
procedures are specified in paragraph (e) of this section.
    (b) Tank Level 2 fixed roof and floating roof inspection 
requirements.
    (1) Owners and operators that use a tank equipped with an internal 
floating roof in accordance with the provisions of Sec. 63.685(e) of 
this subpart shall meet the following inspection requirements:
    (i) The floating roof and its closure devices shall be visually 
inspected by

[[Page 133]]

the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, the internal 
floating roof is not floating on the surface of the liquid inside the 
tank; liquid has accumulated on top of the internal floating roof; any 
portion of the roof seals have detached from the roof rim; holes, tears, 
or other openings are visible in the seal fabric; the gaskets no longer 
close off the waste surfaces from the atmosphere; or the slotted 
membrane has more than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided for in paragraph (b)(1)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every calendar year after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years. Prior to each inspection, the owner or operator 
shall notify the Administrator in accordance with the reporting 
requirements specified in Sec. 63.697 of this subpart.
    (iii) As an alternative to performing the inspections specified in 
paragraph (b)(1)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years. Prior to each inspection, the owner or operator shall 
notify the Administrator in accordance with the reporting requirements 
specified in Sec. 63.697 of this subpart.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (2) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec. 63.685(f) of 
this subpart shall meet the following requirements:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps between 
the tank wall and the primary seal within 60 days after initial 
operation of the tank following installation of the floating roof and, 
thereafter, at least once every 5 years. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec. 63.697 of this subpart.
    (B) The owner or operator shall perform measurements of gaps between 
the tank wall and the secondary seal within 60 days after initial 
operation of the separator following installation of the floating roof 
and, thereafter, at least once every year. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec. 63.697 of this subpart.
    (C) If a tank ceases to hold off-site material for a period of 1 
year or more, subsequent introduction of off-site material into the tank 
shall be considered an initial operation for the purposes of paragraphs 
(b)(2)(i)(A) and (b)(2)(i)(B) of this section.
    (D) The owner shall determine the total surface area of gaps in the 
primary seal and in the secondary seal individually using the following 
procedure.
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where a 0.32-centimeter (cm) (\1/8\-
inch) diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the tank and measure 
the circumferential distance of each such location.

[[Page 134]]

    (3) For a seal gap measured under paragraph (b)(2) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the tank wall to 
the seal and multiplying each such width by its respective 
circumferential distance.
    (4) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal diameter of the tank. These total gap areas for 
the primary seal and secondary seal are then compared to the respective 
standards for the seal type as specified in Sec. 63.685(f)(1) of this 
subpart.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in Sec. 63.685(f)(1) of this subpart, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (b)(4) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to: holes, 
tears, or other openings in the rim seal or seal fabric of the floating 
roof; a rim seal detached from the floating roof; all or a portion of 
the floating roof deck being submerged below the surface of the liquid 
in the tank; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (B) The owner or operator shall perform the inspections following 
installation of the external floating roof and, thereafter, at least 
once every year.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696(d) of this 
subpart.
    (3) Owners and operators that use a tank equipped with a fixed roof 
in accordance with the provisions of Sec. 63.685(g) of this subpart 
shall meet the following requirements:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the separator wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices. In the case when a tank is 
buried partially or entirely underground, inspection is required only 
for those portions of the cover that extend to or above the ground 
surface, and those connections that are on such portions of the cover 
(e.g., fill ports, access hatches, gauge wells, etc.) and can be opened 
to the atmosphere.
    (ii) The owner or operator must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (f) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696(e) of this 
subpart.
    (4) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of paragraph 
(b)(1), (b)(2), or (b)(3) of this section in the following manner:
    (i) The owner or operator shall within 45 calendar days of detecting 
the defect either repair the defect or empty the tank and remove it from 
service. If within this 45-day period the defect cannot be repaired or 
the tank cannot

[[Page 135]]

be removed from service without disrupting operations at the plant site, 
the owner or operator is allowed two 30-day extensions. In cases when an 
owner or operator elects to use a 30-day extension, the owner or 
operator shall prepare and maintain documentation describing the defect, 
explaining why alternative storage capacity is not available, and 
specify a schedule of actions that will ensure that the control 
equipment will be repaired or the tank emptied as soon as possible.
    (ii) When a defect is detected during an inspection of a tank that 
has been emptied and degassed, the owner or operator shall repair the 
defect before refilling the tank.
    (c) Owners and operators that use a closed-vent system in accordance 
with the provisions of Sec. 63.693 of this subpart shall meet the 
following inspection and monitoring requirements:
    (1) Each closed-vent system that is used to comply with Sec. 
63.693(c)(1)(i) of this subpart shall be inspected and monitored in 
accordance with the following requirements:
    (i) At initial startup, the owner or operator shall monitor the 
closed-vent system components and connections using the procedures 
specified in Sec. 63.694(k) of this subpart to demonstrate that the 
closed-vent system operates with no detectable organic emissions.
    (ii) After initial startup, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) 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 and gasketed ducting flange) shall 
be visually inspected at least once per year to check for defects that 
could result in air emissions. The owner or operator shall monitor a 
component or connection using the procedures specified in Sec. 
63.694(k) of this subpart to demonstrate that it operates with no 
detectable organic emissions following any time the component is 
repaired or replaced (e.g., a section of damaged hard piping is replaced 
with new hard piping) or the connection is unsealed (e.g., a flange is 
unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (c)(1)(ii)(A) of this section, shall be monitored 
at least once per year using the procedures specified in Sec. 63.694(k) 
of this subpart to demonstrate that components or connections operate 
with no detectable organic emissions.
    (C) The continuous monitoring system required by Sec. 
63.693(b)(4)(i) shall monitor and record either an instantaneous data 
value at least once every 15 minutes or an average value for intervals 
of 15 minutes or less.
    (D) The owner or operator shall visually inspect the seal or closure 
mechanism required by Sec. 63.693(c)(2)(ii) at least once every month 
to verify that the bypass mechanism is maintained in the closed 
position.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (c)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in Sec. 
63.696 of this subpart.
    (2) Each closed-vent system that is used to comply with Sec. 
63.693(c)(1)(ii) of this subpart shall be inspected and monitored in 
accordance with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air emissions. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in ductwork or piping; loose connections; or broken or missing caps or 
other closure devices.
    (ii) The owner or operator must perform an initial inspection 
following installation of the closed-vent system. Thereafter, the owner 
or operator must perform the inspections at least once every calendar 
year except as provided for in paragraph (f) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in

[[Page 136]]

accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection.
    (ii) Repair of a defect may be delayed beyond 45 calendar days if 
either of the conditions specified in paragraph (c)(3)(ii)(A) or 
(c)(3)(ii)(B) occurs. In this case, the owner or operator must repair 
the defect the next time the process or unit that vents to the closed-
vent system is shutdown. Repair of the defect must be completed before 
the process or unit resumes operation.
    (A) Completion of the repair is technically infeasible without the 
shutdown of the process or unit that vents to the closed-vent system.
    (B) The owner or operator determines that the air emissions 
resulting from the repair of the defect within the specified period 
would be greater than the fugitive emissions likely to result by 
delaying the repair until the next time the process or unit that vents 
to the closed-vent system is shutdown.
    (iii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.696 of 
this subpart.
    (d) Owners and operators that use a transfer system equipped with a 
cover in accordance with the provisions of Sec. 63.689(c)(1) of this 
subpart shall meet the following inspection requirements:
    (1) The cover and its closure devices shall be visually inspected by 
the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover sections or between the cover and its 
mounting; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices. In the case when a transfer system is buried 
partially or entirely underground, inspection is required only for those 
portions of the cover that extend to or above the ground surface, and 
those connections that are on such portions of the cover (e.g., access 
hatches, etc.) and can be opened to the atmosphere.
    (2) The owner or operator must perform an initial inspection 
following installation of the cover. Thereafter, the owner or operator 
must perform the inspections at least once every calendar year except as 
provided for in paragraph (f) of this section.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d)(5) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (5) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (d)(5)(ii) of this section.
    (ii) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the transfer system and no 
alternative transfer system is available at the site to accept the 
material normally handled by the system. In this case, the owner or 
operator shall repair the defect the next time the process or unit that 
is generating the material handled by the transfer system stops 
operation. Repair of the defect must be completed before the process or 
unit resumes operation.
    (iii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.696 of 
this subpart.
    (e) Control device monitoring requirements. For each control device 
required under Sec. 63.693 of this subpart to be monitored in 
accordance with the provisions of this paragraph (e), the owner or 
operator must ensure that each control device operates properly by 
monitoring the control device in accordance with the requirements 
specified in paragraphs (e)(1) through (e)(7) of this section.

[[Page 137]]

    (1) A continuous parameter monitoring system must be used to measure 
the operating parameter or parameters specified for the control device 
in Sec. 63.693(d) through Sec. 63.693(g) of this subpart as applicable 
to the type and design of the control device. The continuous parameter 
monitoring system must meet the following specifications and 
requirements:
    (i) The continuous parameter monitoring system must measure either 
an instantaneous value at least once every 15 minutes or an average 
value for intervals of 15 minutes or less and continuously 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) 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 operation of the control 
device is continuous, the operating day is a 24-hour period. If control 
device 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.
    (3) For each monitored operating parameter, the owner or operator 
must establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the control device must be operated to continuously 
achieve the applicable performance requirements specified in Sec. 
63.693(b)(2) of this subpart. Each minimum or maximum operating 
parameter value must be established in accordance with the requirements 
in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
    (i) If the owner or operator conducts a performance test to 
demonstrate control device performance, then the minimum or maximum 
operating parameter value must be established based on values measured 
during the performance test and supplemented, as necessary, by the 
control device design specifications, manufacturer recommendations, or 
other applicable information.
    (ii) If the owner or operator uses a control device design analysis 
to demonstrate control device performance, then the minimum or maximum 
operating parameter value must be established based on the control 
device design analysis and supplemented, as necessary, by the control 
device manufacturer recommendations or other applicable information.
    (4) 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 (e)(4)(i) through 
(e)(4)(iii) of this section being met. When multiple operating 
parameters are monitored for the same control device and during the same 
operating day more than one of these operating parameters meets an 
excursion criterion specified in paragraphs (e)(4)(i) through 
(e)(4)(iii) 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 (e)(3) of this section.
    (ii) An excursion occurs when the period of control device operation 
is 4 hours or greater in an operating day and the monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours. Monitoring data are insufficient to constitute a 
valid hour of data if measured values are unavailable for

[[Page 138]]

any of the 15-minute periods within the hour.
    (iii) An excursion occurs when the period of control device 
operation is less than 4 hours in an operating day and more than 1 of 
the hours during the period does not constitute a valid hour of data due 
to insufficient monitoring data. Monitoring data are insufficient to 
constitute a valid hour of data if measured values are unavailable for 
any of the 15-minute periods within the hour.
    (5) For each excursion, except as provided for in paragraph(e)(6) 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.
    (6) An excursion is not a violation of this standard under any one 
of the conditions specified in paragraphs (e)(6)(i) and (e)(6)(ii) of 
this section.
    (i) An excursion is not a violation nor does it count toward the 
number of excused excursions allowed under paragraph (e)(6)(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 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, 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 semiannual report 
submitted by the owner or operator in accordance with Sec. 63.697(b)(4) 
of this subpart.
    (7) Nothing in paragraphs (e)(1) through (e)(6) 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.
    (f) Alternative inspection and monitoring interval. Following the 
initial inspection and monitoring of a piece of air pollution control 
equipment in accordance with the applicable provisions of this section, 
subsequent inspection and monitoring of the equipment may be performed 
at intervals longer than 1 year when an owner or operator determines 
that performing the required inspection or monitoring procedures would 
expose a worker to dangerous, hazardous, or otherwise unsafe conditions 
and the owner or operator complies with the requirements specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific air pollution 
control equipment designated as ``unsafe to inspect and monitor.'' The 
documentation must include for each piece of air pollution control 
equipment designated as such a written explanation of the reasons why 
the equipment is unsafe to inspect or monitor using the applicable 
procedures under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the air pollution control equipment 
using the applicable procedures specified in this section during times 
when a worker can safely access the air pollution control equipment. The 
required inspections and monitoring must be performed as frequently as 
practicable but do not need to be performed more frequently than the 
periodic schedule that would be otherwise applicable to the air 
pollution control equipment under the provisions of this section. A copy 
of the written plan and schedule must be maintained at the plant site.

[64 FR 38977, July 20, 1999, as amended at 68 FR 37352, June 23, 2003; 
71 FR 20457, Apr. 20, 2006]



Sec. 63.696  Recordkeeping requirements.

    (a) The owner or operator subject to this subpart shall comply with 
the recordkeeping requirements in Sec. 63.10 under 40 CFR 63 subpart 
A--General Provisions that are applicable to this subpart as specified 
in Table 2 of this subpart.
    (b) The owner or operator of a control device subject to this 
subpart shall maintain the records in accordance with the requirements 
of 40 CFR 63.10 of this part.

[[Page 139]]

    (c) [Reserved]
    (d) Each owner or operator using an internal floating roof to comply 
with the tank control requirements specified in Sec. 63.685(e) of this 
subpart or using an external floating roof to comply with the tank 
control requirements specified in Sec. 63.685(f) of this subpart shall 
prepare and maintain the following records:
    (1) Documentation describing the floating roof design and the 
dimensions of the tank.
    (2) A record for each inspection required by Sec. 63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and the 
date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 63.695(b)(4) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (4) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec. 63.685(f) of 
this subpart shall prepare and maintain records for each seal gap 
inspection required by Sec. 63.695(b) describing the results of the 
seal gap measurements. The records shall include the date of that the 
measurements are performed, the raw data obtained for the measurements, 
and the calculations of the total gap surface area. In the event that 
the seal gap measurements do not conform to the specifications in Sec. 
63.695(b) of this subpart, the records shall include a description of 
the repairs that were made, the date the repairs were made, and the date 
the separator was emptied, if necessary.
    (e) Each owner or operator using a fixed roof to comply with the 
tank control requirements specified in Sec. 63.685(g) of this subpart 
shall prepare and maintain the following records:
    (1) A record for each inspection required by Sec. 63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and the 
date of inspection.
    (2) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 63.695(b)(4) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (f) Each owner or operator using an enclosure to comply with the 
tank control requirements specified in Sec. 63.685(i) of this subpart 
shall prepare and maintain records for the most recent set of 
calculations and measurements performed by the owner or operator to 
verify that the enclosure meets the criteria of a permanent total 
enclosure as specified in ``Procedure T--Criteria for and Verification 
of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, 
Appendix B.
    (g) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (g)(1) and (g)(2) of this section 
for those planned routine maintenance operations that would require the 
control device not to meet the requirements of Sec. 63.693(d) through 
(h) of this subpart, as applicable.
    (1) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (2) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall

[[Page 140]]

include the type of maintenance performed and the total number of hours 
during these 6 months that the control device did not meet the 
requirement of Sec. 63.693 (d) through (h) of this subpart, as 
applicable, due to planned routine maintenance.
    (h) An owner or operator shall record the information specified in 
paragraphs (h)(1) through (h)(3) of this section for those unexpected 
control device system malfunctions that would require the control device 
not to meet the requirements of Sec. 63.693 (d) through (h) of this 
subpart, as applicable.
    (1) The occurrence and duration of each malfunction of the control 
device system.
    (2) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device while the control device is not 
properly functioning.
    (3) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.



Sec. 63.697  Reporting requirements.

    (a) Each owner or operator of an affected source subject to this 
subpart must comply with the notification requirements specified in 
paragraph (a)(1) of this section and the reporting requirements 
specified in paragraph (a)(2) of this section.
    (1) The owner or operator of an affected source must submit notices 
to the Administrator in accordance with the applicable notification 
requirements in 40 CFR 63.9 as specified in Table 2 of this subpart. For 
the purpose of this subpart, an owner or operator subject to the initial 
notification requirements under 40 CFR 63.9(b)(2) must submit the 
required notification on or before October 19, 1999.
    (2) The owner or operator of an affected source must submit reports 
to the Administrator in accordance with the applicable reporting 
requirements in 40 CFR 63.10 as specified in Table 2 of this subpart.
    (b) The owner or operator of a control device used to meet the 
requirements of Sec. 63.693 of this subpart shall submit the following 
notifications and reports to the Administrator:
    (1) A Notification of Performance Tests specified in Sec. 63.7 and 
Sec. 63.9(g) of this part,
    (2) Performance test reports specified in Sec. 63.10(d)(2) of this 
part, and
    (3) Startup, shutdown, and malfunction reports specified in Sec. 
63.10(d)(5) of this part.
    (i) If actions taken by an owner or operator during a startup, 
shutdown, or malfunction of an affected source (including actions taken 
to correct a malfunction) are not completely consistent with the 
procedures specified in the source's startup, shutdown, and malfunction 
plan specified in Sec. 63.6(e)(3) of this part, the owner or operator 
shall state such information in the report. The startup, shutdown, or 
malfunction report shall consist of a letter, containing the name, 
title, and signature of the responsible official who is certifying its 
accuracy, that shall be submitted to the Administrator, and
    (ii) Separate startup, shutdown, or malfunction reports are not 
required if the information is included in the summary report specified 
in paragraph (b)(4) of this section.
    (4) A summary report specified in Sec. 63.10(e)(3) of this part 
shall be submitted on a semiannual basis (i.e., once every 6-month 
period). The summary report must include a description of all excursions 
as defined in Sec. 63.695(e) of this subpart that have occurred during 
the 6-month reporting period. For each excursion caused when the daily 
average value of a monitored operating parameter is less than the 
minimum operating parameter limit (or, if applicable, greater than the 
maximum operating parameter limit), the report must include the daily 
average values of the monitored parameter, the applicable operating 
parameter limit, and the date and duration of the period that the 
exceedance occurred. For each excursion caused by lack of monitoring 
data, the report must include the date and duration of period when the 
monitoring data were not collected and the reason why the data were not 
collected.
    (c) Each owner or operator using an internal floating roof or 
external floating roof to comply with the Tank Level

[[Page 141]]

2 control requirements specified in Sec. 63.685(d) of this subpart 
shall notify the Administrator in advance of each inspection required 
under Sec. 63.695(b) of this subpart to provide the Administrator with 
the opportunity to have an observer present during the inspection. The 
owner or operator shall notify the Administrator of the date and 
location of the inspection as follows:
    (1) Prior to each inspection to measure external floating roof seal 
gaps as required under Sec. 63.695(b) of this subpart, written 
notification shall be prepared and sent by the owner or operator so that 
it is received by the Administrator at least 30 calendar days before the 
date the measurements are scheduled to be performed.
    (2) Prior to each visual inspection of an internal floating roof or 
external floating roof in a tank that has been emptied and degassed, 
written notification shall be prepared and sent by the owner or operator 
so that it is received by the Administrator at least 30 calendar days 
before refilling the tank except when an inspection is not planned as 
provided for in paragraph (c)(3) of this section.
    (3) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Administrator as soon as possible, but no later than 7 calendar days 
before refilling of the tank. This notification may be made by telephone 
and immediately followed by a written explanation for why the inspection 
is unplanned. Alternatively, written notification, including the 
explanation for the unplanned inspection, may be sent so that it is 
received by the Administrator at least 7 calendar days before refilling 
the tank.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38981, July 20, 1999]



Sec. 63.698  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 the requirements in Sec. Sec. 
63.680, 63.683 through 63.691, and 63.693. 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 37352, June 23, 2003]

Table 1 to Subpart DD of Part 63--List of Hazardous Air Pollutants (HAP) 
                             for Subpart DD

----------------------------------------------------------------------------------------------------------------
                  CAS No. \a\                                      Chemical name                       fm 305
----------------------------------------------------------------------------------------------------------------
75-07-0........................................  Acetaldehyde.....................................        1.000
75-05-8........................................  Acetonitrile.....................................        0.989
98-86-2........................................  Acetophenone.....................................        0.314
107-02-8.......................................  Acrolein.........................................        1.000
107-13-1.......................................  Acrylonitrile....................................        0.999

[[Page 142]]

 
107-05-1.......................................  Allyl chloride...................................        1.000
71-43-2........................................  Benzene (includes benzene in gasoline)...........        1.000
98-07-7........................................  Benzotrichloride (isomers and mixture)...........        0.958
100-44-7.......................................  Benzyl chloride..................................        1.000
92-52-4........................................  Biphenyl.........................................        0.864
542-88-1.......................................  Bis(chloromethyl)ether \b\.......................        0.999
75-25-2........................................  Bromoform........................................        0.998
106-99-0.......................................  1,3-Butadiene....................................        1.000
75-15-0........................................  Carbon disulfide.................................        1.000
56-23-5........................................  Carbon tetrachloride.............................        1.000
43-58-1........................................  Carbonyl sulfide.................................        1.000
133-90-4.......................................  Chloramben.......................................        0.633
108-90-7.......................................  Chlorobenzene....................................        1.000
67-66-3........................................  Chloroform.......................................        1.000
107-30-2.......................................  Chloromethyl methyl ether \b\....................        1.000
126-99-8.......................................  Chloroprene......................................        1.000
98-82-8........................................  Cumene...........................................        1.000
94-75-7........................................  2,4-D, salts and esters..........................        0.167
334-88-3.......................................  Diazomethane \c\.................................        0.999
132-64-9.......................................  Dibenzofurans....................................        0.967
96-12-8........................................  1,2-Dibromo-3-chloropropane......................        1.000
106-46-7.......................................  1,4-Dichlorobenzene(p)...........................        1.000
107-06-2.......................................  Dichloroethane (Ethylene dichloride).............        1.000
111-44-4.......................................  Dichloroethyl ether (Bis(2-chloroethyl ether)....        0.757
542-75-6.......................................  1,3-Dichloropropene..............................        1.000
79-44-7........................................  Dimethyl carbamoyl chloride \c\..................        0.150
64-67-5........................................  Diethyl sulfate..................................        0.0025
77-78-1........................................  Dimethyl sulfate.................................        0.086
121-69-7.......................................  N,N-Dimethylaniline..............................        0.0008
51-28-5........................................  2,4-Dinitrophenol................................        0.0077
121-14-2.......................................  2,4-Dinitrotoluene...............................        0.0848
123-91-1.......................................  1,4-Dioxane (1,4-Diethyleneoxide)................        0.869
106-89-8.......................................  Epichlorohydrin (1-Chloro-2,3-epoxypropane)......        0.939
106-88-7.......................................  1,2-Epoxybutane..................................        1.000
140-88-5.......................................  Ethyl acrylate...................................        1.000
100-41-4.......................................  Ethyl benzene....................................        1.000
75-00-3........................................  Ethyl chloride (Chloroethane)....................        1.000
106-93-4.......................................  Ethylene dibromide (Dibromoethane)...............        0.999
107-06-2.......................................  Ethylene dichloride (1,2-Dichloroethane).........        1.000
151-56-4.......................................  Ethylene imine (Aziridine).......................        0.867
75-21-8........................................  Ethylene oxide...................................        1.000
75-34-3........................................  Ethylidene dichloride (1,1-Dichloroethane).......        1.000
                                                 Glycol ethers \d\ that have a Henry's Law              (e)
                                                  constant value equal to or greater than 0.1 Y/X
                                                  (1.8x10-6 atm/gm-mole/m\3\) at 25[deg]C.
118-74-1.......................................  Hexachlorobenzene................................        0.97
87-68-3........................................  Hexachlorobutadiene..............................        0.88
67-72-1........................................  Hexachloroethane.................................        0.499
110-54-3.......................................  Hexane...........................................        1.000
78-59-1........................................  Isophorone.......................................        0.506
58-89-9........................................  Lindane (all isomers)............................        1.000
67-56-1........................................  Methanol.........................................        0.855
74-83-9........................................  Methyl bromide (Bromomethane)....................        1.000
74-87-3........................................  Methyl chloride (Choromethane)...................        1.000
71-55-6........................................  Methyl chloroform (1,1,1-Trichloroethane)........        1.000
78-93-3........................................  Methyl ethyl ketone (2-Butanone).................        0.990
74-88-4........................................  Methyl iodide (Iodomethane)......................        1.0001
108-10-1.......................................  Methyl isobutyl ketone (Hexone)..................        0.9796
624-83-9.......................................  Methyl isocyanate................................        1.000
80-62-6........................................  Methyl methacrylate..............................        0.916
1634-04-4......................................  Methyl tert butyl ether..........................        1.000
75-09-2........................................  Methylene chloride (Dichloromethane).............        1.000
91-20-3........................................  Naphthalene......................................        0.994
98-95-3........................................  Nitrobenzene.....................................        0.394
79-46-9........................................  2-Nitropropane...................................        0.989
82-68-8........................................  Pentachloronitrobenzene (Quintobenzene)..........        0.839
87-86-5........................................  Pentachlorophenol................................        0.0898
75-44-5........................................  Phosgene \c\.....................................        1.000
123-38-6.......................................  Propionaldehyde..................................        0.999
78-87-5........................................  Propylene dichloride (1,2-Dichloropropane).......        1.000
75-56-9........................................  Propylene oxide..................................        1.000
75-55-8........................................  1,2-Propylenimine (2-Methyl aziridine)...........        0.945
100-42-5.......................................  Styrene..........................................        1.000
96-09-3........................................  Styrene oxide....................................        0.830
79-34-5........................................  1,1,2,2-Tetrachloroethane........................        0.999

[[Page 143]]

 
127-18-4.......................................  Tetrachloroethylene (Perchloroethylene)..........        1.000
108-88-3.......................................  Toluene..........................................        1.000
95-53-4........................................  o-Toluidine......................................        0.152
120-82-1.......................................  1,2,4-Trichlorobenzene...........................        1.000
71-55-6........................................  1,1,1-Trichloroethane (Methyl chlorform).........        1.000
79-00-5........................................  1,1,2-Trichloroethane (Vinyl trichloride)........        1.000
79-01-6........................................  Trichloroethylene................................        1.000
95-95-4........................................  2,4,5-Trichlorophenol............................        0.108
88-06-2........................................  2,4,6-Trichlorophenol............................        0.132
121-44-8.......................................  Triethylamine....................................        1.000
540-84-1.......................................  2,2,4-Trimethylpentane...........................        1.000
108-05-4.......................................  Vinyl acetate....................................        1.000
593-60-2.......................................  Vinyl bromide....................................        1.000
75-01-4........................................  Vinyl chloride...................................        1.000
75-35-4........................................  Vinylidene chloride (1,1-Dichloroethylene).......        1.000
1330-20-7......................................  Xylenes (isomers and mixture)....................        1.000
95-47-6........................................  o-Xylenes........................................        1.000
108-38-3.......................................  m-Xylenes........................................        1.000
106-42-3.......................................  p-Xylenes........................................        1.000
----------------------------------------------------------------------------------------------------------------
Notes:
fm 305 = Method 305 fraction measure factor.
a. CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers,
  or mixtures of compounds.
b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals.
c. Denotes a HAP that may react violently with water, exercise caustic is an expected analyte.
d. Denotes a HAP that hydrolyzes slowly in water.
e. The fm 305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
  Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.


[64 FR 38981, July 20, 1999]

Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in Subpart 
           A of This Part 63--General Provisions to Subpart DD

------------------------------------------------------------------------
                                    Applies to
      Subpart A reference           Subpart DD          Explanation
------------------------------------------------------------------------
63.1(a)(1)....................  Yes                .....................
63.1(a)(2)....................  Yes                .....................
63.1(a)(3)....................  Yes                .....................
63.1(a)(4)....................  No                 Subpart DD (this
                                                    table) specifies
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    DD.
63.1(a)(5)-63.1(a)(9).........  No                 .....................
63.1(a)(10)...................  Yes                .....................
63.1(a)(11)...................  Yes                .....................
63.1(a)(12)...................  Yes                .....................
63.1(a)(13)...................  Yes                .....................
63.1(a)(14)...................  Yes                .....................
63.1(b)(1)....................  No                 Subpart DD specifies
                                                    its own
                                                    applicability.
63.1(b)(2)....................  Yes                .....................
63.1(b)(3)....................  No                 .....................
63.1(c)(1)....................  No                 Subpart DD explicitly
                                                    specifies
                                                    requirements that
                                                    apply.
63.1(c)(2)....................  No                 Area sources are not
                                                    subject to subpart
                                                    DD.
63.1(c)(3)....................  No                 .....................
63.1(c)(4)....................  Yes                .....................
63.1(c)(5)....................  Yes                Except that sources
                                                    are not required to
                                                    submit notifications
                                                    overridden by this
                                                    table.
63.1(d).......................  No                 .....................
63.1(e).......................  No                 .....................
63.2..........................  Yes                Sec.  63.681 of
                                                    subpart DD specifies
                                                    that if the same
                                                    term is defined in
                                                    subparts A and DD,
                                                    it shall have the
                                                    meaning given in
                                                    subpart DD.
63.3..........................  Yes                .....................
63.4(a)(1)-63.4(a)(3).........  Yes
63.4(a)(4)....................  No...............  Reserved.
63.4(a)(5)....................  Yes
63.4(b).......................  Yes
63.4(c).......................  Yes
63.5(a)(1)....................  Yes                Except replace term
                                                    ``source'' and
                                                    ``stationary
                                                    source'' in Sec.
                                                    63.5(a)(1) of
                                                    subpart A with
                                                    ``affected source.''
63.5(a)(2)....................  Yes
63.5(b)(1)....................  Yes
63.5(b)(2)....................  No                 Reserved.
63.5(b)(3)....................  Yes

[[Page 144]]

 
63.5(b)(4)....................  Yes                Except the cross-
                                                    reference to Sec.
                                                    63.9(b) is changed
                                                    to Sec.  63.9(b)(4)
                                                    and (5). Subpart DD
                                                    overrides Sec.
                                                    63.9(b)(2) and
                                                    (b)(3).
63.5(b)(5)....................  Yes
63.5(b)(6)....................  Yes
63.5(c).......................  No                 Reserved.
63.5(d)(1)(i).................  Yes
63.5(d)(1)(ii)................  Yes
63.5(d)(1)(iii)...............  Yes
63.5(d)(2)....................  No
63.5(d)(3)....................  Yes
63.5(d)(4)....................  Yes
63.5(e).......................  Yes
63.5(f)(1)....................  Yes
63.5(f)(2)....................  Yes
63.6(a).......................  Yes
63.6(b)(1)....................  No                 Subpart DD specifies
                                                    compliance dates for
                                                    sources subject to
                                                    subpart DD.
63.6(b)(2)....................  No
63.6(b)(3)....................  Yes
63.6(b)(4)....................  No                 May apply when
                                                    standards are
                                                    proposed under
                                                    section 112(f) of
                                                    the Clean Air Act.
63.6(b)(5)....................  No...............  Sec.  63.697 of
                                                    subpart DD includes
                                                    notification
                                                    requirements.
63.6(b)(6)....................  No
63.6(b)(7)....................  No
63.6(c)(1)....................  No                 Sec.  63.680 of
                                                    subpart DD specifies
                                                    the compliance date.
63.6(c)(2)-63.6(c)(4).........  No
63.6(c)(5)....................  Yes
63.6(d).......................  No
63.6(e).......................  Yes
63.6(f)(1)....................  Yes
63.6(f)(2)(i).................  Yes
63.6(f)(2)(ii)................  Yes                Subpart DD specifies
                                                    the use of
                                                    monitoring data in
                                                    determining
                                                    compliance with
                                                    subpart DD.
63.6(f)(2)(iii) (A), (B), and   Yes
 (C).
63.6(f)(2)(iii) (D)...........  No
63.6(f)(2)(iv)................  Yes
63.6(f)(2)(v).................  Yes
63.6(f)(3)....................  Yes
63.6(g).......................  Yes
63.6(h).......................  No                 Subpart DD does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.6(i).......................  Yes                Except for Sec.
                                                    63.6(i)(15), which
                                                    is reserved.
63.6(j).......................  Yes
63.7(a)(1)....................  No                 Subpart DD specifies
                                                    required testing and
                                                    compliance
                                                    demonstration
                                                    procedures.
63.7(a)(2)....................  Yes
63.7(a)(3)....................  Yes
63.7(b).......................  No
63.7(c).......................  No
63.7(d).......................  Yes
63.7(e)(1)....................  Yes
63.7(e)(2)....................  Yes
63.7(e)(3)....................  No                 Subpart DD specifies
                                                    test methods and
                                                    procedures.
63.7(e)(4)....................  Yes
63.7(f).......................  No                 Subpart DD specifies
                                                    applicable methods
                                                    and provides
                                                    alternatives.
63.7(g).......................  Yes
63.7(h)(1)....................  Yes
63.7(h)(2)....................  Yes
63.7(h)(3)....................  Yes
63.7(h)(4)....................  No
63.7(h)(5)....................  Yes
63.8(a).......................  No
63.8(b)(1)....................  Yes
63.8(b)(2)....................  No                 Subpart DD specifies
                                                    locations to conduct
                                                    monitoring.
63.8(b)(3)....................  Yes
63.8(c)(1)(i).................  Yes
63.8(c)(1)(ii)................  Yes
63.8(c)(1)(iii)...............  Yes
63.8(c)(2)....................  Yes
63.8(c)(3)....................  Yes
63.8(c)(4)....................  No                 Subpart DD specifies
                                                    monitoring frequency
63.8(c)(5)-63.8(c)(8).........  No

[[Page 145]]

 
63.8(d).......................  No
63.8(e).......................  No
63.8(f)(1)....................  Yes
63.8(f)(2)....................  Yes
63.8(f)(3)....................  Yes
63.8(f)(4)(i).................  Yes
63.8(f)(4)(ii)................  Yes
63.8(f)(4)(iii)...............  No
63.8(f)(5)(i).................  Yes
63.8(f)(5)(ii)................  No
63.8(f)(5)(iii)...............  Yes
63.8(f)(6)....................  Yes
63.8(g).......................  Yes
63.9(a).......................  Yes
63.9(b)(1)(i).................  Yes
63.9(b)(1)(ii)................  No
63.9(b)(2)....................  Yes
63.9(b)(3)....................  No
63.9(b)(4)....................  Yes
63.9(b)(5)....................  Yes
63.9(c).......................  Yes
63.9(d).......................  Yes
63.9(e).......................  No
63.9(f).......................  No
63.9(g).......................  No
63.9(h).......................  Yes
63.9(i).......................  Yes
63.9(j).......................  No
63.10(a)......................  Yes
63.10(b)(1)...................  Yes
63.10(b)(2)(i)................  Yes
63.10(b)(2)(ii)...............  Yes
63.10(b)(2)(iii)..............  No
63.10(b)(2)(iv)...............  Yes
63.10(b)(2)(v)................  Yes
63.10(b)(2)(vi)-(ix)..........  Yes
63.10(b)(2)(x)-(xi)...........  Yes
63.10(b)(2) (xii)-(xiv).......  No
63.10(b)(3)...................  Yes
63.10(c)......................  No
63.10(d)(1)...................  No
63.10(d)(2)...................  Yes
63.10(d)(3)...................  No
63.10(d)(4)...................  Yes
63.10(d)(5)(i)................  Yes
63.10(d)(5)(ii)...............  Yes
63.10(e)......................  No
63.10(f)......................  Yes
63.11-63.15...................  Yes
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.


[64 FR 38983, July 20, 1999, as amended at 66 FR 1267, Jan. 8, 2001]

   Table 3 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
      Existing Affected Sources as Required by 40 CFR 63.685(b)(1)

------------------------------------------------------------------------
                                    Maximum HAP vapor
  Tank design capacity (cubic     pressure of off-site     Tank control
            meters)                material managed in        level
                                   tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75     Maximum HAP vapor       Level 1.
 m\3\.                            pressure less than
                                  76.6 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 75 m\3\ and less    pressure less than
 than 151 m\3\.                   27.6 kPa.
                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 27.6 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 151 m\3\.           pressures less than
                                  5.2 kPa.
                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 5.2 kPa.
------------------------------------------------------------------------


[[Page 146]]

 Table 4 to Subpart DD of Part 63--Tank Control Levels for Tanks at New 
           Affected Sources as Required by 40 CFR 63.685(b)(2)

------------------------------------------------------------------------
                                    Maximum HAP vapor
  Tank design capacity (cubic     pressure of off-site     Tank control
            meters)                material managed in        level
                                   tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 38     Maximum HAP vapor       Level 1.
 m\3\.                            pressure less than
                                  76.6 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 38 m\3\ and less    pressure less than
 than 151 m\3\.                   13.1 kPa.
                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 13.1 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 151 m\3\.           pressure less than
                                  0.7 kPa.
                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 0.7 kPa.
------------------------------------------------------------------------



 Subpart EE_National Emission Standards for Magnetic Tape Manufacturing 

                               Operations

    Source: 59 FR 64596, Dec. 15, 1994, unless otherwise noted.



Sec. 63.701  Applicability.

    (a) Except as specified in paragraph (b) of this section, the 
provisions of this subpart apply to:
    (1) Each new and existing magnetic tape manufacturing operation 
located at a major source of hazardous air pollutant (HAP) emissions; 
and
    (2) A magnetic tape manufacturing operation for which the owner or 
operator chooses to use the provisions of Sec. 63.703(b) and (h) to 
obtain a Federally enforceable limit on its potential to emit HAP.

    Explanatory Note: A reason the owner or operator would make the 
choice described in paragraph (a)(2) of this section is if the plant 
site, without this limit, would be a major source. The owner or operator 
could use this limit, which would establish the potential to emit from 
magnetic tape manufacturing operations, in conjunction with the 
potential to emit from the other HAP emission points at the stationary 
source, to be an area source. Note, however, that an owner or operator 
is not required to use the provisions in Sec. 63.703(b) and (h) to 
determine the potential to emit HAP from magnetic tape manufacturing 
operations.

    (b) This subpart does not apply to the following:
    (1) Research or laboratory facilities; and
    (2) Any coating operation that produces a quantity of magnetic tape 
that is 1 percent or less of total production (in terms of total square 
footage coated) from that coating operation in any 12-month period.
    (c) The affected source subject to this standard is the magnetic 
tape manufacturing operation, as defined in Sec. 63.702.
    (d) An owner or operator of an existing affected source subject to 
the provisions of this subpart shall comply according to the following 
schedule:
    (1) Within 3 years after the effective date of the standard, if the 
owner or operator is required to install a new add-on air pollution 
control device to meet the requirements of Sec. 63.703(c) or (g); or
    (2) Within 2 years after the effective date of the standard, if a 
new add-on air pollution control device is not needed to comply with 
Sec. 63.703(c) or (g) of these standards.
    (e) The compliance date for an owner or operator of a new affected 
source subject to the provisions of this subpart is immediately upon 
startup of the affected source.
    (f) The provisions of this subpart apply during periods of startup 
and shutdown, and whenever magnetic tape manufacturing operations are 
taking place.
    (g) Owners or operators of affected sources subject to the 
provisions of this subpart shall also comply with the requirements of 
subpart A as identified in Table 1, according to the applicability of 
subpart A to such sources.
    (h) In any title V permit for an affected source, all research or 
laboratory facilities that are exempt from the requirements of this 
subpart shall be clearly identified.



Sec. 63.702  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the

[[Page 147]]

meaning given to them in the Clean Air Act and in subpart A of this 
part.
    Add-on air pollution control device means equipment installed at the 
end of a process vent exhaust stack or stacks that reduces the quantity 
of a pollutant that is emitted to the air. The device may destroy or 
secure the pollutant for subsequent recovery. Examples are incinerators, 
condensers, carbon adsorbers, and biofiltration units. Transfer 
equipment and ductwork are not considered in and of themselves add-on 
air pollution control devices.
    Bag slitter means a device for enclosed transfer of particulates. A 
bag of raw materials is placed in a hopper, the hopper is closed, and an 
internal mechanism slits the bag, releasing the particulates into either 
a closed conveyor that feeds the mix preparation equipment or into the 
mix preparation equipment itself.
    Base substrate means the surface, such as plastic or paper, to which 
a coating is applied.
    Capture efficiency means the fraction of all organic vapors or other 
pollutants generated by a process that are directed to an add-on air 
pollution control device.
    Capture device means a hood, enclosed room, or other means of 
collecting HAP vapors or other pollutants into a duct that exhausts to 
an add-on air pollution control device.
    Carbon adsorber vessel means one vessel in a series of vessels in a 
carbon adsorption system that contains carbon and is used to remove 
gaseous pollutants from a gaseous emission source.
    Car seal means a seal that is placed on a device that is used either 
to open a closed valve or close an opened valve so that the position of 
the valve cannot be changed without breaking the seal.
    Closed system for flushing fixed lines means a system in which the 
line to be flushed is disconnected from its original position and 
connected to two closed containers, one that contains cleaning solvent 
and one that is empty. Solvent is flushed from the container with 
cleaning solvent, through the line, and into the empty containers.
    Coater or coating applicator means the apparatus used to apply a 
coating to a continuous base substrate.
    Coating application means the process by which the coating mix is 
applied to the base substrate.
    Coating operation means any coater, flashoff area, and drying oven 
located between a base substrate unwind station and a base substrate 
rewind station that coats a continuous base substrate.
    Control device efficiency means the ratio of the emissions collected 
or destroyed by an add-on air pollution control device to the total 
emissions that are introduced to the control device, expressed as a 
percentage.
    Day means a 24-consecutive-hour period.
    Drying oven means a chamber that uses heat to bake, cure, 
polymerize, or dry a surface coating; if the coating contains volatile 
solvents, the volatile portion is evaporated in the oven.
    Enclosed transfer method means a particulate HAP transfer method 
that uses an enclosed system to prevent particulate HAP from entering 
the atmosphere as dust. Equipment used for this purpose may include 
vacuum injection systems or other mechanical transfer systems, bag 
slitters, or supersacks.
    Equivalent diameter means four times the area of an opening divided 
by its perimeter.
    Facility means all contiguous or adjoining property that is under 
common ownership or control in which magnetic tape manufacturing is 
performed. The definition includes properties that are separated only by 
a road or other public right-of-way.
    Flashoff area means the portion of a coating operation between the 
coater and the drying oven where solvent begins to evaporate from the 
coated base substrate.
    Flushing of fixed lines means the flushing of solvent through lines 
that are typically fixed and are not associated with the cleaning of a 
tank, such as the line from the mix room to the coater.
    Freeboard ratio means the vertical distance from the surface of the 
liquid to the top of the sink or tank (freeboard height) divided by the 
smaller of the length or width of the sink or tank evaporative area.

[[Page 148]]

    Magnetic coatings means coatings applied to base substrates to make 
magnetic tape. Components of magnetic coatings may include: Magnetic 
particles, binders, dispersants, conductive pigments, lubricants, 
solvents, and other additives.
    Magnetic particles means particles in the coating mix that have 
magnetic properties. Examples of magnetic particles used in magnetic 
tape manufacturing are: y-oxide, doped iron oxides, chromium dioxide, 
barium ferrite, and metallic particles that usually consist of elemental 
iron, cobalt, and/or nickel.
    Magnetic tape means any flexible base substrate that is covered on 
one or both sides with a coating containing magnetic particles and that 
is used for audio recording, video recording, or any type of information 
storage.
    Magnetic tape manufacturing operation means all of the emission 
points within a magnetic tape manufacturing facility that are 
specifically associated with the manufacture of magnetic tape. These 
include, but are not limited to:
    (1) Solvent storage tanks;
    (2) Mix preparation equipment;
    (3) Coating operations;
    (4) Waste handling devices;
    (5) Particulate transfer operations;
    (6) Wash sinks for cleaning removable parts;
    (7) Cleaning involving the flushing of fixed lines;
    (8) Wastewater treatment systems; and
    (9) Condenser vents associated with distillation and stripping 
columns in the solvent recovery area, but not including the vent on a 
condenser that is used as the add-on air pollution control device.
    Mill means the pressurized equipment that uses the dispersing action 
of beads, combined with the high shearing forces of the centrifugal 
mixing action, to disperse the aggregates of magnetic particles 
thoroughly without reducing particle size.
    Mix preparation equipment means the vessels, except for mills, used 
to prepare the magnetic coating.
    Natural draft opening means any opening in a room, building, or 
total enclosure that remains open during operation of the facility and 
that is not connected to a duct in which a fan is installed. The rate 
and direction of the natural draft through such an opening is a 
consequence of the difference in pressures on either side of the wall 
containing the opening.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in 
which the spent carbon bed does not undergo carbon regeneration in the 
adsorption vessel.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limitation or standard.
    Overall HAP control efficiency means the total efficiency of the 
control system, determined by the product of the capture efficiency and 
the control device efficiency.
    Particulate means any material, except uncombined water, that exists 
as liquid or solid particles such as dust, smoke, mist, or fumes at 
standard conditions (760 millimeters of mercury, 0 degrees celsius).
    Particulate HAP transfer means the introduction of a particulate HAP 
into other dry ingredients or a liquid solution.
    Removable parts cleaning means cleaning of parts that have been 
moved from their normal position to a wash tank or sink containing 
solvent for the purpose of cleaning.
    Research or laboratory facility means any stationary source whose 
primary purpose is to conduct research and development to develop 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.
    Separator means a device in the wastewater treatment system in which 
immiscible solvent is physically separated from the water with which it 
is mixed.
    Solvent storage tanks means the stationary tanks that are associated 
with magnetic tape operations and that store virgin solvent, spent 
solvent,

[[Page 149]]

cleaning solvent, solvent at any stage of the solvent recovery process, 
or any volatile compound. They do not serve a process function.
    Solvent recovery area means the collection of devices used to remove 
HAP emissions from process air, to recover the HAP, and to purify the 
HAP. Typically, this area contains a control device such as a carbon 
adsorber or condenser, the wastewater treatment system, and the 
distillation columns.
    Solvent recovery device means, for the purposes of this subpart, an 
add-on air pollution control device in which HAP is captured rather than 
destroyed. Examples include carbon adsorption systems and condensers.
    Supersack means a container of particulate from the manufacturer or 
supplier with attached feed tubes and that is used to transfer 
particulate under the following conditions: the feed tubes are attached 
directly to the mix preparation equipment, the attachment interface is 
sealed, and all openings on the mix transfer equipment are closed to the 
atmosphere.
    Temporary total enclosure means a total enclosure that is 
constructed for the sole purpose of measuring the fugitive emissions 
from an affected source. A temporary total enclosure must be constructed 
and ventilated (through stacks suitable for testing) so that it has 
minimal impact on the performance of the permanent capture system. A 
temporary total enclosure will be assumed to achieve total capture of 
fugitive emissions if it conforms to the requirements found in Sec. 
63.705(c)(4)(i) and if all natural draft openings are at least four duct 
or hood equivalent diameters away from each exhaust duct or hood. 
Alternatively, the owner or operator may apply to the Administrator for 
approval of a temporary enclosure on a case-by-case basis.
    Total enclosure means a structure that is constructed around a 
gaseous emission source so that all gaseous pollutants emitted from the 
source are collected and ducted through a control device, such that 100 
percent capture efficiency is achieved. There are no fugitive emissions 
from a total enclosure. The only openings in a total enclosure are 
forced makeup air and exhaust ducts and any natural draft openings such 
as those that allow raw materials to enter and exit the enclosure for 
processing. All access doors or windows are closed during routine 
operation of the enclosed source. Brief, occasional openings of such 
doors or windows to accommodate process equipment adjustments are 
acceptable, but if such openings are routine or if an access door 
remains open during the entire operation, the access door must be 
considered a natural draft opening. The average inward face velocity 
across the natural draft openings of the enclosure must be calculated 
including the area of such access doors. The drying oven itself may be 
part of the total enclosure. A permanent enclosure that meets the 
requirements found in Sec. 63.705(c)(4)(i) is a total enclosure.
    Utilize means the use of HAP that is delivered to mix preparation 
equipment for the purpose of formulating coatings, the use of any other 
HAP (e.g., dilution solvent) that is added at any point in the 
manufacturing process, and the use of any HAP for cleaning activities. 
Alternatively, annual HAP utilization can be determined as net usage; 
that is, the HAP inventory at the beginning of a 12-month period, plus 
the amount of HAP purchased during the 12-month period, minus the amount 
of HAP in inventory at the end of a 12-month period.
    Vacuum injection system means a system in which a vacuum draws 
particulate from a storage container into a closed system that transfers 
particulates into the mix preparation equipment.
    Volatile organic compound (VOC) means any organic compound that 
participates in atmospheric photochemical reactions or that is measured 
by EPA Test Methods 18, 24, or 25A in appendix A of part 60 or an 
alternative test method as defined in Sec. 63.2.
    Volatile organic hazardous air pollutant (VOHAP) concentration means 
the concentration of an individually-speciated organic HAP in a 
wastewater discharge that is measured by Method 305 of appendix A to 40 
CFR part 63.
    Waste handling means processing or treatment of waste (liquid or 
solid) that is generated as a by-product of either the magnetic tape 
production process or cleaning operations.

[[Page 150]]

    Waste handling device means equipment that is used to separate 
solvent from solid waste (e.g., filter dryers) or liquid waste (e.g., 
pot stills and thin film evaporators). The solvents are recovered by 
heating, condensing, and collection.
    Wastewater discharge means the water phase that is discharged from 
the separator in a wastewater treatment system.
    Wastewater treatment system means the assortment of devices in which 
the solvent/water mixture, generated when the carbon bed in the carbon 
adsorber is desorbed by steam, is treated to remove residual organics in 
the water.
    (b) The nomenclature used in this subpart is defined when presented 
or has the meaning given below:
    (1) Ak = the area of each natural draft opening (k) in a 
total enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas 
stream (j) exiting the emission control device, in parts per million by 
volume.
    (3) Cbi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device, in parts per million by 
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device from the affected 
source, in parts per million by volume.
    (5) Cfk= the concentration of HAP or VOC in each 
uncontrolled gas stream (k) emitted directly to the atmosphere from the 
affected source, in parts per million by volume.
    (6) Cgv= the concentration of HAP or VOC in each 
uncontrolled gas stream entering each individual carbon adsorber vessel 
(v), in parts per million by volume. For the purposes of calculating the 
efficiency of the individual carbon adsorber vessel, Cgv may 
be measured in the carbon adsorption system's common inlet duct prior to 
the branching of individual inlet ducts to the individual carbon 
adsorber vessels.
    (7) Chv= the concentration of HAP or VOC in the gas 
stream exiting each individual carbon adsorber vessel (v), in parts per 
million by volume.
    (8) E = the control device efficiency achieved for the duration of 
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC 
capture system achieved for the duration of the emission test (expressed 
as a fraction).
    (10) FV = the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (11) G = the calculated mass of HAP per volume of coating solids (in 
kilograms per liter) contained in a batch of coating.
    (12) Hv= the individual carbon adsorber vessel (v) 
efficiency achieved for the duration of the emission test (expressed as 
a fraction).
    (13) Hsys= the efficiency of the carbon adsorption system 
calculated when each carbon adsorber vessel has an individual exhaust 
stack (expressed as a fraction).
    (14) Lsi= the volume fraction of solids in each batch of 
coating (i) applied as determined from the formulation records at the 
affected source.
    (15) Mci= the total mass in kilograms of each batch of 
coating (i) applied, or of each coating applied at an affected coating 
operation during a 7-day period, as appropriate, as determined from 
records at the affected source. This quantity shall be determined at a 
time and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the mass of the coating has been determined, appropriate 
adjustments shall be made to account for them.
    (16) Mr= the total mass in kilograms of HAP or VOC 
recovered for a 7-day period.
    (17) Qaj= the volumetric flow rate of each gas stream (j) 
exiting the emission control device in either dry standard cubic meters 
per hour when EPA Method 18 in appendix A of part 60 is used to measure 
HAP or VOC concentration or in standard cubic meters per hour (wet 
basis) when EPA Method 25A is used to measure HAP or VOC concentration.
    (18) Qbi= the volumetric flow rate of each gas stream (i) 
entering the emission control device, in dry standard cubic meters per 
hour when EPA Method 18 is used to measure HAP or VOC

[[Page 151]]

concentration or in standard cubic meters per hour (wet basis) when EPA 
Method 25A is used to measure HAP or VOC concentration.
    (19) Qdi= the volumetric flow rate of each gas stream (i) 
entering the emission control device from the affected source in either 
dry standard cubic meters per hour when EPA Method 18 is used to measure 
HAP or VOC concentration or in standard cubic meters per hour (wet 
basis) when EPA Method 25A is used to measure HAP or VOC concentration.
    (20) Qfk= the volumetric flow rate of each uncontrolled 
gas stream (k) emitted directly to the atmosphere from the affected 
source in either dry standard cubic meters per hour when EPA Method 18 
is used to measure HAP or VOC concentration or in standard cubic meters 
per hour (wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (21) Qgv= the volumetric flow rate of each gas stream 
entering each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration. For 
purposes of calculating the efficiency of the individual carbon adsorber 
vessel, the value of Qgv can be assumed to equal the value of 
Qhv measured for that carbon adsorber vessel.
    (22) Qhv= the volumetric flow rate of each gas stream 
exiting each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration.
    (23) Qin i = the volumetric flow rate of each gas stream 
(i) entering the total enclosure through a forced makeup air duct in 
standard cubic meters per hour (wet basis).
    (24) Qout j = the volumetric flow rate of each gas stream 
(j) exiting the total enclosure through an exhaust duct or hood in 
standard cubic meters per hour (wet basis).
    (25) R = the overall HAP or VOC emission reduction achieved for the 
duration of the emission test (expressed as a percentage).
    (26) RSi = the total mass in kilograms of HAP or VOC 
retained in the coated substrate after oven drying for a given magnetic 
tape product.
    (27) Vci = the total volume in liters of each batch of 
coating (i) applied as determined from records at the affected source.
    (28) Woi = the weight fraction of HAP or VOC in each 
batch of coating (i) applied, or of each coating applied at an affected 
coating operation during a 7-day period, as appropriate, as determined 
by EPA Method 24 or formulation data. This value shall be determined at 
a time and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the weight fraction of HAP or VOC in the coating has been 
determined, appropriate adjustments shall be made to account for them.



Sec. 63.703  Standards.

    (a) Each owner or operator of any affected source that is subject to 
the requirements of this subpart shall comply with the requirements of 
this subpart on and after the compliance dates specified in Sec. 
63.701.
    (b)(1) The owner or operator subject to Sec. 63.701(a)(2) shall 
determine limits on the amount of HAP utilized (see definition) in the 
magnetic tape manufacturing operation as the values for the potential to 
emit HAP from the magnetic tape manufacturing operation.
    (2) The limits on the amount of HAP utilized in the magnetic tape 
manufacturing operations shall be determined in the following manner.
    (i) The potential to emit each HAP from each emission point at the 
stationary source, other than those from magnetic tape manufacturing 
operations, shall be calculated and converted to the units of Mg/yr (or 
tons/yr).
    (ii) The limits on the HAP utilized in the magnetic tape 
manufacturing operation shall be determined as the values that, when 
summed with the values in paragraph (b)(2)(i) of this section, are less 
than 9.1 Mg/yr (10 tons/yr) for each individual HAP and 22.7 Mg/yr (25 
tons/yr) for the combination of HAP.

[[Page 152]]

    (3) The limits on the HAP utilized determined in paragraph (b)(2) of 
this section shall be in terms of Mg/yr (or tons/yr), calculated monthly 
on a rolling 12-month average. The owner or operator shall not exceed 
these limits.
    (4) An owner or operator subject to paragraph (b) of this section 
shall meet the requirements in paragraph (h) of this section.
    (5) A magnetic tape manufacturing operation that is subject to 
paragraph (b) of this section and is located at an area source is not 
subject to paragraphs (c) through (g) of this section.
    (c) Except as provided by Sec. 63.703(b), each owner or operator of 
an affected source subject to this subpart shall limit gaseous HAP 
emitted from each solvent storage tank, piece of mix preparation 
equipment, coating operation, waste handling device, and condenser vent 
in solvent recovery as specified in paragraphs (c)(1) through (c)(5) of 
this section:
    (1) Except as otherwise allowed in paragraphs (c)(2), (3), (4), and 
(5) of this section, each owner or operator shall limit gaseous HAP 
emitted from each solvent storage tank, piece of mix preparation 
equipment, coating operation, waste handling device, and condenser vent 
in solvent recovery by an overall HAP control efficiency of at least 95 
percent.
    (2) An owner or operator that uses an incinerator to control 
emission points listed in paragraph (c)(1) of this section may choose to 
meet the overall HAP control efficiency requirement of paragraph (c)(1) 
of this section, or may operate the incinerator such that an outlet HAP 
concentration of no greater than 20 parts per million by volume (ppmv) 
by compound on a dry basis is achieved, as long as the efficiency of the 
capture system is 100 percent.
    (3) An owner or operator may choose to meet the requirements of 
paragraph (c)(1) or (2) of this section by venting the room, building, 
or enclosure in which the HAP emission point is located to an add-on air 
pollution control device, as long as the required overall HAP control 
efficiency of this method is sufficient to meet the requirements of 
paragraph (c)(1) or (2) of this section.
    (4) In lieu of controlling HAP emissions from each solvent storage 
tank and piece of mix preparation equipment to the level required by 
paragraph (c)(1) of this section, an owner or operator of an affected 
source may elect to comply with one of the options set forth in 
paragraph (c)(4)(i), (ii) or (iii) of this section.
    (i) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 97 percent in lieu of either:
    (A) Controlling up to 10 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 8 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity.
    (ii) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 98 percent in lieu of either:
    (A) Controlling up to 15 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 13 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 11 HAP solvent 
storage tanks

[[Page 153]]

that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 9 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 7 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 5 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 3 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 1 HAP solvent 
storage tank that does not exceed 20,000 gallons in capacity.
    (iii) Control HAP emissions from all coating operations by an 
overall HAP control efficiency of at least 99 percent in lieu of either:
    (A) Controlling up to 20 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 18 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 16 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 14 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 12 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 10 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 8 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (I) Controlling up to 8 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (J) Controlling up to 9 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (K) Controlling up to 10 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity.
    (iv) Owners or operators choosing to meet the requirements of 
paragraphs (c)(4)(i), (ii), or (iii) of this section are also subject to 
the reporting requirement of Sec. 63.707(k).
    (5) In lieu of controlling HAP emissions from a coating operation to 
the level required by paragraph (c)(1) of this section, owners or 
operators may use magnetic coatings that contain no greater than 0.18 
kilograms of HAP per liter of coating solids for that coating operation. 
For the requirements of this paragraph, Sec. Sec. 63.6(e)(3), 63.6(f) 
(1) and (2), 63.8(b) (2) and (3), 63.8(c), 63.8(d), 63.8(e), 63.8(g), 
63.9 (e) and (g), 63.10(c), 63.10(d) (2), (3), and (5), 63.10(e) (1) and 
(2), and 63.11 of subpart A do not apply.
    (d) Particulate transfer operations. Except as stipulated by Sec. 
63.703(b), each owner or operator of an affected source subject to this 
subpart shall:

[[Page 154]]

    (1) Use an enclosed transfer method to perform particulate HAP 
transfer; or
    (2) Direct emissions from particulate HAP transfer through a hood or 
enclosure to a baghouse or fabric filter that exhibits no visible 
emissions while controlling HAP emissions from particulate HAP transfer.
    (e) Wash sinks for cleaning removable parts. (1) Except as 
stipulated by Sec. 63.703(b), each owner or operator of an affected 
source subject to this subpart shall limit gaseous HAP emissions from 
each wash sink containing HAP:
    (i) So that the overall HAP control efficiency is no less than 88 
percent; or
    (ii) By maintaining a minimum freeboard ratio of 75 percent in the 
wash sink at all times when the sink contains HAP.
    (2) Owners or operators may meet the requirements of paragraph 
(e)(1)(i) of this section by venting the room, building, or enclosure in 
which the sink is located, as long as the overall HAP control efficiency 
of this method is demonstrated to be at least 88 percent using the test 
methods in Sec. 63.705(e).
    (3) Wash sinks subject to the control provisions of subpart T of 
this part are not subject to paragraph (e)(1) or (e)(2) of this section.
    (f) Equipment for flushing fixed lines. (1) Except as stipulated by 
Sec. 63.703(b), each owner or operator of an affected source subject to 
this subpart shall limit gaseous HAP emissions from each affected set of 
equipment for flushing fixed lines:
    (i) So that the overall HAP control efficiency is at least 95 
percent; or
    (ii) By using a closed system for flushing fixed lines.
    (2) Owners or operators may meet the requirements of paragraph 
(f)(1)(i) of this section by venting the room, building, or enclosure in 
which the fixed lines are located, as long as the overall HAP control 
efficiency of this method is demonstrated to be at least 95 percent 
using the test methods in Sec. 63.705(f).
    (g) Wastewater treatment systems. (1) Except as stipulated by Sec. 
63.703(b), each owner or operator of an affected source subject to this 
subpart shall:
    (i) Treat the wastewater discharge to remove each HAP from magnetic 
tape manufacturing operations that is present in the wastewater 
discharge by at least the fraction removed (FR) specified in 
Table 9 of 40 CFR part 63, subpart G; or
    (ii) Treat (other than by dilution) the HAP from magnetic tape 
manufacturing operations that are present in the wastewater discharge 
such that the exit concentration is less than 50 ppmw of total VOHAP.
    (2) The treatment method used to meet the requirements of paragraph 
(g)(1) of this section shall not transfer emissions from the water to 
the atmosphere in an uncontrolled manner.
    (h)(1) Magnetic tape manufacturing operations that are subject to 
Sec. 63.703(b) and are not at major sources are not subject to 
Sec. Sec. 63.6(e), 63.6(f), 63.6(g), 63.6(i)(4), 63.7, 63.8, 63.9 (c) 
through (h), 63.10(b)(2), 63.10(c), 63.10(d) (2) through (5), 63.10(e), 
and 63.11 of subpart A.
    (2) Magnetic tape manufacturing operations subject to Sec. 
63.703(b) shall fulfill the recordkeeping requirements of Sec. 
63.706(e) and the reporting requirements of Sec. 63.707 (b), (c), and 
(j).
    (3) An owner or operator of a magnetic tape manufacturing operation 
subject to Sec. 63.703(b) who chooses to no longer be subject to Sec. 
63.703(b) shall notify the Administrator or delegated State of such 
change. If by no longer being subject to Sec. 63.703(b), the source at 
which the magnetic tape manufacturing operation is located would become 
a major source, the owner or operator shall meet the following 
requirements, starting from the date of such notification:
    (i) Comply with paragraphs (c) through (g) of this section, and 
other provisions of this subpart within the timeframe specified in Sec. 
63.6(c)(5); and
    (ii) Comply with the HAP utilization limits in Sec. 63.703(b) until 
the requirements of paragraph (h)(3)(i) of this section are met.
    (i) For any solvent storage tank, piece of mix preparation 
equipment, waste handling device, condenser vent in solvent recovery, 
wash sink for cleaning removable parts, and set of equipment for 
flushing of fixed lines, the owner or operator may, instead of

[[Page 155]]

meeting the requirements of paragraphs (c)(1), (e)(1)(i), or (f)(1)(i) 
of this section, vent the gaseous HAP emissions to an add-on air 
pollution control device other than an incinerator that, in conjunction 
with capture equipment or ductwork, is designed to achieve an overall 
HAP control efficiency of at least 95 percent for the emissions from the 
coating operation, and achieve an alternate outlet concentration limit 
when coating operations are not occurring, as determined in Sec. 
63.704(b)(11)(ii).
    (j) The requirements of this subpart do not preclude the use of 
pressure relief valves and vacuum relief valves for safety purposes.

[59 FR 64596, Dec. 15, 1994, as amended at 64 FR 17464, Apr. 9, 1999]



Sec. 63.704  Compliance and monitoring requirements.

    (a) For owners or operators of an affected source that are using 
add-on air pollution control equipment or a steam stripper to comply 
with Sec. 63.703, paragraph (b) of this section identifies the 
operating parameter to be monitored to demonstrate continuous 
compliance. For all owners or operators subject to Sec. 63.703, except 
Sec. 63.703(b) and (h), regardless of the type of control technique 
used, paragraph (c) of this section identifies the procedures that must 
be followed to demonstrate continuous compliance with Sec. 63.703.
    (b) Establishing a limit under Sec. 63.703(i) and operating 
parameter values. The owner or operator of an affected source subject to 
Sec. 63.703 except Sec. 63.703(b) and (h), shall establish the 
operating parameter value to be monitored for compliance as required by 
paragraph (c) of this section, in accordance with paragraphs (b)(1) 
through (b)(11) of this section. An owner or operator subject to Sec. 
63.703(i) shall establish a limit as required in paragraph (b)(11)(ii) 
of this section.
    (1) Except as allowed by paragraphs (b)(2), (3), (4), (5), or (9) of 
this section, for each add-on air pollution control device used to 
control solvent HAP emissions, the owner or operator shall fulfill the 
requirements of paragraph (b)(1)(i) or (ii) of this section.
    (i) The owner or operator shall establish as a site-specific 
operating parameter the outlet total HAP or VOC concentration that 
demonstrates compliance with Sec. 63.703(c)(1), (c)(2), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) as appropriate; or
    (ii) The owner or operator shall establish as the site-specific 
operating parameter the control device efficiency that demonstrates 
compliance with Sec. 63.703(c)(1), (c)(4), (e)(1)(i), and (f)(1)(i).
    (iii) When a nonregenerative carbon adsorber is used to comply with 
Sec. 63.703(c)(1), the site-specific operating parameter value may be 
established as part of the design evaluation used to demonstrate initial 
compliance (Sec. 63.705(c)(6)). Otherwise, the site-specific operating 
parameter value shall be established during the initial performance test 
conducted according to the procedures of Sec. 63.705(c)(1), (2), (3), 
or (4).
    (2) For each condenser used as the add-on air pollution control 
device to comply with Sec. 63.703(c), (e)(1)(i), (f)(1)(i) or (i), in 
lieu of meeting the requirements of Sec. 63.704(b)(1), during the 
initial performance test conducted according to the procedures of Sec. 
63.705(c)(1), (2), or (4), the owner or operator may establish as a 
site-specific operating parameter the maximum temperature of the 
condenser vapor exhaust stream and shall set the operating parameter 
value that demonstrates compliance with Sec. 63.703(c), (e)(1)(i), 
(f)(1)(i) or (i) as appropriate;
    (3) For each thermal incinerator, in lieu of meeting the 
requirements of Sec. 63.704(b)(1), during the initial performance test 
conducted according to the procedures of Sec. 63.705(c)(1), (2), or 
(4), the owner or operator may establish as a site-specific operating 
parameter the minimum combustion temperature and set the operating 
parameter value that demonstrates compliance with Sec. 63.703(c), 
(e)(1)(i), or (f)(1)(i), as appropriate.
    (4) For each catalytic incinerator, in lieu of meeting the 
requirements of Sec. 63.704(b)(1), during the initial performance test 
conducted according to the procedures of Sec. 63.705(c)(1), (2), or 
(4), the owner or operator may establish as site-specific operating 
parameters the minimum gas temperature upstream of the catalyst bed and 
the minimum gas

[[Page 156]]

temperature difference across the catalyst bed, and set the operating 
parameter values that demonstrate compliance with Sec. 63.703(c), 
(e)(1)(i), or (f)(1)(i), as appropriate.
    (5) For each nonregenerative carbon adsorber, in lieu of meeting the 
requirements of Sec. 63.704(b)(1), the owner or operator may establish 
as the site-specific operating parameter the carbon replacement time 
interval, as determined by the maximum design flow rate and organic 
concentration in the gas stream vented to the carbon adsorption system. 
The carbon replacement time interval shall be established either as part 
of the design evaluation to demonstrate initial compliance (Sec. 
63.705(c)(6)), or during the initial performance test conducted 
according to the procedures of Sec. 63.705(c)(1), (2), (3), or (4).
    (6) Each owner or operator venting solvent HAP emissions from a 
source through a room, enclosure, or hood, to a control device to comply 
with Sec. 63.703(c), (e)(1)(i), (f)(1)(i), or (i) shall:
    (i) Submit to the Administrator with the compliance status report 
required by Sec. 63.9(h) of the General Provisions a plan that:
    (A) Identifies the operating parameter to be monitored to ensure 
that the capture efficiency measured during the initial compliance test 
is maintained;
    (B) Discusses why this parameter is appropriate for demonstrating 
ongoing compliance; and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that 
demonstrate compliance with Sec. 63.703(c), (e)(1)(i), (f)(1)(i), or 
(i), as appropriate; and
    (iii) Conduct monitoring in accordance with the plan submitted to 
the Administrator unless comments received from the Administrator 
require an alternate monitoring scheme.
    (7) For each baghouse or fabric filter used to control particulate 
HAP emissions in accordance with Sec. 63.703(d)(2), the owner or 
operator shall establish as the site-specific operating parameter the 
minimum ventilation air flow rate through the inlet duct to the baghouse 
or fabric filter that ensures that particulate HAP are being captured 
and delivered to the control device. The minimum ventilation air flow 
rate is to be supported by the engineering calculations that are 
considered part of the initial performance test, as required by Sec. 
63.705(g)(2).
    (8) Owners or operators subject to Sec. 63.704(b)(1), (2), (3), 
(4), (5), (6), or (7) shall calculate the site-specific operating 
parameter value, or range of values, as the arithmetic average of the 
maximum and/or minimum operating parameter values, as appropriate, that 
demonstrate compliance with Sec. 63.703(c), (d), (e), (f) or (i) during 
the multiple test runs required by Sec. 63.705(b)(2) and (b)(1), or 
during the multiple runs of other tests conducted as allowed by 
paragraph Sec. 63.704(b)(11).
    (9) For each solvent recovery device used to comply with Sec. 
63.703(c), in lieu of meeting the requirements of paragraph (b)(1) of 
this section, the results of the material balance calculation conducted 
in accordance with Sec. 63.705(c)(1) may serve as the site-specific 
operating parameter that demonstrates compliance with Sec. 63.703(c).
    (10) Owners or operators complying with the provisions of Sec. 
63.703(g) shall establish the site-specific operating parameter 
according to paragraph (b)(10)(i) or (ii) of this section.
    (i) Owners or operators using a steam stripper shall establish the 
steam-to-feed ratio as the site-specific operating parameter, except as 
allowed in paragraph (b)(10)(ii) of this section, according to the 
following criteria:
    (A) The minimum operating parameter value shall correspond to at 
least the fraction removed specified in Sec. 63.703(g)(1)(i) and be 
submitted to the permitting authority for approval with the design 
specifications required by Sec. 63.705(h)(1); or
    (B) The minimum operating parameter value shall be that value that 
corresponds to a total VOHAP outlet concentration in the wastewater of 
less than 50 ppmw as determined through tests conducted in accordance 
with Sec. 63.705(b)(9) and (h)(2); or
    (C) The minimum operating parameter value shall be the value that 
corresponds to at least the fraction removed specified in Sec. 
63.705(g)(1)(i), as demonstrated through tests conducted

[[Page 157]]

in accordance with Sec. 63.705(b)(9) and (h)(3).
    (ii) Owners or operators complying with Sec. 63.703(g) through the 
use of a steam stripper or any other control technique may establish as 
a site-specific operating parameter the outlet total VOHAP concentration 
according to the following criteria:
    (A) The minimum operating parameter value shall correspond to at 
least the fraction removed specified in Sec. 63.703(g)(1)(i) and be 
submitted to the permitting authority for approval with the design 
specifications required by Sec. 63.705(h)(1); or
    (B) The minimum operating parameter value shall be a total VOHAP 
outlet concentration in the wastewater of less than 50 ppmw, as required 
by Sec. 63.703(g)(1)(ii), and as determined through tests conducted in 
accordance with Sec. 63.705 (b)(9) and (h)(2); or
    (C) The minimum operating parameter value shall be the value that 
corresponds to at least the fraction removed specified in Sec. 
63.705(g)(1)(i), as demonstrated through tests conducted in accordance 
with Sec. 63.705 (b)(9) and (h)(3).
    (11) Compliance provisions for nonrepresentative operating 
conditions. (i) The owner or operator of an affected source may conduct 
multiple performance tests to establish the operating parameter value, 
or range of values, that demonstrates compliance with the standards in 
Sec. 63.703 during various operating conditions.
    (ii) To establish an alternate outlet concentration limit as 
provided in Sec. 63.703(i), the owner or operator, when the coating 
operation is not occurring, shall conduct a performance test using the 
methods in Sec. 63.705 for determining initial compliance with Sec. 
63.703 (c)(1), (e)(1)(i) or (f)(1)(i), or shall collect data from 
continuous emission monitors used to determine continuous compliance as 
specified in Sec. 63.704 (b) and (c). During the period in which this 
limit is being established, the control device shall be operated in 
accordance with good air pollution control practices and in the same 
manner as it was operated to achieve the emission limitation for coating 
operations. Owners or operators choosing to establish such an 
alternative shall also comply with paragraphs (b)(11)(ii) (A) and (B) of 
this section.
    (A) The owner or operator shall submit the alternate outlet HAP 
concentration limit within 180 days after the compliance demonstration 
required by Sec. 63.7 of subpart A, to the Administrator, as required 
by Sec. 63.707(k)(1).
    (B) The Administrator will approve or disapprove the limit proposed 
in accordance with paragraph (b)(11)(ii)(A) of this section within 60 
days of receipt of the report required by Sec. 63.707(k)(1), and any 
other supplemental information requested by the Administrator to support 
the alternate limit.
    (c) Continuous compliance monitoring. Following the date on which 
the initial compliance demonstration is completed, continuous compliance 
with the standards shall be demonstrated as outlined in paragraphs (c), 
(d), (e), or (f) of this section.
    (1)(i) Each owner or operator of an affected source subject to Sec. 
63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) of 
this subpart shall monitor the applicable parameters specified in 
paragraphs (c)(3), (4), (5), (6), (7), or (9) of this section depending 
on the type of control technique used, and shall monitor the parameters 
specified in paragraph (c)(10) of this section.
    (ii) Each owner or operator of an affected source subject to Sec. 
63.703(c)(5) of this subpart shall demonstrate continuous compliance as 
required by paragraph (c)(8) of this section.
    (iii) Each owner or operator of an affected source subject to Sec. 
63.703(d)(2) of this subpart shall demonstrate continuous compliance as 
required by paragraph (e) of this section.
    (iv) Each owner or operator of an affected source subject to Sec. 
63.703(g) of this subpart shall demonstrate continuous compliance as 
required by paragraph (d) of this section.
    (2) Compliance monitoring shall be subject to the following 
provisions.
    (i) Except as allowed by paragraph (c)(3)(i)(C) of this section, all 
continuous emission monitors shall comply with performance specification 
(PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate depending on 
whether volatile organic compound (VOC) or HAP concentration is being 
measured. The requirements in appendix F of 40 CFR

[[Page 158]]

part 60 shall also be followed. In conducting the quarterly audits 
required by appendix F, owners or operators must challenge the monitors 
with compounds representative of the gaseous emission stream being 
controlled.
    (ii) All temperature monitoring equipment shall be installed, 
calibrated, maintained, and operated according to the manufacturer's 
specifications. The thermocouple calibration shall be verified or 
replaced every 3 months. The replacement shall be done either if the 
owner or operator chooses not to calibrate the thermocouple, or if the 
thermocouple cannot be properly calibrated.
    (iii) If the effluent from multiple emission points are combined 
prior to being channeled to a common control device, the owner or 
operator is required only to monitor the common control device, not each 
emission point.
    (3) Owners or operators complying with Sec. 63.703(c), (e)(1)(i), 
(f)(1)(i), or (i) through the use of a control device and establishing a 
site-specific operating parameter in accordance with Sec. 63.704(b)(1) 
shall fulfill the requirements of paragraphs (c)(3)(i) of this section 
and paragraph (c)(3)(ii), (iii), (iv), or (v) of this section, as 
appropriate.
    (i) The owner or operator shall install, calibrate, operate, and 
maintain a continuous emission monitor.
    (A) The continuous emission monitor shall be used to measure 
continuously the total HAP or VOC concentration at both the inlet and 
the outlet whenever HAP from magnetic tape manufacturing operations are 
vented to the control device, if continuous compliance is demonstrated 
through a percent efficiency calculation (Sec. 63.704(b)(1)(ii)); or
    (B) The continuous emission monitor shall be used to measure 
continuously the total outlet HAP or VOC concentration whenever HAP from 
magnetic tape manufacturing operations are vented to the control device, 
if the provisions of Sec. 63.704(b)(1)(i) are being used to determine 
continuous compliance.
    (C) For owners or operators using a nonregenerative carbon adsorber, 
in lieu of using continuous emission monitors as specified in paragraph 
(c)(3)(i) (A) or (B) of this section, the owner or operator may use a 
portable monitoring device to monitor total HAP or VOC concentration at 
the inlet and outlet, or outlet of the carbon adsorber, as appropriate.
    (1) The monitoring device shall be calibrated, operated, and 
maintained in accordance with the manufacturer's specifications.
    (2) The monitoring device shall meet the requirements of part 60, 
appendix A, method 21, sections 2, 3, 4.1, 4.2, and 4.4. For the 
purposes of paragraph (c)(3)(i)(C) of this section, the words ``leak 
definition'' in method 21 shall be the outlet concentration determined 
in accordance with Sec. 63.704(b)(1). The calibration gas shall either 
be representative of the compounds to be measured or shall be methane, 
and shall be at a concentration associated with 125 percent of the 
expected organic compound concentration level for the carbon adsorber 
outlet vent.
    (3) The probe inlet of the monitoring device shall be placed at 
approximately the center of the carbon adsorber outlet vent. The probe 
shall be held there for at least 5 minutes during which flow into the 
carbon adsorber is expected to occur. The maximum reading during that 
period shall be used as the measurement.
    (ii) If complying with Sec. 63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption 
system with a common exhaust stack for all of the carbon vessels, the 
owner or operator shall not operate the control device at an average 
control efficiency less than that required by Sec. 63.703 (c)(1), 
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) or at an average outlet 
concentration exceeding the site-specific operating parameter value or 
that required by Sec. 63.703(i), for three consecutive adsorption 
cycles. Operation in this manner shall constitute a violation of Sec. 
63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i).
    (iii) If complying with Sec. 63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption 
system with individual exhaust stacks for each of the multiple carbon 
adsorber vessels, the owner or operator shall not operate any carbon 
adsorber

[[Page 159]]

vessel at an average control efficiency less than that required by Sec. 
63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at an average 
outlet concentration exceeding the site-specific operating parameter 
value or that required by Sec. 63.703(i), as calculated daily using a 
3-day rolling average. Operation in this manner shall constitute a 
violation of Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), 
or (i).
    (iv) If complying with Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) through the use of any control device other 
than a carbon adsorber, the owner or operator shall not operate the 
control device at an average control efficiency less than that required 
by Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at 
an average outlet concentration exceeding the site-specific operating 
parameter value or that required by Sec. 63.703(c)(2) or (i), as 
calculated for any 3-hour period. Operation in this manner shall 
constitute a violation of Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i).
    (v) If complying with Sec. 63.703(c)(1) through the use of a 
nonregenerative carbon adsorber, in lieu of the requirements of 
paragraphs (c)(3) (ii) or (iii) of this section, the owner or operator 
may:
    (A) monitor the VOC or HAP concentration of the adsorber exhaust 
daily or at intervals no greater than 20 percent of the design carbon 
replacement interval, whichever is greater; operation of the control 
device at a HAP or VOC concentration greater than that determined in 
accordance with Sec. 63.704(b)(1)(iii) shall constitute a violation of 
Sec. 63.703 (c)(1), (e)(1)(i), or (f)(1)(i); or
    (B) replace the carbon in the carbon adsorber system with fresh 
carbon at a regular predetermined time interval as determined in 
accordance with Sec. 63.704(b)(5); failure to replace the carbon at 
this predetermined time interval shall constitute a violation of Sec. 
63.703 (c)(1), (e)(1)(i), or (f)(1)(i).
    (4) Owners or operators complying with Sec. 63.703 (c)(1), (c)(3), 
(c)(4), (e)(1)(i), (f)(1)(i), or (i) through the use of a condenser as 
the add-on air pollution control device, and demonstrating compliance in 
accordance with Sec. 63.704(b)(2), shall install, calibrate, operate, 
and maintain a thermocouple to measure continuously the temperature of 
the condenser vapor exhaust stream whenever HAP from magnetic tape 
manufacturing operations are vented to the control device. Operation of 
the control device at an average vapor exhaust temperature greater than 
the site-specific operating parameter value or values established in 
accordance with Sec. 63.704(b)(2) for any 3-hour period shall 
constitute a violation of Sec. 63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i) or (i).
    (5) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a thermal 
incinerator and demonstrating compliance in accordance with Sec. 
63.704(b)(3) shall install, calibrate, operate, and maintain a 
thermocouple to measure continuously the combustion temperature whenever 
HAP from magnetic tape manufacturing operations are vented to the 
control device. Operation of the control device at an average combustion 
temperature less than the operating parameter value or values 
established in accordance with Sec. 63.704(b)(3) for any 3-hour period 
shall constitute a violation of Sec. 63.703 (c)(1), (c)(2), (c)(3), 
(c)(4), (e)(1)(i), or (f)(1)(i).
    (6) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a catalytic 
incinerator and demonstrating compliance in accordance with Sec. 
63.704(b)(4) shall install, calibrate, operate, and maintain a 
thermocouple to measure continuously the gas temperature both upstream 
and downstream of the catalyst bed whenever HAP from magnetic tape 
manufacturing operations are vented to the control device. Operation of 
the control device at an average upstream gas temperature, or at an 
average gas temperature difference across the catalyst bed, less than 
the operating parameter values established in accordance with Sec. 
63.704(b)(4) for any 3-hour period shall constitute a violation of Sec. 
63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i).
    (7) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) by capturing emissions 
through a room, enclosure, or hood shall install, calibrate, operate, 
and maintain the instrumentation necessary to measure continuously the

[[Page 160]]

site-specific operating parameter established in accordance with Sec. 
63.704(b)(6) whenever HAP from magnetic tape manufacturing operations 
are vented through the capture device. Operation of the capture device 
at an average value greater than or less than (as appropriate) the 
operating parameter value established in accordance with Sec. 
63.704(b)(6) for any 3-hour period shall constitute a violation of Sec. 
63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i).
    (8) The owner or operator of an affected source complying with Sec. 
63.703(c)(5) shall demonstrate continuous compliance by using a coating 
that has a HAP content of no greater than 0.18 kilograms of HAP per 
liter of coating solids, as measured in accordance with Sec. 
63.705(c)(5), and by maintaining and reporting the records required by 
Sec. Sec. 63.706(f) and 63.707(e) and (i)(2).
    (9) For owners or operators complying with Sec. 63.703 (c)(1), 
(c)(3), or (c)(4) through the use of a solvent recovery device and 
demonstrating initial compliance in accordance with the provisions of 
Sec. 63.705(c)(1), continuous compliance shall be demonstrated using 
procedures in Sec. 63.705(c)(1) and through the recordkeeping and 
reporting requirements of Sec. Sec. 63.706(d), 63.707(d), and 
63.707(i)(5). The provisions of Sec. 63.8(b) (2) and (3), (c), (d), 
(e), (f), and (g) (1), and (2) of subpart A do not apply.
    (10) The owner or operator of an affected emission point using a 
vent system that contains bypass lines (not including equipment such as 
low leg drains, high point bleeds, analyzer vents, open-ended valves or 
lines, and pressure relief valves needed for safety purposes) that could 
potentially divert a vent stream away from the control device used to 
comply with Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), 
(f)(1)(i), or (i) shall:
    (i) Install, calibrate, maintain, and operate a flow indicator that 
provides a record of vent stream flow at least once every 15 minutes; 
records shall be generated as specified in Sec. 63.706(c)(1); and 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
    (ii) Secure any bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration; a visual inspection of the 
seal or closure mechanism 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; or
    (iii) Ensure that any bypass line valve is in the closed position 
through continuous monitoring of valve position; the monitoring system 
shall be inspected at least once every month to ensure that it is 
functioning properly; or
    (iv) Use an automatic shutdown system in which any HAP-emitting 
operations are ceased when flow from these operations is diverted away 
from the control device to any bypass line; the automatic system shall 
be inspected at least once every month to ensure that it is functioning 
properly.
    (d) Owners or operators complying with Sec. 63.703(g) shall 
demonstrate continuous compliance in accordance with paragraph (d)(1) or 
(d)(2) of this section.
    (1) An owner or operator that established the steam-to-feed ratio as 
the site-specific operating parameter in accordance with Sec. 
63.704(b)(10)(i) shall continuously measure the steam-to-feed ratio 
whenever HAP-containing wastewater from magnetic tape manufacturing 
operations is being fed to the steam stripper. Operation of the steam 
stripper at a steam-to-feed ratio less than the operating parameter 
value or values established in accordance with Sec. 63.704(b)(10)(i) 
for any 3-hour period shall constitute a violation of Sec. 63.703(g).
    (2) An owner or operator that established the total outlet VOHAP 
concentration of the wastewater discharge as the site-specific operating 
parameter in accordance with Sec. 63.704(b)(10)(ii) shall measure the 
total VOHAP concentration of the wastewater discharge once per month. 
Operation of the control device at an outlet VOHAP concentration greater 
than the operating parameter value or values established in accordance 
with Sec. 63.704(b)(10)(ii) for any month shall constitute a violation 
of Sec. 63.703(g).

[[Page 161]]

    (e) Owners or operators complying with Sec. 63.703(d)(2) of this 
subpart through the use of a baghouse or fabric filter shall perform 
visible emission testing each day that particulate HAP transfer occurs, 
using the procedures in Sec. 63.705(b)(10). Owners or operators shall 
also install, calibrate, and operate the instrumentation necessary to 
continuously monitor the ventilation air flow rate in the inlet duct to 
the baghouse or fabric filter whenever particulate HAP transfer occurs. 
The occurrence of visible emissions shall constitute a violation of 
Sec. 63.703(d)(2), and the operation of the baghouse or fabric filter 
at a flow rate less than the value or values established in accordance 
with Sec. 63.704(b)(7) for any 3-hour period shall constitute a 
violation of Sec. 63.703(d)(2).
    (f) An owner or operator who uses an air pollution control device 
not listed in Sec. 63.704 to comply with Sec. 63.703(c), (e)(1)(i), 
(f)(1)(i), or (i), or a device other than a steam stripper to comply 
with Sec. 63.703(g) shall submit to the Administrator a description of 
the device, test data verifying the performance of the device, and 
appropriate site-specific operating parameters that will be monitored to 
demonstrate continuous compliance with the standard. The monitoring plan 
submitted by an owner or operator in accordance with this paragraph is 
subject to approval by the Administrator.



Sec. 63.705  Performance test methods and procedures to determine initial 

compliance.

    (a) Except as specified in Sec. 63.705(a) (1) through (3), to 
determine initial compliance with the emission limits under Sec. 63.703 
(c), (d)(2), (e)(1), (f)(1), and (g), the owner or operator shall 
conduct an initial performance demonstration as required under Sec. 
63.7 using the procedures and test methods listed in Sec. 63.7 and 
Sec. 63.705. If multiple emission points are vented to one common 
control device to meet the requirements of Sec. 63.703 (c), (d)(2), 
(e)(1), and (f)(1), only one performance test is required to demonstrate 
initial compliance for that group of emission points. This section also 
contains initial compliance demonstration procedures (other than 
testing) for owners or operators subject to Sec. 63.703 (c), (d)(1), 
(e)(1)(ii), (f)(1)(ii), and (g).
    (1) A control device (not enclosure) used to comply with Sec. 
63.703 (c), (e), or (f) does not need to be tested if each of the 
following criteria are met:
    (i) It is used to control gaseous HAP emissions from an existing 
affected source;
    (ii) It is operating prior to March 11, 1994;
    (iii) It is equipped with continuous emission monitors for 
determining inlet and outlet total HAP or VOC concentration, such that a 
percent efficiency can be calculated; and
    (iv) The continuous emission monitors are used to demonstrate 
continuous compliance in accordance with Sec. 63.704(c)(3)(i).
    (2) The owner or operator is not required to conduct an initial 
performance test if the requirements of Sec. 63.7(e)(2)(iv) or Sec. 
63.7(h) are met.
    (3) An owner or operator is not required to conduct an initial 
performance test for a capture device when:
    (i) The room, enclosure, or vent was previously tested to 
demonstrate compliance with subpart SSS of part 60; and
    (ii) Sufficient data were gathered during the test to establish 
operating parameter values in accordance with Sec. 63.704(b)(6) (i), 
(ii), and (iii).
    (b) When an initial compliance demonstration is required by this 
subpart, the procedures in paragraphs (b)(1) through (b)(10) of this 
section shall be used in determining initial compliance with the 
provisions of this subpart.
    (1) EPA Method 24 of appendix A of part 60 is used to determine the 
VOC content in coatings. If it is demonstrated to the satisfaction of 
the Administrator that plant coating formulation data are equivalent to 
EPA Method 24 results, formulation data may be used. In the event of any 
inconsistency between an EPA Method 24 test and an affected source's 
formulation data, the EPA Method 24 test will govern. For EPA Method 24, 
the coating sample must be a 1-liter sample taken into a 1-liter 
container at a location and time such that the sample will be 
representative of the coating applied to the base substrate (i.e., the

[[Page 162]]

sample shall include any dilution solvent or other VOC added during the 
manufacturing process). The container must be tightly sealed immediately 
after the sample is taken. Any solvent or other VOC added after the 
sample is taken must be measured and accounted for in the calculations 
that use EPA Method 24 results.
    (2) Formulation data is used to determine the HAP content of 
coatings.
    (3) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, 
as appropriate to the conditions at the site, shall be used to determine 
HAP or VOC concentration of air exhaust streams as required by Sec. 
63.705(c). The owner or operator shall submit notice of the intended 
test method to the Administrator for approval along with the 
notification of the performance test required under Sec. 63.7(b). 
Method selection shall be based on consideration of the diversity of 
organic species present and their total concentration and on 
consideration of the potential presence of interfering gases. Except as 
indicated in paragraphs (b)(3) (i) and (ii) of this section, the test 
shall consist of three separate runs, each lasting a minimum of 30 
minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with a common exhaust stack for all the individual carbon adsorber 
vessels pursuant to Sec. 63.705(c) (2) or (4), the test shall consist 
of three separate runs, each coinciding with one or more complete 
sequences through the adsorption cycles of all of the individual carbon 
adsorber vessels.
    (ii) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with individual exhaust stacks for each carbon adsorber vessel 
pursuant to Sec. 63.705(c) (3) or (4), each carbon adsorber vessel 
shall be tested individually. The test for each carbon adsorber vessel 
shall consist of three separate runs. Each run shall coincide with one 
or more complete adsorption cycles.
    (4) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (5) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for 
velocity and volumetric flow rates.
    (6) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (7) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (8) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (9) Wastewater analysis shall be conducted in accordance with 
paragraph (b)(9)(i) or (b)(9)(ii) of this section.
    (i) Use Method 305 of 40 CFR part 63, appendix A and the equations 
in paragraphs (b)(9)(i) (A) and (B) of this section to determine the 
total VOHAP concentration of a wastewater stream.
    (A) The following equation shall be used to calculate the VOHAP 
concentration of an individually speciated HAP.
[GRAPHIC] [TIFF OMITTED] TR15DE94.003

where:

Ci = VOHAP concentration of the individually-speciated 
organic HAP in the wastewater, parts per million by weight.
Cc = Concentration of the organic HAP (i) in the gas stream, 
as measured by Method 305 of appendix A of this part, parts per million 
by volume on a dry basis.
Ms = Mass of sample, from Method 305 of appendix A of this 
part, milligrams.
MW = Molecular weight of the organic HAP (i), grams per gram-mole.
24.055 = Ideal gas molar volume at 293[deg] Kelvin and 760 millimeters 
of mercury, liters per gram-mole.
Pi = Barometric pressure at the time of sample analysis, 
millimeters mercury absolute.
760 = Reference or standard pressure, millimeters mercury absolute.

[[Page 163]]

293 = Reference or standard temperature, [deg]Kelvin.
Ti = Sample gas temperature at the time of sample analysis, 
[deg]Kelvin.
t = Actual purge time, from Method 305 of appendix A of this part, 
minutes.
L = Actual purge rate, from Method 305 of appendix A of this part, 
liters per minute.
10\3\ = Conversion factor, milligrams per gram.

    (B) Total VOHAP concentration (stream) can be determined by summing 
the VOHAP concentrations of all individually speciated organic HAP in 
the wastewater.
[GRAPHIC] [TIFF OMITTED] TR15DE94.004

where:

Cstream=Total VOHAP concentration of wastewater stream.
n=Number of individual organic HAP (i) in the wastewater stream.
Ci=VOHAP concentration of individual organic HAP (i) 
calculated according to the procedures in paragraph (b)(9)(i)(A) of this 
section.

    (ii) Use a test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated according to section 5.1 or 5.3 of Method 301 of appendix A of 
this part. The specific requirement of Method 305 of appendix A of this 
part to collect the sample into polyethylene glycol would not be 
applicable.
    (A) If measuring the total VOHAP concentration of the exit stream in 
accordance with Sec. Sec. 63.703(g)(1)(ii) and 63.705(h)(2), the 
concentrations of the individual organic HAP measured in the water shall 
be corrected to their concentrations had they been measured by Method 
305 of appendix A of this part. This is done by multiplying each 
concentration by the compound-specific fraction measured factor 
(FM) listed in table 34 of 40 CFR part 63, subpart G.
    (B) If measuring the total HAP concentration of an inlet and outlet 
wastewater stream to demonstrate compliance with Sec. 63.703(g)(1)(i) 
and following the procedures of Sec. 63.705(h)(3), the concentrations 
of the individual organic HAP measured in the water do not need to be 
corrected.
    (10) EPA Method 22 of appendix A of part 60 is used to determine 
visible emissions. Visible emissions testing shall be conducted for a 
minimum of 6 minutes during a time when particulate HAP transfer, as 
defined in this subpart, is occurring.
    (c) Initial compliance demonstrations. Except as stipulated in Sec. 
63.705(a), each owner or operator subject to the requirements of Sec. 
63.703(c) must demonstrate initial compliance with the requirements of 
this subpart by following the procedures of paragraphs (c)(1), (2), (3), 
(4), (5), or (6) and paragraph (d) of this section, as applicable. Each 
owner or operator subject to Sec. 63.703(d), (e), (f), and (g) must 
demonstrate initial compliance with the requirements of this subpart by 
following the procedures of paragraphs (e), (f), (g), and (h) of this 
section, as appropriate.
    (1) To demonstrate initial and continuous compliance with Sec. 
63.703(c)(1), (c)(3), or (c)(4) when emissions from only the affected 
coating operations are controlled by a dedicated solvent recovery 
device, each owner or operator of the affected coating operation may 
perform a liquid-liquid HAP or VOC material balance over rolling 7-day 
periods in lieu of demonstrating compliance through the methods in 
paragraphs (c)(2), (c)(3), or (c)(4) of this section. Results of the 
material balances calculation performed to demonstrate initial 
compliance shall be submitted to the Administrator with the notification 
of compliance status required by Sec. 63.9(h) and Sec. 63.707(d). When 
demonstrating compliance by this procedure, Sec. 63.7(e)(3) of subpart 
A does not apply. The amount of liquid HAP or VOC applied and recovered 
shall be determined as discussed in paragraph (c)(1)(iii) of this 
section. The overall HAP or VOC emission reduction (R) is calculated 
using equation 1:
[GRAPHIC] [TIFF OMITTED] TR15DE94.005

    (i) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured RSi value that is greater than zero:
    (A) Measurement techniques; and

[[Page 164]]

    (B) Documentation that the measured value of RSi exceeds 
zero.
    (ii) The measurement techniques of paragraph (c)(1)(i)(A) of this 
section shall be submitted to the Administrator for approval with the 
notification of performance test required under Sec. 63.7(b).
    (iii) Each owner or operator demonstrating compliance by the test 
method described in paragraph (c)(1) of this section shall:
    (A) Measure the amount of coating applied at the coater;
    (B) Determine the VOC or HAP content of all coating applied using 
the test method specified in Sec. 63.705(b) (1) or (2);
    (C) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the amount of HAP 
or VOC recovered by the solvent recovery device over rolling 7-day 
periods; the device shall be certified by the manufacturer to be 
accurate to within 2.0 percent, and this 
certification shall be kept on record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for 
rolling 7-day periods using Equation 1.
    (iv) Compliance is demonstrated if the value of R is equal to or 
greater than the overall HAP control efficiency required by Sec. 63.703 
(c)(1), (c)(3), or (c)(4).
    (2) To demonstrate initial compliance with Sec. 63.703 (c)(1), 
(c)(2), (c)(3), or (c)(4) when affected HAP emission points are 
controlled by an emission control device other than a fixed-bed carbon 
adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP or VOC emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 63.705(b) (3) through (8).
    (ii) Determine capture efficiency from the HAP emission points by 
capturing, venting, and measuring all HAP emissions from the HAP 
emission points. During a performance test, the owner or operator of 
affected HAP emission points located in an area with other gaseous 
emission sources not affected by this subpart shall isolate the affected 
HAP emission points from all other gaseous emission points by one of the 
following methods:
    (A) Build a temporary total enclosure (see Sec. 63.702) around the 
affected HAP emission point(s); or
    (B) Shut down all gaseous emission points not affected by this 
subpart and continue to exhaust fugitive emissions from the affected HAP 
emission points through any building ventilation system and other room 
exhausts such as drying ovens.
    All ventilation air must be vented through stacks suitable for 
testing.
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating.
    (iv) Determine the efficiency (E) of the control device using 
equation 2:
[GRAPHIC] [TIFF OMITTED] TR15DE94.006

    (v) Determine the efficiency (F) of the capture system using 
equation 3:
[GRAPHIC] [TIFF OMITTED] TR15DE94.007

    (vi) For each HAP emission point subject to Sec. 63.703, compliance 
is demonstrated if either of the following conditions are met:
    (A) The product of (E)x(F) is equal to or greater than the overall 
HAP control efficiency required by Sec. 63.703(c)(1), (c)(3), or 
(c)(4); or
    (B) When the owner or operator is subject to Sec. 63.703(c)(2), the 
value of F is equal to 1 and the value of Caj at the outlet 
of the incinerator is demonstrated to be no greater than 20 ppmv by 
compound, on a dry basis.

[[Page 165]]

    (3) To demonstrate compliance with Sec. 63.703(c)(1), (c)(3), or 
(c)(4) when affected HAP emission points are controlled by a fixed-bed 
carbon adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures:
    (i) Construct the overall HAP emission reduction system so that each 
volumetric flow rate and the total HAP emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 63.705(b) (3) through (8);
    (ii) Assure that all HAP emissions from the affected HAP emission 
point(s) are segregated from gaseous emission points not affected by 
this subpart and that the emissions can be captured for measurement, as 
described in Sec. 63.705(c)(2)(ii) (A) and (B);
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating;
    (iv) Determine the efficiency (Hv) of each individual 
carbon adsorber vessel (v) using equation 4:
[GRAPHIC] [TIFF OMITTED] TR15DE94.008

    (v) Determine the efficiency of the carbon adsorption system 
(Hsys) by computing the average efficiency of the individual 
carbon adsorber vessels as weighted by the volumetric flow rate 
(Qhv) of each individual carbon adsorber vessel (v) using 
equation 5:
[GRAPHIC] [TIFF OMITTED] TR15DE94.009

    (vi) Determine the efficiency (F) of the capture system using 
equation (3).
    (vii) For each HAP emission point subject to Sec. 63.703(c), 
compliance is demonstrated if the product of (Hsys)x(F) is 
equal to or greater than the overall HAP control efficiency required by 
Sec. 63.703(c)(1), (c)(3), or (c)(4).
    (4) An alternative method of demonstrating compliance with Sec. 
63.703(c)(1) through (c)(4) is the installation of a total enclosure 
around the affected HAP emission point(s) and the ventilation of all HAP 
emissions from the total enclosure to a control device with the 
efficiency or outlet concentration specified in paragraph (c)(4)(iii) of 
this section. If this method is selected, the compliance test methods 
described in paragraphs (c)(1), (c)(2), and (c)(3) of this section are 
not required. Instead, each owner or operator of an affected source 
shall:
    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in paragraphs (c)(4)(i) (A) through (D) of 
this section shall be considered a total enclosure. The owner or 
operator of an enclosure that does not meet these requirements may apply 
to the Administrator for approval of the enclosure as a total enclosure 
on a case-by-case basis. The enclosure shall be considered a total 
enclosure if it is demonstrated to the satisfaction of the Administrator 
that all HAP emissions from the affected HAP emission point(s) are 
contained and vented to the control device. The requirements for 
automatic approval are as follows:
    (A) Total area of all natural draft openings shall not exceed 5 
percent of the total surface area of the total enclosure's walls, floor, 
and ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum 
of four equivalent diameters away from each natural draft opening;
    (C) Average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods and procedures specified in Sec. 
63.705(b) (4) and (5); volumetric flow rates shall be calculated without 
the adjustment normally made for moisture content; and
    (2) Determine FV by equation 6:

[[Page 166]]

[GRAPHIC] [TIFF OMITTED] TR15DE94.010

    (D) The air passing through all natural draft openings shall flow 
into the enclosure continuously. If FV is less than or equal to 9,000 
meters per hour, the continuous inward flow of air shall be verified by 
continuous observation using smoke tubes, streamers, tracer gases, or 
other means approved by the Administrator over the period that the 
volumetric flow rate tests required to determine FV are carried out. If 
FV is greater than 9,000 meters per hour, the direction of airflow 
through the natural draft openings shall be presumed to be inward at all 
times without verification.
    (ii) Determine the control device efficiency using equation (2) or 
equations (4) and (5), as applicable, and the test methods and 
procedures specified in Sec. 63.705(b) (3) through (8).
    (iii) Be in compliance if either of the following criteria are met:
    (A) The installation of a total enclosure is demonstrated and the 
value of E determined from equation (2) (or the value of Hsys 
determined from equations (4) and (5), as applicable) is equal to or 
greater than the overall HAP control efficiency required by Sec. 63.703 
(c)(1), (c)(3), or (c)(4); or
    (B) When the owner or operator is subject to Sec. 63.703(c)(2), the 
installation of a total enclosure is demonstrated and the value of 
Caj at the outlet of the incinerator is demonstrated to be no 
greater than 20 ppmv by compound, on a dry basis.
    (5) To demonstrate initial and continuous compliance with Sec. 
63.703(c)(5), each owner or operator of an affected source shall 
determine the mass of HAP contained in the coating per volume of coating 
solids applied for each batch of coating applied, according to the 
procedures of paragraphs (c)(5) (i) through (iii) of this section. If a 
batch of coating is identical to a previous batch of coating applied, 
the original calculations can be used to demonstrate the compliance of 
subsequent identical batches. The calculation of the HAP content of the 
coating used to demonstrate initial compliance with Sec. 63.703(c)(5) 
shall be submitted to the Administrator with the notification of 
compliance status required by Sec. 63.9(h) and Sec. 63.707(e). When 
demonstrating compliance by this procedure, Sec. 63.7(e)(3) of subpart 
A does not apply.
    (i) Determine the weight fraction of HAP in each coating applied 
using formulation data as specified in Sec. 63.705(b)(2);
    (ii) Determine the volume of coating solids in each coating applied 
from the facility records; and
    (iii) Compute the mass of HAP per volume of coating solids by 
equation 7:
[GRAPHIC] [TIFF OMITTED] TR15DE94.011

    (iv) The owner or operator of an affected source is in compliance 
with Sec. 63.703(c)(5) if the value of G is less than or equal to 0.18 
kilogram of HAP per liter of coating solids applied.
    (6) When nonregenerative carbon adsorbers are used to comply with 
Sec. 63.703(c)(1), the owner or operator may conduct a design 
evaluation to demonstrate initial compliance in lieu of

[[Page 167]]

following the compliance test procedures of paragraph (c) (1), (2), (3), 
or (4) of this section. The design evaluation shall consider the vent 
stream composition, constituent concentrations, flow rate, 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 the emission point operating 
schedule.
    (d)(1) To demonstrate initial compliance with Sec. 63.703(c) when 
hard piping or ductwork is used to direct HAP emissions from a HAP 
source to the control device, each owner or operator shall demonstrate 
upon inspection that the criteria of paragraph (d)(1)(i) and paragraph 
(d)(1) (ii) or (iii) are met.
    (i) The equipment must be vented to a control device.
    (ii) The control device efficiency (E or Hsys, as 
applicable) determined using equation (2) or equations (4) and (5), 
respectively, and the test methods and procedures specified in Sec. 
63.705(b) (3) through (8), must be equal to or greater than the overall 
HAP control efficiency required by Sec. 63.703 (c)(1), (c)(3), or 
(c)(4), or the outlet concentration must be no greater than 20 ppmv by 
compound, on a dry basis, as required by Sec. 63.703(c)(2).
    (iii) When a nonregenerative carbon adsorber is used, the ductwork 
from the affected emission point(s) must be vented to the control device 
and the carbon adsorber must be demonstrated, through the procedures of 
Sec. 63.705(c) (1), (2), (3), (4), or (6) to meet the requirements of 
Sec. 63.703(c)(1).
    (2) To demonstrate initial compliance with provisions for mix 
preparation equipment, owners or operators shall, in addition to 
paragraph (d)(1) of this section, ensure that covers are closed at all 
times except when adding ingredients, withdrawing samples, transferring 
the contents, or making visual inspection when such activities cannot be 
carried out with the cover in place. Such activities shall be carried 
out through ports of the minimum practical size.
    (e) To demonstrate initial compliance with Sec. 63.703(e), the 
owner or operator of a wash sink subject to the provisions of this 
standard shall:
    (1) If complying with Sec. 63.703(e)(1)(ii), maintain at least the 
required minimum freeboard ratio at all times; or
    (2) If complying with Sec. 63.703(e)(1)(i), the owner or operator 
of an existing wash sink that vents emissions from the wash sink to a 
control device prior to March 11, 1994 must demonstrate that the control 
device is at least 95-percent efficient in accordance with Sec. 
63.705(c) (2), (3), (4), or (6); or
    (3) If complying with Sec. 63.703(e)(1)(i), each owner or operator 
that vents emissions from the wash sink, through a capture device, and 
to a control device starting on or after March 11, 1994, must 
demonstrate that the overall HAP control efficiency is at least 88 
percent using the test methods and procedures in Sec. 63.705(c) (2), 
(3), (4), or (6).
    (f) To demonstrate initial compliance with Sec. 63.703(f), the 
owner or operator shall:
    (1) If complying with Sec. 63.703(f)(1)(ii), install and use a 
closed system for flushing fixed lines; or
    (2) If complying with Sec. 63.703(f)(1)(i), each owner or operator 
that vents emissions from the flushing operation, through a capture 
device, and to a control device must demonstrate that the overall HAP 
control efficiency is at least 95 percent using the test methods and 
procedures in Sec. 63.705(c) (2), (3), (4), or (6).
    (g) To demonstrate initial compliance with Sec. 63.703(d), the 
owner or operator shall:
    (1) If complying with Sec. 63.703(d)(1), install an enclosed 
transfer device for conveying particulate HAP, and use this device, 
following manufacturer's specifications or other written procedures 
developed for the device; or
    (2) If complying with Sec. 63.703(d)(2):
    (i) Test the baghouse or fabric filter to demonstrate that there are 
no visible emissions using the test method in Sec. 63.705(b)(10); and
    (ii) provide engineering calculations in accordance with Sec. 
63.707(h) of this subpart with the performance test results required by 
Sec. 63.7(g)(1) and Sec. 63.9(h) of subpart A, to demonstrate that the

[[Page 168]]

ventilation rate from the particulate transfer activity to the control 
device is sufficient for capturing the particulate HAP.
    (h) To demonstrate initial compliance with Sec. 63.703(g), the 
owner or operator of an affected source shall follow the compliance 
procedures of either paragraph (h)(1), paragraph (h)(2), or paragraph 
(h)(3) of this section.
    (1) The owner or operator shall submit to the permitting authority 
with the notification of compliance status required by Sec. 63.9(h) and 
Sec. 63.707(f) the design specifications demonstrating that the control 
technique meets the required efficiency for each HAP compound. For steam 
strippers, these specifications shall include at a minimum: feed rate, 
steam rate, number of theoretical trays, number of actual trays, feed 
composition, bottoms composition, overheads composition, and inlet feed 
temperature.
    (2) The owner or operator shall demonstrate the compliance of a 
treatment process with the parts per million by weight (ppmw) wastewater 
stream concentration limits specified in Sec. 63.703(g)(1)(ii) by 
measuring the concentration of total VOHAP at the outlet of the 
treatment process using the method specified in Sec. 63.705(b)(9) (i) 
or (ii). A minimum of three representative samples of the wastewater 
stream exiting the treatment process, which are representative of normal 
flow and concentration conditions, shall be collected and analyzed. 
Wastewater samples shall be collected using the sampling procedures 
specified in Method 25D of appendix A of part 60. Where feasible, 
samples shall be taken from an enclosed pipe prior to the wastewater 
being exposed to the atmosphere. When sampling from an enclosed pipe is 
not feasible, a minimum of three representative samples shall be 
collected in a manner that minimizes exposure of the sample to the 
atmosphere and loss of organic HAP prior to analysis.
    (3) The owner or operator shall demonstrate the compliance of a 
treatment process with the HAP fraction removed requirement specified in 
Sec. 63.703(g)(1)(i) by measuring the concentration of each HAP at the 
inlet and outlet of the treatment process using the method specified in 
Sec. 63.705(b)(9) (i) or (ii) and the procedures of paragraphs (h)(3) 
(i) through (iii) of this section.
    (i) The same test method shall be used to analyze the wastewater 
samples from both the inlet and outlet of the treatment process.
    (ii) The HAP mass flow rate of each individually speciated HAP 
compound entering the treatment process (Eb) and exiting the 
treatment process (Ea) shall be determined by computing the 
product of the flow rate of the wastewater stream entering or exiting 
the treatment process, and the HAP concentration of each individual HAP 
compound of the entering or exiting wastewater streams, respectively.
    (A) The flow rate of the entering and exiting wastewater streams 
shall be determined using inlet and outlet flow meters, respectively.
    (B) The average HAP concentration of each individual HAP of the 
entering and exiting wastewater streams shall be determined according to 
the procedures specified in either paragraph (b)(9)(i)(A) or 
(b)(9)(ii)(B) of this section. If measuring the VOHAP concentration of 
an individual HAP in accordance with Sec. 63.705(b)(9)(i)(A), the 
concentrations of the individual organic VOHAP measured in the water 
shall be corrected to a HAP concentration by dividing each VOHAP 
concentration by the compound-specific fraction measured factor 
(FM) listed in table 34 of 40 CFR part 63, subpart G.
    (C) Three grab samples of the entering wastewater stream shall be 
taken at 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.
    (D) Three grab samples of the exiting wastewater stream shall be 
taken at 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 conducted over the same 3-hour period at which the 
total HAP mass flow rate entering the treatment process is determined.
    (E) The HAP mass flow rates of each individual HAP compound entering 
and exiting the treatment process are calculated as follows:

[[Page 169]]

[GRAPHIC] [TIFF OMITTED] TR15DE94.012

where:

Eb = HAP mass flow rate of an individually speciated HAP 
compound entering the treatment process, kilograms per hour.
Ea = HAP mass flow rate of an individually speciated HAP 
compound exiting the treatment process, kilograms per hour.
K = Density of the wastewater stream, kilograms per cubic meter.
Vbp = Average volumetric flow rate of wastewater entering the 
treatment process during each run p, cubic meters per hour.
Vap = Average volumetric flow rate of wastewater exiting the 
treatment process during each run p, cubic meters per hour.
Cbp = Average HAP concentration of an individually speciated 
HAP in the wastewater stream entering the treatment process during each 
run p, parts per million by weight.
Cap = Average HAP concentration of an individually speciated 
HAP in the wastewater stream exiting the treatment process during each 
run p, parts per million by weight.
n = Number of runs.

    (iii) The fraction removed across the treatment process for each 
individually speciated HAP compound shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE94.013

where:

FR = Fraction removed for an individually speciated HAP 
compound of the treatment process.
Eb = HAP mass flow rate of an individually speciated HAP 
compound entering the treatment process, kilogram per hour.
Ea = HAP mass flow rate of an individually speciated HAP 
compound exiting the treatment process, kilograms per hour.

    (i) Startups and shutdowns are normal operation for this source 
category. Emissions from these activities are to be included when 
determining if the standards specified in Sec. 63.703 are being 
attained.
    (j) An owner or operator who uses compliance techniques other than 
those specified in this subpart shall submit a description of those 
compliance procedures, subject to the Administrator's approval, in 
accordance with Sec. 63.7(f) of subpart A.



Sec. 63.706  Recordkeeping requirements.

    (a) Except as stipulated in Sec. 63.703 (b), (c)(5), and (h), the 
owner or operator of a magnetic tape manufacturing operation subject to 
this subpart shall fulfill all applicable recordkeeping requirements in 
Sec. 63.10 of subpart A, as outlined in Table 1.
    (b) The owner or operator of an affected source subject to this 
subpart that is also subject to the requirements of Sec. 
63.703(e)(1)(ii) (a minimum freeboard ratio of 75 percent), shall record 
whether or not the minimum freeboard ratio has been achieved every time 
that HAP solvent is added to the wash sink. A measurement of the actual 
ratio is not necessary for each record as long as the owner or operator 
has a reliable method for making the required determination. For 
example, the record may be made by comparing the HAP solvent level to a 
permanent mark on the sink that corresponds to a 75 percent freeboard 
ratio. A HAP solvent level in the sink higher than the mark would 
indicate the minimum ratio has not been achieved.
    (c) The owner or operator of an affected source subject to this 
subpart that is subject to the requirements of Sec. 63.704(c)(10) 
shall:
    (1) If complying with Sec. 63.704(c)(10)(i), maintain hourly 
records of whether the flow indicator was operating and whether flow was 
detected at any time during the 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 monitor is not operating;
    (2) If complying with Sec. 63.704(c)(10) (ii), (iii), or (iv), 
maintain a record of monthly inspections, and the records of the times 
and durations of all periods when:
    (i) Flow was diverted through any bypass line such that the seal 
mechanism was broken;
    (ii) The key for a lock-and-key type lock had been checked out;
    (iii) The valve position on any bypass line changed to the open 
position; or

[[Page 170]]

    (iv) The diversion of flow through any bypass line caused a shutdown 
of HAP-emitting operations.
    (d) The owner or operator of an affected source that is complying 
with Sec. 63.703(c) by performing a material balance in accordance with 
Sec. 63.705(c)(1) shall:
    (1) Maintain a record of each 7-day rolling average calculation; and
    (2) Maintain a record of the certification of the accuracy of the 
device that measures the amount of HAP or VOC recovered.
    (e) The owner or operator of a magnetic tape manufacturing operation 
subject to the provisions of Sec. 63.703 (b) and (h) shall maintain 
records of the calculations used to determine the limits on the amount 
of HAP utilized as specified in Sec. 63.703(b)(2), and of the HAP 
utilized in each month and the sum over each 12-month period.
    (f) The owner or operator of an affected source subject to the 
provisions of Sec. 63.703(c)(5) shall keep records of the HAP content 
of each batch of coating applied as calculated according to Sec. 
63.705(c)(5), and records of the formulation data that support the 
calculations. When a batch of coating applied is identical to a previous 
batch applied, only one set of records is required to be kept.
    (g) The owner or operator of an affected source that is complying 
with Sec. 63.703(c)(1) through the use of a nonregenerative carbon 
adsorber and demonstrating initial compliance in accordance with Sec. 
63.705(c)(6) shall maintain records to support the outlet VOC or HAP 
concentration value or the carbon replacement time established as the 
site-specific operating parameter to demonstrate compliance.
    (h) In accordance with Sec. 63.10(b)(1) of subpart A, the owner or 
operator of an affected source subject to the provisions of this subpart 
shall retain all records required by this subpart and subpart A for at 
least 5 years following their collection.



Sec. 63.707  Reporting requirements.

    (a) Except as stipulated in Sec. 63.703(b), (c)(5), and (h), the 
owner or operator of a magnetic tape manufacturing operation subject to 
this subpart shall fulfill all applicable reporting requirements in 
Sec. 63.7 through Sec. 63.10, as outlined in Table 1 to this subpart. 
These reports shall be submitted to the Administrator or delegated 
State.
    (b) The owner or operator of an existing magnetic tape manufacturing 
operation subject to Sec. 63.703(b) and (h) shall include the values of 
the limits on the amount of HAP utilized as determined in Sec. 
63.703(b)(2), along with supporting calculations, in the initial 
notification report required by Sec. 63.9(b).
    (c) The owner or operator of a new magnetic tape manufacturing 
operation subject to Sec. 63.703(h) shall include the values of the 
limits on the amount of HAP utilized as determined in Sec. 
63.703(b)(2), along with supporting calculations, and the amount of HAP 
expected to be utilized during the first consecutive 12-month period of 
operation in the initial notification report required by Sec. 63.9(b).
    (d) The owner or operator subject to Sec. 63.703(c) and following 
the compliance provisions of Sec. 63.705(c)(1) (material balance 
calculation) shall include with the notification of compliance status 
required by Sec. 63.9(h) the results of the initial material balance 
calculation.
    (e) The owner or operator subject to Sec. 63.703(c)(5) and 
following the compliance provisions of Sec. 63.705(c)(5) (low-HAP 
coating) shall include with the notification of compliance status 
required by Sec. 63.9(h) the results of the initial low-HAP coating 
demonstration.
    (f) The owner or operator subject to the provisions of Sec. 
63.703(g) and demonstrating compliance in accordance with Sec. 
63.705(h)(1) shall submit to the permitting authority with the 
notification of compliance status required by Sec. 63.9(h) the design 
specifications demonstrating that the control technique meets the 
required efficiency. For steam strippers, these specifications shall 
include at a minimum: feed rate, steam rate, number of theoretical 
trays, number of actual trays, feed composition, bottoms composition, 
overheads composition, and inlet feed temperature.
    (g) The owner or operator of an affected source that is complying 
with Sec. 63.703(c)(1) through the use of a nonregenerative carbon 
adsorber and demonstrating initial compliance in accordance with Sec. 
63.705(c)(6) shall submit

[[Page 171]]

to the permitting authority with the notification of compliance status 
required by Sec. 63.9(h) the design evaluation.
    (h) The owner or operator of an affected source that is complying 
with Sec. 63.703(d) through the use of a baghouse or fabric filter and 
demonstrating initial compliance in accordance with Sec. 63.705(g)(2) 
shall submit to the permitting authority with the notification of 
compliance status required by Sec. 63.9(h) the engineering calculations 
that support the minimum ventilation rate needed to capture HAP 
particulates for delivery to the control device.
    (i) Excess emissions and continuous monitoring system performance 
report and summary reports shall be submitted as required by Sec. 
63.10(e).
    (1) The owner or operator of an affected source subject to Sec. 
63.704 shall include deviations of monitored values from the operating 
parameter values required by Sec. 63.704(c) in the reports. In the case 
of exceedances, the report must also contain a description and timing of 
the steps taken to address the cause of the exceedance.
    (2) The owner or operator of an affected source subject to Sec. 
63.703(c)(5) shall report the HAP content of each batch of coating 
applied as the monitored operating parameter value in the reports.
    (3) The owner or operator of an affected source subject to Sec. 
63.703(e)(1)(ii) and maintaining a minimum freeboard ratio of 75 percent 
shall report violations of the standard (freeboard ratio is less than 75 
percent) in the reports.
    (4) The owner or operator of an affected source subject to Sec. 
63.704(c)(10) of this subpart shall include records of any time period 
and duration of time that flow was diverted from the control device, as 
well as the results of monthly inspections required by Sec. 
63.704(c)(10)(ii), (iii), and (iv) in the reports.
    (5) The owner or operator of an affected source complying with Sec. 
63.703(c) by performing a material balance calculation in accordance 
with Sec. 63.705(c)(1) shall report any exceedances of the standard, as 
demonstrated through the calculation, in the reports.
    (j) The owner or operator of a magnetic tape manufacturing operation 
subject to the provisions of Sec. 63.703(h) shall report the amount of 
HAP utilized in each 12-month period in an annual report to the 
Administrator according to the following schedule:
    (1) For existing sources, the first report shall cover the 12-month 
period prior to the source's compliance date and shall be submitted to 
the Administrator no later than 30 days after the compliance date; and
    (2) For new sources, the first report shall include the quantity of 
HAP that is expected to be utilized during the first 12 months of 
operation and shall be submitted to the Administrator no later than 30 
days after the compliance date;
    (3) Annual reports shall be submitted to the Administrator no later 
than 30 days after the last 12-month period included in the report; and
    (4) A report shall also be submitted no later than 30 days after 
monthly records required to be maintained by Sec. 63.706(e) indicate 
that any limit on the amount of HAP utilized has been exceeded. The 
report shall indicate the amount by which the limit has been exceeded.
    (k) The owner or operator establishing an alternate HAP outlet 
concentration limit in accordance with Sec. Sec. 63.703(i) and 
63.704(b)(11)(ii) shall:
    (1) To support the proposed limit, submit the following within 180 
days following completion of the performance test required by Sec. 
63.7:
    (i) The performance test or CEM data collected to establish the 
limit;
    (ii) Records of when coating operations were down;
    (iii) The rationale for the alternate proposed limit; and
    (iv) A statement signed by a responsible official of the company 
that the control device was operated in accordance with good air 
pollution control practices and in the same manner it was operated to 
achieve compliance with the emission limitation for coating operations; 
and

[[Page 172]]

    (2) In the excess emissions and continuous monitoring system 
performance report and summary report required by Sec. 63.10(e)(3), 
include parameter or CEM data to demonstrate compliance or noncompliance 
with the alternate outlet HAP concentration established in accordance 
with Sec. Sec. 63.703(i) and 63.704(b)(11)(ii) once the limit is 
approved.



Sec. 63.708  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. 
63.701 and 63.703.
    (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 37352, June 23, 2003]

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

------------------------------------------------------------------------
                              Applies to subpart
         Reference                    EE                  Comment
------------------------------------------------------------------------
63.1(a)(1).................  Yes................  Additional terms
                                                   defined in Sec.
                                                   63.702(a); when
                                                   overlap between
                                                   subparts A and EE
                                                   occurs, subpart EE
                                                   takes precedence.
63.1(a)(2)-(14)............  Yes.
63.1(b)(1)-(3).............  Yes.
63.1(c)(1).................  Yes................  Subpart EE specifies
                                                   the applicability of
                                                   each paragraph in
                                                   subpart A to sources
                                                   subject to subpart
                                                   EE.
63.1(c)(2).................  No.................  The applicability of
                                                   Sec. Sec.
                                                   63.701(a)(2) and
                                                   63.703 (b) and (h) to
                                                   a source does not in
                                                   and of itself make a
                                                   source subject to
                                                   part 70.
63.1(c)(4)-(5).............  Yes.
63.1(e)....................  Yes.
63.2.......................  Yes................  Additional terms
                                                   defined in Sec.
                                                   63.702(a); when
                                                   overlap between
                                                   subparts A and EE
                                                   occurs, subpart EE
                                                   takes precedence.
63.3.......................  Yes................  Units specific to
                                                   subpart EE are
                                                   defined in subpart
                                                   EE.
63.4(a)(1)-(3).............  Yes.
63.4(a)(5).................  Yes.
63.4(b)....................  Yes.
63.4(c)....................  Yes.
63.5(a)....................  Yes.
63.5(b)(1).................  Yes.
63.5(b)(3)-(6).............  Yes.
63.5(d)....................  Yes.
63.5(e)....................  Yes.
63.5(f)....................  Yes.
63.6(a)....................  Yes.
63.6(b)(1)-(5).............  Yes.
63.6(b)(7).................  Yes.
63.6(c)(1)-(2).............  Yes.
63.6(c)(5).................  Yes.
63.6(e)(1)-(2).............  Yes.
63.6(e)(3).................  Yes................  Owners or operators of
                                                   affected sources
                                                   subject to subpart EE
                                                   do not need to
                                                   address startups and
                                                   shutdowns because the
                                                   emission limitations
                                                   apply during these
                                                   times.
63.6(f)(1).................  No.................  Sec.  63.701(f) of
                                                   subpart EE specifies
                                                   when the standards
                                                   apply.

[[Page 173]]

 
63.6(f)(2)(i)-(ii).........  Yes.
63.6(f)(2)(iii)............  Yes................  Sec.  63.705(a)(3) of
                                                   subpart EE includes
                                                   additional
                                                   circumstances under
                                                   which previous
                                                   capture device
                                                   demonstrations are
                                                   acceptable to show
                                                   compliance.
63.6(f)(2)(iv)-(v).........  Yes.
63.6(f)(3).................  Yes.
63.6(g)....................  Yes.
63.6(h)(1).................  No.................  Sec.  63.701(f) of
                                                   subpart EE specifies
                                                   when the standards
                                                   apply.
63.6(h)(2)(i)..............  Yes.
63.6(h)(2)(iii)............  Yes.
63.6(h)(4).................  Yes................  This requirement
                                                   applies only for the
                                                   visible emission test
                                                   required under Sec.
                                                   63.705(g)(2).
63.6(h)(5)(i)-(iii)........  Yes.
63.6(h)(5)(v)..............  No.
63.6(h)(6).................  Yes.
63.6(h)(7).................  No.
63.6(h)(8).................  Yes.
63.6(h)(9).................  No.
63.6(i)(1)-(14)............  Yes................  Sec.  63.703(c)(4) of
                                                   subpart EE shall not
                                                   be considered
                                                   emissions averaging
                                                   for the purposes of
                                                   Sec.
                                                   63.6(i)(4)(i)(B).
63.6(i)(16)................  Yes.
63.6(j)....................  Yes.
63.7(a)(1).................  Yes.
63.7(a)(2)(i)-(vi).........  Yes.
63.7(a)(2)(ix).............  Yes.
63.7(a)(3).................  Yes.
63.7(b)....................  Yes.
63.7(c)....................  Yes.
63.7(d)....................  Yes.
63.7(e)....................  Yes................  Sec.  63.7(e)
                                                   establishes the
                                                   minimum performance
                                                   test requirements.
                                                   This section does not
                                                   preclude owners or
                                                   operators from
                                                   conducting multiple
                                                   test runs under
                                                   alternate operating
                                                   conditions to
                                                   establish an
                                                   appropriate range of
                                                   compliance operating
                                                   parameter values in
                                                   accordance with Sec.
                                                    63.704(b)(11)(i) of
                                                   subpart EE. Also as
                                                   required in Sec.
                                                   63.701(f) of subpart
                                                   EE, the emissions
                                                   standards apply
                                                   during startup and
                                                   shutdown.
63.7(f)....................  Yes.
63.7(g)(1).................  Yes.
63.7(g)(3).................  Yes.
63.7(h)....................  Yes.
63.8(a)(1)-(2).............  Yes.
63.8(a)(4).................  Yes.
63.8(b)(1).................  Yes.
63.8(b)(2).................  No.................  Sec.  63.704 of
                                                   subpart EE specifies
                                                   monitoring locations;
                                                   when multiple
                                                   emission points are
                                                   tied to one central
                                                   control device, the
                                                   monitors are located
                                                   at the central
                                                   control device.
63.8(b)(3).................  Yes.
63.8(c)(1)-(3).............  Yes.
63.8(c)(4).................  Yes................  Provisions related to
                                                   COMS, however, do not
                                                   apply.
63.8(c)(5).................  No.
63.8(c)(6)-(8).............  Yes.
63.8(d)....................  Yes.
63.8(e)....................  Yes.
63.8(f)(1)-(6).............  Yes.
63.8(g)(1)-(5).............  Yes.
63.9(a)....................  Yes.
63.9(b)....................  Yes.
63.9(c)....................  Yes.
63.9(d)....................  Yes.
63.9(e)....................  Yes.
63.9(f)....................  Yes.
63.9(g)(1).................  Yes.
63.9(g)(2).................  No.
63.9(g)(3).................  Yes.
63.9(h)(1)-(3).............  Yes.
63.9(h)(5)-(6).............  Yes.
63.9(i)....................  Yes.
63.9(j)....................  Yes.
63.10(a)...................  Yes.
63.10(b)(1)................  Yes.
63.10(b)(2)................  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these time
                                                   periods.
63.10(b)(3)................  Yes.
63.10(c)(1)................  Yes.
63.10(c)(5)-(8)............  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.

[[Page 174]]

 
63.10(c)(10)-(15)..........  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.
63.10(d)(1)-(2)............  Yes.
63.10(d)(3)................  Yes................  This requirement
                                                   applies only for the
                                                   visible emissions
                                                   test required under
                                                   Sec.  63.705(g)(2).
                                                   The results of
                                                   visible emissions
                                                   tests under Sec.
                                                   63.704(e) shall be
                                                   reported as required
                                                   in Sec.
                                                   63.10(e)(3).
63.10(d)(4)................  Yes.
63.10(d)(5)................  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.
63.(10)(e)(1)..............  Yes.
63.10(e)(2)(i).............  Yes.
63.10(e)(2)(ii)............  No.
63.10(e)(3)(i)-(v).........  Yes.
63.10(e)(3)(vi)-(viii).....  Yes................  Except emissions/CMS
                                                   performance during
                                                   startup and shutdown
                                                   do not need to be
                                                   specified because the
                                                   standards apply
                                                   during startup and
                                                   shutdown.
63.10(e)(4)................  No.
63.10(f)...................  Yes.
63.11-63.15................  Yes.
------------------------------------------------------------------------

Subpart FF [Reserved]



 Subpart GG_National Emission Standards for Aerospace Manufacturing and 

                            Rework Facilities

    Source: 60 FR 45956, Sept. 1, 1996, unless otherwise noted.



Sec. 63.741  Applicability and designation of affected sources.

    (a) This subpart applies to facilities that are engaged, either in 
part or in whole, in the manufacture or rework of commercial, civil, or 
military aerospace vehicles or components and that are major sources as 
defined in Sec. 63.2.
    (b) The owner or operator of an affected source shall comply with 
the requirements of this subpart and of subpart A of this part, except 
as specified in Sec. 63.743(a) and Table 1 of this subpart.
    (c) Affected sources. The affected sources to which the provisions 
of this subpart apply are specified in paragraphs (c)(1) through (7) of 
this section. The activities subject to this subpart are limited to the 
manufacture or rework of aerospace vehicles or components as defined in 
this subpart. Where a dispute arises relating to the applicability of 
this subpart to a specific activity, the owner or operator shall 
demonstrate whether or not the activity is regulated under this subpart.
    (1) Each cleaning operation as follows:
    (i) All hand-wipe cleaning operations constitute an affected source.
    (ii) Each spray gun cleaning operation constitutes an affected 
source.
    (iii) All flush cleaning operations constitute an affected source.
    (2) For organic HAP or VOC emissions, each primer application 
operation, which is the total of all primer applications at the 
facility.
    (3) For organic HAP or VOC emissions, each topcoat application 
operation, which is the total of all topcoat applications at the 
facility.
    (4) For organic HAP or VOC emissions, each depainting operation, 
which is the total of all depainting at the facility.
    (5) Each chemical milling maskant application operation, which is 
the total of all chemical milling maskant applications at the facility.
    (6) Each waste storage and handling operation, which is the total of 
all waste handling and storage at the facility.
    (7) For inorganic HAP emissions, each spray booth or hangar that 
contains a primer or topcoat application operation subject to Sec. 
63.745(g) or a depainting operation subject to Sec. 63.746(b)(4).
    (d) An owner or operator of an affected source subject to this 
subpart shall obtain an operating permit from the permitting authority 
in the State in which the source is located. The owner or operator shall 
apply for and obtain such permit in accordance with the regulations 
contained in part 70 of

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this chapter and in applicable State regulations.
    (e) All wastes that are determined to be hazardous wastes under the 
Resource Conservation and Recovery Act of 1976 (PL 94-580) (RCRA) as 
implemented by 40 CFR parts 260 and 261, and that are subject to RCRA 
requirements as implemented in 40 CFR parts 262 through 268, are exempt 
from the requirements of this subpart.
    (f) This subpart does not contain control requirements for use of 
specialty coatings, adhesives, adhesive bonding primers, or sealants at 
aerospace facilities. It also does not regulate research and 
development, quality control, and laboratory testing activities, 
chemical milling, metal finishing, electrodeposition (except for 
electrodeposition of paints), composites processing (except for cleaning 
and coating of composite parts or components that become part of an 
aerospace vehicle or component as well as composite tooling that comes 
in contact with such composite parts or components prior to cure), 
electronic parts and assemblies (except for cleaning and topcoating of 
completed assemblies), manufacture of aircraft transparencies, and 
wastewater operations at aerospace facilities. These requirements do not 
apply to the rework of aircraft or aircraft components if the holder of 
the Federal Aviation Administration (FAA) design approval, or the 
holder's licensee, is not actively manufacturing the aircraft or 
aircraft components. These requirements also do not apply to parts and 
assemblies not critical to the vehicle's structural integrity or flight 
performance. The requirements of this subpart also do not apply to 
primers, topcoats, chemical milling maskants, strippers, and cleaning 
solvents containing HAP and VOC at concentrations less than 0.1 percent 
for carcinogens or 1.0 percent for noncarcinogens, as determined from 
manufacturer's representations. Additional specific exemptions from 
regulatory coverage are set forth in paragraphs (e), (g), (h), (i) and 
(j) of this section and Sec. Sec. 63.742, 63.744(a)(1), (b), (e), 
63.745(a), (f)(3), (g)(4), 63.746(a), (b)(5), 63.747(c)(3), and 
63.749(d).
    (g) The requirements for primers, topcoats, and chemical milling 
maskants in Sec. 63.745 and Sec. 63.747 do not apply to the use of 
low-volume coatings in these categories for which the annual total of 
each separate formulation used at a facility does not exceed 189 l (50 
gal), and the combined annual total of all such primers, topcoats, and 
chemical milling maskants used at a facility does not exceed 757 l (200 
gal). Primers and topcoats exempted under paragraph (f) of this section 
and under Sec. 63.745(f)(3) and (g)(4) are not included in the 50 and 
200 gal limits. Chemical milling maskants exempted under Sec. 
63.747(c)(3) are also not included in these limits.
    (h) Regulated activities associated with space vehicles designed to 
travel beyond the limit of the earth's atmosphere, including but not 
limited to satellites, space stations, and the Space Shuttle System 
(including orbiter, external tanks, and solid rocket boosters), are 
exempt from the requirements of this subpart, except for depainting 
operations found in Sec. 63.746.
    (i) Any waterborne coating for which the manufacturer's supplied 
data demonstrate that organic HAP and VOC contents are less than or 
equal to the organic HAP and VOC content limits for its coating type, as 
specified in Sec. Sec. 63.745(c) and 63.747(c), is exempt from the 
following requirements of this subpart: Sec. Sec. 63.745 (d) and (e), 
63.747(d) and (e), 63.749 (d) and (h), 63.750 (c) through (h) and (k) 
through (n), 63.752 (c) and (f), and 63.753 (c) and (e). A facility 
shall maintain the manufacturer's supplied data and annual purchase 
records for each exempt waterborne coating readily available for 
inspection and review and shall retain these data for 5 years.
    (j) Regulated activities associated with the rework of antique 
aerospace vehicles or components are exempt from the requirements of 
this subpart.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15016, Mar. 27, 1998; 
63 FR 46532, Sept. 1, 1998]



Sec. 63.742  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Aerospace facility means any facility that produces, reworks, or 
repairs in any amount any commercial, civil, or

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military aerospace vehicle or component.
    Aerospace vehicle or component means any fabricated part, processed 
part, assembly of parts, or completed unit, with the exception of 
electronic components, of any aircraft including but not limited to 
airplanes, helicopters, missiles, rockets, and space vehicles.
    Aircraft fluid systems means those systems that handle hydraulic 
fluids, fuel, cooling fluids, or oils.
    Aircraft transparency means the aircraft windshield, canopy, 
passenger windows, lenses, and other components which are constructed of 
transparent materials.
    Antique aerospace vehicle or component means an aircraft or 
component thereof that was built at least 30 years ago. An antique 
aerospace vehicle would not routinely be in commercial or military 
service in the capacity for which it was designed.
    Carbon adsorber means one vessel in a series of vessels in a carbon 
adsorption system that contains carbon and is used to remove gaseous 
pollutants from a gaseous emission source.
    Carbon Adsorber control efficiency means the total efficiency of the 
control system, determined by the product of the capture efficiency and 
the control device efficiency.
    Chemical milling maskant means a coating that is applied directly to 
aluminum components to protect surface areas when chemical milling the 
component with a Type I or Type II etchant. Type I chemical milling 
maskants are used with a Type I etchant and Type II chemical milling 
maskants are used with a Type II etchant. This definition does not 
include bonding maskants, critical use and line sealer maskants, and 
seal coat maskants. Additionally, maskants that must be used with a 
combination of Type I or II etchants and any of the above types of 
maskants (i.e., bonding, critical use and line sealer, and seal coat) 
are also exempt from this subpart. (See also Type I and Type II etchant 
definitions.)
    Chemical milling maskant application operation means application of 
chemical milling maskant for use with Type I or Type II chemical milling 
etchants.
    Cleaning operation means collectively spray gun, hand-wipe, and 
flush cleaning operations.
    Cleaning solvent means a liquid material used for hand-wipe, spray 
gun, or flush cleaning. This definition does not include solutions that 
contain HAP and VOC below the de minimis levels specified in Sec. 
63.741(f).
    Closed-cycle depainting system means a dust-free, automated process 
that removes permanent coating in small sections at a time and maintains 
a continuous vacuum around the area(s) being depainted to capture 
emissions.
    Coating means a material that is applied to the surface of an 
aerospace vehicle or component to form a decorative, protective, or 
functional solid film, or the solid film itself.
    Coating operation means the use of a spray booth, tank, or other 
enclosure or any area, such as a hangar, for the application of a single 
type of coating (e.g., primer); the use of the same spray booth for the 
application of another type of coating (e.g., topcoat) constitutes a 
separate coating operation for which compliance determinations are 
performed separately.
    Coating unit means a series of one or more coating applicators and 
any associated drying area and/or oven wherein a coating is applied, 
dried, and/or cured. A coating unit ends at the point where the coating 
is dried or cured, or prior to any subsequent application of a different 
coating. It is not necessary to have an oven or flashoff area in order 
to be included in this definition.
    Confined space means a space that: (1) Is large enough and so 
configured that an employee can bodily enter and perform assigned work; 
(2) has limited or restricted means for entry or exit (for example, fuel 
tanks, fuel vessels, and other spaces that have limited means of entry); 
and (3) is not suitable for continuous employee occupancy.
    Control device means destruction and/or recovery equipment used to 
destroy or recover HAP or VOC emissions generated by a regulated 
operation.
    Control system means a combination of pollutant capture system(s) 
and control device(s) used to reduce discharge to the atmosphere of HAP 
or VOC emissions generated by a regulated operation.

[[Page 177]]

    Depainting means the removal of a permanent coating from the outer 
surface of an aerospace vehicle or component, whether by chemical or 
non-chemical means. For non-chemical means, this definition excludes 
hand and mechanical sanding, and any other non-chemical removal 
processes that do not involve blast media or other mechanisms that would 
result in airborne particle movement at high velocity.
    Depainting operation means the use of a chemical agent, media 
blasting, or any other technique to remove permanent coatings from the 
outer surface of an aerospace vehicle or components. The depainting 
operation includes washing of the aerospace vehicle or component to 
remove residual stripper, media, or coating residue.
    Electrodeposition of paint means the application of a coating using 
a water-based electrochemical bath process. The component being coated 
is immersed in a bath of the coating. An electric potential is applied 
between the component and an oppositely charged electrode hanging in the 
bath. The electric potential causes the ionized coating to be 
electrically attracted, migrated, and deposited on the component being 
coated.
    Electrostatic spray means a method of applying a spray coating in 
which an electrical charge is applied to the coating and the substrate 
is grounded. The coating is attracted to the substrate by the 
electrostatic potential between them.
    Exempt solvent means specified organic compounds that have been 
determined by the EPA to have negligible photochemical reactivity and 
are listed in 40 CFR 51.100.
    Exterior primer means the first layer and any subsequent layers of 
identically formulated coating applied to the exterior surface of an 
aerospace vehicle or component where the component is used on the 
exterior of the aerospace vehicle. Exterior primers are typically used 
for corrosion prevention, protection from the environment, functional 
fluid resistance, and adhesion of subsequent exterior topcoats. Coatings 
that are defined as specialty coatings are not included under this 
definition.
    Flush cleaning means the removal of contaminants such as dirt, 
grease, oil, and coatings from an aerospace vehicle or component or 
coating equipment by passing solvent over, into, or through the item 
being cleaned. The solvent may simply be poured into the item being 
cleaned and then drained, or be assisted by air or hydraulic pressure, 
or by pumping. Hand-wipe cleaning operations where wiping, scrubbing, 
mopping, or other hand action are used are not included.
    General aviation (GA) means that segment of civil aviation that 
encompasses all facets of aviation except air carriers, commuters, and 
military. General aviation includes charter and corporate-executive 
transportation, instruction, rental, aerial application, aerial 
observation, business, pleasure, and other special uses.
    General aviation rework facility means any aerospace facility with 
the majority of its revenues resulting from the reconstruction, repair, 
maintenance, repainting, conversion, or alteration of general aviation 
aerospace vehicles or components.
    Hand-wipe cleaning operation means the removal of contaminants such 
as dirt, grease, oil, and coatings from an aerospace vehicle or 
component by physically rubbing it with a material such as a rag, paper, 
or cotton swab that has been moistened with a cleaning solvent.
    Hazardous air pollutant (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    High efficiency particulate air (HEPA) filter means a filter that 
has a 99.97 percent reduction efficiency for 0.3 micron aerosol.
    High volume low pressure (HVLP) spray equipment means spray 
equipment that is used to apply coating by means of a spray gun that 
operates at 10.0 psig of atomizing air pressure or less at the air cap.
    Inorganic hazardous air pollutant (HAP) means any HAP that is not 
organic.
    Large commercial aircraft means an aircraft of more than 110,000 
pounds, maximum certified take-off weight manufactured for non-military 
use.
    Leak means any visible leakage, including misting and clouding.

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    Limited access space means internal surfaces or passages of an 
aerospace vehicle or component that cannot be reached without the aid of 
an airbrush or a spray gun extension for the application of coatings.
    Mechanical sanding means aerospace vehicle or component surface 
conditioning which uses directional and random orbital abrasive tools 
and aluminum oxide or nylon abrasive pads for the purpose of corrosion 
rework, substrate repair, prepaint surface preparation, and other 
maintenance activities.
    Natural draft opening means any opening in a room, building, or 
total enclosure that remains open during operation of the facility and 
that is not connected to a duct in which a fan is installed. The rate 
and direction of the natural draft through such an opening is a 
consequence of the difference in pressures on either side of the wall 
containing the opening.
    Non-chemical based depainting equipment means any depainting 
equipment or technique, including, but not limited to, media blasting 
equipment, that can depaint an aerospace vehicle or component in the 
absence of a chemical stripper. This definition does not include 
mechanical sanding or hand sanding.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in 
which the spent carbon bed does not undergo carbon regeneration in the 
adsorption vessel.
    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, determines that an owner or operator has complied with an 
applicable emission limitation.
    Organic hazardous air pollutant (HAP) means any HAP that is organic.
    Primer means the first layer and any subsequent layers of 
identically formulated coating applied to the surface of an aerospace 
vehicle or component. Primers are typically used for corrosion 
prevention, protection from the environment, functional fluid 
resistance, and adhesion of subsequent coatings. Coatings that are 
defined as specialty coatings are not included under this definition.
    Radome means the non-metallic protective housing for electromagnetic 
transmitters and receivers (e.g., radar, electronic countermeasures, 
etc.).
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value, 
use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators, 
or organic-water separators or organic removal devices such as 
decanters, strippers, or thin-film evaporation units.
    Research and Development means an operation whose primary purpose is 
for research and development of new processes and products, that is 
conducted under the close supervision of technically trained personnel, 
and is not involved in the manufacture of final or intermediate products 
for commerical purposes, except in a de mimnimis manner.
    Self-priming topcoat means a topcoat that is applied directly to an 
uncoated aerospace vehicle or component for purposes of corrosion 
prevention, environmental protection, and functional fluid resistance. 
More than one layer of identical coating formulation may be applied to 
the vehicle or component.
    Semi-aqueous cleaning solvent means a solution in which water is a 
primary ingredient ('' 60 percent of the solvent solution as applied 
must be water.)
    Softener means a liquid that is applied to an aerospace vehicle or 
component to degrade coatings such as primers and topcoats specifically 
as a preparatory step to subsequent depainting by non-chemical based 
depainting equipment. Softeners may contain VOC but shall not contain 
any HAP as determined from MSDS's or manufacturer supplied information.
    Solids means the non-volatile portion of the coating which after 
drying makes up the dry film.
    Space vehicle means a man-made device, either manned or unmanned, 
designed for operation beyond earth's atmosphere. This definition 
includes integral equipment such as models,

[[Page 179]]

mock-ups, prototypes, molds, jigs, tooling, hardware jackets, and test 
coupons. Also included is auxiliary equipment associated with test, 
transport, and storage, which through contamination can compromise the 
space vehicle performance.
    Specialty coating means a coating that, even though it meets the 
definition of a primer, topcoat, or self-priming topcoat, has additional 
performance criteria beyond those of primers, topcoats, and self-priming 
topcoats for specific applications. These performance criteria may 
include, but are not limited to, temperature or fire resistance, 
substrate compatibility, antireflection, temporary protection or 
marking, sealing, adhesively joining substrates, or enhanced corrosion 
protection. Individual specialty coatings are defined in appendix A to 
this subpart and in the CTG for Aerospace Manufacturing and Rework 
Operations (EPA 453/R-97-004).
    Spot stripping means the depainting of an area where it is not 
technically feasible to use a non-chemical depainting technique.
    Spray gun means a device that atomizes a coating or other material 
and projects the particulates or other material onto a substrate.
    Stripper means a liquid that is applied to an aerospace vehicle or 
component to remove permanent coatings such as primers and topcoats.
    Surface preparation means the removal of contaminants from the 
surface of an aerospace vehicle or component, or the activation or 
reactivation of the surface in preparation for the application of a 
coating.
    Temporary total enclosure means a total enclosure that is 
constructed for the sole purpose of measuring the emissions from an 
affected source that are not delivered to an emission control device. A 
temporary total enclosure must be constructed and ventilated (through 
stacks suitable for testing) so that it has minimal impact on the 
performance of the permanent emission capture system. A temporary total 
enclosure will be assumed to achieve total capture of fugitive emissions 
if it conforms to the requirements found in Sec. 63.750(g)(4) and if 
all natural draft openings are at least four duct or hood equivalent 
diameters away from each exhaust duct or hood. Alternatively, the owner 
or operator may apply to the Administrator for approval of a temporary 
enclosure on a case-by-case basis.
    Topcoat means a coating that is applied over a primer on an 
aerospace vehicle or component for appearance, identification, 
camouflage, or protection. Coatings that are defined as specialty 
coatings are not included under this definition.
    Total enclosure means a permanent structure that is constructed 
around a gaseous emission source so that all gaseous pollutants emitted 
from the source are collected and ducted through a control device, such 
that 100% capture efficiency is achieved. There are no fugitive 
emissions from a total enclosure. The only openings in a total enclosure 
are forced makeup air and exhaust ducts and any natural draft openings 
such as those that allow raw materials to enter and exit the enclosure 
for processing. All access doors or windows are closed during routine 
operation of the enclosed source. Brief, occasional openings of such 
doors or windows to accommodate process equipment adjustments are 
acceptable, but if such openings are routine or if an access door 
remains open during the entire operation, the access door must be 
considered a natural draft opening. The average inward face velocity 
across the natural draft openings of the enclosure must be calculated 
including the area of such access doors. The drying oven itself may be 
part of the total enclosure. An enclosure that meets the requirements 
found in Sec. 63.750(g)(4) is a permanent total enclosure.
    Touch-up and repair operation means that portion of the coating 
operation that is the incidental application of coating used to cover 
minor imperfections in the coating finish or to achieve complete 
coverage. This definition includes out-of-sequence or out-of-cycle 
coating.
    Two-stage filter system means a dry particulate filter system using 
two layers of filter media to remove particulate. The first stage is 
designed to remove the bulk of the particulate and a higher efficiency 
second stage is designed to remove smaller particulate.

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    Type I etchant means a chemical milling etchant that contains 
varying amounts of dissolved sulfur and does not contain amines.
    Type II etchant means a chemical milling etchant that is a strong 
sodium hydroxide solution containing amines.
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100. This includes any organic compound other than those 
determined by the EPA to be an exempt solvent. For purposes of 
determining compliance with emission limits, VOC will be measured by the 
approved test methods. Where such a method also inadvertently measures 
compounds that are exempt solvent, an owner or operator may exclude 
these exempt solvents when determining compliance with an emission 
standard.
    Waterborne (water-reducible) coating means any coating that contains 
more than 5 percent water by weight as applied in its volatile fraction.
    Waterwash system means a control system that utilizes flowing water 
(i.e., a conventional waterwash system) or a pumpless system to remove 
particulate emissions from the exhaust air stream in spray coating 
application or dry media blast depainting operations.
    Nomenclature for determining carbon adsorber efficiency--The 
nomenclature defined below is used in Sec. 63.750(g):
    (1) Ak = the area of each natural draft opening (k) in a 
total enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas 
stream (j) exiting the emission control device, in parts per million by 
volume.
    (3) Cbi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device, in parts per million by 
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device from the affected 
source, in parts per million by volume.
    (5) Cfk = the concentration of HAP or VOC in each 
uncontrolled gas stream (k) emitted directly to the atmosphere from the 
affected source, in parts per million by volume.
    (6) Cgv = the concentration of HAP or VOC in each 
uncontrolled gas stream entering each individual carbon adsorber vessel 
(v), in parts per million by volume. For the purposes of calculating the 
efficiency of the individual carbon adsorber vessel, Cgv may 
be measured in the carbon adsorption system's common inlet duct prior to 
the branching of individual inlet ducts to the individual carbon 
adsorber vessels.
    (7) Chv = the concentration of HAP or VOC in the gas 
stream exiting each individual carbon adsorber vessel (v), in parts per 
million by volume.
    (8) E = the control device efficiency achieved for the duration of 
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC 
capture system achieved for the duration of the emission test (expressed 
as a fraction).
    (10) FV = the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (11) Hv = the individual carbon adsorber vessel (v) 
efficiency achieved for the duration of the emission test (expressed as 
a fraction).
    (12) Hsys = the efficiency of the carbon adsorption 
system calculated when each carbon adsorber vessel has an individual 
exhaust stack (expressed as a fraction).
    (13) Mci = the total mass in kilograms of each batch of 
coating (i) applied, or of each coating applied at an affected coating 
operation during a 7 to 30-day period, as appropriate, as determined 
from records at the affected source. This quantity shall be determined 
at a time and location in the process after all ingredients (including 
any dilution solvent) have been added to the coating, or if ingredients 
are added after the mass of the coating has been determined, appropriate 
adjustments shall be made to account for them.
    (14) Mr = the total mass in kilograms of HAP or VOC 
recovered for a 7 to 30-day period.
    (15) Qaj = the volumetric flow rate of each gas stream 
(j) exiting the emission control device in either dry standard cubic 
meters per hour when EPA Method 18 in appendix A of part 60 is used to 
measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method

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25A is used to measure HAP or VOC concentration.
    (16) Qbi = the volumetric flow rate of each gas stream 
(i) entering the emission control device, in dry standard cubic meters 
per hour when EPA Method 18 is used to measure HAP or VOC concentration 
or in standard cubic meters per hour (wet basis) when EPA Method 25A is 
used to measure HAP or VOC concentration.
    (17) Qdi = the volumetric flow rate of each gas stream 
(i) entering the emission control device from the affected source in 
either dry standard cubic meters per hour when EPA Method 18 is used to 
measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (18) Qfk = the volumetric flow rate of each uncontrolled 
gas stream (k) emitted directly to the atmosphere from the affected 
source in either dry standard cubic meters per hour when EPA Method 18 
is used to measure HAP or VOC concentration or in standard cubic meters 
per hour (wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (19) Qgv = the volumetric flow rate of each gas stream 
entering each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration. For 
purposes of calculating the efficiency of the individual carbon adsorber 
vessel, the value of Qgv can be assumed to equal the value of 
Qhv measured for that carbon adsorber vessel.
    (20) Qhv = the volumetric flow rate of each gas stream 
exiting each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration.
    (21) Qini = the volumetric flow rate of each gas stream 
(i) entering the total enclosure through a forced makeup air duct in 
standard cubic meters per hour (wet basis).
    (22) Qoutj = the volumetric flow rate of each gas stream 
(j) exiting the total enclosure through an exhaust duct or hood in 
standard cubic meters per hour (wet basis).
    (23) R = the overall HAP or VOC emission reduction achieved for the 
duration of the emission test (expressed as a percentage).
    (24) RSi = the total mass in kilograms of HAP or VOC 
retained in the coating after drying.
    (25) Woi = the weight fraction of VOC in each batch of 
coating (i) applied, or of each coating applied at an affected coating 
operation during a 7- to 30-day period, as appropriate, as determined by 
EPA Method 24 or formulation data. This value shall be determined at a 
time and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the weight fraction of HAP or VOC in the coating has been 
determined, appropriate adjustments shall be made to account for them.

[60 FR 45956, Sept. 1, 1995, as amended at 63 FR 15017, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000]



Sec. 63.743  Standards: General.

    (a) Except as provided in paragraphs (a)(4) through (a)(10) of this 
section and in Table 1 of this subpart, each owner or operator of an 
affected source subject to this subpart is also subject to the following 
sections of subpart A of this part:
    (1) Sec. 63.4, Prohibited activities and circumvention;
    (2) Sec. 63.5, Construction and reconstruction; and
    (3) Sec. 63.6, Compliance with standards and maintenance 
requirements.
    (4) For the purposes of this subpart, all affected sources shall 
submit any request for an extension of compliance not later than 120 
days before the affected source's compliance date. The extension request 
should be requested for the shortest time necessary to attain 
compliance, but in no case shall exceed 1 year.
    (5)(i) For the purposes of this subpart, the Administrator (or the 
State with an approved permit program) will notify the owner or operator 
in writing of his/her intention to deny approval of

[[Page 182]]

a request for an extension of compliance submitted under either Sec. 
63.6(i)(4) or Sec. 63.6(i)(5) within 60 calendar days after receipt of 
sufficient information to evaluate the request.
    (ii) In addition, for purposes of this subpart, if the Administrator 
does not notify the owner or operator in writing of his/her intention to 
deny approval within 60 calendar days after receipt of sufficient 
information to evaluate a request for an extension of compliance, then 
the request shall be considered approved.
    (6)(i) For the purposes of this subpart, the Administrator (or the 
State) will notify the owner or operator in writing of the status of 
his/her application submitted under Sec. 63.6(i)(4)(ii) (that is, 
whether the application contains sufficient information to make a 
determination) within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that is submitted, rather than 15 calendar 
days as provided for in Sec. 63.6(i)(13)(i).
    (ii) In addition, for the purposes of this subpart, if the 
Administrator does not notify the owner or operator in writing of the 
status of his/her application within 30 calendar days after receipt of 
the original application and within 30 calendar days after receipt of 
any supplementary information that is submitted, then the information in 
the application or the supplementary information is to be considered 
sufficient upon which to make a determination.
    (7) For the purposes of this subpart, each owner or operator who has 
submitted an extension request application under Sec. 63.6(i)(5) is to 
be provided 30 calendar days to present additional information or 
arguments to the Administrator after he/she is notified that the 
application is not complete, rather than 15 calendar days as provided 
for in Sec. 63.6(i)(13)(ii).
    (8) For the purposes of this subpart, each owner or operator is to 
be provided 30 calendar days to present additional information to the 
Administrator after he/she is notified of the intended denial of a 
compliance extension request submitted under either Sec. 63.6(i)(4) or 
Sec. 63.6(i)(5), rather than 15 calendar days as provided for in Sec. 
63.6(1)(12)(iii)(B) and Sec. 63.6(i)(13)(iii)(B).
    (9) For the purposes of this subpart, a final determination to deny 
any request for an extension submitted under either Sec. 63.6(i)(4) or 
Sec. 63.6(i)(5) will be made within 60 calendar days after presentation 
of additional information or argument (if the application is complete), 
or within 60 calendar days after the final date specified for the 
presentation if no presentation is made, rather than 30 calendar days as 
provided for in Sec. 63.6(i)(12)(iv) and Sec. 63.6(i)(13)(iv).
    (10) For the purposes of compliance with the requirements of Sec. 
63.5(b)(4) of the General Provisions and this subpart, owners or 
operators of existing primer or topcoat application operations and 
depainting operations who construct or reconstruct a spray booth or 
hangar that does not have the potential to emit 10 tons/yr or more of an 
individual inorganic HAP or 25 tons/yr or more of all inorganic HAP 
combined shall only be required to notify the Administrator of such 
construction or reconstruction on an annual basis. Notification shall be 
submitted on or before March 1 of each year and shall include the 
information required in Sec. 63.5(b)(4) for each such spray booth or 
hangar constructed or reconstructed during the prior calendar year, 
except that such information shall be limited to inorganic HAP's. No 
advance notification or written approval from the Administrator pursuant 
to Sec. 63.5(b)(3) shall be required for the construction or 
reconstruction of such a spray booth or hangar unless the booth or 
hangar has the potential to emit 10 tons/yr or more of an individual 
inorganic HAP or 25 tons/yr or more of all inorganic HAP combined.
    (b) Startup, shutdown, and malfunction plan. Each owner or operator 
that uses an air pollution control device or equipment to control HAP 
emissions shall prepare a startup, shutdown, and malfunction plan in 
accordance with Sec. 63.6. Dry particulate filter systems operated per 
the manufacturer's instructions are exempt from a startup, shutdown, and 
malfunction plan. A startup, shutdown, and malfunction plan shall be 
prepared for facilities using locally prepared operating procedures. In 
addition to the information required in

[[Page 183]]

Sec. 63.6, this plan shall also include the following provisions:
    (1) The plan shall specify the operation and maintenance criteria 
for each air pollution control device or equipment and shall include a 
standardized checklist to document the operation and maintenance of the 
equipment;
    (2) The plan shall include a systematic procedure for identifying 
malfunctions and for reporting them immediately to supervisory 
personnel; and
    (3) The plan shall specify procedures to be followed to ensure that 
equipment or process malfunctions due to poor maintenance or other 
preventable conditions do not occur.
    (c) An owner or operator who uses an air pollution control device or 
equipment not listed in this subpart shall submit a description of the 
device or equipment, test data verifying the performance of the device 
or equipment in controlling organic HAP and/or VOC emissions, as 
appropriate, and specific operating parameters that will be monitored to 
establish compliance with the standards to the Administrator for 
approval not later than 120 days prior to the compliance date.
    (d) Instead of complying with the individual coating limits in 
Sec. Sec. 63.745 and 63.747, a facility may choose to comply with the 
averaging provisions specified in paragraphs (d)(1) through (d)(6) of 
this section.
    (1) Each owner or operator of a new or existing source shall use any 
combination of primers, topcoats (including self-priming topcoats), Type 
I chemical milling maskants, or Type II chemical milling maskants such 
that the monthly volume-weighted average organic HAP and VOC contents of 
the combination of primers, topcoats, Type I chemical milling maskants, 
or Type II chemical milling maskants, as determined in accordance with 
the applicable procedures set forth in Sec. 63.750, complies with the 
specified content limits in Sec. Sec. 63.745(c) and 63.747(c), unless 
the permitting agency specifies a shorter averaging period as part of an 
ambient ozone control program.
    (2) Averaging is allowed only for uncontrolled primers, topcoats 
(including self-priming topcoats), Type I chemical milling maskants, or 
Type II chemical milling maskants.
    (3) Averaging is not allowed between primers and topcoats (including 
self-priming topcoats).
    (4) Averaging is not allowed between Type I and Type II chemical 
milling maskants.
    (5) Averaging is not allowed between primers and chemical milling 
maskants, or between topcoats and chemical milling maskants.
    (6) Each averaging scheme shall be approved in advance by the 
permitting agency and adopted as part of the facility's title V permit.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15017, Mar. 27, 1998; 
71 FR 20457, Apr. 20, 2006]



Sec. 63.744  Standards: Cleaning operations.

    (a) Housekeeping measures. Each owner or operator of a new or 
existing cleaning operation subject to this subpart shall comply with 
the requirements in these paragraphs unless the cleaning solvent used is 
identified in Table 1 of this section or contains HAP and VOC below the 
de minimis levels specified in Sec. 63.741(f).
    (1) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, place used solvent-laden cloth, paper, 
or any other absorbent applicators used for cleaning in bags or other 
closed containers. Ensure that these bags and containers are kept closed 
at all times except when depositing or removing these materials from the 
container. Use bags and containers of such design so as to contain the 
vapors of the cleaning solvent. Cotton-tipped swabs used for very small 
cleaning operations are exempt from this requirement.
    (2) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, store fresh and spent cleaning 
solvents, except semi-aqueous solvent cleaners, used in aerospace 
cleaning operations in closed containers.
    (4) Demonstrate to the Administrator (or delegated State, local, or 
Tribal authority) that equivalent or better alternative measures are in 
place compared to the use of closed containers

[[Page 184]]

for the solvent-laden materials described in paragraph (a)(1) of this 
section, or the storage of solvents described in paragraph (a)(2) of 
this section.
    (3) Conduct the handling and transfer of cleaning solvents to or 
from enclosed systems, vats, waste containers, and other cleaning 
operation equipment that hold or store fresh or spent cleaning solvents 
in such a manner that minimizes spills.
    (b) Hand-wipe cleaning. Each owner or operator of a new or existing 
hand-wipe cleaning operation (excluding cleaning of spray gun equipment 
performed in accordance with paragraph (c) of this section) subject to 
this subpart shall use cleaning solvents that meet one of the 
requirements specified in paragraphs (b)(1), (b)(2), and (b)(3) of this 
section. Cleaning solvent solutions that contain HAP and VOC below the 
de minimis levels specified in Sec. 63.741(f) are exempt from the 
requirements in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
    (1) Meet one of the composition requirements in Table 1 of this 
section;
    (2) Have a composite vapor pressure of 45 mm Hg (24.1 in. 
H2 O) or less at 20 [deg]C (68 [deg]F); or
    (3) Demonstrate that the volume of hand-wipe solvents used in 
cleaning operations has been reduced by at least 60% from a baseline 
adjusted for production. The baseline shall be established as part of an 
approved alternative plan administered by the State. Demonstrate that 
the volume of hand-wipe cleaning solvents used in cleaning operations 
has been reduced by at least 60 percent from a baseline adjusted for 
production. The baseline shall be calculated using data from 1996 and 
1997, or as otherwise agreed upon by the Administrator or delegated 
State Authority. The baseline shall be approved by the Administrator or 
delegated State Authority and shall be included as part of the 
facility's title V or part 70 permit.
    (c) Spray gun cleaning. Each owner or operator of a new or existing 
spray gun cleaning operation subject to this subpart in which spray guns 
are used for the application of coatings or any other materials that 
require the spray guns to be cleaned shall use one or more of the 
techniques, or their equivalent, specified in paragraphs (c)(1) through 
(c)(4) of this section. Spray gun cleaning operations using cleaning 
solvent solutions that contain HAP and VOC below the de minimis levels 
specified in Sec. 63.741(f) are exempt from the requirements in 
paragraphs (c)(1) through (c)(4) of this section.
    (1)(i) Enclosed system. Clean the spray gun in an enclosed system 
that is closed at all times except when inserting or removing the spray 
gun. Cleaning shall consist of forcing solvent through the gun.
    (ii) If leaks are found during the monthly inspection required in 
Sec. 63.751(a), repairs shall be made as soon as practicable, but no 
later than 15 days after the leak was found. If the leak is not repaired 
by the 15th day after detection, the cleaning solvent shall be removed, 
and the enclosed cleaner shall be shut down until the leak is repaired 
or its use is permanently discontinued.
    (2) Nonatomized cleaning. Clean the spray gun by placing cleaning 
solvent in the pressure pot and forcing it through the gun with the 
atomizing cap in place. No atomizing air is to be used. Direct the 
cleaning solvent from the spray gun into a vat, drum, or other waste 
container that is closed when not in use.
    (3) Disassembled spray gun cleaning. Disassemble the spray gun and 
clean the components by hand in a vat, which shall remain closed at all 
times except when in use. Alternatively, soak the components in a vat, 
which shall remain closed during the soaking period and when not 
inserting or removing components.
    (4) Atomizing cleaning. Clean the spray gun by forcing the cleaning 
solvent through the gun and direct the resulting atomized spray into a 
waste container that is fitted with a device designed to capture the 
atomized cleaning solvent emissions.
    (5) Cleaning of the nozzle tips of automated spray equipment 
systems, except for robotic systems that can be programmed to spray into 
a closed container, shall be exempt from the requirements of paragraph 
(c) of this section.

[[Page 185]]

    (d) Flush cleaning. Each owner or operator of a flush cleaning 
operation subject to this subpart (excluding those in which Table 1 or 
semi-aqueous cleaning solvents are used) shall empty the used cleaning 
solvent each time aerospace parts or assemblies, or components of a 
coating unit (with the exception of spray guns) are flush cleaned into 
an enclosed container or collection system that is kept closed when not 
in use or into a system with equivalent emission control.
    (e) Exempt cleaning operations. The following cleaning operations 
are exempt from the requirements of paragraph (b) of this section:
    (1) Cleaning during the manufacture, assembly, installation, 
maintenance, or testing of components of breathing oxygen systems that 
are exposed to the breathing oxygen;
    (2) Cleaning during the manufacture, assembly, installation, 
maintenance, or testing of parts, subassemblies, or assemblies that are 
exposed to strong oxidizers or reducers (e.g., nitrogen tetroxide, 
liquid oxygen, or hydrazine);
    (3) Cleaning and surface activation prior to adhesive bonding;
    (4) Cleaning of electronic parts and assemblies containing 
electronic parts;
    (5) Cleaning of aircraft and ground support equipment fluid systems 
that are exposed to the fluid, including air-to-air heat exchangers and 
hydraulic fluid systems;
    (6) Cleaning of fuel cells, fuel tanks, and confined spaces;
    (7) Surface cleaning of solar cells, coated optics, and thermal 
control surfaces;
    (8) Cleaning during fabrication, assembly, installation, and 
maintenance of upholstery, curtains, carpet, and other textile materials 
used in the interior of the aircraft;
    (9) Cleaning of metallic and nonmetallic materials used in honeycomb 
cores during the manufacture or maintenance of these cores, and cleaning 
of the completed cores used in the manufacture of aerospace vehicles or 
components;
    (10) Cleaning of aircraft transparencies, polycarbonate, or glass 
substrates;
    (11) Cleaning and cleaning solvent usage associated with research 
and development, quality control, and laboratory testing;
    (12) Cleaning operations, using nonflamable liquids, conducted 
within five feet of energized electrical systems. Energized electrical 
systems means any AC or DC electrical circuit on an assembled aircraft 
once electrical power is connected, including interior passenger and 
cargo areas, wheel wells and tail sections; and
    (13) Cleaning operations identified as essential uses under the 
Montreal Protocol for which the Administrator has allocated essential 
use allowances or exemptions in 40 CFR 82.4.

    Table 1--Composition Requirements for Approved Cleaning Solvents
------------------------------------------------------------------------
    Cleaning solvent type               Composition requirements
------------------------------------------------------------------------
Aqueous......................  Cleaning solvents in which water is the
                                primary ingredient (=80
                                percent of cleaning solvent solution as
                                applied must be water). Detergents,
                                surfactants, and bioenzyme mixtures and
                                nutrients may be combined with the water
                                along with a variety of additives, such
                                as organic solvents (e.g., high boiling
                                point alcohols), builders, saponifiers,
                                inhibitors, emulsifiers, pH buffers, and
                                antifoaming agents. Aqueous solutions
                                must have a flash point greater than 93
                                [deg]C (200[deg] F) (as reported by the
                                manufacturer), and the solution must be
                                miscible with water.
Hydrocarbon-based............  Cleaners that are composed of
                                photochemically reactive hydrocarbons
                                and/or oxygenated hydrocarbons and have
                                a maximum vapor pressure of 7 mm Hg at
                                20 [deg]C (3.75 in. H2O and 68 [deg]F).
                                These cleaners also contain no HAP.
------------------------------------------------------------------------


[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15018, Mar. 27 1998; 63 
FR 46533, Sept. 1, 1998; 68 FR 37352, June 23, 2003]



Sec. 63.745  Standards: Primer and topcoat application operations.

    (a) Each owner or operator of a new or existing primer or topcoat 
application operation subject to this subpart shall comply with the 
requirements

[[Page 186]]

specified in paragraph (c) of this section for those coatings that are 
uncontrolled (no control device is used to reduce organic HAP emissions 
from the operation), and in paragraph (d) of this section for those 
coatings that are controlled (organic HAP emissions from the operation 
are reduced by the use of a control device). Aerospace equipment that is 
no longer operational, intended for public display, and not easily 
capable of being moved is exempt from the requirements of this section.
    (b) Each owner or operator shall conduct the handling and transfer 
of primers and topcoats to or from containers, tanks, vats, vessels, and 
piping systems in such a manner that minimizes spills.
    (c) Uncontrolled coatings--organic HAP and VOC content levels. Each 
owner or operator shall comply with the organic HAP and VOC content 
limits specified in paragraphs (c)(1) through (c)(4) of this section for 
those coatings that are uncontrolled.
    (1) Organic HAP emissions from primers shall be limited to an 
organic HAP content level of no more than: 540 g/L (4.5 lb/gal) of 
primer (less water), as applied, for general aviation rework facilities; 
or 650 g/L (5.4 lb/gal) of exterior primer (less water), as applied, to 
large commercial aircraft components (parts or assemblies) or fully 
assembled, large commercial aircraft at existing affected sources that 
produce fully assembled, large commercial aircraft; or 350 g/L (2.9 lb/
gal) of primer (less water), as applied.
    (2) VOC emissions from primers shall be limited to a VOC content 
level of no more than: 540 g/L (4.5 lb/gal) of primer (less water and 
exempt solvents), as applied, for general aviation rework facilities; or 
650 g/L (5.4 lb/gal) of exterior primer (less water and exempt 
solvents), as applied, to large commercial aircraft components (parts or 
assemblies) or fully assembled, large commercial aircraft at existing 
affected sources that produce fully assembled, large commercial 
aircraft; or 350 g/L (2.9 lb/gal) of primer (less water and exempt 
solvents), as applied.
    (3) Organic HAP emissions from topcoats shall be limited to an 
organic HAP content level of no more than: 420 g/L (3.5 lb/gal) of 
coating (less water) as applied or 540 g/L (4.5 lb/gal) of coating (less 
water) as applied for general aviation rework facilities. Organic HAP 
emissions from self-priming topcoats shall be limited to an organic HAP 
content level of no more than: 420 g/L (3.5 lb/gal) of self-priming 
topcoat (less water) as applied or 540 g/L (4.5 lb/gal) of self-priming 
topcoat (less water) as applied for general aviation rework facilities.
    (4) VOC emissions from topcoats shall be limited to a VOC content 
level of no more than: 420 g/L (3.5 lb/gal) of coating (less water and 
exempt solvents) as applied or 540 g/L (4.5 lb/gal) of coating (less 
water and exempt solvents) as applied for general aviation rework 
facilities. VOC emissions from self-priming topcoats shall be limited to 
a VOC content level of no more than: 420 g/L (3.5 lb/gal) of self-
priming topcoat (less water and exempt solvents) as applied or 540 g/L 
(4.5 lb/gal) of self-priming topcoat (less water) as applied for general 
aviation rework facilities.
    (d) Controlled coatings--control system requirements. Each control 
system shall reduce the operation's organic HAP and VOC emissions to the 
atmosphere by 81% or greater, taking into account capture and 
destruction or removal efficiencies, as determined using the procedures 
in Sec. 63.750(g) when a carbon adsorber is used and in Sec. 63.750(h) 
when a control device other than a carbon adsorber is used.
    (e) Compliance methods. Compliance with the organic HAP and VOC 
content limits specified in paragraphs (c)(1) through (c)(4) of this 
section shall be accomplished by using the methods specified in 
paragraphs (e)(1) and (e)(2) of this section either by themselves or in 
conjunction with one another.
    (1) Use primers and topcoats (including self-priming topcoats) with 
HAP and VOC content levels equal to or less than the limits specified in 
paragraphs (c)(1) through (c)(4) of this section; or
    (2) Use the averaging provisions described in Sec. 63.743(d).
    (f) Application equipment. Except as provided in paragraph (f)(3) of 
this section, each owner or operator of a new or existing primer or 
topcoat (including self-priming topcoat) application operation subject 
to this subpart in

[[Page 187]]

which any of the coatings contain organic HAP or VOC shall comply with 
the requirements specified in paragraphs (f)(1) and (f)(2) of this 
section.
    (1) All primers and topcoats (including self-priming topcoats) shall 
be applied using one or more of the application techniques specified in 
paragraphs (f)(1)(i) through (f)(1)(ix) of this section.
    (i) Flow/curtain coat application;
    (ii) Dip coat application;
    (iii) Roll coating;
    (iv) Brush coating;
    (v) Cotton-tipped swab application;
    (vi) Electrodeposition (dip) coating;
    (vii) High volume low pressure (HVLP) spraying;
    (viii) Electrostatic spray application; or
    (ix) Other coating application methods that achieve emission 
reductions equivalent to HVLP or electrostatic spray application 
methods, as determined according to the requirements in Sec. 63.750(i).
    (2) All application devices used to apply primers or topcoats 
(including self-priming topcoats) shall be operated according to company 
procedures, local specified operating procedures, and/or the 
manufacturer's specifications, whichever is most stringent, at alltimes. 
Equipment modified by the facility shall maintain a transfer efficiency 
equivalent to HVLP and electrostatic spray application techniques.
    (3) The following situations are exempt from the requirements of 
paragraph (f)(1) of this section:
    (i) Any situation that normally requires the use of an airbrush or 
an extension on the spray gun to properly reach limited access spaces;
    (ii) The application of coatings that contain fillers that adversely 
affect atomization with HVLP spray guns and that the permitting agency 
has determined cannot be applied by any of the application methods 
specified in paragraph (f)(1) of this section;
    (iii) The application of coatings that normally have a dried film 
thickness of less than 0.0013 centimeter (0.0005 in.) and that the 
permitting agency has determined cannot be applied by any of the 
application methods specified in paragraph (f)(1) of this section;
    (iv) The use of airbrush application methods for stenciling, 
lettering, and other identification markings;
    (v) The use of hand-held spray can application methods; and
    (vi) Touch-up and repair operations.
    (g) Inorganic HAP emissions. Except as provided in paragraph (g)(4) 
of this section, each owner or operator of a new or existing primer or 
topcoat application operation subject to this subpart in which any of 
the coatings that are spray applied contain inorganic HAP, shall comply 
with the applicable requirements in paragraphs (g)(1) through (g)(3) of 
this section.
    (1) Apply these coatings in a booth or hangar in which air flow is 
directed downward onto or across the part or assembly being coated and 
exhausted through one or more outlets.
    (2) Control the air stream from this operation as follows:
    (i) For existing sources, the owner or operator must choose one of 
the following:
    (A) Before exhausting it to the atmosphere, pass the air stream 
through a dry particulate filter system certified using the methods 
described in Sec. 63.750(o) to meet or exceed the efficiency data 
points in Tables 1 and 2 of this section; or

Table 1--Two-Stage Arrestor; Liquid Phase Challenge for Existing Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %           range, [micro]m
------------------------------------------------------------------------
90..............................  5.7
50..............................  4.1
10..............................  2.2
------------------------------------------------------------------------


 Table 2--Two-Stage Arrestor; Solid Phase Challenge for Existing Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %           range, [micro]m
------------------------------------------------------------------------
90..............................  8.1
50..............................  5.0
10..............................  2.6
------------------------------------------------------------------------

    (B) Before exhausting it to the atmosphere, pass the air stream 
through a waterwash system that shall remain in operation during all 
coating application operations; or
    (C) Before exhausting it to the atmosphere, pass the air stream 
through

[[Page 188]]

an air pollution control system that meets or exceeds the efficiency 
data points in Tables 1 and 2 of this section and is approved by the 
permitting authority.
    (ii) For new sources, either:
    (A) Before exhausting it to the atmosphere, pass the air stream 
through a dry particulate filter system certified using the methods 
described in Sec. 63.750(o) to meet or exceed the efficiency data 
points in Tables 3 and 4 of this section; or

  Table 3--Three-Stage Arrestor; Liquid Phase Challenge for New Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %           range, [micro]m
------------------------------------------------------------------------
95..............................  2.0
80..............................  1.0
65..............................  0.42
------------------------------------------------------------------------


  Table 4--Three-Stage Arrestor; Solid Phase Challenge for New Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %           range, [micro]m
------------------------------------------------------------------------
95..............................  2.5
85..............................  1.1
75..............................  0.70
------------------------------------------------------------------------

    (B) Before exhausting it to the atmosphere, pass the air stream 
through an air pollution control system that meets or exceeds the 
efficiency data points in Tables 3 and 4 of this section and is approved 
by the permitting authority.
    (iii) Owners or operators of new sources that have commenced 
construction or reconstruction after June 6, 1994 but prior to October 
29, 1996 may comply with the following requirements in lieu of the 
requirements in paragraph (g)(2)(ii) of this section:
    (A) Pass the air stream through either a two-stage dry particulate 
filter system or a waterwash system before exhausting it to the 
atmosphere.
    (B) If the primer or topcoat contains chromium or cadmium, control 
shall consist of a HEPA filter system, three-stage filter system, or 
other control system equivalent to the three stage filter system as 
approved by the permitting agency.
    (iv) If a dry particulate filter system is used, the following 
requirements shall be met:
    (A) Maintain the system in good working order;
    (B) Install a differential pressure gauge across the filter banks;
    (C) Continuously monitor the pressure drop across the filter and 
read and record the pressure drop once per shift; and
    (D) Take corrective action when the pressure drop exceeds or falls 
below the filter manufacturer's recommended limit(s).
    (v) If a conventional waterwash system is used, continuously monitor 
the water flow rate and read and record the water flow rate once per 
shift. If a pumpless system is used, continuously monitor the booth 
parameter(s) that indicate performance of the booth per the 
manufacturer's recommendations to maintain the booth within the 
acceptable operating efficiency range and read and record the parameters 
once per shift.
    (3) If the pressure drop across the dry particulate filter system, 
as recorded pursuant to Sec. 63.752(d)(1), is outside the limit(s) 
specified by the filter manufacturer or in locally prepared operating 
procedures, shut down the operation immediately and take corrective 
action. If the water path in the waterwash system fails the visual 
continuity/flow characteristics check, or the water flow rate recorded 
pursuant to Sec. 63.752(d)(2) exceeds the limit(s) specified by the 
booth manufacturer or in locally prepared operating procedures, or the 
booth manufacturer's or locally prepared maintenance procedures for the 
filter or waterwash system have not been performed as scheduled, shut 
down the operation immediately and take corrective action. The operation 
shall not be resumed until the pressure drop or water flow rate is 
returned within the specified limit(s).
    (4) The requirements of paragraphs (g)(1) through (g)(3) of this 
section do not apply to the following:
    (i) Touch-up of scratched surfaces or damaged paint;
    (ii) Hole daubing for fasteners;
    (iii) Touch-up of trimmed edges;
    (iv) Coating prior to joining dissimilar metal components;

[[Page 189]]

    (v) Stencil operations performed by brush or air brush;
    (vi) Section joining;
    (vii) Touch-up of bushings and other similar parts;
    (viii) Sealant detackifying;
    (ix) Painting parts in an area identified in a title V permit, where 
the permitting authority has determined that it is not technically 
feasible to paint the parts in a booth; and
    (x) The use of hand-held spray can application methods.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15019, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000]



Sec. 63.746  Standards: Depainting operations.

    (a) Applicability. Each owner or operator of a new or existing 
depainting operation subject to this subpart shall comply with the 
requirements in paragraphs (a)(1) through (a)(3) of this section, and 
with the requirements specified in paragraph (b) where there are no 
controls for organic HAP, or paragraph (c) where organic HAP are 
controlled using a control system. This section does not apply to an 
aerospace manufacturing or rework facility that depaints six or less 
completed aerospace vehicles in a calendar year.
    (1) The provisions of this section apply to the depainting of the 
outer surface areas of completed aerospace vehicles, including the 
fuselage, wings, and vertical and horizontal stabilizers of the 
aircraft, and the outer casing and stabilizers of missiles and rockets. 
These provisions do not apply to the depainting of parts or units 
normally removed from the aerospace vehicle for depainting. However, 
depainting of wings and stabilizers is always subject to the 
requirements of this section regardless of whether their removal is 
considered by the owner or operator to be normal practice for 
depainting.
    (2) Aerospace vehicles or components that are intended for public 
display, no longer operational, and not easily capable of being moved 
are exempt from the requirements of this section.
    (3) The following depainting operations are exempt from the 
requirements of this section:
    (i) Depainting of radomes; and
    (ii) Depainting of parts, subassemblies, and assemblies normally 
removed from the primary aircraft structure before depainting.
    (b)(1) HAP emissions--non-HAP chemical strippers and technologies. 
Except as provided in paragraphs (b)(2) and (b)(3) of this section, each 
owner or operator of a new or existing aerospace depainting operation 
subject to this subpart shall emit no organic HAP from chemical 
stripping formulations and agents or chemical paint softeners.
    (2) Where non-chemical based equipment is used to comply with 
paragraph (b)(1) of this section, either in total or in part, each owner 
or operator shall operate and maintain the equipment according to the 
manufacturer's specifications or locally prepared operating procedures. 
During periods of malfunctions of such equipment, each owner or operator 
may use substitute materials during the repair period provided the 
substitute materials used are those available that minimize organic HAP 
emissions. In no event shall substitute materials be used for more than 
15 days annually, unless such materials are organic HAP-free.
    (3) Each owner or operator of a new or existing depainting operation 
shall not, on an annual average basis, use more than 26 gallons of 
organic HAP-containing chemical strippers or alternatively 190 pounds of 
organic HAP per commercial aircraft depainted; or more than 50 gallons 
of organic HAP-containing chemical strippers or alternatively 365 pounds 
of organic HAP per military aircraft depainted for spot stripping and 
decal removal.
    (4) Each owner or operator of a new or existing depainting operation 
complying with paragraph (b)(2), that generates airborne inorganic HAP 
emissions from dry media blasting equipment, shall also comply with the 
requirements specified in paragraphs (b)(4)(i) through (b)(4)(v) of this 
section.
    (i) Perform the depainting operation in an enclosed area, unless a 
closed-cycle depainting system is used.
    (ii)(A) For existing sources pass any air stream removed from the 
enclosed area or closed-cycle depainting system

[[Page 190]]

through a dry particulate filter system, certified using the method 
described in Sec. 63.750(o) to meet or exceed the efficiency data 
points in Tables 1 and 2 of Sec. 63.745, through a baghouse, or through 
a waterwash system before exhausting it to the atmosphere.
    (B) For new sources pass any air stream removed from the enclosed 
area or closed-cycle depainting system through a dry particulate filter 
system certified using the method described in Sec. 63.750(o) to meet 
or exceed the efficiency data points in Tables 3 and 4 of Sec. 63.745 
or through a baghouse before exhausting it to the atmosphere.
    (c) Owners or operators of new sources that have commenced 
construction or reconstruction after June 6, 1994 but prior to October 
29, 1996 may comply with the following requirements in lieu of the 
requirements in paragraph (b)(4)(ii)(B) of this section:
    (1) Pass the air stream through either a two-stage dry particulate 
filter system or a waterwash system before exhausting it to the 
atmosphere.
    (2) If the coating being removed contains chromium or cadmium, 
control shall consist of a HEPA filter system, three-stage filter 
system, or other control system equivalent to the three-stage filter 
system as approved by the permitting agency.
    (iii) If a dry particulate filter system is used, the following 
requirements shall be met:
    (A) Maintain the system in good working order;
    (B) Install a differential pressure gauge across the filter banks;
    (C) Continuously monitor the pressure drop across the filter, and 
read and record the pressure drop once per shift; and
    (D) Take corrective action when the pressure drop exceeds or falls 
below the filter manufacturer's recommended limits.
    (iv) If a waterwash system is used, continuously monitor the water 
flow rate, and read and record the water flow rate once per shift.
    (v) If the pressure drop, as recorded pursuant to Sec. 
63.752(e)(7), is outside the limit(s) specified by the filter 
manufacturer or in locally prepared operating procedures, whichever is 
more stringent, shut down the operation immediately and take corrective 
action. If the water path in the waterwash system fails the visual 
continuity/flow characteristics check, as recorded pursuant to Sec. 
63.752(e)(7), or the water flow rate, as recorded pursuant to Sec. 
63.752(d)(2), exceeds the limit(s) specified by the booth manufacturer 
or in locally prepared operating procedures, or the booth manufacturer's 
or locally prepared maintenance procedures for the filter or waterwash 
system have not been performed as scheduled, shut down the operation 
immediately and take corrective action. The operation shall not be 
resumed until the pressure drop or water flow rate is returned within 
the specified limit(s).
    (5) Mechanical and hand sanding operations are exempt from the 
requirements in paragraph (b)(4) of this section.
    (c) Organic HAP emissions--organic HAP-containing chemical 
strippers. Each owner or operator of a new or existing organic HAP-
containing chemical stripper depainting operation subject to this 
subpart shall comply with the requirements specified in this paragraph.
    (1) All organic HAP emissions from the operation shall be reduced by 
the use of a control system. Each control system that was installed 
before the effective date shall reduce the operations' organic HAP 
emissions to the atmosphere by 81 percent or greater, taking into 
account capture and destruction or removal efficiencies.
    (2) Each control system installed on or after the effective date 
shall reduce organic HAP emissions to the atmosphere by 95 percent or 
greater. Reduction shall take into account capture and destruction or 
removal efficiencies, and may take into account the volume of chemical 
stripper used relative to baseline levels (e.g., the 95 percent 
efficiency may be achieved by controlling emissions at 81 percent 
efficiency with a control system and using 74 percent less stripper than 
in baseline applications). The baseline shall be calculated using data 
from 1996 and 1997, which shall be on a usage per aircraft or usage per 
square foot of surface basis.
    (3) The capture and destruction or removal efficiencies are to be 
determined

[[Page 191]]

using the procedures in Sec. 63.750(g) when a carbon adsorber is used 
and those in Sec. 63.750(h) when a control device other than a carbon 
adsorber is used.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15020, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998]



Sec. 63.747  Standards: Chemical milling maskant application operations.

    (a) Each owner or operator of a new or existing chemical milling 
maskant operation subject to this subpart shall comply with the 
requirements specified in paragraph (c) of this section for those 
chemical milling maskants that are uncontrolled (no control device is 
used to reduce organic HAP emissions from the operation) and in 
paragraph (d) of this section for those chemical milling maskants that 
are controlled (organic HAP emissions from the operation are reduced by 
the use of a control device).
    (b) Each owner or operator shall conduct the handling and transfer 
of chemical milling maskants to or from containers, tanks, vats, 
vessels, and piping systems in such a manner that minimizes spills.
    (c) Uncontrolled maskants--organic HAP and VOC content levels. Each 
owner or operator shall comply with the organic HAP and VOC content 
limits specified in paragraphs (c)(1) and (c)(2) of this section for 
each chemical milling maskant that is uncontrolled.
    (1) Organic HAP emissions from chemical milling maskants shall be 
limited to organic HAP content levels of no more than 622 grams of 
organic HAP per liter (5.2 lb/gal) of Type I chemical milling maskant 
(less water) as applied, and no more than 160 grams of organic HAP per 
liter (1.3 lb/gal) of Type II chemical milling maskant (less water) as 
applied.
    (2) VOC emissions from chemical milling maskants shall be limited to 
VOC content levels of no more than 622 grams of VOC per liter (5.2 lb/
gal) of Type I chemical milling maskant (less water and exempt solvents) 
as applied, and no more than 160 grams of VOC per liter (1.3 lb/gal) of 
Type II chemical milling maskant (less water and exempt solvents) as 
applied.
    (3) The requirements of paragraphs (c)(1) and (c)(2) of this section 
do not apply to the following:
    (i) Touch-up of scratched surfaces or damaged maskant; and
    (ii) Touch-up of trimmed edges.
    (d) Controlled maskants--control system requirements. Each control 
system shall reduce the operation's organic HAP and VOC emissions to the 
atmosphere by 81% or greater, taking into account capture and 
destruction or removal efficiencies, as determined using the procedures 
in Sec. 63.750(g) when a carbon adsorber is used and in Sec. 63.750(h) 
when a control device other than a carbon adsorber is used.
    (e) Compliance methods. Compliance with the organic HAP and VOC 
content limits specified in paragraphs (c)(1) and (c)(2) of this section 
may be accomplished by using the methods specified in paragraphs (e)(1) 
and (e)(2) of this section either by themselves or in conjunction with 
one another.
    (1) Use chemical milling maskants with HAP and VOC content levels 
equal to or less than the limits specified in paragraphs (c)(1) and 
(c)(2) of this section.
    (2) Use the averaging provisions described in Sec. 63.743(d).

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998]



Sec. 63.748  Standards: Handling and storage of waste.

    Except as provided in Sec. 63.741(e), the owner or operator of each 
facility subject to this subpart that produces a waste that contains HAP 
shall conduct the handling and transfer of the waste to or from 
containers, tanks, vats, vessels, and piping systems in such a manner 
that minimizes spills.



Sec. 63.749  Compliance dates and determinations.

    (a) Compliance dates. (1) Each owner or operator of an existing 
affected source subject to this subpart shall comply with the 
requirements of this subpart by September 1, 1998, except as specified 
in paragraph (a)(2) of this section. Owners or operators of new affected 
sources subject to this subpart shall comply on the effective date or 
upon startup, whichever is later. In addition, each owner or operator 
shall

[[Page 192]]

comply with the compliance dates specified in Sec. 63.6(b) and (c).
    (2) Owners or operators of existing primer or topcoat application 
operations and depainting operations who construct or reconstruct a 
spray booth or hangar must comply with the new source requirements for 
inorganic HAP specified in Sec. Sec. 63.745(g)(2)(ii) and 63.746(b)(4) 
for that new spray booth or hangar upon startup. Such sources must still 
comply with all other existing source requirements by September 1, 1998.
    (b) General. Each facility subject to this subpart shall be 
considered in noncompliance if the owner or operator fails to submit a 
startup, shutdown, and malfunction plan as required by Sec. 63.743(b) 
or uses a control device other than one specified in this subpart that 
has not been approved by the Administrator, as required by Sec. 
63.743(c).
    (c) Cleaning operations. Each cleaning operation subject to this 
subpart shall be considered in noncompliance if the owner or operator 
fails to institute and carry out the housekeeping measures required 
under Sec. 63.744(a). Incidental emissions resulting from the 
activation of pressure release vents and valves on enclosed cleaning 
systems are exempt from this paragraph.
    (1) Hand-wipe cleaning. An affected hand-wipe cleaning operation 
shall be considered in compliance when all hand-wipe cleaning solvents, 
excluding those used for hand cleaning of spray gun equipment under 
Sec. 63.744(c)(3), meet either the composition requirements specified 
in Sec. 63.744(b)(1) or the vapor pressure requirement specified in 
Sec. 63.744(b)(2).
    (2) Spray gun cleaning. An affected spray gun cleaning operation 
shall be considered in compliance when each of the following conditions 
is met:
    (i) One of the four techniques specified in Sec. 63.744 (c)(1) 
through (c)(4) is used;
    (ii) The technique selected is operated according to the procedures 
specified in Sec. 63.744 (c)(1) through (c)(4) as appropriate; and
    (iii) If an enclosed system is used, monthly visual inspections are 
conducted and any leak detected is repaired within 15 days after 
detection. If the leak is not repaired by the 15th day after detection, 
the solvent shall be removed and the enclosed cleaner shall be shut down 
until the cleaner is repaired or its use is permanently discontinued.
    (3) Flush cleaning. An affected flush cleaning operation shall be 
considered in compliance if the operating requirements specified in 
Sec. 63.744(d) are implemented and carried out.
    (d) Organic HAP and VOC content levels--primer and topcoat 
application operations--(1) Performance test periods. For uncontrolled 
coatings that are not averaged, each 24 hours is considered a 
performance test. For compliant and non-compliant coatings that are 
averaged together, each 30-day period is considered a performance test, 
unless the permitting agency specifies a shorter averaging period as 
part of an ambient ozone control program. When using a control device 
other than a carbon adsorber, three 1-hour runs constitute the test 
period for the initial and any subsequent performance test. When using a 
carbon adsorber, each rolling material balance period is considered a 
performance test.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in paragraph Sec. 63.745, unless a waiver is obtained under either 
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test 
shall be conducted according to the procedures and test methods 
specified in Sec. 63.7 and Sec. 63.750(g) for carbon adsorbers and in 
Sec. 63.750(h) for control devices other than carbon adsorbers. For 
carbon adsorbers, the initial performance test shall be used to 
establish the appropriate rolling material balance period for 
determining compliance. The procedures in paragraphs (d)(2)(i) through 
(d)(2)(vi) of this section shall be used in determining initial 
compliance with the provisions of this subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels pursuant to Sec. 63.750(g) (2) or (4), the test shall 
consist of three separate runs,

[[Page 193]]

each coinciding with one or more complete sequences through the 
adsorption cycles of all of the individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) The primer application operation is considered in compliance 
when the conditions specified in paragraphs (d)(3)(i) through (d)(3)(iv) 
of this section, as applicable, and in paragraph (e) of this section are 
met. Failure to meet any one of the conditions identified in these 
paragraphs shall constitute noncompliance.
    (i) For all uncontrolled primers, all values of Hi and 
Ha (as determined using the procedures specified in Sec. 
63.750 (c) and (d)) are less than or equal to 350 grams of organic HAP 
per liter (2.9 lb/gal) of primer (less water) as applied, and all values 
of Gi and Ga (as determined using the procedures 
specified in Sec. 63.750 (e) and (f)) are less than or equal to 350 
grams of organic VOC per liter (2.9 lb/gal) of primer (less water and 
exempt solvents) as applied.
    (ii) If a control device is used:
    (A) The overall control system efficiency, Ek, as 
determined using the procedures specified in Sec. 63.750(g) for control 
systems containing carbon adsorbers and in Sec. 63.750(h) for control 
systems with other control devices, is equal to or greater than 81% 
during the initial performance test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used, 
the average combustion temperature for all 3-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec. 63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion 
temperatures for all 3-hour periods are greater than or equal to the 
average combustion temperatures established under Sec. 63.751(b)(12).
    (iii)(A) Uses an application technique specified in Sec. 63.745 
(f)(1)(i) through (f)(1)(viii), or
    (B) Uses an alternative application technique, as allowed under 
Sec. 63.745(f)(1)(ix), such that the emissions of both organic HAP and 
VOC for the implementation period of the alternative application method 
are less than or equal to the emissions generated using HVLP or 
electrostatic spray application methods as determined using the 
procedures specified in Sec. 63.750(i).
    (iv) Operates all application techniques in accordance with the 
manufacturer's specifications or locally prepared operating procedures, 
whichever is more stringent.
    (4) The topcoat application operation is considered in compliance 
when the conditions specified in paragraphs (e)(4)(i) through (e)(4)(iv) 
of this section, as applicable, and in paragraph (f) of this section are 
met. Failure to meet any of the conditions identified in these 
paragraphs shall constitute noncompliance.
    (i) For all uncontrolled topcoats, all values of Hi and 
Ha(as determined using the procedures specified in Sec. 
63.750(c) and (d)) are less than or equal to 420 grams organic HAP per 
liter (3.5 lb/gal) of topcoat (less water) as applied, and all values of 
Gi and Ga (as determined using the procedures 
specified in Sec. 63.750(e) and (f)) are less than or equal to 420 
grams organic VOC per liter (3.5 lb/gal) of topcoat (less water and 
exempt solvents) as applied.
    (ii) If a control device is used,
    (A) The overall control system efficiency, Ek, as 
determined using the procedures specified in Sec. 63.750(g) for control 
systems containing carbon

[[Page 194]]

adsorbers and in Sec. 63.750(h) for control systems with other control 
devices, is equal to or greater than 81% during the initial performance 
test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used, 
the average combustion temperature for all 3-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec. 63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion 
temperatures for all 3-hour periods are greater than or equal to the 
average combustion temperatures established under Sec. 63.751(b)(12).
    (iii)(A) Uses an application technique specified in Sec. 63.745 
(f)(1)(i) through (f)(1)(viii); or
    (B) Uses an alternative application technique, as allowed under 
Sec. 63.745(f)(1)(ix), such that the emissions of both organic HAP and 
VOC for the implementation period of the alternative application method 
are less than or equal to the emissions generated using HVLP or 
electrostatic spray application methods as determined using the 
procedures specified in Sec. 63.750(i).
    (iv) Operates all application techniques in accordance with the 
manufacturer's specifications or locally prepared operating procedures.
    (e) Inorganic HAP emissions--primer and topcoat application 
operations. For each primer or topcoat application operation that emits 
inorganic HAP, the operation is in compliance when:
    (1) It is operated according to the requirements specified in Sec. 
63.745(g)(1) through (g)(3); and
    (2) It is shut down immediately whenever the pressure drop or water 
flow rate is outside the limit(s) established for them and is not 
restarted until the pressure drop or water flow rate is returned within 
these limit(s), as required under Sec. 63.745(g)(3).
    (f) Organic HAP emissions--Depainting operations--(1) Performance 
test periods. When using a control device other than a carbon adsorber, 
three 1-hour runs constitute the test period for the initial and any 
subsequent performance test. When a carbon adsorber is used, each 
rolling material balance period is considered a performance test. Each 
24-hour period is considered a performance test period for determining 
compliance with Sec. 63.746(b)(1). For uncontrolled organic emissions 
from depainting operations, each calendar year is considered a 
performance test period for determining compliance with the HAP limits 
for organic HAP-containing chemical strippers used for spot stripping 
and decal removal.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in Sec. 63.746(c), unless a waiver is obtained under either Sec. 
63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test shall be 
conducted according to the procedures and test methods specified in 
Sec. 63.7 and Sec. 63.750(g) for carbon adsorbers and in Sec. 
63.750(h) for control devices other than carbon adsorbers. For carbon 
adsorbers, the initial performance test shall be used to establish the 
appropriate rolling material balance period for determining compliance. 
The procedures in paragraphs (2)(i) through (2)(vi) of this section 
shall be used in determining initial compliance with the provisions of 
this subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels pursuant to Sec. 63.750(g)(2) or (4), the test shall 
consist of three separate runs, each coinciding with one or more 
complete sequences through the adsorption cycles of all of the 
individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.

[[Page 195]]

    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) An organic HAP-containing chemical stripper depainting operation 
is considered in compliance when the conditions specified in paragraph 
(g)(3)(i) of this section are met.
    (i) If a carbon adsorber (or other control device) is used, the 
overall control efficiency of the control system, as determined using 
the procedures specified in Sec. 63.750(g) (or other control device as 
determined using the procedures specified in Sec. 63.750(h)), is equal 
to or greater than 81% for control systems installed before the 
effective date, or equal to or greater than 95% for control systems 
installed on or after the effective date, during the initial performance 
test and all subsequent material balances (or performance tests, as 
appropriate).
    (ii) For non-HAP depainting operations complying with Sec. 
63.746(b)(1);
    (A) For any spot stripping and decal removal, the value of C, as 
determined using the procedures specified in Sec. 63.750(j), is less 
than or equal to 26 gallons of organic HAP-containing chemical stripper 
or 190 pounds of organic HAP per commercial aircraft depainted 
calculated on a yearly average; and is less than or equal to 50 gallons 
of organic HAP-containing chemical stripper or 365 pounds of organic HAP 
per military aircraft depainted calculated on a yearly average; and
    (B) The requirements of Sec. 63.746(b)(2) are carried out during 
malfunctions of non-chemical based equipment.
    (g) Inorganic HAP emissions--depainting operations. Each depainting 
operation is in compliance when:
    (1) The operating requirements specified in Sec. 63.746(b)(4) are 
followed; and
    (2) It is shut down immediately whenever the pressure drop or water 
flow rate is outside the limit(s) established for them and is not 
restarted until the pressure drop or water flow rate is returned within 
these limit(s), as required under Sec. 63.746(b)(4)(v).
    (h) Chemical milling maskant application operations--(1) Performance 
test periods. For uncontrolled chemical milling maskants that are not 
averaged, each 24-hour period is considered a performance test. For 
compliant and noncompliant chemical milling maskants that are averaged 
together, each 30-day period is considered a performance test, unless 
the permitting agency specifies a shorter period as part of an ambient 
ozone control program. When using a control device other than a carbon 
adsorber, three 1-hour runs constitute the test period for the initial 
and any subsequent performance test. When a carbon adsorber is used, 
each rolling material balance period is considered a performance test.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in Sec. 63.747(d), unless a waiver is obtained under either Sec. 
63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test shall be 
conducted according to the procedures and test methods specified in 
Sec. 63.7 and Sec. 63.750(g) for carbon adsorbers and in Sec. 
63.750(h) for control devices other than carbon adsorbers. For carbon 
adsorbers, the initial performance test shall be used to establish the 
appropriate rolling material balance period for determining compliance. 
The procedures in paragraphs (h)(2) (i) through (vi) of this section 
shall be used in determining initial compliance with the provisions of 
this subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels pursuant to Sec. 63.750(g) (2) or (4), the test shall 
consist of three separate runs, each coinciding with one or more 
complete sequences through the adsorption cycles of all of the 
individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the

[[Page 196]]

determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) The chemical milling maskant application operation is considered 
in compliance when the conditions specified in paragraphs (i)(3)(i) and 
(i)(3)(ii) of this section are met.
    (i) For all uncontrolled chemical milling maskants, all values of 
Hi and Ha (as determined using the procedures 
specified in Sec. 63.750 (k) and (l)) are less than or equal to 622 
grams of organic HAP per liter (5.2 lb/gal) of Type I chemical milling 
maskant as applied (less water), and 160 grams of organic HAP per liter 
(1.3 lb/gal) of Type II chemical milling maskant as applied (less 
water). All values of Gi and Ga (as determined 
using the procedures specified in Sec. 63.750 (m) and (n)) are less 
than or equal to 622 grams of VOC per liter (5.2 lb/gal) of Type I 
chemical milling maskant as applied (less water and exempt solvents), 
and 160 grams of VOC per liter (1.3 lb/gal) of Type II chemical milling 
maskant (less water and exempt solvents) as applied.
    (ii) If a carbon adsorber (or other control device) is used, the 
overall control efficiency of the control system, as determined using 
the procedures specified in Sec. 63.750(g) (or systems with other 
control devices as determined using the procedures specified in Sec. 
63.750(h)), is equal to or greater than 81% during the initial 
performance test period and all subsequent material balances (or 
performance tests, as appropriate).
    (i) Handling and storage of waste. For those wastes subject to this 
subpart, failure to comply with the requirements specified in Sec. 
63.748 shall be considered a violation.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998]



Sec. 63.750  Test methods and procedures.

    (a) Composition determination. Compliance with the hand-wipe 
cleaning solvent approved composition list specified in Sec. 
63.744(b)(1) for hand-wipe cleaning solvents shall be demonstrated using 
data supplied by the manufacturer of the cleaning solvent. The data 
shall identify all components of the cleaning solvent and shall 
demonstrate that one of the approved composition definitions is met.
    (b) Vapor pressure determination. The composite vapor pressure of 
hand-wipe cleaning solvents used in a cleaning operation subject to this 
subpart shall be determined as follows:
    (1) For single-component hand-wipe cleaning solvents, the vapor 
pressure shall be determined using MSDS or other manufacturer's data, 
standard engineering reference texts, or other equivalent methods.
    (2) The composite vapor pressure of a blended hand-wipe solvent 
shall be determined by quantifying the amount of each organic compound 
in the blend using manufacturer's supplied data or a gas chromatographic 
analysis in accordance with ASTM E 260-91 or 96 (incorporated by 
reference--see Sec. 63.14 of Subpart A of this part) and by calculating 
the composite vapor pressure of the solvent by summing the partial 
pressures of each component. The vapor pressure of each component shall 
be determined using manufacturer's data, standard engineering reference 
texts, or other equivalent methods. The following equation shall be used 
to determine the composite vapor pressure:
[GRAPHIC] [TIFF OMITTED] TR01SE98.000

where:


[[Page 197]]


Wi=Weight of the ``i''th VOC compound, grams.
Ww=Weight of water, grams.
We=Weight of non-HAP, nonVOC compound, grams.
MWi=Molecular weight of the ``i''th VOC compound, g/g-mole.
MWw=Molecular weight of water, g/g-mole.
MWe=Molecular weight of exempt compound, g/g-mole.
PPc=VOC composite partial pressure at 20 [deg]C, mm Hg.
VPi=Vapor pressure of the ``i''th VOC compound at 20 [deg]C, 
mm Hg.

    (c) Organic HAP content level determination--compliant primers and 
topcoats. For those uncontrolled primers and topcoats complying with the 
primer and topcoat organic HAP content limits specified in Sec. 
63.745(c) without being averaged, the following procedures shall be used 
to determine the mass of organic HAP emitted per volume of coating (less 
water) as applied.
    (1) For coatings that contain no exempt solvents, determine the 
total organic HAP content using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A, to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) For each coating formulation as applied, determine the organic 
HAP weight fraction, water weight fraction (if applicable), and density 
from manufacturer's data. If these values cannot be determined using the 
manufacturer's data, the owner or operator shall submit an alternative 
procedure for determining their values for approval by the 
Administrator. Recalculation is required only when a change occurs in 
the coating formulation.
    (3) For each coating as applied, calculate the mass of organic HAP 
emitted per volume of coating (lb/gal) less water as applied using 
equations 1, 2, and 3:
[GRAPHIC] [TIFF OMITTED] TR01SE95.004

where:

Vwi=volume (gal) of water in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
Wwi=weight fraction (expressed as a decimal) of water in 
coating i.
Dw=density of water, 8.33 lb/gal.
[GRAPHIC] [TIFF OMITTED] TR01SE95.005

where:

MHi=mass (lb) of organic HAP in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
WHi=weight fraction (expressed as a decimal) of organic HAP 
in coating i.
[GRAPHIC] [TIFF OMITTED] TR01SE95.006

where:

Hi=mass of organic HAP emitted per volume of coating i (lb/
gal) less water as applied.
MHi=mass (lb) of organic HAP in one gal of coating i.
Vwi=volume (gal) of water in one gal of coating i.

    (d) Organic HAP content level determination--averaged primers and 
topcoats. For those uncontrolled primers and topcoats that are averaged 
together in order to comply with the primer and topcoat organic HAP 
content limits specified in Sec. 63.745(c), the following procedure 
shall be used to determine the monthly volume-weighted average mass of 
organic HAP emitted per volume of coating (less water) as applied, 
unless the permitting agency specifies a shorter averaging period as 
part of an ambient ozone control program.
    (1)(i) Determine the total organic HAP weight fraction as applied of 
each coating. If any ingredients, including diluent solvent, are added 
to a coating prior to its application, the organic HAP weight fraction 
of the coating shall be determined at a time and location in the process 
after all ingredients have been added.

[[Page 198]]

    (ii) Determine the total organic HAP weight fraction of each coating 
as applied each month.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the organic HAP content of the coating, the value previously determined 
may continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the organic HAP content of the coating, the total 
organic HAP weight fraction of the coating shall be redetermined.
    (iii) Manufacturer's formulation data may be used to determine the 
total organic HAP content of each coating and any ingredients added to 
the coating prior to its application. If the total organic HAP content 
cannot be determined using the manufacturer's data, the owner or 
operator shall submit an alternative procedure for determining the total 
organic HAP weight fraction for approval by the Administrator.
    (2)(i) Determine the volume both in total gallons as applied and in 
total gallons (less water) as applied of each coating. If any 
ingredients, including diluent solvents, are added prior to its 
application, the volume of each coating shall be determined at a time 
and location in the process after all ingredients (including any diluent 
solvent) have been added.
    (ii) Determine the volume of each coating (less water) as applied 
each month, unless the permitting agency specifies a shorter period as 
part of an ambient ozone control program.
    (iii) The volume applied may be determined from company records.
    (3)(i) Determine the density of each coating as applied. If any 
ingredients, including diluent solvent, are added to a coating prior to 
its application, the density of the coating shall be determined at a 
time and location in the process after all ingredients have been added.
    (ii) Determine the density of each coating as applied each month, 
unless the permitting agency specifies a shorter period as part of an 
ambient ozone control program.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the density of the coating, then the value previously determined may 
continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the density of the coating, then the density of 
the coating shall be redetermined.
    (iii) The density may be determined from company records, including 
manufacturer's data sheets. If the density of the coating cannot be 
determined using the company's records, including the manufacturer's 
data, then the owner or operator shall submit an alternative procedure 
for determining the density for approval by the Administrator.
    (4) Calculate the total volume in gallons as applied (less water) by 
summing the individual volumes of each coating (less water) as applied, 
which were determined under paragraph (d)(2) of this section.
    (5) Calculate the volume-weighted average mass of organic HAP in 
coatings emitted per unit volume (lb/gal) of coating (less water) as 
applied during each 30-day period using equation 4:
[GRAPHIC] [TIFF OMITTED] TR01SE95.007

where:

Ha=volume-weighted average mass of organic HAP emitted per 
unit volume of coating (lb/gal) (less water) as applied during each 30-
day period for those coatings being averaged.
n=number of coatings being averaged.
WHi=weight fraction (expressed as a decimal) of organic HAP 
in coating i as applied that is being averaged during each 30-day 
period.

[[Page 199]]

Dci=density (lb of coating per gal of coating) of coating i 
as applied that is being averaged during each 30-day period.
Vci=volume (gal) of coating i as applied that is being 
averaged during the 30-day period.
Clw=total volume (gal) of all coatings (less water) as 
applied that are being averaged during each 30-day period.

    (e) VOC content level determination--compliant primers and topcoats. 
For those uncontrolled primers and topcoats complying with the primer 
and topcoat VOC content levels specified in Sec. 63.745(c) without 
being averaged, the following procedure shall be used to determine the 
mass of VOC emitted per volume of coating (less water and exempt 
solvents) as applied.
    (1) Determine the VOC content of each formulation (less water and 
exempt solvents) as applied using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A, to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) For each coating applied, calculate the mass of VOC emitted per 
volume of coating (lb/gal) (less water and exempt solvents) as applied 
using equations 5, 6, and 7:
[GRAPHIC] [TIFF OMITTED] TR01SE95.008

where:

Vwi=volume (gal) of water in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
Wwi=weight fraction (expressed as a decimal) of water in 
coating i.
Dw=density of water, 8.33 lb/gal.
[GRAPHIC] [TIFF OMITTED] TR01SE95.009

where:

MVi=mass (lb) of VOC in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
WVi=weight fraction (expressed as a decimal) of VOC in 
coating i.
[GRAPHIC] [TIFF OMITTED] TR27MR98.002

where:

Gi=mass of VOC emitted per volume of coating i (lb/gal) (less 
water and exempt solvents) as applied.
MVi=mass (lb) of VOC in one gal of coating i.
Vwi=volume (gal) of water in one gal of coating i.
VXi=volume (gal) of exempt solvents in one gal of coating i.

    (3)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, compliance shall be based, 
except as provided in paragraph (e)(3)(ii) of this section, upon the VOC 
content obtained using EPA Method 24.
    (ii) If the VOC content of a coating obtained using Method 24 would 
indicate noncompliance as determined under either Sec. 63.749 (d)(3)(i) 
or (d)(4)(i), an owner or operator may elect to average the coating with 
other uncontrolled coatings and (re)calculate Gi (using the 
procedure specified in paragraph (f) of this section), provided 
appropriate and sufficient records were maintained for all coatings 
included in the average (re)calculation. The (re)calculated value of 
Gi (Ga in paragraph (f)) for the averaged coatings 
shall then be used to determine compliance.
    (f) VOC content level determination--averaged primers and topcoats. 
For those uncontrolled primers and topcoats that are averaged within 
their respective coating category in order to comply with the primer and 
topcoat VOC content limits specified in Sec. 63.745 (c)(2) and (c)(4), 
the following procedure shall be used to determine the monthly volume-
weighted average mass of VOC emitted per volume of coating (less water 
and exempt solvents) as applied, unless the permitting agency specifies 
a shorter averaging period as part of an ambient ozone control program.

[[Page 200]]

    (1)(i) Determine the VOC content (lb/gal) as applied of each 
coating. If any ingredients, including diluent solvent, are added to a 
coating prior to its application, the VOC content of the coating shall 
be determined at a time and location in the process after all 
ingredients have been added.
    (ii) Determine the VOC content of each coating as applied each 
month, unless the permitting agency specifies a shorter period as part 
of an ambient ozone control program.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the VOC content of the coating, the value previously determined may 
continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the VOC content of the coating, the VOC content 
of the coating shall be redetermined.
    (iii) Determine the VOC content of each primer and topcoat 
formulation (less water and exempt solvents) as applied using EPA Method 
24 or from manufacturer's data.
    (2)(i) Determine the volume both in total gallons as applied and in 
total gallons (less water and exempt solvents) as applied of each 
coating. If any ingredients, including diluent solvents, are added prior 
to its application, the volume of each coating shall be determined at a 
time and location in the process after all ingredients (including any 
diluent solvent) have been added.
    (ii) Determine the volume of each coating (less water and exempt 
solvents) as applied each day.
    (iii) The volume applied may be determined from company records.
    (3) Calculate the total volume in gallons (less water and exempt 
solvents) as applied by summing the individual volumes of each coating 
(less water and exempt solvents) as applied, which were determined under 
paragraph (f)(2) of this section.
    (4) Calculate the volume-weighted average mass of VOC emitted per 
unit volume (lb/gal) of coating (less water and exempt solvents) as 
applied for each coating category during each 30-day period using 
equation 8:
[GRAPHIC] [TIFF OMITTED] TR01SE95.011

where:

Ga=volume weighted average mass of VOC per unit volume of 
coating (lb/gal) (less water and exempt solvents) as applied during each 
30-day period for those coatings being averaged.
n=number of coatings being averaged.
(VOC)ci=VOC content (lb/gal) of coating i (less water and 
exempt solvents) as applied (as determined using the procedures 
specified in paragraph (f)(1) of this section) that is being averaged 
during the 30-day period.
Vci=volume (gal) of coating i (less water and exempt 
solvents) as applied that is being averaged during the 30-day period.
Clwes=total volume (gal) of all coatings (less water and 
exempt solvents) as applied during each 30-day period for those coatings 
being averaged.

    (5)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, recalculation of Ga 
is required using the new value. If more than one coating is involved, 
the recalculation shall be made once using all of the new values.
    (ii) If recalculation is required, an owner or operator may elect to 
include in the recalculation of Ga uncontrolled coatings that 
were not previously included provided appropriate and sufficient records 
were maintained for these other coatings to allow daily recalculations.
    (iii) The recalculated value of Ga under either paragraph 
(f)(5)(i) or (f)(5)(ii) of this section shall be used to determine 
compliance.
    (g) Overall VOC and/or organic HAP control efficiency--carbon 
adsorber. Each owner or operator subject to the requirements of Sec. 
63.745(d), Sec. 63.746(c), or Sec. 63.747(d) shall demonstrate initial 
compliance with the requirements of this subpart by following the 
procedures of paragraph (g)(1), (2), (3), (4), or

[[Page 201]]

(5) as applicable and paragraphs (6), (7), and (8) of this section. When 
an initial compliance demonstration is required by this subpart, the 
procedures in paragraphs (g)(9) through (g)(14) of this section shall be 
used in determining initial compliance with the provisions of this 
subpart.
    (1) To demonstrate initial and continuous compliance with Sec. 
63.745(d), Sec. 63.746(c), or Sec. 63.747(d) when emissions are 
controlled by a dedicated solvent recovery device, each owner or 
operator of the affected operation may perform a liquid-liquid HAP or 
VOC material balance over rolling 7- to 30-day periods in lieu of 
demonstrating compliance through the methods in paragraph (g)(2), 
(g)(3), or (g)(4) of this section. Results of the material balance 
calculations performed to demonstrate initial compliance shall be 
submitted to the Administrator with the notification of compliance 
status required by Sec. 63.9(h) and by Sec. 63.753 (c)(1)(iv), 
(d)(3)(i), and (e)(3). When demonstrating compliance by this procedure, 
Sec. 63.7(e)(3) of subpart A does not apply. The amount of liquid HAP 
or VOC applied and recovered shall be determined as discussed in 
paragraph (g)(1)(iii) of this section. The overall HAP or VOC emission 
reduction (R) is calculated using equation 9:
[GRAPHIC] [TIFF OMITTED] TR01SE95.012

    (i) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured RSi value that is greater than zero:
    (A) Measurement techniques; and
    (B) Documentation that the measured value of RSi exceeds 
zero.
    (ii) The measurement techniques of paragraph (g)(1)(i)(A) of this 
section shall be submitted to the Administrator for approval with the 
notification of performance test required under Sec. 63.7(b).
    (iii) Each owner or operator demonstrating compliance by the test 
method described in paragraph (g)(1) of this section shall:
    (A) Measure the amount of coating or stripper as applied;
    (B) Determine the VOC or HAP content of all coating and stripper 
applied using the test method specified in Sec. 63.750(c) (1) through 
(3) or (e) (1) and (2) of this section;
    (C) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the amount of HAP 
or VOC recovered by the solvent recovery device over rolling 7- to 30-
day periods; the device shall be certified by the manufacturer to be 
accurate to within 2.0 percent, and this 
certification shall be kept on record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for 
rolling 7- to 30-day periods using equation 9.
    (F) Compliance is demonstrated if the value of R is equal to or 
greater than the overall HAP control efficiencies required by Sec. 
63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (2) To demonstrate initial compliance with Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d) when affected HAP emission points are 
controlled by an emission control device other than a fixed-bed carbon 
adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP or VOC emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 63.750(g) (9) through (14).
    (ii) Determine capture efficiency from the HAP emission points by 
capturing, venting, and measuring all HAP emissions from the HAP 
emission points. During a performance test, the owner or operator of 
affected HAP emission points located in an area with other gaseous 
emission sources not affected by this subpart shall isolate the affected 
HAP emission points from all other gaseous emission points by one of the 
following methods:

[[Page 202]]

    (A) Build a temporary total enclosure around the affected HAP 
emission point(s); or
    (B) Shut down all gaseous emission points not affected by this 
subpart and continue to exhaust fugitive emissions from the affected HAP 
emission points through any building ventilation system and other room 
exhausts such as drying ovens. All ventilation air must be vented 
through stacks suitable for testing.
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating.
    (iv) Determine the efficiency (E) of the control device using 
equation 10:
    (v) Determine the efficiency (F) of the capture system using 
equation 11:
[GRAPHIC] [TIFF OMITTED] TR01SE95.013

    (vi) For each HAP emission point subject to Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d), compliance is demonstrated if the product 
of (E) x (F) is equal to or greater than the overall HAP control 
efficiencies required under Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d).
    (3) To demonstrate compliance with Sec. 63.745(d), Sec. 63.746(c), 
or Sec. 63.747(d) when affected HAP emission points are controlled by a 
fixed-bed carbon adsorption system with individual exhaust stacks for 
each carbon adsorber vessel, each owner or operator of an affected 
source shall perform a gaseous emission test using the following 
procedures:
    (i) Construct the overall HAP emission reduction system so that each 
volumetric flow rate and the total HAP emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 63.750(g) (9) through (14);
    (ii) Assure that all HAP emissions from the affected HAP emission 
point(s) are segregated from gaseous emission points not affected by 
this subpart and that the emissions can be captured for measurement, as 
described in paragraphs (g)(2)(ii) (A) and (B) of this section;
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating;
    (iv) Determine the efficiency (Hv) of each individual 
carbon adsorber vessel (v) using equation 12:
[GRAPHIC] [TIFF OMITTED] TR01SE95.014

    (v) Determine the efficiency of the carbon adsorption system 
(Hsys) by computing the average efficiency of the individual 
carbon adsorber vessels as weighted by the volumetric flow rate 
(Qhv) of each individual carbon adsorber vessel (v) using 
equation 13:
[GRAPHIC] [TIFF OMITTED] TR01SE95.015

    (vi) Determine the efficiency (F) of the capture system using 
equation 11.
    (vii) For each HAP emission point subject to Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d), compliance is demonstrated if the product 
of (Hsys) x (F) is equal to or greater than the overall HAP 
control efficiency required by Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d).
    (4) An alternative method of demonstrating compliance with Sec. 
63.745(d), Sec. 63.746(c), or Sec. 63.747(d) is the installation of a 
total enclosure around the affected HAP emission point(s) and the 
ventilation of all HAP emissions from the total enclosure to a control 
device with the efficiency specified in paragraph (g)(4)(iii) of this 
section. If this method is selected, the compliance test methods 
described in paragraphs (g)(1), (g)(2), and (g)(3) of this section are 
not required. Instead, each owner or operator of an affected source 
shall:

[[Page 203]]

    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in paragraphs (g)(4)(i) (A) through (D) of 
this section shall be considered a total enclosure. The owner or 
operator of an enclosure that does not meet these requirements may apply 
to the Administrator for approval of the enclosure as a total enclosure 
on a case-by-case basis. The enclosure shall be considered a total 
enclosure if it is demonstrated to the satisfaction of the Administrator 
that all HAP emissions from the affected HAP emission point(s) are 
contained and vented to the control device. The requirements for 
automatic approval are as follows:
    (A) The total area of all natural draft openings shall not exceed 5% 
of the total surface area of the total enclosure's walls, floor, and 
ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum 
of four equivalent diameters away from each natural draft opening;
    (C) The average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods and procedures specified in Sec. 
63.750(g) (10) and (11); volumetric flow rates shall be calculated 
without the adjustment normally made for moisture content; and
    (2) Determine FV by equation 14:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.016
    
    (D) The air passing through all natural draft openings shall flow 
into the enclosure continuously. If FV is less than or equal to 9,000 
meters per hour, the continuous inward flow of air shall be verified by 
continuous observation using smoke tubes, streamers, tracer gases, or 
other means approved by the Administrator over the period that the 
volumetric flow rate tests required to determine FV are carried out. If 
FV is greater than 9,000 meters per hour, the direction of airflow 
through the natural draft openings shall be presumed to be inward at all 
times without verification.
    (ii) Determine the control device efficiency using equation 10 or 
equations 12 and 13, as applicable, and the test methods and procedures 
specified in Sec. 63.750(g) (9) through (14).
    (iii) Compliance shall be achieved if the installation of a total 
enclosure is demonstrated and the value of E determined from equation 10 
(or the value of Hsys determined from equations 12 and 13, as 
applicable) is equal to or greater than the overall HAP control 
efficiencies required under Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d).
    (5) When nonregenerative carbon adsorbers are used to comply with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), the owner or 
operator may conduct a design evaluation to demonstrate initial 
compliance in lieu of following the compliance test procedures of 
paragraphs (g)(1), (2), (3), and (4) of this section. The design 
evaluation shall consider the vent stream composition, component 
concentrations, flow rate, 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 the emission point operating schedule.
    (6)(i) To demonstrate initial compliance with Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d) when hard piping or ductwork is used to 
direct VOC and HAP emissions from a VOC and HAP source to the control 
device, each owner or operator shall demonstrate upon inspection that 
the criteria of paragraph (g)(6)(i)(A) and paragraph (g)(6)(i) (B) or 
(C) of this section VR/FD are met.
    (A) The equipment shall be vented to a control device.
    (B) The control device efficiency (E or Hsys, as 
applicable) determined using equation 10 or equations 12 and 13, 
respectively, and the test methods and procedures specified in Sec. 
63.750(g) (9)

[[Page 204]]

through (14), shall be equal to or greater than the overall HAP control 
efficiency required by Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d).
    (C) When a nonregenerative carbon adsorber is used, the ductwork 
from the affected emission point(s) shall be vented to the control 
device and the carbon adsorber shall be demonstrated, through the 
procedures of Sec. 63.750(g) (1), (2), (3), (4), or (5), to meet the 
requirements of Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (7) Startups and shutdowns are normal operation for this source 
category. Emissions from these activities are to be included when 
determining if the standards specified in Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d) are being attained.
    (8) An owner or operator who uses compliance techniques other than 
those specified in this subpart shall submit a description of those 
compliance procedures, subject to the Administrator's approval, in 
accordance with Sec. 63.7(f) of subpart A.
    (9) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, 
as appropriate to the conditions at the site, shall be used to determine 
VOC and HAP concentration of air exhaust streams as required by Sec. 
63.750(g) (1) through (6). The owner or operator shall submit notice of 
the intended test method to the Administrator for approval along with 
the notification of the performance test required under Sec. 63.7(b). 
Method selection shall be based on consideration of the diversity of 
organic species present and their total concentration and on 
consideration of the potential presence of interfering gases. Except as 
indicated in paragraphs (g)(9) (i) and (ii) of this section, the test 
shall consist of three separate runs, each lasting a minimum of 30 
minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with a common exhaust stack for all the individual carbon adsorber 
vessels pursuant to paragraph (g) (2) or (4) of this section, the test 
shall consist of three separate runs, each coinciding with one or more 
complete sequences through the adsorption cycles of all of the 
individual carbon adsorber vessels.
    (ii) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with individual exhaust stacks for each carbon adsorber vessel 
pursuant to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel 
shall be tested individually. The test for each carbon adsorber vessel 
shall consist of three separate runs. Each run shall coincide with one 
or more complete adsorption cycles.
    (10) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (11) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (12) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (13) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (14) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (h) Overall VOC and/or organic HAP control efficiency--control 
devices other than carbon adsorbers. Calculate the overall control 
efficiency of a control system with a control device other than a carbon 
adsorber using the following procedure.
    (1) Calculate the overall control efficiency using equation 15:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.017
    
where:

Ek=overall VOC and/or organic HAP control efficiency 
(expressed as a decimal) of control system k.
Rk=destruction or removal efficiency (expressed as a decimal) 
of total organic compounds or total organic HAP for control device k as 
determined under paragraph (h)(2) of this section.
Fk=capture efficiency (expressed as a decimal) of capture 
system k as determined under paragraph (h)(3) of this section.

    (2) The organic HAP destruction or removal efficiency Rk 
of a control device other than a carbon adsorber shall be determined 
using the procedures described below. The destruction efficiency may be 
measured as either total organic HAP or as TOC minus methane and ethane 
according to these procedures.

[[Page 205]]

    (i) Use Method 1 or 1A of 40 CFR part 60, appendix A, as 
appropriate, to select the sampling sites.
    (ii) Determine the gas volumetric flow rate using Method 2, 2A, 2C, 
or 2D of 40 CFR part 60, appendix A, as appropriate.
    (iii) Use Method 18 of 40 CFR part 60, appendix A, to measure either 
TOC minus methane and ethane or total organic HAP. Alternatively, any 
other method or data that have been validated according to the 
applicable procedures in Method 301 of this part may be used.
    (iv) Use the following procedure to calculate the destruction or 
removal efficiency:
    (A) The destruction or removal efficiency test shall consist of 
three runs. 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, the samples shall be taken at 
approximately equal intervals in time such as 15-minute intervals during 
the run.
    (B) Calculate the mass rate of either TOC (minus methane and ethane) 
or total organic HAP (Ei, Eo using equations 16 
and 17:
[GRAPHIC] [TIFF OMITTED] TR01SE95.018

where:

Ei, Eo=mass rate of TOC (minus methane and ethane) 
or total organic HAP at the inlet and outlet of the control device, 
respectively, dry basis, kg/hr.
K2=constant, 2.494x10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature for (gram-mole per 
standard cubic meter) is 20 [deg]C.
n=number of sample components in the gas stream.
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.
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.

    (1) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by EPA Method 18 shall be 
summed using equation 16 in paragraph (h)(2)(iv)(B) of this section.
    (2) Where the mass rate of total organic HAP is being calculated, 
only the organic HAP species shall be summed using equation 17 in 
paragraph (h)(2)(iv)(B) of this section. The list of organic HAP is 
provided in Sec. 63.104 of subpart F of this part.
    (C) Calculate the destruction or removal efficiency for TOC (minus 
methane and ethane) or total organic HAP using equation 18:
[GRAPHIC] [TIFF OMITTED] TR01SE95.019

where:

R=destruction or removal efficiency of control device, percent.
Ei=mass rate of TOC (minus methane and ethane) or total 
organic HAP at the inlet to the control device as calculated under 
paragraph (h)(2)(iv)(B) of this section, kg TOC per hour or kg organic 
HAP per hour.
Eo=mass rate of TOC (minus methane and ethane) or total 
organic HAP at the outlet of the control device, as calculated under 
paragraph (h)(2)(iv)(B) of this section, kg TOC per hour or kg organic 
HAP per hour.

    (3) Determine the capture efficiency Fk of each capture 
system to which organic HAP and VOC emissions from coating operations 
are vented. The capture efficiency value shall be determined using 
Procedure T--Criteria for and Verification of a Permanent or Temporary 
Total Enclosure as found in appendix B to Sec. 52.741 of part 52 of 
this chapter for total enclosures, and the capture efficiency protocol 
specified in Sec. 52.741(a)(4)(iii) of part 52 of this chapter for all 
other enclosures.
    (i)(1) Alternative application method--primers and topcoats. Each 
owner or operator seeking to use an alternative application method (as 
allowed in Sec. 63.745(f)(1)(ix)) in complying with the

[[Page 206]]

standards for primers and topcoats shall use the procedures specified in 
paragraphs (i)(2)(i) and (i)(2)(ii) or (i)(2)(iii) of this section to 
determine the organic HAP and VOC emission levels of the alternative 
application technique as compared to either HVLP or electrostatic spray 
application methods.
    (2)(i) For the process or processes for which the alternative 
application method is to be used, the total organic HAP and VOC 
emissions shall be determined for an initial 30-day period, the period 
of time required to apply coating to five completely assembled aircraft, 
or a time period approved by the permitting agency. During this initial 
period, only HVLP or electrostatic spray application methods shall be 
used. The emissions shall be determined based on the volumes, organic 
HAP contents (less water), and VOC contents (less water and exempt 
solvents) of the coatings as applied.
    (ii) Upon implementation of the alternative application method, use 
the alternative application method in production on actual production 
parts or assemblies for a period of time sufficient to coat an 
equivalent amount of parts and assemblies with coatings identical to 
those used in the initial 30-day period. The actual organic HAP and VOC 
emissions shall be calculated for this post-implementation period.
    (iii) Test the proposed application method against either HVLP or 
electrostatic spray application methods in a laboratory or pilot 
production area, using parts and coatings representative of the 
process(es) where the alternative method is to be used. The laboratory 
test will use the same part configuration(s) and the same number of 
parts for both the proposed method and the HVLP or electrostatic spray 
application methods.
    (iv) Whenever the approach in either paragraph (i)(2)(ii) or 
(i)(2)(iii) of this section is used, the owner or operator shall 
calculate both the organic HAP and VOC emission reduction using 
equation:
[GRAPHIC] [TIFF OMITTED] TR01SE98.001

where:

P=organic HAP or VOC emission reduction, percent.
Eb=organic HAP or VOC emissions, in pounds, before the 
alternative application technique was implemented, as determined under 
paragraph (i)(2)(i) of this section.
Ea=organic HAP of VOC emissions, in pounds, after the 
alternative application technique was implemented, as determined under 
paragraph (i)(2)(ii) of this section.

    (3) Each owner or operator seeking to demonstrate that an 
alternative application method achieves emission reductions equivalent 
to HVLP or electrostatic spray application methods shall comply with the 
following:
    (i) Each coating shall be applied such that the dried film thickness 
is within the range specified by the applicable specification(s) for the 
aerospace vehicle or component being coated.
    (ii) If no such dried film thickness specification(s) exists, the 
owner or operator shall ensure that the dried film thickness applied 
during the initial 30-day period is equivalent to the dried film 
thickness applied during the alternative application method test period 
for similar aerospace vehicles or components.
    (iii) Failure to comply with these dried film thickness requirements 
shall invalidate the test results obtained under paragraph (i)(2)(i) of 
this section.
    (j) Spot stripping and decal removal. Each owner or operator seeking 
to comply with Sec. 63.746(b)(3) shall determine the volume of organic 
HAP-containing chemical strippers or alternatively the weight of organic 
HAP used per aircraft using the procedure specified in paragraphs (j)(1) 
through (j)(3) of this section.
    (1) For each chemical stripper used for spot stripping and decal 
removal, determine for each annual period the total volume as applied or 
the total weight of organic HAP using the procedure specified in 
paragraph (d)(2) of this section.
    (2) Determine the total number of aircraft for which depainting 
operations began during the annual period as determined from company 
records.
    (3) Calculate the annual average volume of organic HAP-containing 
chemical stripper or weight of organic HAP used for spot stripping and 
decal removal per aircraft using equation 20 (volume) or equation 21 
(weight):

[[Page 207]]

[GRAPHIC] [TIFF OMITTED] TR27MR98.004

where:

C=annual average volume (gal per aircraft) of organic HAP-containing 
chemical stripper used for spot stripping and decal removal.
n=number of organic HAP-containing chemical strippers used in the annual 
period.
Vsi=volume (gal) of organic HAP-containing chemical stripper 
(i) used during the annual period.
A=number of aircraft for which depainting operations began during the 
annual period.
[GRAPHIC] [TIFF OMITTED] TR27MR98.005

where:

C = annual average weight (lb per aircraft) of organic HAP (chemical 
stripper) used for spot stripping and decal removal.
m = number of organic HAP contained in each chemical stripper, as 
applied.
n = number of organic HAP-containing chemical strippers used in the 
annual period.
Whi = weight fraction (expressed as a decimal) of each 
organic HAP (i) contained in the chemical stripper, as applied, for each 
aircraft depainted.
Dhi = density (lb/gal) of each organic HAP-containing 
chemical stripper (i), used in the annual period.
Vsi = volume (gal) of organic HAP-containing chemical 
stripper (i) used during the annual period.
A = number of aircraft for which depainting operations began during the 
annual period.

    (k) Organic HAP content level determination--compliant chemical 
milling maskants. For those uncontrolled chemical milling maskants 
complying with the chemical milling maskant organic HAP content limit 
specified in Sec. 63.747(c)(1) without being averaged, the following 
procedures shall be used to determine the mass of organic HAP emitted 
per unit volume of coating (chemical milling maskant) i as applied (less 
water), Hi (lb/gal).
    (1) For coatings that contain no exempt solvents, determine the 
total organic HAP content using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) [Reserved]
    (l) Organic HAP content level determination--averaged chemical 
milling maskants. For those uncontrolled chemical milling maskants that 
are averaged together in order to comply with the chemical milling 
maskant organic HAP content level specified in Sec. 63.747(c)(1), the 
procedure specified in paragraphs (l)(1) through (l)(4) of this section 
shall be used to determine the monthly volume-weighted average mass of 
organic HAP emitted per volume of chemical milling maskant (less water) 
as applied, unless the permitting agency specifies a shorter averaging 
period as part of an ambient ozone control program.
    (1) Determine the total organic HAP weight fraction as applied of 
each chemical milling maskant used during each 30-day period using the 
procedure specified in paragraph (d)(1) of this section.
    (2) Determine for each 30-day period:
    (i) The individual volume of each chemical milling maskant applied 
in terms of total gallons (less water) (using the procedure specified in 
paragraph (d)(2) of this section), and
    (ii) The total volume in gallons of all chemical milling maskants 
(less water) as applied by summing the individual volumes of each 
chemical milling maskant as applied (less water).
    (3) Determine the density of each chemical milling maskant as 
applied used during each 30-day period using the procedure specified in 
paragraph (d)(3) of this section.
    (4) Calculate the volume-weighted average mass of organic HAP 
emitted

[[Page 208]]

per unit volume (lb/gal) of chemical milling maskant (less water) as 
applied for all chemical milling maskants during each 30-day period 
using equation 22:
[GRAPHIC] [TIFF OMITTED] TR27MR98.006

where:

Ha=volume-weighted mass of organic HAP emitted per unit 
volume of chemical milling maskants (lb/gal) (less water) as applied 
during each 30-day period for those chemical milling maskants being 
averaged.
n=number of chemical milling maskants being averaged.
WHi=weight fraction (expressed as a decimal) of organic HAP 
in chemical milling maskant i (less water) as applied during each 30-day 
period that is averaged.
Dmi=density (lb chemical milling maskant per gal coating) of 
chemical milling maskant i as applied during each 30-day period that is 
averaged.
Vmi=volume (gal) of chemical milling maskant i (less water) 
as applied during the 30-day period that is averaged.
Mlw=total volume (gal) of all chemical milling maskants (less 
water) as applied during each 30-day period that is averaged.

    (m) VOC content level determination--compliant chemical milling 
maskants. For those uncontrolled chemical milling maskants complying 
with the chemical milling maskant VOC content limit specified in Sec. 
63.747(c)(2) without being averaged, the procedure specified in 
paragraphs (m)(1) and (m)(2) of this section shall be used to determine 
the mass of VOC emitted per volume of chemical milling maskant (less 
water and exempt solvents) as applied.
    (1) Determine the mass of VOC emitted per unit volume of chemical 
milling maskant (lb/gal) (less water and exempt solvents) as applied, 
Gi, for each chemical milling maskant using the procedures 
specified in paragraphs (e)(1) and (e)(2) of this section.
    (2)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Gi, compliance shall be based, 
except as provided in paragraph (m)(2)(ii) of this section, upon the VOC 
content obtained using EPA Method 24.
    (ii) If the VOC content of a chemical milling maskant obtained using 
EPA Method 24 would indicate noncompliance as determined under Sec. 
63.749(h)(3)(i), an owner or operator may elect to average the chemical 
milling maskant with other uncontrolled chemical milling maskants and 
(re)calculate Ga (using the procedure specified in paragraph 
(n) of this section), provided appropriate and sufficient records were 
maintained for all chemical milling maskants included in the average 
recalculation. The (re)calculated value of Ga for the 
averaged chemical milling maskants shall then be used to determine 
compliance.
    (n) VOC content level determination--averaged chemical milling 
maskants. For those uncontrolled chemical milling maskants that are 
averaged together in order to comply with the chemical milling maskant 
VOC content limit specified in Sec. 63.747(c)(2), the procedure 
specified in paragraphs (n)(1) through (n)(4) of this section shall be 
used to determine the monthly volume-weighted average mass of VOC 
emitted per volume of chemical milling maskant (less water and exempt 
solvents) as applied, unless the permitting agency specifies a shorter 
averaging period as part of an ambient ozone control program.
    (1) Determine the VOC content of each chemical milling maskant (less 
water and exempt solvents) as applied used during each 30-day period 
using the procedure specified in paragraph (f)(1) of this section.
    (2)(i) Determine the individual volume of each chemical milling 
maskant applied in terms of total gallons (less water and exempt 
solvents) using the procedure specified in paragraph (f)(2) of this 
section, and
    (ii) Calculate the total volume in gallons of all chemical milling 
maskants (less water and exempt solvents) as applied by summing the 
individual volumes of each chemical milling maskant (less water and 
exempt solvents) as applied.
    (3) Calculate the volume-weighted average mass of VOC emitted per 
unit volume (lb/gal) of chemical milling maskant (less water and exempt 
solvents) as applied during each 30-day period using equation 23:

[[Page 209]]

[GRAPHIC] [TIFF OMITTED] TR27MR98.007

where:

Ga=volume-weighted average mass of VOC per unit volume of 
chemical milling maskant (lb/gal) (less water and exempt solvents) as 
applied during each 30-day period for those chemical milling maskants 
that are averaged.
n=number of chemical milling maskants being averaged.
(VOC)mi=VOC content (lb/gal) of chemical milling maskant i 
(less water and exempt solvents) as applied during the 30-day period 
that is averaged.
Vmi=volume (gal) of chemical milling maskant i (less water 
and exempt solvents) as applied during the 30-day period that is 
averaged.
Mlwes=total volume (gal) of all chemical milling maskants 
(less water and exempt solvents) as applied during each 30-day period 
that is averaged.

    (4)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, recalculation of Ga 
is required using the new value. If more than one chemical milling 
maskant is involved, the recalculation shall be made once using all of 
the new values.
    (ii) If recalculation is required, an owner or operator may elect to 
include in the recalculation of Ga uncontrolled chemical 
milling maskants that were not previously included provided appropriate 
and sufficient records were maintained for these other chemical milling 
maskants to allow daily recalculations.
    (iii) The recalculated value of Ga under either paragraph 
(n)(4)(i) or (n)(4)(ii) of this section shall be used to determine 
compliance.
    (o) Inorganic HAP emissions--dry particulate filter certification 
requirements. Dry particulate filters used to comply with Sec. 
63.745(g)(2) or Sec. 63.746(b)(4) must be certified by the filter 
manufacturer or distributor, paint/depainting booth supplier, and/or the 
facility owner or operator using method 319 in appendix A of subpart A 
of this part, to meet or exceed the efficiency data points found in 
Tables 1 and 2, or 3 and 4 of Sec. 63.745 for existing or new sources 
respectively.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998; 65 FR 62215, Oct. 17, 2000]



Sec. 63.751  Monitoring requirements.

    (a) Enclosed spray gun cleaners. Each owner or operator using an 
enclosed spray gun cleaner under Sec. 63.744(c)(1) shall visually 
inspect the seals and all other potential sources of leaks associated 
with each enclosed gun spray cleaner system at least once per month. 
Each inspection shall occur while the system is in operation.
    (b) Incinerators and carbon adsorbers--initial compliance 
demonstrations. Each owner or operator subject to the requirements in 
this subpart must demonstrate initial compliance with the requirements 
of Sec. Sec. 63.745(d), 63.746(c), and 63.747(d) of this subpart. Each 
owner or operator using a carbon adsorber to comply with the 
requirements in this subpart shall comply with the requirements 
specified in paragraphs (b)(1) through (7) of this section. Each owner 
or operator using an incinerator to comply with the requirements in this 
subpart shall comply with the requirements specified in paragraphs 
(b)(8) through (12) of this section.
    (1) Except as allowed by paragraph (b)(2) or (b)(5) of this section, 
for each control device used to control organic HAP or VOC emissions, 
the owner or operator shall fulfill the requirements of paragraph (b)(1) 
(i) or (ii) of this section.
    (i) The owner or operator shall establish as a site-specific 
operating parameter the outlet total HAP or VOC concentration that 
demonstrates compliance with Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d) as appropriate; or
    (ii) The owner or operator shall establish as the site-specific 
operating parameter the control device efficiency that demonstrates 
compliance with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (iii) When a nonregenerative carbon adsorber is used to comply with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), the site-specific 
operating parameter value may be established as part of the design 
evaluation used to demonstrate initial compliance. Otherwise, the site-

[[Page 210]]

specific operating parameter value shall be established during the 
initial performance test conducted according to the procedures of Sec. 
63.750(g).
    (2) For each nonregenerative carbon adsorber, in lieu of meeting the 
requirements of Sec. 63.751(b)(1), the owner or operator may establish 
as the site-specific operating parameter the carbon replacement time 
interval, as determined by the maximum design flow rate and organic 
concentration in the gas stream vented to the carbon adsorption system. 
The carbon replacement time interval shall be established either as part 
of the design evaluation to demonstrate initial compliance or during the 
initial performance test conducted according to the procedures in Sec. 
63.750(g) (1), (2), (3), or (4).
    (3) Each owner or operator venting solvent HAP emissions from a 
source through a room, enclosure, or hood, to a control device to comply 
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) shall:
    (i) Submit to the Administrator with the compliance status report 
required by Sec. 63.9(h) of the General Provisions a plan that:
    (A) Identifies the operating parameter to be monitored to ensure 
that the capture efficiency measured during the initial compliance test 
is maintained;
    (B) Discusses why this parameter is appropriate for demonstrating 
ongoing compliance; and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that 
demonstrate compliance with Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d), as appropriate; and
    (iii) Conduct monitoring in accordance with the plan submitted to 
the Administrator unless comments received from the Administrator 
require an alternate monitoring scheme.
    (4) Owners or operators subject to Sec. 63.751(b) (1), (2), or (3) 
shall calculate the site-specific operating parameter value, or range of 
values, as the arithmetic average of the maximum and/or minimum 
operating parameter values, as appropriate, that demonstrate compliance 
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) during the 
multiple test runs required by Sec. 63.750 (g)(2) and (g)(1).
    (5) For each solvent recovery device used to comply with Sec. 
63.745(d), Sec. 63.746(c), or Sec. 63.747(d), in lieu of meeting the 
requirements of paragraph (b)(1) of this section, the results of the 
material balance calculation conducted in accordance with Sec. 
63.750(g)(1) may serve as the site-specific operating parameter that 
demonstrates compliance with Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d).
    (6) Continuous compliance monitoring. Following the date on which 
the initial compliance demonstration is completed, continuous compliance 
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) of this 
subpart shall be demonstrated as outlined in this paragraph.
    (i) Each owner or operator of an affected source subject to Sec. 
63.745(d), Sec. 63.746(c), or Sec. 63.747(d) of this subpart shall 
monitor the applicable parameters specified in paragraph (b)(6)(ii), 
(b)(6)(iii), or (b)(6)(iv) of this section depending on the type of 
control technique used.
    (ii) Compliance monitoring shall be subject to the following 
provisions:
    (A) Except as allowed by paragraph (b)(6)(iii)(A)(2) of this 
section, all continuous emission monitors shall comply with performance 
specification (PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate 
depending on whether VOC or HAP concentration is being measured. The 
requirements in appendix F of 40 CFR part 60 shall also be followed. In 
conducting the quarterly audits required by appendix F, owners or 
operators shall challenge the monitors with compounds representative of 
the gaseous emission stream being controlled.
    (B) If the effluent from multiple emission points are combined prior 
to being channeled to a common control device, the owner or operator is 
required only to monitor the common control device, not each emission 
point.
    (iii) Owners or operators complying with Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d) through the use of a control device and 
establishing a site-specific operating parameter in accordance with 
paragraph (b)(1) of this section shall fulfill the requirements of 
paragraph (b)(6)(iii)(A) of this section and paragraph (b)(6)(iii)(B) or 
(C) of this section, as appropriate.

[[Page 211]]

    (A) The owner or operator shall install, calibrate, operate, and 
maintain a continuous emission monitor.
    (1) The continuous emission monitor shall be used to measure 
continuously the total HAP or VOC concentration at both the inlet and 
the outlet whenever HAP from coating and paint stripping operations are 
vented to the control device, or when continuous compliance is 
demonstrated through a percent efficiency calculation; or
    (2) For owners or operators using a nonregenerative carbon adsorber, 
in lieu of using continuous emission monitors as specified in paragraph 
(b)(6)(iii)(A)(1) of this section, the owner or operator may use a 
portable monitoring device to monitor total HAP or VOC concentration at 
the inlet and outlet or the outlet of the carbon adsorber as 
appropriate.
    (a) The monitoring device shall be calibrated, operated, and 
maintained in accordance with the manufacturer's specifications.
    (b) The monitoring device shall meet the requirements of part 60, 
appendix A, Method 21, sections 2, 3, 4.1, 4.2, and 4.4. The calibration 
gas shall either be representative of the compounds to be measured or 
shall be methane, and shall be at a concentration associated with 125% 
of the expected organic compound concentration level for the carbon 
adsorber outlet vent.
    (c) The probe inlet of the monitoring device shall be placed at 
approximately the center of the carbon adsorber outlet vent. The probe 
shall be held there for at least 5 minutes during which flow into the 
carbon adsorber is expected to occur. The maximum reading during that 
period shall be used as the measurement.
    (B) If complying with Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d) through the use of a carbon adsorption system with a common 
exhaust stack for all of the carbon vessels, the owner or operator shall 
not operate the control device at an average control efficiency less 
than that required by Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d) for three consecutive adsorption cycles.
    (C) If complying with Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d) through the use of a carbon adsorption system with individual 
exhaust stacks for each of the multiple carbon adsorber vessels, the 
owner or operator shall not operate any carbon adsorber vessel at an 
average control efficiency less than that required by Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d) as calculated daily using a 7 to 30-
day rolling average.
    (D) If complying with Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d) through the use of a nonregenerative carbon adsorber, in lieu 
of the requirements of paragraph (b)(6)(iii) (B) or (C) of this section, 
the owner or operator may monitor the VOC or HAP concentration of the 
adsorber exhaust daily, at intervals no greater than 20 percent of the 
design carbon replacement interval, whichever is greater, or at a 
frequency as determined by the owner or operator and approved by the 
Administrator.
    (iv) Owners or operators complying with Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d) through the use of a nonregenerative 
carbon adsorber and establishing a site-specific operating parameter for 
the carbon replacement time interval in accordance with paragraph (b)(2) 
shall replace the carbon in the carbon adsorber system with fresh carbon 
at the predetermined time interval as determined in the design 
evaluation.
    (v) Owners or operators complying with Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d) by capturing emissions through a room, 
enclosure, or hood shall install, calibrate, operate, and maintain the 
instrumentation necessary to measure continuously the site-specific 
operating parameter established in accordance with paragraph (b)(3) of 
this section whenever VOC and HAP from coating and stripper operations 
are vented through the capture device. The capture device shall not be 
operated at an average value greater than or less than (as appropriate) 
the operating parameter value established in accordance with paragraph 
(b)(3) of this section for any 3-hour period.
    (7) Owners or operators complying with paragraph (b)(4) or (b)(5) of 
this section shall calculate the site-specific operating parameter value 
as the arithmetic average of the minimum operating parameter values that 
demonstrate compliance with Sec. 63.745(d)and Sec. 63.747(d) during 
the three test runs required by Sec. 63.750(h)(2)(iv).

[[Page 212]]

    (8) All temperature monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturer's 
specifications. Every 3 months, facilities shall replace the temperature 
sensors or have the temperature sensors recalibrated. As an alternative, 
a facility may use a continuous emission monitoring system (CEMS) to 
verify that there has been no change in the destruction efficiency and 
effluent composition of the incinerator.
    (9) Where an incinerator other than a catalytic incinerator is used, 
a thermocouple equipped with a continuous recorder shall be installed 
and continuously operated in the firebox or in the ductwork immediately 
downstream of the firebox in a position before any substantial heat 
exchange occurs.
    (10) Where a catalytic incinerator is used, thermocouples, each 
equipped with a continuous recorder, shall be installed and continuously 
operated in the gas stream immediately before and after the catalyst 
bed.
    (11) For each incinerator other than a catalytic incinerator, each 
owner or operator shall establish during each performance test during 
which compliance is demonstrated, including the initial performance 
test, the minimum combustion temperature as a site-specific operating 
parameter. This minimum combustion temperature shall be the operating 
parameter value that demonstrates compliance with Sec. 63.745(d) and 
Sec. 63.747(d).
    (12) For each catalytic incinerator, each owner or operator shall 
establish during each performance test during which compliance is 
demonstrated, including the initial performance test, the minimum gas 
temperature upstream of the catalyst bed and the minimum gas temperature 
difference across the catalyst bed as site-specific operating 
parameters. These minimum temperatures shall be the operating parameter 
values that demonstrate compliance with Sec. 63.745(d) and Sec. 
63.747(d).
    (c) Dry particulate filter, HEPA filter, and waterwash systems--
primer and topcoat application operations. (1) Each owner or operator 
using a dry particulate filter system to meet the requirements of Sec. 
63.745(g)(2) shall, while primer or topcoat application operations are 
occurring, continuously monitor the pressure drop across the system and 
read and record the pressure drop once per shift following the 
recordkeeping requirements of Sec. 63.752(d).
    (2) Each owner or operator using a conventional waterwash system to 
meet the requirements of Sec. 63.745(g)(2) shall, while primer or 
topcoat application operations are occurring, continuously monitor the 
water flow rate through the system and read and record the water flow 
rate once per shift following the recordkeeping requirements of Sec. 
63.752(d). Each owner or operator using a pumpless waterwash system to 
meet the requirements of Sec. 63.745(g)(2) shall, while primer and 
topcoat application operations are occurring, measure and record the 
parameter(s) recommended by the booth manufacturer that indicate booth 
performance once per shift, following the recordkeeping requirements of 
Sec. 63.752(d).
    (d) Particulate filters and waterwash booths--depainting operations. 
Each owner or operator using a dry particulate filter or a conventional 
waterwash system in accordance with the requirements of Sec. 
63.746(b)(4) shall, while depainting operations are occurring, 
continuously monitor the pressure drop across the particulate filters or 
the water flow rate through the conventional waterwash system and read 
and record the pressure drop or the water flow rate once per shift 
following the recordkeeping requirements of Sec. 63.752(e). Each owner 
or operator using a pumpless waterwash system to meet the requirements 
of Sec. 63.746(b)(4) shall, while depainting operations are occurring, 
measure and record the parameter(s) recommended by the booth 
manufacturer that indicate booth performance once per shift, following 
the recordkeeping requirements of Sec. 63.752(e).
    (e) Use of an alternative monitoring method--(1) General. Until 
permission to use an alternative monitoring method has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source shall remain subject to the requirements of this 
section.
    (2) After receipt and consideration of written application, the 
Administrator

[[Page 213]]

may approve alternatives to any monitoring methods or procedures of this 
section including, but not limited to, the following:
    (i) Alternative monitoring requirements when the affected source is 
infrequently operated; or
    (ii) Alternative locations for installing continuous monitoring 
systems when the owner or operator can demonstrate that installation at 
alternate locations will enable accurate and representative 
measurements; or
    (iii) Alternatives to the American Society for Testing and Materials 
(ASTM) test methods or sampling procedures specified in this section.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, requirement, or 
procedure, the Administrator may require the use of a method, 
requirement, or procedure specified in this section. If the results of 
the specified and the alternative method, requirement, or procedure do 
not agree, the results obtained by the specified method, requirement, or 
procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or 
operator who wishes to use an alternative monitoring method shall submit 
an application to the Administrator as described in paragraph (e)(4)(ii) 
of this section. The application may be submitted at any time provided 
that the monitoring method is not used to demonstrate compliance with a 
relevant standard or other requirement. If the alternative monitoring 
method is to be used to demonstrate compliance with a relevant standard, 
the application shall be submitted not later than with the site-specific 
test plan required in Sec. 63.7(c) (if requested) or with the site-
specific performance evaluation plan (if requested), or at least 60 days 
before the performance evaluation is scheduled to begin.
    (ii) The application shall contain a description of the proposed 
alternative monitoring system and information justifying the owner's or 
operator's request for an alternative monitoring method, such as the 
technical or economic infeasibility, or the impracticality, of the 
affected source using the required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (e)(4)(i) of this section to ensure a timely review by the 
Administrator in order to meet the compliance demonstration date 
specified in this subpart.
    (5) Approval of request to use alternative monitoring method. (i) 
The Administrator will notify the owner or operator of his/her intention 
to deny approval of the request to use an alternative monitoring method 
within 60 calendar days after receipt of the original request and within 
60 calendar days after receipt of any supplementary information that is 
submitted. If notification of intent to deny approval is not received 
within 60 calendar days, the alternative monitoring method is to be 
considered approved. Before disapproving any request to use an 
alternative monitoring method, the Administrator will notify the 
applicant of the Administrator's intent to disapprove the request 
together with:
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (e)(5)(i) of 
this section, the owner or operator of such source shall continue to use 
the alternative monitoring method until approval is received from the 
Administrator to use another monitoring method as allowed by paragraph 
(e) of this section.
    (f) Reduction of monitoring data. (1) The data may be recorded in 
reduced or nonreduced form (e.g., parts per million (ppm) pollutant and 
% O2 or nanograms per Joule (ng/J) of pollutant).

[[Page 214]]

    (2) All emission data shall be converted into units specified in 
this subpart for reporting purposes. After conversion into units 
specified in this subpart, the data may be rounded to the same number of 
significant digits as used in this subpart to specify the emission limit 
(e.g., rounded to the nearest 1% overall reduction efficiency).

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000]



Sec. 63.752  Recordkeeping requirements.

    (a) General. Each owner or operator of a source subject to this 
subpart shall fulfill all recordkeeping requirements specified in Sec. 
63.10 (a), (b), (d), and (f).
    (b) Cleaning operation. Each owner or operator of a new or existing 
cleaning operation subject to this subpart shall record the information 
specified in paragraphs (b)(1) through (b)(5) of this section, as 
appropriate.
    (1) The name, vapor pressure, and documentation showing the organic 
HAP constituents of each cleaning solvent used for affected cleaning 
operations at the facility.
    (2) For each cleaning solvent used in hand-wipe cleaning operations 
that complies with the composition requirements specified in Sec. 
63.744(b)(1) or for semi-aqueous cleaning solvents used for flush 
cleaning operations:
    (i) The name of each cleaning solvent used;
    (ii) All data and calculations that demonstrate that the cleaning 
solvent complies with one of the composition requirements; and
    (iii) Annual records of the volume of each solvent used, as 
determined from facility purchase records or usage records.
    (3) For each cleaning solvent used in hand-wipe cleaning operations 
that does not comply with the composition requirements in Sec. 
63.744(b)(1), but does comply with the vapor pressure requirement in 
Sec. 63.744(b)(2):
    (i) The name of each cleaning solvent used;
    (ii) The composite vapor pressure of each cleaning solvent used;
    (iii) All vapor pressure test results, if appropriate, data, and 
calculations used to determine the composite vapor pressure of each 
cleaning solvent; and
    (iv) The amount (in gallons) of each cleaning solvent used each 
month at each operation.
    (4) For each cleaning solvent used for the exempt hand-wipe cleaning 
operations specified in Sec. 63.744(e) that does not conform to the 
vapor pressure or composition requirements of Sec. 63.744(b):
    (i) The identity and amount (in gallons) of each cleaning solvent 
used each month at each operation; and
    (ii) A list of the processes set forth in Sec. 63.744(e) to which 
the cleaning operation applies.
    (5) A record of all leaks from enclosed spray gun cleaners 
identified pursuant to Sec. 63.751(a) that includes for each leak 
found:
    (i) Source identification;
    (ii) Date leak was discovered; and
    (iii) Date leak was repaired.
    (c) Primer and topcoat application operations--organic HAP and VOC. 
Each owner or operator required to comply with the organic HAP and VOC 
content limits specified in Sec. 63.745(c) shall record the information 
specified in paragraphs (c)(1) through (c)(6) of this section, as 
appropriate.
    (1) The name and VOC content as received and as applied of each 
primer and topcoat used at the facility.
    (2) For uncontrolled primers and topcoats that meet the organic HAP 
and VOC content limits in Sec. 63.745(c)(1) through (c)(4) without 
averaging:
    (i) The mass of organic HAP emitted per unit volume of coating as 
applied (less water) (Hi) and the mass of VOC emitted per 
unit volume of coating as applied (less water and exempt solvents) 
(Gi) for each coating formulation within each coating 
category used each month (as calculated using the procedures specified 
in Sec. 63.750(c) and (e));
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the values of Hi and 
Gi; and
    (iii) The volume (gal) of each coating formulation within each 
coating category used each month.
    (3) For ``low HAP content'' uncontrolled primers with organic HAP 
content less than or equal to 250 g/l (2.1 lb/gal) less water as applied 
and VOC content less than or equal to 250 g/l (2.1 lb/

[[Page 215]]

gal) less water and exempt solvents as applied:
    (i) Annual purchase records of the total volume of each primer 
purchased; and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the organic HAP and VOC content as 
applied. These records shall consist of the manufacturer's certification 
when the primer is applied as received, or the data and calculations 
used to determine Hi if not applied as received.
    (4) For primers and topcoats complying with the organic HAP or VOC 
content level by averaging:
    (i) The monthly volume-weighted average masses of organic HAP 
emitted per unit volume of coating as applied (less water) 
(Ha) and of VOC emitted per unit volume of coating as applied 
(less water and exempt solvents) (Ga) for all coatings (as 
determined by the procedures specified in Sec. 63.750(d) and (f)); and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used to determine the values of Ha and 
Ga.
    (5) For primers and topcoats that are controlled by a control device 
other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) If an incinerator other than a catalytic incinerator is used, 
continuous records of the firebox temperature recorded under Sec. 
63.751(b)(9) and all calculated 3-hour averages of the firebox 
temperature; and
    (iii) If a catalytic incinerator is used, continuous records of the 
temperature recorded under Sec. 63.751(b)(10) and all calculated 3-hour 
averages of the recorded temperatures.
    (6) For primer and topcoats that are controlled by a carbon 
adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec. 63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The 
record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.
    (d) Primer and topcoat application operations--inorganic HAP 
emissions. (1) Each owner or operator complying with Sec. 63.745(g) for 
the control of inorganic HAP emissions from primer and topcoat 
application operations through the use of a dry particulate filter 
system or a HEPA filter system shall record the pressure drop across the 
operating system once each shift during which coating operations occur.
    (2) Each owner or operator complying with Sec. 63.745(g) through 
the use of a conventional waterwash system shall record the water flow 
rate through the operating system once each shift during which coating 
operations occur. Each owner or operator complying with Sec. 63.745(g) 
through the use of a pumpless waterwash system shall record the 
parameter(s) recommended by the booth manufacturer that indicate the 
performance of the booth once each shift during which coating operations 
occur.
    (3) This log shall include the acceptable limit(s) of pressure drop, 
water flow rate, or for the pumpless waterwash booth, the booth 
manufacturer recommended parameter(s) that indicate the booth 
performance, as applicable, as specified by the filter or booth 
manufacturer or in locally prepared operating procedures.
    (e) Depainting operations. Each owner or operator subject to the 
depainting standards specified in Sec. 63.746 shall record the 
information specified in paragraphs (e)(1) through (e)(7) of this 
section, as appropriate.
    (1) General. For all chemical strippers used in the depainting 
operation:

[[Page 216]]

    (i) The name of each chemical stripper; and
    (ii) Monthly volumes of each organic HAP containing chemical 
stripper used or monthly weight of organic HAP-material used for spot 
stripping and decal removal.
    (2) For HAP-containing chemical strippers that are controlled by a 
carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec. 63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The 
record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.
    (3) For HAP-containing chemical strippers that are controlled by a 
control device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) [Reserved]
    (4) For each type of aircraft depainted at the facility, a listing 
of the parts, subassemblies, and assemblies normally removed from the 
aircraft before depainting. Prototype, test model or aircraft that exist 
in low numbers (i.e., less than 25 aircraft of any one type) are exempt 
from this requirement.
    (5) Non-chemical based equipment. If dry media blasting equipment is 
used to comply with the organic HAP emission limit specified in Sec. 
63.746(b)(1):
    (i) The names and types of non-chemical based equipment; and
    (ii) For periods of malfunction,
    (A) The non-chemical method or technique that malfunctioned;
    (B) The date that the malfunction occurred;
    (C) A description of the malfunction;
    (D) The methods used to depaint aerospace vehicles during the 
malfunction period;
    (E) The dates that these methods were begun and discontinued; and
    (F) The date that the malfunction was corrected.
    (6) Spot stripping and decal removal. For spot stripping and decal 
removal, the volume of organic HAP-containing chemical stripper or 
weight of organic HAP used, the annual average volume of organic HAP-
containing chemical stripper or weight of organic HAP used per aircraft, 
the annual number of aircraft stripped, and all data and calculations 
used.
    (7) Inorganic HAP emissions. Each owner or operator shall record the 
actual pressure drop across the particulate filters or the visual 
continuity of the water curtain and water flow rate for conventional 
waterwash systems once each shift in which the depainting process is in 
operation. For pumpless waterwash systems, the owner or operator shall 
record the parameter(s) recommended by the booth manufacturer that 
indicate the performance of the booth once per shift in which the 
depainting process is in operation. This log shall include the 
acceptable limit(s) of the pressure drop as specified by the filter 
manufacturer, the visual continuity of the water curtain and the water 
flow rate for conventional waterwash systems, or the recommended 
parameter(s) that indicate the booth performance for pumpless systems as 
specified by the booth manufacturer or in locally prepared operating 
procedures.
    (f) Chemical milling maskant application operations. Each owner or 
operator seeking to comply with the organic HAP and VOC content limits 
for the chemical milling maskant application operation, as specified in 
Sec. 63.747(c), or the control system requirements specified in Sec. 
63.747(d), shall record the information specified in paragraphs (f)(1)

[[Page 217]]

through (f)(4) of this section, as appropriate.
    (1) For uncontrolled chemical milling maskants that meet the organic 
HAP or VOC content limit without averaging:
    (i) The mass of organic HAP emitted per unit volume of chemical 
milling maskant as applied (less water) (Hi) and the mass of 
VOC emitted per unit volume of chemical milling maskant as applied (less 
water and exempt solvents) (Gi) for each chemical milling 
maskant formulation used each month (as determined by the procedures 
specified in Sec. 63.750 (k) and (m));
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the values of Hi and 
Gi; and
    (iii) The volume (gal) of each chemical milling maskant formulation 
used each month.
    (2) For chemical milling maskants complying with the organic HAP or 
VOC content level by averaging:
    (i) The monthly volume-weighted average masses of organic HAP 
emitted per unit volume of chemical milling maskant as applied (less 
water) (Ha) and of VOC emitted per unit volume of chemical 
milling maskant as applied (less water and exempt solvents) 
(Ga) for all chemical milling maskants (as determined by the 
procedures specified in Sec. 63.750 (l) and (n)); and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used to determine the values of Ha and 
Ga.
    (3) For chemical milling maskants that are controlled by a carbon 
adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec. 63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The 
record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.
    (4) For chemical milling maskants that are controlled by a control 
device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) If an incinerator other than a catalytic incinerator is used, 
continuous records of the firebox temperature recorded under Sec. 
63.751(b)(9) and all calculated 3-hour averages of the firebox 
temperature; and
    (iii) If a catalytic incinerator is used, continuous records of the 
temperature recorded under Sec. 63.751(b)(10) and all calculated 3-hour 
averages of the recorded temperatures.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998]



Sec. 63.753  Reporting requirements.

    (a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this 
section, each owner or operator subject to this subpart shall fulfill 
the requirements contained in Sec. 63.9(a) through (e) and (h) through 
(j), Notification requirements, and Sec. 63.10(a), (b), (d), and (f), 
Recordkeeping and reporting requirements, of the General Provisions, 40 
CFR part 63, subpart A, and that the initial notification for existing 
sources required in Sec. 63.9(b)(2) shall be submitted not later than 
September 1, 1997. In addition to the requirements of Sec. 63.9(h), the 
notification of compliance status shall include:
    (i) Information detailing whether the source has operated within the 
specified ranges of its designated operating parameters.
    (ii) For each coating line, where averaging will be used along with 
the types of quantities of coatings the facility expects to use in the 
first year of operation. Averaging scheme shall be

[[Page 218]]

approved by the Administrator or delegated State authority and shall be 
included as part of the facility's title V or part 70 permit.
    (2) The initial notification for existing sources, required in Sec. 
63.9(b)(2) shall be submitted no later than September 1, 1997. For the 
purposes of this subpart, a title V or part 70 permit application may be 
used in lieu of the initial notification required under Sec. 
63.9(b)(2), provided the same information is contained in the permit 
application as required by Sec. 63.9(b)(2), and the State to which the 
permit application has been submitted has an approved operating permit 
program under part 70 of this chapter and has received delegation of 
authority from the EPA. Permit applications shall be submitted by the 
same due dates as those specified for the initial notifications.
    (3) For the purposes of this subpart, the Administrator will notify 
the owner or operator in writing of approval or disapproval of the 
request for an adjustment to a particular time period or postmark 
deadline submitted under Sec. 63.9(i) within 30 calendar days of 
receiving sufficient information to evaluate the request, rather than 15 
calendar days as provided for in Sec. 63.9(i)(3).
    (b) Cleaning operation. Each owner or operator of a cleaning 
operation subject to this subpart shall submit the following 
information:
    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) Any instance where a noncompliant cleaning solvent is used for a 
non-exempt hand-wipe cleaning operation;
    (ii) A list of any new cleaning solvents used for hand-wipe cleaning 
in the previous 6 months and, as appropriate, their composite vapor 
pressure or notification that they comply with the composition 
requirements specified in Sec. 63.744(b)(1);
    (iii) Any instance where a noncompliant spray gun cleaning method is 
used;
    (iv) Any instance where a leaking enclosed spray gun cleaner remains 
unrepaired and in use for more than 15 days; and
    (v) If the operations have been in compliance for the semiannual 
period, a statement that the cleaning operations have been in compliance 
with the applicable standards. Sources shall also submit a statement of 
compliance signed by a responsible company official certifying that the 
facility is in compliance with all applicable requirements.
    (c) Primer and topcoat application operations. Each owner or 
operator of a primer or topcoat application operation subject to this 
subpart shall submit the following information:
    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) For primers and topcoats where compliance is not being achieved 
through the use of averaging or a control device, each value of 
Hi and Gi, as recorded under Sec. 
63.752(c)(2)(i), that exceeds the applicable organic HAP or VOC content 
limit specified in Sec. 63.745(c);
    (ii) For primers and topcoats where compliance is being achieved 
through the use of averaging, each value of Ha and 
Ga, as recorded under Sec. 63.752(c)(4)(i), that exceeds the 
applicable organic HAP or VOC content limit specified in Sec. 
63.745(c);
    (iii) If incinerators are used to comply with the standards, all 
periods when the 3-hour average combustion temperature(s) is (are) less 
than the average combustion temperature(s) established under Sec. 
63.751(b) (11) or (12) during the most recent performance test during 
which compliance was demonstrated;
    (iv) If a carbon adsorber is used;
    (A) each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81%, the initial material 
balance calculation, and any exceedances as demonstrated through the 
calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (v) For control devices other than an incinerator or carbon 
adsorber, each

[[Page 219]]

exceedance of the operating parameter(s) established for the control 
device under the initial performance test during which compliance was 
demonstrated;
    (vi) All times when a primer or topcoat application operation was 
not immediately shut down when the pressure drop across a dry 
particulate filter or HEPA filter system, the water flow rate through a 
conventional waterwash system, or the recommended parameter(s) that 
indicate the booth performance for pumpless systems, as appropriate, was 
outside the limit(s) specified by the filter or booth manufacturer or in 
locally prepared operating procedures;
    (vii) If the operations have been in compliance for the semiannual 
period, a statement that the operations have been in compliance with the 
applicable standards; and,
    (2) Annual reports beginning 12 months after the date of the 
notification of compliance status listing the number of times the 
pressure drop or water flow rate for each dry filter or waterwash 
system, as applicable, was outside the limit(s) specified by the filter 
or booth manufacturer or in locally prepared operating procedures.
    (d) Depainting operation. Each owner or operator of a depainting 
operation subject to this subpart shall submit the following 
information:
    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) Any 24-hour period where organic HAP were emitted from the 
depainting of aerospace vehicles, other than from the exempt operations 
listed in Sec. 63.746 (a), (b)(3), and (b)(5).
    (ii) Any new chemical strippers used at the facility during the 
reporting period;
    (iii) The organic HAP content of these new chemical strippers;
    (iv) For each chemical stripper that undergoes reformulation, its 
organic HAP content;
    (v) Any new non-chemical depainting technique in use at the facility 
since the notification of compliance status or any subsequent semiannual 
report was filed;
    (vi) For periods of malfunctions:
    (A) The non-chemical method or technique that malfunctioned;
    (B) The date that the malfunction occurred;
    (C) A description of the malfunction;
    (D) The methods used to depaint aerospace vehicles during the 
malfunction period;
    (E) The dates that these methods were begun and discontinued; and
    (F) The date that the malfunction was corrected;
    (vii) All periods where a nonchemical depainting operation subject 
to Sec. 63.746(b)(2) and (b)(4) for the control of inorganic HAP 
emissions was not immediately shut down when the pressure drop, water 
flow rate, or recommended booth parameter(s) was outside the limit(s) 
specified by the filter or booth manufacturer or in locally prepared 
operational procedures;
    (viii) A list of new and discontinued aircraft models depainted at 
the facility over the last 6 months and a list of the parts normally 
removed for depainting for each new aircraft model being depainted; and
    (ix) If the depainting operation has been in compliance for the 
semiannual period, a statement signed by a responsible company official 
that the operation was in compliance with the applicable standards.
    (2) Annual reports occurring every 12 months from the date of the 
notification of compliance status that identify:
    (i) The average volume per aircraft of organic HAP-containing 
chemical strippers or weight of organic HAP used for spot stripping and 
decal removal operations if it exceeds the limits specified in Sec. 
63.746(b)(3); and
    (ii) The number of times the pressure drop limit(s) for each filter 
system or the number of times the water flow rate limit(s) for each 
waterwash system were outside the limit(s) specified by the filter or 
booth manufacturer or in locally prepared operating procedures.
    (3) Where a control device is used to control organic HAP emissions, 
semiannual reports that identify:
    (i) If a carbon adsorber is used,
    (A) each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81% for existing systems or 
less than

[[Page 220]]

95% for new systems, the initial material balance calculation, and any 
exceedances as demonstrated through the calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (ii) For control devices other than a carbon adsorber, each 
exceedance of the operating parameter(s) established for the control 
device under the initial performance test during which compliance was 
demonstrated;
    (iii) Descriptions of any control devices currently in use that were 
not listed in the notification of compliance status or any subsequent 
report.
    (e) Chemical milling maskant application operation. Each owner or 
operator of a chemical milling maskant application operation subject to 
this subpart shall submit semiannual reports occurring every 6 months 
from the date of the notification of compliance status that identify:
    (1) For chemical milling maskants where compliance is not being 
achieved through the use of averaging or a control device, each value of 
Hi and Gi, as recorded under Sec. 
63.752(f)(1)(i), that exceeds the applicable organic HAP or VOC content 
limit specified in Sec. 63.747(c);
    (2) For chemical milling maskants where compliance is being achieved 
through the use of averaging, each value of Ha and 
Ga, as recorded under Sec. 63.752(f)(2)(i), that exceeds the 
applicable organic HAP or VOC content limit specified in Sec. 
63.747(c);
    (3) Where a control device is used,
    (i) If incinerators are used to comply with the standards, all 
periods when the 3-hour average combustion temperature(s) is (are) less 
than the average combustion temperature(s) established under Sec. 
63.751(b) (11) or (12) during the most recent performance test during 
which compliance was demonstrated;
    (ii) If a carbon adsorber is used,
    (A) Each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81%, the initial material 
balance calculation, and any exceedances as demonstrated through the 
calculation; or,
    (B) For nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (iii) For control devices other than an incinerator or carbon 
adsorber, each exceedance of the operating parameter(s) established for 
the control device under the initial performance test during which 
compliance was demonstrated;
    (4) All chemical milling maskants currently in use that were not 
listed in the notification of compliance status or any other subsequent 
semiannual report;
    (5) Descriptions of any control devices currently in use that were 
not listed in the notification of compliance status or any subsequent 
report; and
    (6) If the operations have been in compliance for the semiannual 
period, a statement that the chemical milling maskant application 
operation has been in compliance with the applicable standards.

[60 FR 45956, Sept. 1, 1996; 61 FR 4903, Feb. 9, 1996, as amended at 61 
FR 66227, Dec. 17, 1996; 63 FR 15023, Mar. 27, 1998; 63 FR 46535, Sept. 
1, 1998]



Sec. Sec. 63.754-63.758  [Reserved]



Sec. 63.759  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

[[Page 221]]

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. 
63.741, 63.743, 63.744(a)(3), (b) through (e), 63.745 through 63.748, 
and 63.649(a).
    (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 37352, June 23, 2003]

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

----------------------------------------------------------------------------------------------------------------
              Reference                 Applies to affected sources in subpart GG             Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)...........................  Yes
63.1(a)(2)...........................  Yes
63.1(a)(3)...........................  Yes
63.1(a)(4)...........................  Yes
63.1(a)(5)...........................  No........................................  Reserved.
63.1(a)(6)...........................  Yes
63.1(a)(7)...........................  Yes
63.1(a)(8)...........................  Yes
63.1(a)(9)...........................  No........................................  Reserved.
63.1(a)(10)..........................  Yes
63.1(a)(11)..........................  Yes
63.1(a)(12)..........................  Yes
63.1(a)(13)..........................  Yes
63.1(a)(14)..........................  Yes
63.1(b)(1)...........................  Yes
63.1(b)(2)...........................  Yes
63.1(b)(3)...........................  Yes
63.1(c)(1)...........................  Yes
63.1(c)(2)...........................  Yes.......................................  Subpart GG does not apply to
                                                                                    area sources.
63.1(c)(3)...........................  No........................................  Reserved.
63.1(c)(4)...........................  Yes
63.1(c)(5)...........................  Yes
63.1(d)..............................  No........................................  Reserved.
63.1(e)..............................  Yes
63.2.................................  Yes
63.3.................................  Yes
63.4(a)(1)...........................  Yes
63.4(a)(2)...........................  Yes
63.4(a)(3)...........................  Yes
63.4(a)(4)...........................  No........................................  Reserved.
63.4(a)(5)...........................  Yes
63.4(b)..............................  Yes
63.4(c)..............................  Yes
63.5(a)..............................  Yes
63.5(b)(1)...........................  Yes
63.5(b)(2)...........................  No........................................  Reserved.
63.5(b)(3)...........................  Yes
63.5(b)(4)...........................  Yes
63.5(b)(5)...........................  Yes
63.5(b)(6)...........................  Yes
63.5(c)..............................  No........................................  Reserved.
63.5(d)(1)(i)........................  Yes
63.5(d)(1)(ii)(A)-(H)................  Yes
63.5(d)(1)(ii)(I)....................  No........................................  Reserved.
63.5(d)(1)(ii)(J)....................  Yes
63.5(d)(1)(iii)......................  Yes
63.5(d)(2)-(4).......................  Yes
63.5(e)..............................  Yes
63.5(f)..............................  Yes
63.6(a)..............................  Yes

[[Page 222]]

 
63.6(b)(1)-(5).......................  Yes.......................................  Sec.  63.749(a) specifies
                                                                                    compliance dates for new
                                                                                    sources.
63.6(b)(6)...........................  No........................................  Reserved.
63.6(b)(7)...........................  Yes
63.6(c)(1)...........................  Yes
63.6(c)(2)...........................  No........................................  The standards in subpart GG
                                                                                    are promulgated under
                                                                                    section 112(d) of the Act.
63.6(c)(3)-(4).......................  No........................................  Reserved.
63.6(c)(5)...........................  Yes
63.6(d)..............................  No........................................  Reserved.
63.6(e)..............................  Yes.......................................  63.743(b) includes additional
                                                                                    provisions for the operation
                                                                                    and maintenance plan.
63.6(f)..............................  Yes
63.6(g)..............................  Yes
63.6(h)..............................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.6(i)(1)-(3).......................  Yes
63.6(i)(4)(i)(A).....................  Yes
63.6(i)(4)(i)(B).....................  No........................................  Sec.  63.743(a)(4) specifies
                                                                                    that requests for extension
                                                                                    of compliance must be
                                                                                    submitted no later than 120
                                                                                    days before an affected
                                                                                    source's compliance date.
63.6(i)(4)(ii).......................  No........................................  The standards in subpart GG
                                                                                    are promulgated under
                                                                                    section 112(d) of the Act.
63.6(i)(5)-(12)......................  Yes
63.6(i)(13)..........................  Yes
63.6(i)(14)..........................  Yes
63.6(i)(15)..........................  No........................................  Reserved.
63.6(i)(16)..........................  Yes
63.6(j)..............................  Yes
63.7(a)(1)...........................  Yes
63.7(a)(2)(i)-(vi)...................  Yes
63.7(a)(2)(vii)-(viii)...............  No........................................  Reserved.
63.7(a)(2)(ix).......................  Yes
63.7(a)(3)...........................  Yes
63.7(b)..............................  Yes
63.7(c)..............................  Yes
63.7(d)..............................  Yes
63.7(e)..............................  Yes
63.7(f)..............................  Yes
63.7(g)(1)...........................  Yes
63.7(g)(2)...........................  No........................................  Reserved.
63.7(g)(3)...........................  Yes
63.7(h)..............................  Yes
63.8(a)(1)-(2).......................  Yes
63.8(a)(3)...........................  No........................................  Reserved.
63.8(a)(4)...........................  Yes
63.8(b)..............................  Yes
63.8(c)..............................  Yes
63.8(d)..............................  No
63.8(e)(1)-(4).......................  Yes
63.8(e)(5)(i)........................  Yes
63.8(e)(5)(ii).......................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.8(f)(1)...........................  Yes
63.8(f)(2)(i)-(vii)..................  Yes
63.8(f)(2)(viii).....................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.8(f)(2)(ix).......................  Yes
63.8(f)(3)-(6).......................  Yes
63.8(g)..............................  Yes
63.9(a)..............................  Yes
63.9(b)(1)...........................  Yes
63.9(b)(2)...........................  Yes.......................................  Sec.  63.753(a)(1) requires
                                                                                    submittal of the initial
                                                                                    notification at least 1 year
                                                                                    prior to the compliance
                                                                                    date; Sec.  63.753(a)(2)
                                                                                    allows a title V or part 70
                                                                                    permit application to be
                                                                                    substituted for the initial
                                                                                    notification in certain
                                                                                    circumstances.
63.9(b)(3)...........................  Yes
63.9(b)(4)...........................  Yes
63.9(b)(5)...........................  Yes
63.9(c)..............................  Yes

[[Page 223]]

 
63.9(d)..............................  Yes
63.9(e)..............................  Yes
63.9(f)..............................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.9(g)(1)...........................  No
63.9(g)(2)...........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.9(g)(3)...........................  No
63.9(h)(1)-(3).......................  Yes.......................................  Sec.  63.753(a)(1) also
                                                                                    specifies additional
                                                                                    information to be included
                                                                                    in the notification of
                                                                                    compliance status.
63.9(h)(4)...........................  No........................................  Reserved.
63.9(h)(5)-(6).......................  Yes
63.9(i)..............................  Yes
63.9(j)..............................  Yes
63.10(a).............................  Yes
63.10(b).............................  Yes
63.10(c)(1)..........................  No
63.10(c)(2)-(4)......................  No........................................  Reserved.
63.10(c)(5)-(8)......................  No
63.10(c)(9)..........................  No........................................  Reserved.
63.10(c)(10)-(13)....................  No
63.10(c)(14).........................  No........................................  Sec.  63.8(d) does not apply
                                                                                    to this subpart.
63.10(c)(15).........................  No
63.10(d)(1)-(2)......................  Yes
63.10(d)(3)..........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(d)(4)..........................  Yes
63.10(d)(5)..........................  Yes
63.(10)(e)(1)........................  No
63.10(e)(2)(i).......................  No
63.10(e)(2)(ii)......................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(e)(3)..........................  No
63.10(e)(4)..........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(f).............................  Yes
63.11................................  Yes
63.12................................  Yes
63.13................................  Yes
63.14................................  Yes
63.15................................  Yes
----------------------------------------------------------------------------------------------------------------


[63 FR 15024, Mar. 27, 1998]

   Appendix A to Subpart GG of Part 63--Specialty Coating Definitions

    Ablative coating--A coating that chars when exposed to open flame or 
extreme temperatures, as would occur during the failure of an engine 
casing or during aerodynamic heating. The ablative char surface serves 
as an insulative barrier, protecting adjacent components from the heat 
or open flame.
    Adhesion promoter--A very thin coating applied to a substrate to 
promote wetting and form a chemical bond with the subsequently applied 
material.
    Adhesive bonding primer--A primer applied in a thin film to 
aerospace components for the purpose of corrosion inhibition and 
increased adhesive bond strength by attachment. There are two categories 
of adhesive bonding primers: primers with a design cure at 250 [deg]F or 
below and primers with a design cure above 250 [deg]F.
    Aerosol coating--A hand-held, pressurized, nonrefillable container 
that expels an adhesive or a coating in a finely divided spray when a 
valve on the container is depressed.
    Antichafe coating--A coating applied to areas of moving aerospace 
components that may rub during normal operations or installation.
    Bearing coating--A coating applied to an antifriction bearing, a 
bearing housing, or the area adjacent to such a bearing in order to 
facilitate bearing function or to protect base material from excessive 
wear. A material shall not be classified as a bearing coating if it can 
also be classified as a dry lubricative material or a solid film 
lubricant.
    Bonding maskant--A temporary coating used to protect selected areas 
of aerospace parts from strong acid or alkaline solutions during 
processing for bonding.

[[Page 224]]

    Caulking and smoothing compounds--Semi-solid materials which are 
applied by hand application methods and are used to aerodynamically 
smooth exterior vehicle surfaces or fill cavities such as bolt hole 
accesses. A material shall not be classified as a caulking and smoothing 
compound if it can also be classified as a sealant.
    Chemical agent-resistant coating (CARC)--An exterior topcoat 
designed to withstand exposure to chemical warfare agents or the 
decontaminants used on these agents.
    Clear coating--A transparent coating usually applied over a colored 
opaque coating, metallic substrate, or placard to give improved gloss 
and protection to the color coat. In some cases, a clearcoat refers to 
any transparent coating without regard to substrate.
    Commercial exterior aerodynamic structure primer--A primer used on 
aerodynamic components and structures that protrude from the fuselage, 
such as wings and attached components, control surfaces, horizontal 
stabilizers, vertical fins, wing-to-body fairings, antennae, and landing 
gear and doors, for the purpose of extended corrosion protection and 
enhanced adhesion.
    Commercial interior adhesive--Materials used in the bonding of 
passenger cabin interior components. These components must meet the FAA 
fireworthiness requirements.
    Compatible substrate primer--Includes two categories: compatible 
epoxy primer and adhesive primer. Compatible epoxy primer is primer that 
is compatible with the filled elastomeric coating and is epoxy based. 
The compatible substrate primer is an epoxy-polyamide primer used to 
promote adhesion of elastomeric coatings such as impact-resistant 
coatings. Adhesive primer is a coating that (1) inhibits corrosion and 
serves as a primer applied to bare metal surfaces or prior to adhesive 
application, or (2) is applied to surfaces that can be expected to 
contain fuel. Fuel tank coatings are excluded from this category.
    Corrosion prevention system--A coating system that provides 
corrosion protection by displacing water and penetrating mating 
surfaces, forming a protective barrier between the metal surface and 
moisture. Coatings containing oils or waxes are excluded from this 
category.
    Critical use and line sealer maskant--A temporary coating, not 
covered under other maskant categories, used to protect selected areas 
of aerospace parts from strong acid or alkaline solutions such as those 
used in anodizing, plating, chemical milling and processing of 
magnesium, titanium, high-strength steel, high-precision aluminum 
chemical milling of deep cuts, and aluminum chemical milling of complex 
shapes. Materials used for repairs or to bridge gaps left by scribing 
operations (i.e. line sealer) are also included in this category.
    Cryogenic flexible primer--A primer designed to provide corrosion 
resistance, flexibility, and adhesion of subsequent coating systems when 
exposed to loads up to and surpassing the yield point of the substrate 
at cryogenic temperatures (-275 [deg]F and below).
    Cryoprotective coating--A coating that insulates cryogenic or 
subcooled surfaces to limit propellant boil-off, maintain structural 
integrity of metallic structures during ascent or re-entry, and prevent 
ice formation.
    Cyanoacrylate adhesive--A fast-setting, single component adhesive 
that cures at room temperature. Also known as ``super glue.''
    Dry lubricative material--A coating consisting of lauric acid, cetyl 
alcohol, waxes, or other non-cross linked or resin-bound materials which 
act as a dry lubricant.
    Electric or radiation-effect coating--A coating or coating system 
engineered to interact, through absorption or reflection, with specific 
regions of the electromagnetic energy spectrum, such as the ultraviolet, 
visible, infrared, or microwave regions. Uses include, but are not 
limited to, lightning strike protection, electromagnetic pulse (EMP) 
protection, and radar avoidance. Coatings that have been designated as 
``classified'' by the Department of Defense are exempt.
    Electrostatic discharge and electromagnetic interference (EMI) 
coating--A coating applied to space vehicles, missiles, aircraft 
radomes, and helicopter blades to disperse static energy or reduce 
electromagnetic interference.
    Elevated-temperature Skydrol-resistant commercial primer--A primer 
applied primarily to commercial aircraft (or commercial aircraft adapted 
for military use) that must withstand immersion in phosphate-ester (PE) 
hydraulic fluid (Skydrol 500b or equivalent) at the elevated temperature 
of 150 [deg]F for 1,000 hours.
    Epoxy polyamide topcoat--A coating used where harder films are 
required or in some areas where engraving is accomplished in camouflage 
colors.
    Fire-resistant (interior) coating--For civilian aircraft, fire-
resistant interior coatings are used on passenger cabin interior parts 
that are subject to the FAA fireworthiness requirements. For military 
aircraft, fire-resistant interior coatings are used on parts subject to 
the flammability requirements of MIL-STD-1630A and MIL-A-87721. For 
space applications, these coatings are used on parts subject to the 
flammability requirements of SE-R-0006 and SSP 30233.
    Flexible primer--A primer that meets flexibility requirements such 
as those needed for adhesive bond primed fastener heads or on surfaces 
expected to contain fuel. The flexible coating is required because it 
provides a compatible, flexible substrate over bonded sheet rubber and 
rubber-type coatings as well as a flexible bridge between the fasteners, 
skin, and skin-to-skin joints on outer aircraft skins. This flexible 
bridge allows

[[Page 225]]

more topcoat flexibility around fasteners and decreases the chance of 
the topcoat cracking around the fasteners. The result is better 
corrosion resistance.
    Flight test coating--A coating applied to aircraft other than 
missiles or single-use aircraft prior to flight testing to protect the 
aircraft from corrosion and to provide required marking during flight 
test evaluation.
    Fuel tank adhesive--An adhesive used to bond components exposed to 
fuel and that must be compatible with fuel tank coatings.
    Fuel tank coating--A coating applied to fuel tank components to 
inhibit corrosion and/or bacterial growth and to assure sealant adhesion 
in extreme environmental conditions.
    High temperature coating--A coating designed to withstand 
temperatures of more than 350 [deg]F.
    Insulation covering--Material that is applied to foam insulation to 
protect the insulation from mechanical or environmental damage.
    Intermediate release coating--A thin coating applied beneath 
topcoats to assist in removing the topcoat in depainting operations and 
generally to allow the use of less hazardous depainting methods.
    Lacquer--A clear or pigmented coating formulated with a 
nitrocellulose or synthetic resin to dry by evaporation without a 
chemical reaction. Lacquers are resoluble in their original solvent.
    Metalized epoxy coating--A coating that contains relatively large 
quantities of metallic pigmentation for appearance and/or added 
protection.
    Mold release--A coating applied to a mold surface to prevent the 
molded piece from sticking to the mold as it is removed.
    Nonstructural adhesive--An adhesive that bonds nonload bearing 
aerospace components in noncritical applications and is not covered in 
any other specialty adhesive categories.
    Optical anti-reflection coating--A coating with a low reflectance in 
the infrared and visible wavelength ranges, which is used for anti-
reflection on or near optical and laser hardware.
    Part marking coating--Coatings or inks used to make identifying 
markings on materials, components, and/or assemblies. These markings may 
be either permanent or temporary.
    Pretreatment coating--An organic coating that contains at least 0.5 
percent acids by weight and is applied directly to metal or composite 
surfaces to provide surface etching, corrosion resistance, adhesion, and 
ease of stripping.
    Rain erosion-resistant coating--A coating or coating system used to 
protect the leading edges of parts such as flaps, stabilizers, radomes, 
engine inlet nacelles, etc. against erosion caused by rain impact during 
flight.
    Rocket motor bonding adhesive--An adhesive used in rocket motor 
bonding applications.
    Rocket motor nozzle coating--A catalyzed epoxy coating system used 
in elevated temperature applications on rocket motor nozzles.
    Rubber-based adhesive--Quick setting contact cements that provide a 
strong, yet flexible, bond between two mating surfaces that may be of 
dissimilar materials.
    Scale inhibitor--A coating that is applied to the surface of a part 
prior to thermal processing to inhibit the formation of scale.
    Screen print ink--Inks used in screen printing processes during 
fabrication of decorative laminates and decals.
    Seal coat maskant--An overcoat applied over a maskant to improve 
abrasion and chemical resistance during production operations.
    Sealant--A material used to prevent the intrusion of water, fuel, 
air, or other liquids or solids from certain areas of aerospace vehicles 
or components. There are two categories of sealants: extrudable/
rollable/brushable sealants and sprayable sealants.
    Silicone insulation material--Insulating material applied to 
exterior metal surfaces for protection from high temperatures caused by 
atmospheric friction or engine exhaust. These materials differ from 
ablative coatings in that they are not ``sacrificial.''
    Solid film lubricant--A very thin coating consisting of a binder 
system containing as its chief pigment material one or more of the 
following: molybdenum, graphite, polytetrafluoroethylene (PTFE), or 
other solids that act as a dry lubricant between faying surfaces.
    Specialized function coatings--Coatings that fulfill extremely 
specific engineering requirements that are limited in application and 
are characterized by low volume usage. This category excludes coatings 
covered in other Specialty Coating categories.
    Structural autoclavable adhesive--An adhesive used to bond load-
carrying aerospace components that is cured by heat and pressure in an 
autoclave.
    Structural nonautoclavable adhesive--An adhesive cured under ambient 
conditions that is used to bond load-carrying aerospace components or 
for other critical functions, such as nonstructural bonding in the 
proximity of engines.
    Temporary protective coating--A coating applied to provide scratch 
or corrosion protection during manufacturing, storage, or 
transportation. Two types include peelable protective coatings and 
alkaline removable coatings. These materials are not intended to protect 
against strong acid or alkaline solutions. Coatings that provide this 
type of protection from chemical processing are not included in this 
category.
    Thermal control coating--Coatings formulated with specific thermal 
conductive or radiative properties to permit temperature control of the 
substrate.

[[Page 226]]

    Touch-up and Repair Coating--A coating used to cover minor coating 
imperfections appearing after the main coating operation.
    Wet fastener installation coating--A primer or sealant applied by 
dipping, brushing, or daubing to fasteners that are installed before the 
coating is cured.
    Wing coating--A corrosion-resistant topcoat that is resilient enough 
to withstand the flexing of the wings.

[63 FR 15026, Mar. 27, 1998]



Subpart HH_National Emission Standards for Hazardous Air Pollutants From 

                Oil and Natural Gas Production Facilities

    Source: 64 FR 32628, June 17, 1999, unless otherwise noted.



Sec. 63.760  Applicability and designation of affected source.

    (a) This subpart applies to the owners and operators of the emission 
points, specified in paragraph (b) of this section that are located at 
oil and natural gas production facilities that meet the specified 
criteria in paragraphs (a)(1) and either (a)(2) or (a)(3) of this 
section.
    (1) Facilities that are major or area sources of hazardous air 
pollutants (HAP) as defined in Sec. 63.761. Emissions for major source 
determination purposes can be estimated using the maximum natural gas or 
hydrocarbon liquid throughput, as appropriate, calculated in paragraphs 
(a)(1)(i) through (iii) of this section. As an alternative to 
calculating the maximum natural gas or hydrocarbon liquid throughput, 
the owner or operator of a new or existing source may use the facility's 
design maximum natural gas or hydrocarbon liquid 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 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 provisions of this subpart 
applicable to a major source starting on the applicable compliance date 
specified in paragraph (f) 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.
    (i) If the owner or operator documents, to the Administrator's 
satisfaction, a decline in annual natural gas or hydrocarbon liquid 
throughput, as appropriate, each year for the 5 years prior to June 17, 
1999, the owner or operator shall calculate the maximum natural gas or 
hydrocarbon liquid throughput used to determine maximum potential 
emissions according to the requirements specified in paragraph 
(a)(1)(i)(A) of this section. In all other circumstances, the owner or 
operator shall calculate the maximum throughput used to determine 
whether a facility is a major source in accordance with the requirements 
specified in paragraph (a)(1)(i)(B) of this section.
    (A) The maximum natural gas or hydrocarbon liquid throughput is the 
average of the annual natural gas or hydrocarbon liquid throughput for 
the 3 years prior to June 17, 1999, multiplied by a factor of 1.2.
    (B) The maximum natural gas or hydrocarbon liquid throughput is the 
highest annual natural gas or hydrocarbon liquid throughput over the 5 
years prior to June 17, 1999, multiplied by a factor of 1.2.
    (ii) The owner or operator shall maintain records of the annual 
facility natural gas or hydrocarbon liquid throughput each year and upon 
request submit such records to the Administrator. If the facility annual 
natural gas or hydrocarbon liquid throughput increases above the maximum 
natural gas or hydrocarbon liquid throughput calculated in paragraph 
(a)(1)(i)(A) or (a)(1)(i)(B) of this section, the maximum natural gas or 
hydrocarbon liquid throughput must be recalculated using the higher 
throughput multiplied by a factor of 1.2.
    (iii) The owner or operator shall determine the maximum values for 
other parameters used to calculate emissions as the maximum for the 
period over

[[Page 227]]

which the maximum natural gas or hydrocarbon liquid throughput is 
determined in accordance with paragraph (a)(1)(i)(A) or (B) of this 
section. Parameters shall be based on either highest measured values or 
annual average.
    (2) Facilities that process, upgrade, or store hydrocarbon liquids 
prior to the point of custody transfer.
    (3) Facilities that process, upgrade, or store natural gas prior to 
the point at which natural gas enters the natural gas transmission and 
storage source category or is delivered to a final end user. For the 
purposes of this subpart, natural gas enters the natural gas 
transmission and storage source category after the natural gas 
processing plant, when present. If no natural gas processing plant is 
present, natural gas enters the natural gas transmission and storage 
source category after the point of custody transfer.
    (b) The affected sources for major sources are listed in paragraph 
(b)(1) of this section and for area sources in paragraph (b)(2) of this 
section.
    (1) For major sources, the affected source shall comprise each 
emission point located at a facility that meets the criteria specified 
in paragraph (a) of this section and listed in paragraphs (b)(1)(i) 
through (b)(1)(iv) of this section.
    (i) Each glycol dehydration unit;
    (ii) Each storage vessel with the potential for flash emissions;
    (iii) The group of all ancillary equipment, except compressors, 
intended to operate in volatile hazardous air pollutant service (as 
defined in Sec. 63.761), which are located at natural gas processing 
plants; and
    (iv) Compressors intended to operate in volatile hazardous air 
pollutant service (as defined in Sec. 63.761), which are located at 
natural gas processing plants.
    (2) For area sources, the affected source includes each triethylene 
glycol (TEG) dehydration unit located at a facility that meets the 
criteria specified in paragraph (a) of this section.
    (c) [Reserved]
    (d) The owner and operator of a facility that does not contain an 
affected source as specified in paragraph (b) of this section are not 
subject to the requirements of this subpart.
    (e) Exemptions. The facilities listed in paragraphs (e)(1) and 
(e)(2) of this section are exempt from the requirements of this subpart. 
Records shall be maintained as required in Sec. 63.10(b)(3).
    (1) A facility that exclusively processes, stores, or transfers 
black oil (as defined in Sec. 63.761) is not subject to the 
requirements of this subpart. For the purposes of this subpart, a black 
oil facility that uses natural gas for fuel or generates gas from black 
oil shall qualify for this exemption.
    (2) A major source facility, prior to the point of custody transfer, 
with a facility-wide actual annual average natural gas throughput less 
than 18.4 thousand standard cubic meters per day and a facility-wide 
actual annual average hydrocarbon liquid throughput less than 39,700 
liters per day.
    (f) The owner or operator of an affected major source shall achieve 
compliance with the provisions of this subpart by the dates specified in 
paragraphs (f)(1) and (f)(2) of this section. The owner or operator of 
an affected area source shall achieve compliance with the provisions of 
this subpart by the dates specified in paragraphs (f)(3) through (f)(6) 
of this section.
    (1) The owner or operator of an affected major source, the 
construction or reconstruction of which commenced before February 6, 
1998, shall achieve compliance with the applicable provisions of this 
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 major source, the 
construction or reconstruction of which commences on or after February 
6, 1998, shall achieve compliance with the applicable 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

[[Page 228]]

standard immediately upon becoming a major source.
    (3) The owner or operator of an affected area source, located in an 
Urban-1 county, as defined in Sec. 63.761, the construction or 
reconstruction of which commences before February 6, 1998, shall achieve 
compliance with the provisions of this subpart no later than the dates 
specified in paragraphs (f)(3)(i) or (ii) of this section, except as 
provided for in Sec. 63.6(i).
    (i) If the affected area source is located within any UA plus offset 
and UC boundary, as defined in Sec. 63.761, the compliance date is 
January 4, 2010.
    (ii) If the affected area source is not located within any UA plus 
offset and UC boundary, as defined in Sec. 63.761, the compliance date 
is January 5, 2009.
    (4) The owner or operator of an affected area source, located in an 
Urban-1 county, as defined in Sec. 63.761, 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 January 3, 2007, whichever date is later.
    (5) The owner or operator of an affected area source that is not 
located in an Urban-1 county, as defined in Sec. 63.761, the 
construction or reconstruction of which commences before July 8, 2005, 
shall achieve compliance with the provisions of this subpart no later 
than the dates specified in paragraphs (f)(5)(i) or (ii) of this 
section, except as provided for in Sec. 3.6(i).
    (i) If the affected area source is located within any UA plus offset 
and UC boundary, as defined in Sec. 63.761, the compliance date is 
January 4, 2010.
    (ii) If the affected area source is not located within any UA plus 
offset and UC boundary, as defined in Sec. 63.761, the compliance date 
is January 5, 2009.
    (6) The owner or operator of an affected area source that is not 
located in an Urban-1 county, as defined in Sec. 63.761, the 
construction or reconstruction of which commences on or after July 8, 
2005, shall achieve compliance with the provisions of this subpart 
immediately upon initial startup or January 3, 2007, whichever date is 
later.
    (g) The following provides owners or operators of an affected source 
at a major source with information on overlap of this subpart with other 
regulations for equipment leaks. The owner or operator of an affected 
source at a major source shall document that they are complying with 
other regulations by keeping the records specified in Sec. 
63.774(b)(9).
    (1) After the compliance dates specified in paragraph (f) of this 
section, ancillary equipment and compressors that are subject to this 
subpart and that are also subject to and controlled under the provisions 
of 40 CFR part 60, subpart KKK, are only required to comply with the 
requirements of 40 CFR part 60, subpart KKK.
    (2) After the compliance dates specified in paragraph (f) of this 
section, ancillary equipment and compressors that are subject to this 
subpart and are also subject to and controlled under the provisions of 
40 CFR part 61, subpart V, are only required to comply with the 
requirements of 40 CFR part 61, subpart V.
    (3) After the compliance dates specified in paragraph (f) of this 
section, ancillary equipment and compressors that are subject to this 
subpart and are also subject to and controlled under the provisions of 
40 CFR part 63, subpart H, are only required to comply with the 
requirements of 40 CFR part 63, subpart H.
    (h) 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 operating 
permit requirements. Unless otherwise required by law, the owner or 
operator of an area source subject to the provisions of this subpart is 
exempt from the permitting requirements established by 40 CFR part 70 or 
40 CFR part 71.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34550, June 29, 2001; 
72 FR 36, Jan. 3, 2007]



Sec. 63.761  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act (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.

[[Page 229]]

    Alaskan North Slope means the approximately 180,000 square kilometer 
area (69,000 square mile area) extending from the Brooks Range to the 
Arctic Ocean.
    Ancillary equipment means any of the following pieces of equipment: 
pumps, pressure relief devices, sampling connection systems, open-ended 
valves, or lines, valves, flanges, or other connectors.
    API gravity means the weight per unit volume of hydrocarbon liquids 
as measured by a system recommended by the American Petroleum Institute 
(API) and is expressed in degrees.
    Associated equipment, as used in this subpart and as referred to in 
section 112(n)(4) of the Act, means equipment associated with an oil or 
natural gas exploration or production well, and includes all equipment 
from the wellbore to the point of custody transfer, except glycol 
dehydration units and storage vessels with the potential for flash 
emissions.
    Black oil means hydrocarbon (petroleum) liquid with an initial 
producing gas-to-oil ratio (GOR) less than 0.31 cubic meters per liter 
and an API gravity less than 40 degrees.
    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 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.
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature, pressure, or both, and 
remains liquid at standard conditions, as specified in Sec. 63.2.
    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 adsorbers, 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 closed-vent system.
    Cover means a device which is placed on top of or over a material 
such that the entire surface area of the material is enclosed and 
sealed. A cover may have openings (such as access hatches, sampling 
ports, and gauge wells) if those openings are necessary for operation, 
inspection, maintenance, or repair of the unit on which the cover is 
installed, provided that each opening is closed and sealed when the 
opening is not in use. In addition, a cover may have one or more safety 
devices. Examples of a cover include, but are not limited to, a fixed-
roof installed on a tank, an external floating roof installed on a tank, 
and a lid installed on a drum or other container.
    Custody transfer means the transfer of hydrocarbon liquids or 
natural gas: after processing and/or treatment in the producing 
operations, or from storage vessels or automatic transfer facilities or 
other such equipment, including product loading racks, to pipelines or 
any other forms of transportation. For the purposes of this subpart, the 
point at which such liquids or natural gas enters a natural gas 
processing plant is a point of custody transfer.
    Equipment leaks means emissions of HAP from ancillary equipment (as 
defined in this section) and compressors.

[[Page 230]]

    Facility means any grouping of equipment where hydrocarbon liquids 
are processed, upgraded (i.e., remove impurities or other constituents 
to meet contract specifications), or stored prior to the point of 
custody transfer; or where natural gas is processed, upgraded, or stored 
prior to entering the natural gas transmission and storage source 
category. For the purpose of a major source determination, facility 
(including a building, structure, or installation) means oil and natural 
gas production and processing equipment that is located within the 
boundaries of an individual surface site as defined in this section. 
Equipment that is part of a facility will typically be located within 
close proximity to other equipment located at the same facility. Pieces 
of production equipment or groupings of equipment located on different 
oil and gas leases, mineral fee tracts, lease tracts, subsurface or 
surface unit areas, surface fee tracts, surface lease tracts, or 
separate surface sites, whether or not connected by a road, waterway, 
power line or pipeline, shall not be considered part of the same 
facility. Examples of facilities in the oil and natural gas production 
source category include, but are not limited to, well sites, satellite 
tank batteries, central tank batteries, a compressor station that 
transports natural gas to a natural gas processing plant, and natural 
gas processing plants.
    Field natural gas means natural gas extracted from a production well 
prior to entering the first stage of processing, such as dehydration.
    Fixed-roof means a cover that is mounted on a storage vessel in a 
stationary manner and that does not move with fluctuations in liquid 
level.
    Flame zone means the portion of the combustion chamber in a 
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.
    Gas-to-oil ratio (GOR) means the number of standard cubic meters of 
gas produced per liter of crude oil or other hydrocarbon liquid.
    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 the percentage 
of overall HAP emission reduction attributable to process modifications, 
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. 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

[[Page 231]]

be considered when determining compliance.
    Hydrocarbon liquid means any naturally occurring, unrefined 
petroleum liquid.
    In VHAP service means that a piece of ancillary equipment or 
compressor either contains or contacts a fluid (liquid or gas) which has 
a total volatile HAP (VHAP) concentration equal to or greater than 10 
percent by weight as determined according to the provisions of Sec. 
63.772(a).
    In wet gas service means that a piece of equipment contains or 
contacts the field gas before the extraction of natural gas liquids.
    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 producing GOR means the producing standard cubic meters of 
gas per liter at the time that the reservoir pressure is above the 
bubble point pressure (or dewpoint pressure for a gas).
    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 oil or gas exploration or production well 
(with its associated equipment, as defined in this section), and 
emissions from any pipeline compressor station or pump station shall not 
be aggregated with emissions from other similar units to determine 
whether such emission points or stations are major sources, even when 
emission points are in a contiguous area or under common control;
    (2) Emissions from processes, operations, or equipment that are not 
part of the same facility, as defined in this section, shall not be 
aggregated; and
    (3) For facilities that are production field facilities, only HAP 
emissions from glycol dehydration units and storage vessels with the 
potential for flash emissions shall be aggregated for a major source 
determination. For facilities that are not production field facilities, 
HAP emissions from all HAP emission units shall be aggregated for a 
major source determination.
    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 liquids (NGL) means the liquid hydrocarbons, such as 
ethane, propane, butane, pentane, natural gasoline, and condensate that 
are extracted from field natural gas.
    Natural gas processing plant (gas plant) means any processing site 
engaged in the extraction of natural gas liquids from field gas, or the 
fractionation of mixed NGL to natural gas products, or a combination of 
both.
    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. 63.772(c); 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. 63.772(f) or (g).
    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 232]]

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).
    Produced water means water that is extracted from the earth from an 
oil or natural gas production well, or that is separated from crude oil, 
condensate, or natural gas after extraction.
    Production field facilities means those facilities located prior to 
the point of custody transfer.
    Production well means any hole drilled in the earth from which crude 
oil, condensate, or field natural gas is extracted.
    Reciprocating compressor means a piece of equipment that increases 
the pressure of a process gas by positive displacement, employing linear 
movement of the drive shaft.
    Safety device means a device that meets both of the following 
conditions: it 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 it 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, or produced water and that is constructed primarily 
of non-earthen materials (e.g., wood, concrete, steel, plastic) that 
provide structural support.
    Storage vessel with the potential for flash emissions means any 
storage vessel that contains a hydrocarbon liquid with a stock tank GOR 
equal to or greater than 0.31 cubic meters per liter and an API gravity 
equal to or greater than 40 degrees and an actual annual average 
hydrocarbon liquid throughput equal to or greater than 79,500 liters per 
day. Flash emissions occur when dissolved hydrocarbons in the fluid 
evolve from solution when the fluid pressure is reduced.
    Surface site means any combination of one or more graded pad sites, 
gravel pad sites, foundations, platforms, or the immediate physical 
location upon which equipment is physically affixed.
    Tank battery means a collection of equipment used to separate, 
treat, store, and transfer crude oil, condensate, natural gas, and 
produced water. A tank battery typically receives crude oil, condensate, 
natural gas, or some combination of these extracted products from 
several production wells for accumulation and separation prior to 
transmission to a natural gas plant or petroleum refinery. A tank 
battery may or may not include a glycol dehydration unit.
    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.

[[Page 233]]

    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.
    UA plus offset and UC is defined as the area occupied by each 
urbanized area, each urban cluster that contains at least 10,000 people, 
and the area located two miles or less from each urbanized area 
boundary.
    Urban-1 County is defined as a county that contains a part of a 
Metropolitan Statistical Area with a population greater than 250,000, 
based on the Office of Management and Budget's Standards for defining 
Metropolitan and Micropolitan Statistical Areas (December 27, 2000), and 
Census 2000 Data released by the U.S. Census Bureau.
    Urbanized area refers to Census 2000 Urbanized Area, which is 
defined in the Urban Area Criteria for Census 2000 (March 15, 2002). 
Essentially, an urbanized area consists of densely settled territory 
with a population of at least 50,000 people.
    Urban cluster refers to a Census 2000 Urban Cluster, which is 
defined in the Urban Area Criteria for Census 2000 (March 15, 2002). 
Essentially, an urban cluster consists of densely settled territory with 
at least 2,500 people but fewer than 50,000 people.
    Volatile hazardous air pollutant concentration or VHAP concentration 
means the fraction by weight of all HAP contained in a material as 
determined in accordance with procedures specified in Sec. 63.772(a).

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 
72 FR 37, Jan. 3, 2007]



Sec. 63.762  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 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, and 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 startup, shutdown, or 
malfunctions does not shield an owner or operator from enforcement 
actions.

[[Page 234]]

    (e) Owners or operators are not required to prepare a startup, 
shutdown, and malfunction plan for any facility where all of the 
affected sources meet the exemption criteria specified in Sec. 
63.764(e), or for any facility that is not located within a UA plus 
offset and UC boundary.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 
72 FR 38, Jan. 3, 2007]



Sec. 63.763  [Reserved]



Sec. 63.764  General standards.

    (a) Table 2 of this subpart specifies the provisions of subpart A 
(General Provisions) of this part 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 (e) of this section, the owner 
or operator of an affected source located at an existing or new major 
source of HAP emissions shall comply with the standards in this subpart 
as specified in paragraphs (c)(1) through (3) of this section.
    (1) For each glycol dehydration unit process vent subject to this 
subpart, the owner or operator shall comply with the requirements 
specified in paragraphs (c)(1)(i) through (iii) of this section.
    (i) The owner or operator shall comply with the control requirements 
for glycol dehydration unit process vents specified in Sec. 63.765;
    (ii) The owner or operator shall comply with the monitoring 
requirements specified in Sec. 63.773; and
    (iii) The owner or operator shall comply with the recordkeeping and 
reporting requirements specified in Sec. Sec. 63.774 and 63.775.
    (2) For each storage vessel with the potential for flash emissions 
subject to this subpart, the owner or operator shall comply with the 
requirements specified in paragraphs (c)(2)(i) through (iii) of this 
section.
    (i) The control requirements for storage vessels specified in Sec. 
63.766;
    (ii) The monitoring requirements specified in Sec. 63.773; and
    (iii) The recordkeeping and reporting requirements specified in 
Sec. Sec. 63.774 and 63.775.
    (3) For ancillary equipment (as defined in Sec. 63.761) and 
compressors at a natural gas processing plant subject to this subpart, 
the owner or operator shall comply with the requirements for equipment 
leaks specified in Sec. 63.769.
    (d) Except as specified in paragraph (e)(1) of this section, the 
owner or operator of an affected source located at an existing or new 
area source of HAP emissions shall comply with the applicable standards 
specified in paragraph (d) of this section.
    (1) Each owner or operator of an area source located within an UA 
plus offset and UC boundary (as defined in Sec. 63.761) shall comply 
with the provisions specified in paragraphs (d)(1)(i) through (iii) of 
this section.
    (i) The control requirements for glycol dehydration unit process 
vents specified in Sec. 63.765;
    (ii) The monitoring requirements specified in Sec. 63.773; and
    (iii) The recordkeeping and reporting requirements specified in 
Sec. Sec. 63.774 and 63.775.
    (2) Each owner or operator of an area source not located in a UA 
plus offset and UC boundary (as defined in Sec. 63.761) shall comply 
with paragraphs (d)(2)(i) through (iii) of this section.
    (i) Determine the optimum glycol circulation rate using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR02JA07.001

Where:

LOPT = Optimal circulation rate, gal/hr.
F = Gas flowrate (MMSCF/D).
I = Inlet water content (lb/MMSCF).
O = Outlet water content (lb/MMSCF).
3.0 = The industry accepted rule of thumb for a TEG-to water ratio (gal 
          TEG/lb H2O).
1.15 = Adjustment factor included for a margin of safety.

    (ii) Operate the TEG dehydration unit such that the actual glycol 
circulation rate does not exceed the optimum glycol circulation rate 
determined in accordance with paragraph

[[Page 235]]

(d)(2)(i) of this section. If the TEG dehydration unit is unable to meet 
the sales gas specification for moisture content using the glycol 
circulation rate determined in accordance with paragraph (d)(2)(i), the 
owner or operator must calculate an alternate circulation rate using 
GRI-GLYCalcTM, Version 3.0 or higher. The owner or operator 
must document why the TEG dehydration unit must be operated using the 
alternate circulation rate and submit this documentation with the 
initial notification in accordance with Sec. 63.775(c)(7).
    (iii) Maintain a record of the determination specified in paragraph 
(d)(2)(ii) in accordance with the requirements in Sec. 63.774(f) and 
submit the Initial Notification in accordance with the requirements in 
Sec. 63.775(c)(7). If operating conditions change and a modification to 
the optimum glycol circulation rate is required, the owner or operator 
shall prepare a new determination in accordance with paragraph (d)(2)(i) 
or (ii) of this section and submit the information specified under Sec. 
63.775(c)(7)(ii) through (v).
    (e) Exemptions. (1) The owner or operator is exempt from the 
requirements of paragraph (c)(1) and (d) of this section if the criteria 
listed in paragraph (e)(1)(i) or (ii) of this section are met, except 
that the records of the determination of these criteria must be 
maintained as required in Sec. 63.774(d)(1).
    (i) The actual annual average flowrate of natural gas to the glycol 
dehydration unit is less than 85 thousand standard cubic meters per day, 
as determined by the procedures specified in Sec. 63.772(b)(1) of this 
subpart; or
    (ii) The actual average emissions of benzene from the glycol 
dehydration unit process vent to the atmosphere are less than 0.90 
megagram per year, as determined by the procedures specified in Sec. 
63.772(b)(2) of this subpart.
    (2) The owner or operator is exempt from the requirements of 
paragraph (c)(3) of this section for ancillary equipment (as defined in 
Sec. 63.761) and compressors at a natural gas processing plant subject 
to this subpart if the criteria listed in paragraph (e)(2)(i) or (ii) of 
this section are met, except that the records of the determination of 
these criteria must be maintained as required in Sec. 63.774(d)(2).
    (i) Any ancillary equipment and compressors that contain or contact 
a fluid (liquid or gas) must have a total VHAP concentration less than 
10 percent by weight, as determined by the procedures specified in Sec. 
63.772(a); or
    (ii) That ancillary equipment and compressors must operate in VHAP 
service less than 300 hours per calendar year.
    (f) Each owner or operator of a major HAP source subject to this 
subpart is required to apply for a 40 CFR part 70 or part 71 operating 
permit from the appropriate permitting authority. If the Administrator 
has approved a State operating permit program under 40 CFR 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 of a source 
shall apply to the EPA Regional Office pursuant to 40 CFR part 71.
    (g)-(h) [Reserved]
    (i) 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 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 
72 FR 38, Jan. 3, 2007]



Sec. 63.765  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 85 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, that must be 
controlled for HAP emissions as specified in either paragraph (c)(1)(i) 
or paragraph (d)(1)(i) of Sec. 63.764.

[[Page 236]]

    (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. 63.771(c). The control 
device(s) shall be designed and operated in accordance with the 
requirements of Sec. 63.771(d).
    (ii) The owner or operator shall connect the process vent to a 
control device or combination of control devices through a closed-vent 
system and the outlet benzene emissions from the control device(s) shall 
be reduced to a level less than 0.90 megagrams per year. The closed-vent 
system shall be designed and operated in accordance with the 
requirements of Sec. 63.771(c). The control device(s) shall be designed 
and operated in accordance with the requirements of Sec. 63.771(d), 
except that the performance levels specified in Sec. 63.771(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 requirements 
specified in paragraphs (c)(1) through (3) of this section.
    (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. 63.771(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) of this section, 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 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 
72 FR 38, Jan. 3, 2007]



Sec. 63.766  Storage vessel standards.

    (a) This section applies to each storage vessel with the potential 
for flash emissions (as defined in Sec. 63.761) subject to this 
subpart.
    (b) The owner or operator of a storage vessel with the potential for 
flash emissions (as defined in Sec. 63.761) shall comply with one of 
the control requirements specified in paragraphs (b)(1) and (2) of this 
section.
    (1) The owner or operator shall equip the affected storage vessel 
with the potential for flash emissions with a cover that is connected, 
through a closed-vent system that meets the conditions specified in 
Sec. 63.771(c), to a control device or a combination of control devices 
that meets any of the conditions specified in Sec. 63.771(d). The cover 
shall be designed and operated in accordance with the requirements of 
Sec. 63.771(b).
    (2) The owner or operator of a pressure storage vessel that is 
designed to operate as a closed system shall operate the storage vessel 
with no detectable emissions at all times that material