[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2011 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Part 63 (Sec. Sec. 63.1200 to 63.1439)
Revised as of July 1, 2011
Containing a codification of documents of general
applicability and future effect
As of July 1, 2011
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 681
Alphabetical List of Agencies Appearing in the CFR...... 701
List of CFR Sections Affected........................... 711
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 63.1200
refers to title 40, part
63, section 1200.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
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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
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[[Page vi]]
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[[Page vii]]
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July 1, 2011.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-three
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
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts
72-80, parts 81-84, part 85-Sec. 86.599-99, part 86 (86.600-1-end of
part 86), parts 87-95, parts 96-99, 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, parts 790-999, and part
1000 to end. The contents of these volumes represent all current
regulations codified under this title of the CFR as of July 1, 2011.
Chapter I--Environmental Protection Agency appears in all thirty-
three volumes. Regulations issued by the Council on Environmental
Quality, including an Index to Parts 1500 through 1508, appear in the
volume containing part 1000 to end. The OMB control numbers for title 40
appear in Sec. 9.1 of this chapter.
For this volume, Robert J. Sheehan, III was Chief Editor. The Code
of Federal Regulations publication program is under the direction of
Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 63, Sec. Sec. 63.1200 to 63.1439)
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Part
chapter i--Environmental Protection Agency (Continued)...... 63
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
63 National emission standards for hazardous
air pollutants for source categories
(continued)............................. 5
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR
SOURCE CATEGORIES--Table of Contents
Subpart EEE_National Emission Standards for Hazardous Air Pollutants
from Hazardous Waste Combustors
General
Sec.
63.1200 Who is subject to these regulations?
63.1201 Definitions and acronyms used in this subpart.
63.1202 [Reserved]
Interim Emissions Standards and Operating Limits For Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
63.1203 What are the standards for hazardous waste incinerators that are
effective until compliance with the standards under Sec.
63.1219?
63.1204 What are the standards for hazardous waste burning cement kilns
that are effective until compliance with the standards under
Sec. 63.1220?
63.1205 What are the standards for hazardous waste burning lightweight
aggregate kilns that are effective until compliance with the
standards under Sec. 63.1221?
Monitoring and Compliance Provisions
63.1206 When and how must you comply with the standards and operating
requirements?
63.1207 What are the performance testing requirements?
63.1208 What are the test methods?
63.1209 What are the monitoring requirements?
Notification, Reporting and Recordkeeping
63.1210 What are the notification requirements?
63.1211 What are the recordkeeping and reporting requirements?
Other
63.1212 What are the other requirements pertaining to the NIC?
63.1213 How can the compliance date be extended to install pollution
prevention or waste minimization controls?
63.1214 Implementation and enforcement.
63.1215 What are the health-based compliance alternatives for total
chlorine?
Emissions Standards and Operating Limits for Solid Fuel Boilers, Liquid
Fuel Boilers, and Hydrochloric Acid Production Furnaces
63.1216 What are the standards for solid fuel boilers that burn
hazardous waste?
63.1217 What are the standards for liquid fuel boilers that burn
hazardous waste?
63.1218 What are the standards for hydrochloric acid production furnaces
that burn hazardous waste?
Replacement Emissions Standards and Operating Limits for Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
63.1219 What are the replacement standards for hazardous waste
incinerators?
63.1220 What are the replacement standards for hazardous waste burning
cement kilns?
63.1221 What are the replacement standards for hazardous waste burning
lightweight aggregate kilns?
Table 1 to Subpart EEE--General Provisions Applicable to Subpart EEE
Appendix to Subpart EEE--Quality Assurance Procedures for Continuous
Emissions Monitors Used for Hazardous Waste Combustors
Subpart FFF [Reserved]
Subpart GGG_National Emission Standards for Pharmaceuticals Production
63.1250 Applicability.
63.1251 Definitions.
63.1252 Standards: General.
63.1253 Standards: Storage tanks.
63.1254 Standards: Process vents.
63.1255 Standards: Equipment leaks.
63.1256 Standards: Wastewater.
63.1257 Test methods and compliance procedures.
63.1258 Monitoring requirements.
63.1259 Recordkeeping requirements.
63.1260 Reporting requirements.
63.1261 Implementation and enforcement.
Table 1 to Subpart GGG--General Provisions Applicability to Subpart GGG
Table 2 to Subpart GGG--Partially Soluble HAP
Table 3 to Subpart GGG--Soluble HAP
Table 4 to Subpart GGG--Monitoring Requirements for Control Devices
Table 5 to Subpart GGG--Control Requirements for Items of Equipment That
Meet the Criteria of Sec. 63.1252(f)
Table 6 to Subpart GGG--Wastewater--Compliance Options for Wastewater
Tanks
[[Page 6]]
Table 7 to Subpart GGG--Wastewater--Inspection and Monitoring
Requirements for Waste Management Units
Table 8 to Subpart GGG--Fraction Measured (Fm) for HAP
Compounds in Wastewater Streams
Table 9 to Subpart GGG--Default Biorates for List 1 Compounds
Subpart HHH_National Emission Standards for Hazardous Air Pollutants
From Natural Gas Transmission and Storage Facilities
63.1270 Applicability and designation of affected source.
63.1271 Definitions.
63.1272 Startups, shutdowns, and malfunctions.
63.1273 [Reserved]
63.1274 General standards.
63.1275 Glycol dehydration unit process vent standards.
63.1276-63.1280 [Reserved]
63.1281 Control equipment requirements.
63.1282 Test methods, compliance procedures, and compliance
demonstrations.
63.1283 Inspection and monitoring requirements.
63.1284 Recordkeeping requirements.
63.1285 Reporting requirements.
63.1286 Implementation and enforcement.
63.1287 Alternative means of emission limitation.
63.1288-63.1289 [Reserved]
Appendix: Table 1 to Subpart HHH--List of Hazardous Air Pollutants (HAP)
for Subpart HHH
Appendix: Table 2 to Subpart HHH--Applicability of 40 CFR Part 63
General Provisions to Subpart HHH
Subpart III_National Emission Standards for Hazardous Air Pollutants for
Flexible Polyurethane Foam Production
63.1290 Applicability.
63.1291 Compliance schedule.
63.1292 Definitions.
63.1293 Standards for slabstock flexible polyurethane foam production.
63.1294 Standards for slabstock flexible polyurethane foam production--
diisocyanate emissions.
63.1295 Standards for slabstock flexible polyurethane foam production--
HAP ABA storage vessels.
63.1296 Standards for slabstock flexible polyurethane foam production--
HAP ABA equipment leaks.
63.1297 Standards for slabstock flexible polyurethane foam production--
HAP ABA emissions from the production line.
63.1298 Standards for slabstock flexible polyurethane foam production--
HAP emissions from equipment cleaning.
63.1299 Standards for slabstock flexible polyurethane foam production--
source-wide emission limitation.
63.1300 Standards for molded flexible polyurethane foam production.
63.1301 Standards for rebond foam production.
63.1302 Applicability of subpart A requirements.
63.1303 Monitoring requirements.
63.1304 Testing requirements.
63.1305 Alternative means of emission limitation.
63.1306 Reporting requirements.
63.1307 Recordkeeping requirements.
63.1308 Compliance demonstrations.
63.1309 Implementation and enforcement.
Appendix to Subpart III--Tables: Note
Table 1 to Subpart III--HAP ABA Formulation Limitations Matrix for New
Sources [see Sec. 63.1297(d)(2)]
Table 2 to Subpart III--Applicability of General Provisions (40 CFR Part
63, Subpart A) to Subpart III
Table 3 to Subpart III--Compliance Requirements for Slabstock Foam
Production Affected Sources Complying with the Emission Point
Specific Limitations
Table 4 to Subpart III--Compliance Requirements for Slabstock Foam
Production Affected Sources Complying With the Source-Wide
Emission Limitation
Table 5 to Subpart III--Compliance Requirements for Molded and Rebond
Foam Production Affected Sources
Subpart JJJ_National Emission Standards for Hazardous Air Pollutant
Emissions: Group IV Polymers and Resins
63.1310 Applicability and designation of affected sources.
63.1311 Compliance dates and relationship of this supbart to existing
applicable rules.
63.1312 Definitions.
63.1313 Emission standards.
63.1314 Storage vessel provisions.
63.1315 Continuous process vents provisions.
63.1316 PET and polystyrene affected sources--emissions control
provisions.
63.1317 PET and polystyrene affected sources--monitoring provisions.
63.1318 PET and polystyrene affected sources--testing and compliance
demonstration provisions.
63.1319 PET and polystyrene affected sources--recordkeeping provisions.
63.1320 PET and polystyrene affected sources--reporting provisions.
63.1321 Batch process vents provisions.
63.1322 Batch process vents--reference control technology.
63.1323 Batch process vents--methods and procedures for group
determination.
[[Page 7]]
63.1324 Batch process vents--monitoring equipment.
63.1325 Batch process vents--performance test methods and procedures to
determine compliance.
63.1326 Batch process vents--recordkeeping provisions.
63.1327 Batch process vents--reporting requirements.
63.1328 Heat exchange systems provisions.
63.1329 Process contact cooling towers provisions.
63.1330 Wastewater provisions.
63.1331 Equipment leak provisions.
63.1332 Emissions averaging provisions.
63.1333 Additional requirements for performance testing.
63.1334 Parameter monitoring levels and excursions.
63.1335 General recordkeeping and reporting provisions.
63.1336 Implementation and enforcement.
Table 1 to Subpart JJJ--Applicability of General Provisions to Subpart
JJJ Affected Sources
Table 2 to Subpart JJJ--Group 1 Storage Vessels at Existing Affected
Sources
Table 3 to Subpart JJJ--Group 1 Storage Vessels at Existing Affected
Sources Producing the Listed Thermoplastics
Table 4 to Subpart JJJ--Group 1 Storage Vessels at New Affected Sources
Table 5 to Subpart JJJ--Group 1 Storage Vessels at New Affected Sources
Producing the Listed Thermoplastics
Table 6 to Subpart JJJ--Known Organic HAP Emitted From the Production of
Thermoplastic Products
Table 7 to Subpart JJJ--Group 1 Batch Process Vents and Aggregate Batch
Vent Streams--Monitoring, Recordkeeping, and Reporting
Requirements
Table 8 to Subpart JJJ--Operating Parameters for Which Levels Are
Required To Be Established for Continuous and Batch Process
Vents and Aggregate Batch Vent Streams
Table 9 to Subpart JJJ--Routine Reports Required by This Subpart
Subpart KKK [Reserved]
Subpart LLL_National Emission Standards for Hazardous Air Pollutants
From the Portland Cement Manufacturing Industry
General
63.1340 What parts of my plant does this subpart cover?
63.1341 Definitions.
Emission Standards and Operating Limits
63.1342 Standards: General.
63.1343 What standards apply to my kilns, clinker coolers, raw material
dryers, and open clinker piles?
63.1344 Affirmative defense for exceedance of emission limit during
malfunction.
63.1345 Emissions limits for affected sources other than kilns; in-line
kiln/raw mills; clinker coolers; new and reconstructed raw
material dryers; and raw and finish mills, and open clinker
piles.
63.1346 Operating limits for kilns.
63.1347 Operation and maintenance plan requirements.
63.1348 Compliance requirements.
Monitoring and Compliance Provisions
63.1349 Performance testing requirements.
63.1350 Monitoring requirements.
63.1351 Compliance dates.
63.1352 Additional test methods.
Notification, Reporting and Recordkeeping
63.1353 Notification requirements.
63.1354 Reporting requirements.
63.1355 Recordkeeping requirements.
Other
63.1356 Sources with multiple emission limits or monitoring
requirements.
63.1357 Temporary, conditioned exemption from particulate and opacity
standards.
63.1358 Implementation and enforcement.
63.1359 [Reserved]
Table 1 to Subpart LLL--Applicability of General Provisions
Subpart MMM_National Emission Standards for Hazardous Air Pollutants for
Pesticide Active Ingredient Production
63.1360 Applicability.
63.1361 Definitions.
63.1362 Standards.
63.1363 Standards for equipment leaks.
63.1364 Compliance dates.
63.1365 Test methods and initial compliance procedures.
63.1366 Monitoring and inspection requirements.
63.1367 Recordkeeping requirements.
63.1368 Reporting requirements.
63.1369 Implementation and enforcement.
Table 1 to Subpart MMM--General Provisions Applicability to Subpart MMM.
Table 2 to Subpart MMM--Standards for New and Existing PAI Sources.
Table 3 to Subpart MMM--Monitoring Requirements for Control Devices.
Table 4 to Subpart MMM--Control Requirements for Items of Equipment that
Meet the Criteria of Sec. 63.1362(k).
Subpart NNN_National Emission Standards for Hazardous Air Pollutants for
Wool Fiberglass Manufacturing
63.1380 Applicability.
63.1381 Definitions.
[[Page 8]]
63.1382 Emission standards.
63.1383 Monitoring requirements.
63.1384 Performance test requirements.
63.1385 Test methods and procedures.
63.1386 Notification, recordkeeping, and reporting requirements.
63.1387 Compliance dates.
63.1388 Implementation and enforcement.
63.1389-63.1399 [Reserved]
Table 1 to Subpart NNN--Applicability of general provisions (40 CFR part
63, subpart A) to subpart NNN.
Appendix A to Subpart NNN--Method for the determination of LOI
Appendix B to Subpart NNN--Free formaldehyde analysis of insulation
resins by hydroxylamine hydrochloride
Appendix C to Subpart NNN--Method for the determination of product
density
Subpart OOO_National Emission Standards for Hazardous Air Pollutant
Emissions: Manufacture of Amino/Phenolic Resins
63.1400 Applicability and designation of affected sources.
63.1401 Compliance schedule.
63.1402 Definitions.
63.1403 Emission standards.
63.1404 Storage vessel provisions.
63.1405 Continuous process vent provisions.
63.1406 Reactor batch process vent provisions.
63.1407 Non-reactor batch process vent provisions.
63.1408 Aggregate batch vent stream provisions.
63.1409 Heat exchange system provisions.
63.1410 Equipment leak provisions.
63.1411 [Reserved]
63.1412 Continuous process vent applicability assessment procedures and
methods.
63.1413 Compliance demonstration procedures.
63.1414 Test methods and emission estimation equations.
63.1415 Monitoring requirements.
63.1416 Recordkeeping requirements.
63.1417 Reporting requirements.
63.1418 [Reserved]
63.1419 Implementation and enforcement.
Table 1 to Subpart OOO--Applicability of General Provisions to Subpart
OOO Affected Sources
Table 2 to Subpart OOO--Known Organic Hazardous Air Pollutants (HAP)
From the Manufacture of Amino/Phenolic Resins
Table 3 to Subpart OOO--Batch Process Vent Monitoring Requirements
Table 4 to Subpart OOO--Operating Parameter Levels
Table 5 to Subpart OOO--Reports Required by This Subpart
Table 6 to Subpart OOO--Coefficients for Total Resource Effectiveness
Subpart PPP_National Emission Standards for Hazardous Air Pollutant
Emissions for Polyether Polyols Production
63.1420 Applicability and designation of affected sources.
63.1421 Implementation and enforcement.
63.1422 Compliance dates and relationship of this rule to existing
applicable rules.
63.1423 Definitions.
63.1424 Emission standards.
63.1425 Process vent control requirements.
63.1426 Process vent requirements for determining organic HAP
concentration, control efficiency, and aggregated organic HAP
emission reduction for a PMPU.
63.1427 Process vent requirements for processes using extended cookout
as an epoxide emission reduction technique.
63.1428 Process vent requirements for group determination of PMPUs using
a nonepoxide organic HAP to make or modify the product.
63.1429 Process vent monitoring requirements.
63.1430 Process vent reporting and recordkeeping requirements.
63.1431 Process vent annual epoxides emission factor plan requirements.
63.1432 Storage vessel provisions.
63.1433 Wastewater provisions.
63.1434 Equipment leak provisions.
63.1435 Heat exchanger provisions.
63.1436 [Reserved]
63.1437 Additional requirements for performance testing.
63.1438 Parameter monitoring levels and excursions.
63.1439 General recordkeeping and reporting provisions.
Table 1 to Subpart PPP--Applicability of General Provisions to Subpart
PPP Affected Sources
Table 2 to Subpart PPP--Applicability of Subparts F, G, H, and U to
Subpart PPP Affected Sources
Table 3 to Subpart PPP--Group 1 Storage Vessels at Existing and New
Affected Sources
Table 4 to Subpart PPP--Known Organic HAP From Polyether Polyol Products
Table 5 to Subpart PPP--Process Vents From Batch Unit Operations--
Monitoring, Recordkeeping, and Reporting Requirements
Table 6 to Subpart PPP--Process Vents From Continuous Unit Operations--
Monitoring, Recordkeeping, and Reporting Requirements
Table 7 to Subpart PPP--Operating Parameters for Which Monitoring Levels
are Required To Be Established for Process Vents Streams
[[Page 9]]
Table 8 to Subpart PPP--Routine Reports Required by This Subpart
Authority: 42 U.S.C. 7401 et seq.
Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
Subpart EEE_National Emission Standards for Hazardous Air Pollutants
from Hazardous Waste Combustors
Source: 64 FR 53038, Sept. 30, 1999, unless otherwise noted.
General
Sec. 63.1200 Who is subject to these regulations?
The provisions of this subpart apply to all hazardous waste
combustors: hazardous waste incinerators, hazardous waste cement kilns,
hazardous waste lightweight aggregate kilns, hazardous waste solid fuel
boilers, hazardous waste liquid fuel boilers, and hazardous waste
hydrochloric acid production furnaces. Hazardous waste combustors are
also subject to applicable requirements under parts 260 through 270 of
this chapter.
(a) What if I am an area source? (1) Both area sources and major
sources are subject to this subpart.
(2) Both area sources and major sources subject to this subpart, but
not previously subject to title V, are immediately subject to the
requirement to apply for and obtain a title V permit in all States, and
in areas covered by part 71 of this chapter.
(b) These regulations in this subpart do not apply to sources that
meet the criteria in Table 1 of this Section, as follows:
Table 1 to Sec. 63.1200--Hazardous Waste Combustors Exempt From
Subpart EEE
------------------------------------------------------------------------
If And if Then
------------------------------------------------------------------------
(1) You are a previously (i) You ceased feeding You are no
affected source. hazardous waste for a longer subject
period of time to this subpart
greater than the (Subpart EEE).
hazardous waste
residence time (i.e.,
hazardous waste no
longer resides in the
combustion chamber);.
(ii) You have
initiated the closure
requirements of
subpart G, parts 264
or 265 of this
chapter;.
(iii) You begin
complying with the
requirements of all
other applicable
standards of this
part (Part 63); and.
(iv) You notify the
Administrator in
writing that you are
no longer an affected
source under this
subpart (Subpart EEE).
(2) You are a research, You operate for no You are not
development, and longer than one year subject to this
demonstration source. after first burning subpart
hazardous waste (Note (Subpart EEE).
that the This exemption
Administrator can applies even if
extend this one-year there is a
restriction on a case- hazardous waste
by-case basis upon combustor at
your written request the plant site
documenting when you that is
first burned regulated under
hazardous waste and this subpart.
the justification for You still,
needing additional however, remain
time to perform subject to Sec.
research, 270.65 of
development, or this chapter.
demonstration
operations)..
(3) The only hazardous wastes ...................... You are not
you burn are exempt from subject to the
regulation under Sec. requirements of
266.100(c) of this chapter. this subpart
(Subpart EEE).
(4) You meet the definition of ...................... You are not
a small quantity burner under subject to the
Sec. 266.108 of this requirements of
chapter. this subpart
(Subpart EEE).
------------------------------------------------------------------------
(c) Table 1 of this section specifies the provisions of subpart A
(General Provisions, Sec. Sec. 63.1-63.15) that apply and those that do
not apply to sources affected by this subpart.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000;
67 FR 6986, Feb. 14, 2002; 70 FR 59540, Oct. 12, 2005]
Sec. 63.1201 Definitions and acronyms used in this subpart.
(a) The terms used in this subpart are defined in the Act, in
subpart A of this part, or in this section as follows:
Air pollution control system means the equipment used to reduce the
release of particulate matter and other pollutants to the atmosphere.
[[Page 10]]
Automatic waste feed cutoff (AWFCO) system means a system comprised
of cutoff valves, actuator, sensor, data manager, and other necessary
components and electrical circuitry designed, operated and maintained to
stop the flow of hazardous waste to the combustion unit automatically
and immediately (except as provided by Sec. 63.1206(c)(3)(viii)) when
any operating requirement is exceeded.
Btu means British Thermal Units.
By-pass duct means a device which diverts a minimum of 10 percent of
a cement kiln's off gas, or a device which the Administrator determines
on a case-by-case basis diverts a sample of kiln gas that contains
levels of carbon monoxide or hydrocarbons representative of the levels
in the kiln.
Combustion chamber means the area in which controlled flame
combustion of hazardous waste occurs.
Continuous monitor means a device which continuously samples the
regulated parameter specified in Sec. 63.1209 without interruption,
evaluates the detector response at least once every 15 seconds, and
computes and records the average value at least every 60 seconds, except
during allowable periods of calibration and except as defined otherwise
by the CEMS Performance Specifications in appendix B, part 60 of this
chapter.
Dioxin/furan and dioxins and furans mean tetra-, penta-, hexa-,
hepta-, and octa-chlorinated dibenzo dioxins and furans.
Existing source means any affected source that is not a new source.
Feedrate operating limits means limits on the feedrate of materials
(e.g., metals, chlorine) to the combustor that are established based on
comprehensive performance testing. The limits are established and
monitored by knowing the concentration of the limited material (e.g.,
chlorine) in each feedstream and the flowrate of each feedstream.
Feedstream means any material fed into a hazardous waste combustor,
including, but not limited to, any pumpable or nonpumpable solid,
liquid, or gas.
Flowrate means the rate at which a feedstream is fed into a
hazardous waste combustor.
Hazardous waste is defined in Sec. 261.3 of this chapter.
Hazardous waste burning cement kiln means a rotary kiln and any
associated preheater or precalciner devices that produce clinker by
heating limestone and other materials for subsequent production of
cement for use in commerce, and that burns hazardous waste at any time.
Hazardous waste combustor means a hazardous waste incinerator,
hazardous waste burning cement kiln, hazardous waste burning lightweight
aggregate kiln, hazardous waste liquid fuel boiler, hazardous waste
solid fuel boiler, or hazardous waste hydrochloric acid production
furnace.
Hazardous waste hydrochloric acid production furnace and Hazardous
Waste HCl production furnace mean a halogen acid furnace defined under
Sec. 260.10 of this chapter that produces aqueous hydrochloric acid
(HCl) product and that burns hazardous waste at any time.
Hazardous waste incinerator means a device defined as an incinerator
in Sec. 260.10 of this chapter and that burns hazardous waste at any
time. For purposes of this subpart, the hazardous waste incinerator
includes all associated firing systems and air pollution control
devices, as well as the combustion chamber equipment.
Hazardous waste lightweight aggregate kiln means a rotary kiln that
produces clinker by heating materials such as slate, shale and clay for
subsequent production of lightweight aggregate used in commerce, and
that burns hazardous waste at any time.
Hazardous waste liquid fuel boiler means a boiler defined under
Sec. 260.10 of this chapter that does not burn solid fuels and that
burns hazardous waste at any time. Liquid fuel boiler includes boilers
that only burn gaseous fuel.
Hazardous waste residence time means the time elapsed from cutoff of
the flow of hazardous waste into the combustor (including, for example,
the time required for liquids to flow from the cutoff valve into the
combustor) until solid, liquid, and gaseous materials from the hazardous
waste (excluding residues that may adhere to combustion chamber surfaces
and excluding waste-derived recycled materials
[[Page 11]]
such as cement kiln dust and internally recycled metals) exit the
combustion chamber. For combustors with multiple firing systems whereby
the residence time may vary for the firing systems, the hazardous waste
residence time for purposes of complying with this subpart means the
longest residence time for any firing system in use at the time of the
waste cutoff.
Hazardous waste solid fuel boiler means a boiler defined under Sec.
260.10 of this chapter that burns a solid fuel and that burns hazardous
waste at any time.
Initial comprehensive performance test means the comprehensive
performance test that is used as the basis for initially demonstrating
compliance with the standards.
In-line kiln raw mill means a hazardous waste burning cement kiln
design whereby kiln gas is ducted through the raw material mill for
portions of time to facilitate drying and heating of the raw material.
Instantaneous monitoring for combustion system leak control means
detecting and recording pressure, without use of an averaging period, at
a frequency adequate to detect combustion system leak events from
hazardous waste combustion.
Monovent means an exhaust configuration of a building or emission
control device (e.g. positive pressure fabric filter) that extends the
length of the structure and has a width very small in relation to its
length (i.e., length to width ratio is typically greater than 5:1). The
exhaust may be an open vent with or without a roof, louvered vents, or a
combination of such features.
MTEC means maximum theoretical emissions concentration of metals or
HCl/Cl, expressed as [micro]g/dscm, and is calculated by dividing the
feedrate by the gas flowrate.
New source means any affected source the construction or
reconstruction of which is commenced after the dates specified under
Sec. Sec. 63.1206(a)(1)(i)(B), (a)(1)(ii)(B), and (a)(2)(ii).
One-minute average means the average of detector responses
calculated at least every 60 seconds from responses obtained at least
every 15 seconds.
Operating record means a documentation retained at the facility for
ready inspection by authorized officials of all information required by
the standards to document and maintain compliance with the applicable
regulations, including data and information, reports, notifications, and
communications with regulatory officials.
Operating requirements means operating terms or conditions, limits,
or operating parameter limits developed under this subpart that ensure
compliance with the emission standards.
Preheater tower combustion gas monitoring location means a location
within the preheater tower of a dry process cement kiln downstream (in
terms of gas flow) of all hazardous waste firing locations and where a
representative sample of combustion gas to measure combustion efficiency
can be monitored.
Raw material feed means the prepared and mixed materials, which
include but are not limited to materials such as limestone, clay, shale,
sand, iron ore, mill scale, cement kiln dust and flyash, that are fed to
a cement or lightweight aggregate kiln. Raw material feed does not
include the fuels used in the kiln to produce heat to form the clinker
product.
Research, development, and demonstration source means a source
engaged in laboratory, pilot plant, or prototype demonstration
operations:
(1) Whose primary purpose is to conduct research, development, or
short-term demonstration of an innovative and experimental hazardous
waste treatment technology or process; and
(2) Where the operations are under the close supervision of
technically-trained personnel.
Rolling average means the average of all one-minute averages over
the averaging period.
Run means the net period of time during which an air emission sample
is collected under a given set of operating conditions. Three or more
runs constitutes a test. Unless otherwise specified, a run may be either
intermittent or continuous.
Run average means the average of the one-minute average parameter
values for a run.
System removal efficiency means [1 - Emission Rate (mass/time) /
Feedrate (mass/time)] X 100.
[[Page 12]]
TEQ means the international method of expressing toxicity
equivalents for dioxins and furans as defined in U.S. EPA, Interim
Procedures for Estimating Risks Associated with Exposures to Mixtures of
Chlorinated Dibenzo-p-dioxins and -dibenzofurans (CDDs and CDFs) and
1989 Update, March 1989.
You means the owner or operator of a hazardous waste combustor.
(b) The acronyms used in this subpart refer to the following:
AWFCO means automatic waste feed cutoff.
CAS means chemical abstract services registry.
CEMS means continuous emissions monitoring system.
CMS means continuous monitoring system.
DRE means destruction and removal efficiency.
MACT means maximum achievable control technology.
MTEC means maximum theoretical emissions concentration.
NIC means notification of intent to comply.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000;
65 FR 67271, Nov. 9, 2000; 66 FR 35103, July 3, 2001; 67 FR 6986, Feb.
14, 2002; 67 FR 77691, Dec. 19, 2002; 70 FR 59540, Oct. 12, 2005]
Sec. 63.1202 [Reserved]
Interim Emissions Standards and Operating Limits For Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
Sec. 63.1203 What are the standards for hazardous waste incinerators
that are effective until compliance with the standards
under Sec. 63.1219?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial particulate matter control device is 400 [deg]F or lower based
on the average of the test run average temperatures. (For purposes of
compliance, operation of a wet particulate control device is presumed to
meet the 400 [deg]F or lower requirement);
(2) Mercury in excess of 130 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 240 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 97 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrochloric acid and chlorine gas in excess of 77 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 34 mg/dscm corrected to 7
percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) Dioxins and furans in excess of 0.20 ng TEQ/dscm, corrected to 7
percent oxygen;
(2) Mercury in excess of 45 [micro]g/dscm corrected to 7 percent
oxygen;
[[Page 13]]
(3) Lead and cadmium in excess of 120 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 97 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrochloric acid and chlorine gas in excess of 21 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 34 mg/dscm corrected to 7
percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1-(Wout / Win)] x 100%
Where:
Win = mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE) of
99.9999% for each principle organic hazardous constituent (POHC) that
you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section to calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
[[Page 14]]
(1) The date that your source begins to comply with Sec. 63.1219 by
placing a Documentation of Compliance in the operating record pursuant
to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1219 by
submitting a Notification of Compliance pursuant to Sec. 63.1210(b); or
(3) The date for your source to comply with Sec. 63.1219 pursuant
to Sec. 63.1206 and any extensions granted there under.
[67 FR 6809, Feb. 13, 2002, as amended at 70 FR 59541, Oct. 12, 2005; 73
FR 18979, Apr. 8, 2008]
Sec. 63.1204 What are the standards for hazardous waste burning
cement kilns that are effective until compliance with the standards
under Sec. 63.1220?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 330 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 56 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, either:
(A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling
system in excess of 100 parts per million by volume, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis and corrected to 7 percent oxygen. If you
elect to comply with this carbon monoxide standard rather than the
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you
must also document that, during the destruction and removal efficiency
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(B) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane;
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, either:
(A) Hydrocarbons in the main stack in excess of 20 parts per million
by volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(B) Carbon monoxide in the main stack in excess of 100 parts per
million by volume, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis
and corrected to 7 percent oxygen. If you elect to comply with this
carbon monoxide standard rather than the hydrocarbon standard under
paragraph (a)(5)(ii)(A) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons in the main
stack do not exceed 20 parts per million by volume during those runs,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane.
(6) Hydrochloric acid and chlorine gas in excess of 130 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis, corrected to 7 percent oxygen; and
[[Page 15]]
(7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity
greater than 20 percent.
(i) You must use suitable methods to determine the kiln raw material
feedrate.
(ii) Except as provided in paragraph (a)(7)(iii) of this section,
you must compute the particulate matter emission rate, E, from the
following equation:
E=(CsxQsd)/P
Where:
E=emission rate of particulate matter, kg/Mg of kiln raw material feed;
Cs=concentration of particulate matter, kg/dscm;
Qsd=volumetric flowrate of effluent gas, dscm/hr; and
P=total kiln raw material feed (dry basis), Mg/hr.
(iii) If you operate a preheater or preheater/precalciner kiln with
dual stacks, you must test simultaneously and compute the combined
particulate matter emission rate, Ec, from the following
equation:
Ec=(CskxQsdk+CsbxQsdb
)/P
Where:
Ec=the combined emission rate of particulate matter from the
kiln and bypass stack, kg/Mg of kiln raw material feed;
Csk=concentration of particulate matter in the kiln effluent,
kg/dscm;
Qsdk=volumetric flowrate of kiln effluent gas, dscm/hr;
Csb=concentration of particulate matter in the bypass stack
effluent, kg/dscm;
Qsdb=volumetric flowrate of bypass stack effluent gas, dscm/
hr; and
P = total kiln raw material feed (dry basis), Mg/hr.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 180 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 54 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, carbon monoxide and
hydrocarbons emissions are limited in both the bypass duct or midkiln
gas sampling system and the main stack as follows:
(A) Emissions in the by-pass or midkiln gas sampling system are
limited to either:
(1) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this
section, you also must document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(2) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane; and
(B) Hydrocarbons in the main stack are limited, if construction of
the kiln commenced after April 19, 1996 at a plant site where a cement
kiln (whether burning hazardous waste or not) did not previously exist,
to 50 parts per million by volume, over a 30-day block average
(monitored continuously with a continuous monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane.
[[Page 16]]
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, hydrocarbons and carbon monoxide are limited in the
main stack to either:
(A) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane; or
(B)(1) Carbon monoxide not exceeding 100 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen; and
(2) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane at any time during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7); and
(3) If construction of the kiln commenced after April 19, 1996 at a
plant site where a cement kiln (whether burning hazardous waste or not)
did not previously exist, hydrocarbons are limited to 50 parts per
million by volume, over a 30-day block average (monitored continuously
with a continuous monitoring system), dry basis, corrected to 7 percent
oxygen, and reported as propane.
(6) Hydrochloric acid and chlorine gas in excess of 86 parts per
million, combined emissions, expressed as hydrochloric acid equivalents,
dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity
greater than 20 percent.
(i) You must use suitable methods to determine the kiln raw material
feedrate.
(ii) Except as provided in paragraph (a)(7)(iii) of this section,
you must compute the particulate matter emission rate, E, from the
equation specified in paragraph (a)(7)(ii) of this section.
(iii) If you operate a preheater or preheater/precalciner kiln with
dual stacks, you must test simultaneously and compute the combined
particulate matter emission rate, Ec, from the equation
specified in paragraph (a)(7)(iii) of this section.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE=[1-(Wout/Win)]x100%
Where:
Win=mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout=mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE) of
99.9999% for each principle organic hazardous constituent (POHC) that
you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section to calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on
[[Page 17]]
their concentration or mass in the hazardous waste feed, considering the
results of hazardous waste analyses or other data and information.
(d) Cement kilns with in-line kiln raw mills--(1) General. (i) You
must conduct performance testing when the raw mill is on-line and when
the mill is off-line to demonstrate compliance with the emission
standards, and you must establish separate operating parameter limits
under Sec. 63.1209 for each mode of operation, except as provided by
paragraph (d)(1)(iv) of this section.
(ii) You must document in the operating record each time you change
from one mode of operation to the alternate mode and begin complying
with the operating parameter limits for that alternate mode of
operation.
(iii) You must calculate rolling averages for operating parameter
limits as provided by Sec. 63.1209(q)(2).
(iv) If your in-line kiln raw mill has dual stacks, you may assume
that the dioxin/furan emission levels in the by-pass stack and the
operating parameter limits determined during performance testing of the
by-pass stack when the raw mill is off-line are the same as when the
mill is on-line.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine
gas emission standards on a time-weighted average basis under the
following procedures:
(i) Averaging methodology. You must calculate the time-weighted
average emission concentration with the following equation:
Ctotal={Cmill-offx(Tmill-off/
(Tmill-off+Tmill-on
)){time} +{Cmill-onx(Tmill-on /
(Tmill-off+Tmill-on)){time}
Where:
Ctotal=time-weighted average concentration of a regulated
constituent considering both raw mill on time and off time;
Cmill-off=average performance test concentration of regulated
constituent with the raw mill off-line;
Cmill-on=average performance test concentration of regulated
constituent with the raw mill on-line;
Tmill-off=time when kiln gases are not routed through the raw
mill; and
Tmill-on=time when kiln gases are routed through the raw
mill.
(ii) Compliance. (A) If you use this emission averaging provision,
you must document in the operating record compliance with the emission
standards on an annual basis by using the equation provided by paragraph
(d)(2) of this section.
(B) Compliance is based on one-year block averages beginning on the
day you submit the initial notification of compliance.
(iii) Notification. (A) If you elect to document compliance with one
or more emission standards using this emission averaging provision, you
must notify the Administrator in the initial comprehensive performance
test plan submitted under Sec. 63.1207(e).
(B) You must include historical raw mill operation data in the
performance test plan to estimate future raw mill down-time and document
in the performance test plan that estimated emissions and estimated raw
mill down-time will not result in an exceedance of an emission standard
on an annual basis.
(C) You must document in the notification of compliance submitted
under Sec. 63.1207(j) that an emission standard will not be exceeded
based on the documented emissions from the performance test and
predicted raw mill down-time.
(e) Preheater or preheater/precalciner kilns with dual stacks--(1)
General. You must conduct performance testing on each stack to
demonstrate compliance with the emission standards, and you must
establish operating parameter limits under Sec. 63.1209 for each stack,
except as provided by paragraph (d)(1)(iv) of this section for dioxin/
furan emissions testing and operating parameter limits for the by-pass
stack of in-line raw mills.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
(i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:
Ctot = {Cmain x (Qmain /
(Qmain + Qbypass)){time} +
{Cbypassx(Qbypass / (Qmain +
Qbypass)){time}
Where:
[[Page 18]]
Ctot = gas flowrate-weighted average concentration of the
regulated constituent;
Cmain = average performance test concentration demonstrated
in the main stack;
Cbypass = average performance test concentration demonstrated
in the bypass stack;
Qmain = volumetric flowrate of main stack effluent gas; and
Qbypass = volumetric flowrate of bypass effluent gas.
(ii) Compliance. (A) You must demonstrate compliance with the
emission standard(s) using the emission concentrations determined from
the performance tests and the equation provided by paragraph (e)(1) of
this section; and
(B) You must develop operating parameter limits for bypass stack and
main stack flowrates that ensure the emission concentrations calculated
with the equation in paragraph (e)(1) of this section do not exceed the
emission standards on a 12-hour rolling average basis. You must include
these flowrate limits in the Notification of Compliance.
(iii) Notification. If you elect to document compliance under this
emissions averaging provision, you must:
(A) Notify the Administrator in the initial comprehensive
performance test plan submitted under Sec. 63.1207(e). The performance
test plan must include, at a minimum, information describing the
flowrate limits established under paragraph (e)(2)(ii)(B) of this
section; and
(B) Document in the Notification of Compliance submitted under Sec.
63.1207(j) the demonstrated gas flowrate-weighted average emissions that
you calculate with the equation provided by paragraph (e)(2) of this
section.
(f) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(g) [Reserved]
(h) When you comply with the particulate matter requirements of
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New
Source Performance Standard for particulate matter and opacity under
Sec. 60.60 of this chapter.
(i) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
(1) The date that your source begins to comply with Sec. 63.1220 by
placing a Documentation of Compliance in the operating record pursuant
to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1220 by
submitting a Notification of Compliance pursuant to Sec. 63.1210(b); or
(3) The date for your source to comply with Sec. 63.1220 pursuant
to Sec. 63.1206 and any extensions granted there under.
[67 FR 6809, Feb. 13, 2002, as amended at 67 FR 6987, Feb. 14, 2002; 70
FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008]
Sec. 63.1205 What are the standards for hazardous waste burning
lightweight aggregate kilns that are effective until compliance
with the standards under Sec.
63.1221?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery
system) to 400 [deg]F or lower based on the average of the test run
average temperatures. You must also notify in writing the RCRA authority
that you are complying with this option;
(2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 250 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 110 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply with
this carbon monoxide standard rather than the hydrocarbon
[[Page 19]]
standard under paragraph (a)(5)(ii) of this section, you also must
document that, during the destruction and removal efficiency (DRE) test
runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons do not exceed 20 parts per million by volume during those
runs, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) Hydrochloric acid and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 57 mg/dscm corrected to 7
percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery
system) to 400 [deg]F or lower based on the average of the test run
average temperatures. You must also notify in writing the RCRA authority
that you are complying with this option;
(2) Mercury in excess of 120 [micro]g/dscm corrected to 7 percent
oxygen;
(3) Lead and cadmium in excess of 43 [micro]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 110 [micro]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply with
this carbon monoxide standard rather than the hydrocarbon standard under
paragraph (b)(5)(ii) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 20 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) Hydrochloric acid and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
(7) Particulate matter in excess of 57 mg/dscm corrected to 7
percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principal organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1--(Wout / Win)] x 100%
Where:
Win = mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE) of
99.9999% for each principal organic hazardous constituent (POHC) that
you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-dioxins and
[[Page 20]]
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section to calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to burn hazardous wastes F020, F021, F022,
F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
(1) The date that your source begins to comply with Sec. 63.1221 by
placing a Documentation of Compliance in the operating record pursuant
to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1221 by
submitting a Notification of Compliance pursuant to Sec. 63.1210(b); or
(3) The date for your source to comply with Sec. 63.1221 pursuant
to Sec. 63.1206 and any extensions granted there under.
[67 FR 6812, Feb. 13, 2002, as amended at 67 FR 77691, Dec. 19, 2002; 70
FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008]
Monitoring and Compliance Provisions
Sec. 63.1206 When and how must you comply with the standards and
operating requirements?
(a) Compliance dates--(1) Compliance dates for incinerators, cement
kilns, and lightweight aggregate kilns that burn hazardous waste--(i)
Compliance date for standards under Sec. Sec. 63.1203, 63.1204, and
63.1205--(A) Compliance dates for existing sources. You must comply with
the emission standards under Sec. Sec. 63.1203, 63.1204, and 63.1205
and the other requirements of this subpart no later than the compliance
date, September 30, 2003, unless the Administrator grants you an
extension of time under Sec. 63.6(i) or Sec. 63.1213, except:
(1) Cement kilns are exempt from the bag leak detection system
requirements under paragraph (c)(8) of this section;
(2) The bag leak detection system required under Sec. 63.1206(c)(8)
must be capable of continuously detecting and recording particulate
matter emissions at concentrations of 1.0 milligram per actual cubic
meter unless you demonstrate under Sec. 63.1209(g)(1) that a higher
detection limit would adequately detect bag leaks, in lieu of the
requirement for the higher detection limit under paragraph (c)(8)(ii)(A)
of this section; and
(3) The excessive exceedances notification requirements for bag leak
detection systems under paragraph (c)(8)(iv) of this section are waived.
(B) New or reconstructed sources. (1) If you commenced construction
or reconstruction of your hazardous waste combustor after April 19,
1996, you must comply with the emission standards under Sec. Sec.
63.1203, 63.1204, and 63.1205 and the other requirements of this subpart
by the later of September 30, 1999 or the date the source starts
operations, except as provided by paragraphs (a)(1)(i)(A)(1) through (3)
and (a)(1)(i)(B)(2) of this section. The costs of retrofitting and
replacement of equipment that is installed specifically to comply with
this subpart, between April 19, 1996 and a source's compliance date, are
not considered to be reconstruction costs.
[[Page 21]]
(2) For a standard under Sec. Sec. 63.1203, 63.1204, and 63.1205
that is more stringent than the standard proposed on April 19, 1996, you
may achieve compliance no later than September 30, 2003 if you comply
with the standard proposed on April 19, 1996 after September 30, 1999.
This exception does not apply, however, to new or reconstructed area
source hazardous waste combustors that become major sources after
September 30, 1999. As provided by Sec. 63.6(b)(7), such sources must
comply with the standards under Sec. Sec. 63.1203, 63.1204, and 63.1205
at startup.
(ii) Compliance date for standards under Sec. Sec. 63.1219,
63.1220, and 63.1221--(A) Compliance dates for existing sources. You
must comply with the emission standards under Sec. Sec. 63.1219,
63.1220, and 63.1221 and the other requirements of this subpart no later
than the compliance date, October 14, 2008, unless the Administrator
grants you an extension of time under Sec. 63.6(i) or Sec. 63.1213.
(B) New or reconstructed sources. (1) If you commenced construction
or reconstruction of your hazardous waste combustor after April 20,
2004, you must comply with the new source emission standards under
Sec. Sec. 63.1219, 63.1220, and 63.1221 and the other requirements of
this subpart by the later of October 12, 2005 or the date the source
starts operations, except as provided by paragraphs (a)(1)(ii)(B)(2) and
(a)(1)(ii)(B)(3) of this section. The costs of retrofitting and
replacement of equipment that is installed specifically to comply with
this subpart, between April 20, 2004, and a source's compliance date,
are not considered to be reconstruction costs.
(2) For a standard under Sec. Sec. 63.1219, 63.1220, and 63.1221
that is more stringent than the standard proposed on April 20, 2004, you
may achieve compliance no later than October 14, 2008, if you comply
with the standard proposed on April 20, 2004, after October 12, 2005.
This exception does not apply, however, to new or reconstructed area
source hazardous waste combustors that become major sources after
October 14, 2008. As provided by Sec. 63.6(b)(7), such sources must
comply with the standards under Sec. Sec. 63.1219, 63.1220, and 63.1221
at startup.
(3) If you commenced construction or reconstruction of a cement kiln
after April 20, 2004, you must comply with the new source emission
standard for particulate matter under Sec. 63.1220(b)(7)(i) by the
later of October 28, 2008 or the date the source starts operations.
(2) Compliance date for solid fuel boilers, liquid fuel boilers, and
hydrochloric acid production furnaces that burn hazardous waste for
standards under Sec. Sec. 63.1216, 63.1217, and 63.1218. (i) Compliance
date for existing sources. You must comply with the standards of this
subpart no later than the compliance date, October 14, 2008, unless the
Administrator grants you an extension of time under Sec. 63.6(i) or
Sec. 63.1213.
(ii) New or reconstructed sources. (A) If you commenced construction
or reconstruction of your hazardous waste combustor after April 20,
2004, you must comply with the new source emission standards of this
subpart by the later of October 12, 2005, or the date the source starts
operations, except as provided by paragraph (a)(2)(ii)(B) of this
section. The costs of retrofitting and replacement of equipment that is
installed specifically to comply with this subpart, between April 20,
2004, and a source's compliance date, are not considered to be
reconstruction costs.
(B) For a standard in the subpart that is more stringent than the
standard proposed on April 20, 2004, you may achieve compliance no later
than October 14, 2008, if you comply with the standard proposed on April
20, 2004, after October 12, 2005. This exception does not apply,
however, to new or reconstructed area source hazardous waste combustors
that become major sources after October 14, 2008. As provided by Sec.
63.6(b)(7), such sources must comply with this subpart at startup.
(3) Early compliance. If you choose to comply with the emission
standards of this subpart prior to the dates specified in paragraphs
(a)(1) and (a)(2) of this section, your compliance date is the earlier
of the date you postmark the Notification of Compliance under Sec.
63.1207(j)(1) or the dates specified in paragraphs (a)(1) and (a)(2) of
this section.
(b) Compliance with standards--(1) Applicability. The emission
standards and
[[Page 22]]
operating requirements set forth in this subpart apply at all times
except:
(i) During periods of startup, shutdown, and malfunction; and
(ii) When hazardous waste is not in the combustion chamber (i.e.,
the hazardous waste feed to the combustor has been cut off for a period
of time not less than the hazardous waste residence time) and you have
documented in the operating record that you are complying with all
otherwise applicable requirements and standards promulgated under
authority of sections 112 (e.g., 40 CFR part 63, subparts LLL, DDDDD,
and NNNNN) or 129 of the Clean Air Act in lieu of the emission standards
under Sec. Sec. 63.1203, 63.1204, 63.1205, 63.1215, 63.1216, 63.1217,
63.1218, 63.1219, 63.1220, and 63.1221; the monitoring and compliance
standards of this section and Sec. Sec. 63.1207 through 63.1209, except
the modes of operation requirements of Sec. 63.1209(q); and the
notification, reporting, and recordkeeping requirements of Sec. Sec.
63.1210 through 63.1212.
(2) Methods for determining compliance. The Administrator will
determine compliance with the emission standards of this subpart as
provided by Sec. 63.6(f)(2). Conducting performance testing under
operating conditions representative of the extreme range of normal
conditions is consistent with the requirements of Sec. Sec.
63.6(f)(2)(iii)(B) and 63.7(e)(1) to conduct performance testing under
representative operating conditions.
(3) Finding of compliance. The Administrator will make a finding
concerning compliance with the emission standards and other requirements
of this subpart as provided by Sec. 63.6(f)(3).
(4) Extension of compliance with emission standards. The
Administrator may grant an extension of compliance with the emission
standards of this subpart as provided by Sec. Sec. 63.6(i) and 63.1213.
(5) Changes in design, operation, or maintenance--(i) Changes that
may adversely affect compliance. If you plan to change (as defined in
paragraph (b)(5)(iii) of this section) the design, operation, or
maintenance practices of the source in a manner that may adversely
affect compliance with any emission standard that is not monitored with
a CEMS:
(A) Notification. You must notify the Administrator at least 60 days
prior to the change, unless you document circumstances that dictate that
such prior notice is not reasonably feasible. The notification must
include:
(1) A description of the changes and which emission standards may be
affected; and
(2) A comprehensive performance test schedule and test plan under
the requirements of Sec. 63.1207(f) that will document compliance with
the affected emission standard(s);
(B) Performance test. You must conduct a comprehensive performance
test under the requirements of Sec. Sec. 63.1207(f)(1) and (g)(1) to
document compliance with the affected emission standard(s) and establish
operating parameter limits as required under Sec. 63.1209, and submit
to the Administrator a Notification of Compliance under Sec. Sec.
63.1207(j) and 63.1210(d); and
(C) Restriction on waste burning. (1) Except as provided by
paragraph (b)(5)(i)(C)(2) of this section, after the change and prior to
submitting the notification of compliance, you must not burn hazardous
waste for more than a total of 720 hours (renewable at the discretion of
the Administrator) and only for the purposes of pretesting or
comprehensive performance testing. Pretesting is defined at Sec.
63.1207(h)(2)(i) and (ii).
(2) You may petition the Administrator to obtain written approval to
burn hazardous waste in the interim prior to submitting a Notification
of Compliance for purposes other than testing or pretesting. You must
specify operating requirements, including limits on operating
parameters, that you determine will ensure compliance with the emission
standards of this subpart based on available information. The
Administrator will review, modify as necessary, and approve if warranted
the interim operating requirements.
(ii) Changes that will not affect compliance. If you determine that
a change will not adversely affect compliance with the emission
standards or operating requirements, you must document the change in the
operating record upon making such change. You
[[Page 23]]
must revise as necessary the performance test plan, Documentation of
Compliance, Notification of Compliance, and start-up, shutdown, and
malfunction plan to reflect these changes.
(iii) Definition of ``change.'' For purposes of paragraph (b)(5) of
this section, ``change'' means any change in design, operation, or
maintenance practices that were documented in the comprehensive
performance test plan, Notification of Compliance, or startup, shutdown,
and malfunction plan.
(6) Compliance with the carbon monoxide and hydrocarbon emission
standards. This paragraph applies to sources that elect to comply with
the carbon monoxide and hydrocarbon emissions standards of this subpart
by documenting continuous compliance with the carbon monoxide standard
using a continuous emissions monitoring system and documenting
compliance with the hydrocarbon standard during the destruction and
removal efficiency (DRE) performance test or its equivalent.
(i) If a DRE test performed pursuant to Sec. 63.1207(c)(2) is
acceptable as documentation of compliance with the DRE standard, you may
use the highest hourly rolling average hydrocarbon level achieved during
the DRE test runs to document compliance with the hydrocarbon standard.
An acceptable DRE test is any test for which the data and results are
determined to meet quality assurance objectives (on a site-specific
basis) such that the results adequately demonstrate compliance with the
DRE standard.
(ii) If during this acceptable DRE test you did not obtain
hydrocarbon emissions data sufficient to document compliance with the
hydrocarbon standard, you must either:
(A) Perform, as part of the performance test, an ``equivalent DRE
test'' to document compliance with the hydrocarbon standard. An
equivalent DRE test is comprised of a minimum of three runs each with a
minimum duration of one hour during which you operate the combustor as
close as reasonably possible to the operating parameter limits that you
established based on the initial DRE test. You must use the highest
hourly rolling average hydrocarbon emission level achieved during the
equivalent DRE test to document compliance with the hydrocarbon
standard; or
(B) Perform a DRE test as part of the performance test.
(7) Compliance with the DRE standard. (i) Except as provided in
paragraphs (b)(7)(ii) and (b)(7)(iii) of this section:
(A) You must document compliance with the Destruction and Removal
Efficiency (DRE) standard under this subpart only once provided that you
do not modify the source after the DRE test in a manner that could
affect the ability of the source to achieve the DRE standard.
(B) You may use any DRE test data that documents that your source
achieves the required level of DRE provided:
(1) You have not modified the design or operation of your source in
a manner that could effect the ability of your source to achieve the DRE
standard since the DRE test was performed; and,
(2) The DRE test data meet quality assurance objectives determined
on a site-specific basis.
(ii) Sources that feed hazardous waste at locations other than the
normal flame zone. (A) Except as provided by paragraph (b)(7)(ii)(B) of
this section, if you feed hazardous waste at a location in the
combustion system other than the normal flame zone, then you must
demonstrate compliance with the DRE standard during each comprehensive
performance test;
(B)(1) A cement kiln that feeds hazardous waste at a location other
than the normal flame zone need only demonstrate compliance with the DRE
standard during three consecutive comprehensive performance tests
provided that:
(i) All three tests achieve the DRE standard in this subpart; and
(ii) The design, operation, and maintenance features of each of the
three tests are similar;
(iii) The data in lieu restriction of Sec. 63.1207(c)(2)(iv) does
not apply when complying with the provisions of paragraph (b)(7)(ii)(B)
of this section;
(2) If at any time you change your design, operation, and
maintenance features in a manner that could reasonably be expected to
affect your ability to meet the DRE standard, then you
[[Page 24]]
must comply with the requirements of paragraph (b)(7)(ii)(A) of this
section.
(iii) For sources that do not use DRE previous testing to document
conformance with the DRE standard pursuant to Sec. 63.1207(c)(2), you
must perform DRE testing during the initial comprehensive performance
test.
(8) Applicability of particulate matter and opacity standards during
particulate matter CEMS correlation tests. (i) Any particulate matter
and opacity standards of parts 60, 61, 63, 264, 265, and 266 of this
chapter (i.e., any title 40 particulate or opacity standards) applicable
to a hazardous waste combustor do not apply while you conduct
particulate matter continuous emissions monitoring system (CEMS)
correlation tests (i.e., correlation with manual stack methods) under
the conditions of paragraphs (b)(8)(iii) through (vii) of this section.
(ii) Any permit or other emissions or operating parameter limits or
conditions, including any limitation on workplace practices, that are
applicable to hazardous waste combustors to ensure compliance with any
particulate matter and opacity standards of parts 60, 61, 63, 264, 265,
and 266 of this chapter (i.e., any title 40 particulate or opacity
standards) do not apply while you conduct particulate matter CEMS
correlation tests under the conditions of paragraphs (b)(8)(iii) through
(vii) of this section.
(iii) For the provisions of this section to apply, you must:
(A) Develop a particulate matter CEMS correlation test plan that
includes the following information. This test plan may be included as
part of the comprehensive performance test plan required under
Sec. Sec. 63.1207(e) and (f):
(1) Number of test conditions and number of runs for each test
condition;
(2) Target particulate matter emission level for each test
condition;
(3) How you plan to modify operations to attain the desired
particulate matter emission levels; and
(4) Anticipated normal particulate matter emission levels; and
(B) Submit the test plan to the Administrator for approval at least
90 calendar days before the correlation test is scheduled to be
conducted.
(iv) The Administrator will review and approve/disapprove the
correlation test plan under the procedures for review and approval of
the site-specific test plan provided by Sec. 63.7(c)(3)(i) and (iii).
If the Administrator fails to approve or disapprove the correlation test
plan within the time period specified by Sec. 63.7(c)(3)(i), the plan
is considered approved, unless the Administrator has requested
additional information.
(v) The particulate matter and opacity standards and associated
operating limits and conditions will not be waived for more than 96
hours, in the aggregate, for a correlation test, including all runs of
all test conditions, unless more time is approved by the Administrator.
(vi) The stack sampling team must be on-site and prepared to perform
correlation testing no later than 24 hours after you modify operations
to attain the desired particulate matter emissions concentrations,
unless you document in the correlation test plan that a longer period of
conditioning is appropriate.
(vii) You must return to operating conditions indicative of
compliance with the applicable particulate matter and opacity standards
as soon as possible after correlation testing is completed.
(9) Alternative standards for existing or new hazardous waste
burning lightweight aggregate kilns using MACT. (i) You may petition the
Administrator to request alternative standards to the mercury or
hydrogen chloride/chlorine gas emission standards of this subpart, to
the semivolatile metals emission standards under Sec. Sec. 63.1205,
63.1221(a)(3)(ii), or 63.1221(b)(3)(ii), or to the low volatile metals
emissions standards under Sec. Sec. 63.1205, 63.1221(a)(4)(ii), or
63.1221(b)(4)(ii) if:
(A) You cannot achieve one or more of these standards while using
maximum achievable control technology (MACT) because of raw material
contributions to emissions of mercury, semivolatile metals, low volatile
metals, or hydrogen chloride/chlorine gas; or
(B) You determine that mercury is not present at detectable levels
in your raw material.
[[Page 25]]
(ii) The alternative standard that you recommend under paragraph
(b)(9)(i)(A) of this section may be an operating requirement, such as a
hazardous waste feedrate limitation for metals and/or chlorine, and/or
an emission limitation.
(iii) The alternative standard must include a requirement to use
MACT, or better, applicable to the standard for which the source is
seeking relief, as defined in paragraphs (b)(9)(viii) and (ix) of this
section.
(iv) Documentation required. (A) The alternative standard petition
you submit under paragraph (b)(9)(i)(A) of this section must include
data or information documenting that raw material contributions to
emissions prevent you from complying with the emission standard even
though the source is using MACT, as defined under paragraphs
(b)(9)(viii) and (ix) of this section, for the standard for which you
are seeking relief.
(B) Alternative standard petitions that you submit under paragraph
(b)(9)(i)(B) of this section must include data or information
documenting that mercury is not present at detectable levels in raw
materials.
(v) You must include data or information with semivolatile metal and
low volatility metal alternative standard petitions that you submit
under paragraph (b)(9)(i)(A) of this section documenting that increased
chlorine feedrates associated with the burning of hazardous waste, when
compared to non-hazardous waste operations, do not significantly
increase metal emissions attributable to raw materials.
(vi) You must include data or information with semivolatile metals,
low volatile metals, and hydrogen chloride/chlorine gas alternative
standard petitions that you submit under paragraph (b)(9)(i)(A) of this
section documenting that semivolatile metals, low volatile metals, and
hydrogen chloride/chlorine gas emissions attributable to the hazardous
waste only will not exceed the emission standards of this subpart.
(vii) You must not operate pursuant to your recommended alternative
standards in lieu of emission standards specified in this subpart:
(A) Unless the Administrator approves the provisions of the
alternative standard petition request or establishes other alternative
standards; and
(B) Until you submit a revised Notification of Compliance that
incorporates the revised standards.
(viii) For purposes of this alternative standard provision, MACT for
existing hazardous waste burning lightweight aggregate kilns is defined
as:
(A) For mercury, a hazardous waste feedrate corresponding to an MTEC
of 24 [micro]g/dscm or less;
(B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 280,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
(C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 120,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less; and
(D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 2,000,000 [micro]gm/dscm or less,
and use of an air pollution control device with a hydrogen chloride/
chlorine gas removal efficiency of 85 percent or greater.
(ix) For purposes of this alternative standard provision, MACT for
new hazardous waste burning lightweight aggregate kilns is defined as:
(A) For mercury, a hazardous waste feedrate corresponding to an MTEC
of 4 [micro]g/dscm or less;
(B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 280,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
(C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 46,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
(D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 14,000,000 [micro]gm/dscm or less,
and use of an air pollution control device with a hydrogen chloride/
chlorine gas removal efficiency of 99.6 percent or greater.
(10) Alternative standards for existing or new hazardous waste
burning cement
[[Page 26]]
kilns using MACT. (i) You may petition the Administrator to request
alternative standards to the mercury or hydrogen chloride/chlorine gas
emission standards of this subpart, to the semivolatile metals emission
standards under Sec. Sec. 63.1204, 63.1220(a)(3)(ii), or
63.1220(b)(3)(ii), or to the low volatile metals emissions standards
under Sec. Sec. 63.1204, 63.1220(a)(4)(ii), or 63.1220(b)(4)(ii) if:
(A) You cannot achieve one or more of these standards while using
maximum achievable control technology (MACT) because of raw material
contributions to emissions of mercury, semivolatile metals, low volatile
metals, or hydrogen chloride/chlorine gas; or
(B) You determine that mercury is not present at detectable levels
in your raw material.
(ii) The alternative standard that you recommend under paragraph
(b)(10)(i)(A) of this section may be an operating requirement, such as a
hazardous waste feedrate limitation for metals and/or chlorine, and/or
an emission limitation.
(iii) The alternative standard must include a requirement to use
MACT, or better, applicable to the standard for which the source is
seeking relief, as defined in paragraphs (b)(10)(viii) and (ix) of this
section.
(iv) Documentation required. (A) The alternative standard petition
you submit under paragraph (b)(10)(i)(A) of this section must include
data or information documenting that raw material contributions to
emissions prevent you from complying with the emission standard even
though the source is using MACT, as defined in paragraphs (b)(10)(viii)
and (ix) of this section, for the standard for which you are seeking
relief.
(B) Alternative standard petitions that you submit under paragraph
(b)(10)(i)(B) of this section must include data or information
documenting that mercury is not present at detectable levels in raw
materials.
(v) You must include data or information with semivolatile metal and
low volatile metal alternative standard petitions that you submit under
paragraph (b)(10)(i)(A) of this section documenting that increased
chlorine feedrates associated with the burning of hazardous waste, when
compared to non-hazardous waste operations, do not significantly
increase metal emissions attributable to raw materials.
(vi) You must include data or information with semivolatile metals,
low volatile metals, and hydrogen chloride/chlorine gas alternative
standard petitions that you submit under paragraph (b)(10)(i)(A) of this
section documenting that emissions of the regulated metals and hydrogen
chloride/chlorine gas attributable to the hazardous waste only will not
exceed the emission standards in this subpart.
(vii) You must not operate pursuant to your recommended alternative
standards in lieu of emission standards specified in this subpart:
(A) Unless the Administrator approves the provisions of the
alternative standard petition request or establishes other alternative
standards; and
(B) Until you submit a revised Notification of Compliance that
incorporates the revised standards.
(viii) For purposes of this alternative standard provision, MACT for
existing hazardous waste burning cement kilns is defined as:
(A) For mercury, a hazardous waste feedrate corresponding to an MTEC
of 88 [micro]g/dscm or less;
(B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 31,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
(C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 54,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less; and
(D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 720,000 [micro]gm/dscm or less.
(ix) For purposes of this alternative standard provision, MACT for
new hazardous waste burning cement kilns is defined as:
(A) For mercury, a hazardous waste feedrate corresponding to an MTEC
of 7 [micro]g/dscm or less;
[[Page 27]]
(B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 31,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
(C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 15,000 [micro]g/dscm or less, and use of a
particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
(D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 420,000 [micro]gm/dscm or less.
(11) Calculation of hazardous waste residence time. You must
calculate the hazardous waste residence time and include the calculation
in the performance test plan under Sec. 63.1207(f) and the operating
record. You must also provide the hazardous waste residence time in the
Documentation of Compliance under Sec. 63.1211(c) and the Notification
of Compliance under Sec. Sec. 63.1207(j) and 63.1210(d).
(12) Documenting compliance with the standards based on performance
testing. (i) You must conduct a minimum of three runs of a performance
test required under Sec. 63.1207 to document compliance with the
emission standards of this subpart.
(ii) You must document compliance with the emission standards based
on the arithmetic average of the emission results of each run, except
that you must document compliance with the destruction and removal
efficiency standard for each run of the comprehensive performance test
individually.
(13) Cement kilns and lightweight aggregate kilns that feed
hazardous waste at a location other than the end where products are
normally discharged and where fuels are normally fired. (i) Cement kilns
that feed hazardous waste at a location other than the end where
products are normally discharged and where fuels are normally fired must
comply with the carbon monoxide and hydrocarbon standards of this
subpart as follows:
(A) For existing sources, you must not discharge or cause combustion
gases to be emitted into the atmosphere that contain either:
(1) Hydrocarbons in the main stack in excess of 20 parts per million
by volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(2) Hydrocarbons both in the by-pass duct and at a preheater tower
combustion gas monitoring location in excess of 10 parts per million by
volume, at each location, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(3) If the only firing location of hazardous waste upstream (in
terms of gas flow) of the point where combustion gases are diverted into
the bypass duct is at the kiln end where products are normally
discharged, then both hydrocarbons at the preheater tower combustion gas
monitoring location in excess of 10 parts per million by volume, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane, and either hydrocarbons in the by-pass duct in
excess of 10 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane, or
carbon monoxide in excess of 100 parts per million by volume, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, and corrected to 7 percent
oxygen. If you comply with the carbon monoxide standard of 100 parts per
million by volume in the by-pass duct, then you must also not discharge
or cause combustion gases to be emitted into the atmosphere that contain
hydrocarbons in the by-pass duct in excess of 10 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7).
[[Page 28]]
(B) For new sources, you must not discharge or cause combustion
gases to be emitted into the atmosphere that contain either:
(1) Hydrocarbons in the main stack in excess of 20 parts per million
by volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(2)(i) Hydrocarbons both in the by-pass duct and at a preheater
tower combustion gas monitoring location in excess of 10 parts per
million by volume, at each location, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane, and
(ii) Hydrocarbons in the main stack, if construction of the kiln
commenced after April 19, 1996 at a plant site where a cement kiln
(whether burning hazardous waste or not) did not previously exist, to 50
parts per million by volume, over a 30-day block average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(3)(i) If the only firing location of hazardous waste upstream (in
terms of gas flow) of the point where combustion gases are diverted into
the bypass duct is at the kiln end where products are normally
discharged, then both hydrocarbons at the preheater tower combustion gas
monitoring location in excess of 10 parts per million by volume, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane, and either hydrocarbons in the by-pass duct in
excess of 10 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane, or
carbon monoxide in excess of 100 parts per million by volume, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, and corrected to 7 percent
oxygen. If you comply with the carbon monoxide standard of 100 parts per
million by volume in the by-pass duct, then you must also not discharge
or cause combustion gases to be emitted into the atmosphere that contain
hydrocarbons in the by-pass duct in excess of 10 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7).
(ii) If construction of the kiln commenced after April 19, 1996 at a
plant site where a cement kiln (whether burning hazardous waste or not)
did not previously exist, hydrocarbons are limited to 50 parts per
million by volume, over a 30-day block average (monitored continuously
with a continuous emissions monitoring system), dry basis, corrected to
7 percent oxygen, and reported as propane.
(ii) Lightweight aggregate kilns that feed hazardous waste at a
location other than the end where products are normally discharged and
where fuels are normally fired must comply with the hydrocarbon
standards of this subpart as follows:
(A) Existing sources must comply with the 20 parts per million by
volume hydrocarbon standard of this subpart;
(B) New sources must comply with the 20 parts per million by volume
hydrocarbon standard of this subpart.
(14) Alternative to the particulate matter standard for
incinerators--(i) General. In lieu of complying with the particulate
matter standards under Sec. 63.1203, you may elect to comply with the
following alternative metal emission control requirements:
(ii) Alternative metal emission control requirements for existing
incinerators. (A) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 240 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 97
[[Page 29]]
[micro]gm/dscm, combined emissions, corrected to 7 percent oxygen.
(iii) Alternative metal emission control requirements for new
incinerators. (A) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 24 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 97 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(iv) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (b)(14)(ii) and
(iii) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and selenium,
combined, and low volatile metal feedrate limits apply to arsenic,
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
(15) Alternative to the interim standards for mercury for cement and
lightweight aggregate kilns--(i) General. In lieu of complying with the
applicable mercury standards of Sec. Sec. 63.1204(a)(2) and (b)(2) for
existing and new cement kilns and Sec. Sec. 63.1205(a)(2) and (b)(2)
for existing and new lightweight aggregate kilns, you may instead elect
to comply with the alternative mercury standard described in paragraphs
(b)(15)(ii) through (b)(15)(v) of this section.
(ii) Operating requirement. You must not exceed a hazardous waste
feedrate corresponding to a maximum theoretical emission concentration
(MTEC) of 120 [micro]g/dscm on a twelve-hour rolling average.
(iii) To document compliance with the operating requirement of
paragraph (b)(15)(ii) of this section, you must:
(A) Monitor and record the feedrate of mercury for each hazardous
waste feedstream according to Sec. 63.1209(c);
(B) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(C) Continuously calculate and record in the operating record a MTEC
assuming mercury from all hazardous waste feedstreams is emitted;
(D) Interlock the MTEC calculated in paragraph (b)(15)(iii)(C) of
this section to the AWFCO system to stop hazardous waste burning when
the MTEC exceeds the operating requirement of paragraph (b)(15)(ii) of
this section.
(iv) In lieu of the requirement in paragraph (b)(15)(iii) of this
section, you may:
(A) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury from all
hazardous waste feedstreams that ensures the MTEC calculated in
paragraph (b)(15)(iii)(C) of this section is below the operating
requirement of paragraph (b)(15)(ii) of this section; and
(B) Interlock the minimum gas flowrate limit and maximum feedrate
limits in paragraph (b)(15)(iv)(A) of this section to the AWFCO system
to stop hazardous waste burning when the gas flowrate or mercury
feedrate exceeds the limits in paragraph (b)(15)(iv)(A) of this section.
(v) Notification requirement. You must notify in writing the RCRA
authority that you intend to comply with the alternative standard.
(16) Compliance with subcategory standards for liquid fuel boilers.
You must comply with the mercury, semivolatile metals, low volatile
metals, and hydrogen chloride and chlorine standards for liquid fuel
boilers under Sec. 63.1217 as follows:
(i) You must determine the as-fired heating value of each batch of
hazardous waste fired by each firing system of the boiler so that you
know the mass-weighted heating value of the hazardous waste fired at all
times.
(ii) If the as-fired heating value of the hazardous waste is 10,000
Btu per pound or greater, you are subject to the thermal emission
concentration standards (lb/million Btu) under Sec. 63.1217.
(iii) If the as-fired heating value of the hazardous waste is less
than 10,000 Btu/lb, you are subject to the mass or
[[Page 30]]
volume emission concentration standards ([micro]gm/dscm or ppmv) under
Sec. 63.1217.
(iv) If the as-fired heating value of hazardous wastes varies above
and below 10,000 Btu/lb over time, you are subject to the thermal
concentration standards when the heating value is 10,000 Btu/lb or
greater and the mass concentration standards when the heating value is
less than 10,000 Btu/lb. You may elect to comply at all times with the
more stringent operating requirements that ensure compliance with both
the thermal emission concentration standards and the mass or volume
emission concentration standards.
(c) Operating requirements--(1) General. (i) You must operate only
under the operating requirements specified in the Documentation of
Compliance under Sec. 63.1211(c) or the Notification of Compliance
under Sec. Sec. 63.1207(j) and 63.1210(d), except:
(A) During performance tests under approved test plans according to
Sec. 63.1207(e), (f), and (g), and
(B) Under the conditions of paragraph (b)(1)(i) or (ii) of this
section;
(ii) The Documentation of Compliance and the Notification of
Compliance must contain operating requirements including, but not
limited to, the operating requirements in this section and Sec. 63.1209
(iii) Failure to comply with the operating requirements is failure
to ensure compliance with the emission standards of this subpart;
(iv) Operating requirements in the Notification of Compliance are
applicable requirements for purposes of parts 70 and 71 of this chapter;
(v) The operating requirements specified in the Notification of
Compliance will be incorporated in the title V permit.
(2) Startup, shutdown, and malfunction plan. (i) You are subject to
the startup, shutdown, and malfunction plan requirements of Sec.
63.6(e)(3).
(ii) If you elect to comply with Sec. Sec. 270.235(a)(1)(iii),
270.235(a)(2)(iii), or 270.235(b)(1)(ii) of this chapter to address RCRA
concerns that you minimize emissions of toxic compounds from startup,
shutdown, and malfunction events (including releases from emergency
safety vents):
(A) The startup, shutdown, and malfunction plan must include a
description of potential causes of malfunctions, including releases from
emergency safety vents, that may result in significant releases of
hazardous air pollutants, and actions the source is taking to minimize
the frequency and severity of those malfunctions.
(B) You must submit the startup, shutdown, and malfunction plan to
the Administrator for review and approval.
(1) Approval procedure. The Administrator will notify you of
approval or intention to deny approval of the startup, shutdown, and
malfunction plan within 90 calendar days after receipt of the original
request and within 60 calendar days after receipt of any supplemental
information that you submit. Before disapproving the plan, the
Administrator will notify you of the Administrator's intention to
disapprove the plan together with:
(i) Notice of the information and findings on which intended
disapproval is based; and
(ii) Notice of opportunity for you to present additional information
to the Administrator before final action on disapproval of the plan. At
the time the Administrator notifies you of intention to disapprove the
plan, the Administrator will specify how much time you will have after
being notified on the intended disapproval to submit additional
information.
(2) Responsibility of owners and operators. You are responsible for
ensuring that you submit any supplementary and additional information
supporting your plan in a timely manner to enable the Administrator to
consider whether to approve the plan. Neither your submittal of the
plan, nor the Administrator's failure to approve or disapprove the plan,
relieves you of the responsibility to comply with the provisions of this
subpart.
(C) Changes to the plan that may significantly increase emissions.
(1) You must request approval in writing from the Administrator within 5
days after making a change to the startup, shutdown, and malfunction
plan that may significantly increase emissions of hazardous air
pollutants.
[[Page 31]]
(2) To request approval of such changes to the startup, shutdown,
and malfunction plan, you must follow the procedures provided by
paragraph (c)(2)(ii)(B) of this section for initial approval of the
plan.
(iii) You must identify in the plan a projected oxygen correction
factor based on normal operations to use during periods of startup and
shutdown.
(iv) You must record the plan in the operating record.
(v) Operating under the startup, shutdown, and malfunction plan--(A)
Compliance with AWFCO requirements during malfunctions. (1) During
malfunctions, the automatic waste feed cutoff requirements of Sec.
63.1206(c)(3) continue to apply, except for paragraphs (c)(3)(v) and
(c)(3)(vi) of this section. If you exceed a part 63, subpart EEE, of
this chapter emission standard monitored by a CEMS or COMs or operating
limit specified under Sec. 63.1209, the automatic waste feed cutoff
system must immediately and automatically cutoff the hazardous waste
feed, except as provided by paragraph (c)(3)(viii) of this section. If
the malfunction itself prevents immediate and automatic cutoff of the
hazardous waste feed, however, you must cease feeding hazardous waste as
quickly as possible.
(2) Although the automatic waste feed cutoff requirements continue
to apply during a malfunction, an exceedance of an emission standard
monitored by a CEMS or COMS or operating limit specified under Sec.
63.1209 is not a violation of this subpart if you take the corrective
measures prescribed in the startup, shutdown, and malfunction plan.
(3) Excessive exceedances during malfunctions. For each set of 10
exceedances of an emission standard or operating requirement while
hazardous waste remains in the combustion chamber (i.e., when the
hazardous waste residence time has not transpired since the hazardous
waste feed was cutoff) during a 60-day block period, you must:
(i) Within 45 days of the 10th exceedance, complete an investigation
of the cause of each exceedance and evaluation of approaches to minimize
the frequency, duration, and severity of each exceedance, and revise the
startup, shutdown, and malfunction plan as warranted by the evaluation
to minimize the frequency, duration, and severity of each exceedance;
and
(ii) Record the results of the investigation and evaluation in the
operating record, and include a summary of the investigation and
evaluation, and any changes to the startup, shutdown, and malfunction
plan, in the excess emissions report required under Sec. 63.10(e)(3).
(B) Compliance with AWFCO requirements when burning hazardous waste
during startup and shutdown. (1) If you feed hazardous waste during
startup or shutdown, you must include waste feed restrictions (e.g.,
type and quantity), and other appropriate operating conditions and
limits in the startup, shutdown, and malfunction plan.
(2) You must interlock the operating limits you establish under
paragraph (c)(2)(v)(B)(1) of this section with the automatic waste feed
cutoff system required under Sec. 63.1206(c)(3), except for paragraphs
(c)(3)(v) and (c)(3)(vi) of this section.
(3) When feeding hazardous waste during startup or shutdown, the
automatic waste feed cutoff system must immediately and automatically
cutoff the hazardous waste feed if you exceed the operating limits you
establish under paragraph (c)(2)(v)(B)(1) of this section, except as
provided by paragraph (c)(3)(viii) of this section.
(4) Although the automatic waste feed cutoff requirements of this
paragraph apply during startup and shutdown, an exceedance of an
emission standard or operating limit is not a violation of this subpart
if you comply with the operating procedures prescribed in the startup,
shutdown, and malfunction plan.
(3) Automatic waste feed cutoff (AWFCO)--(i) General. Upon the
compliance date, you must operate the hazardous waste combustor with a
functioning system that immediately and automatically cuts off the
hazardous waste feed, except as provided by paragraph (c)(3)(viii) of
this section:
(A) When any of the following are exceeded: Operating parameter
limits specified under Sec. 63.1209; an emission standard monitored by
a CEMS; and
[[Page 32]]
the allowable combustion chamber pressure;
(B) When the span value of any CMS detector, except a CEMS, is met
or exceeded;
(C) Upon malfunction of a CMS monitoring an operating parameter
limit specified under Sec. 63.1209 or an emission level; or
(D) When any component of the automatic waste feed cutoff system
fails.
(ii) Ducting of combustion gases. During an AWFCO, you must continue
to duct combustion gasses to the air pollution control system while
hazardous waste remains in the combustion chamber (i.e., if the
hazardous waste residence time has not transpired since the hazardous
waste feed cutoff system was activated).
(iii) Restarting waste feed. You must continue to monitor during the
cutoff the operating parameters for which limits are established under
Sec. 63.1209 and the emissions required under that section to be
monitored by a CEMS, and you must not restart the hazardous waste feed
until the operating parameters and emission levels are within the
specified limits.
(iv) Failure of the AWFCO system. If the AWFCO system fails to
automatically and immediately cutoff the flow of hazardous waste upon
exceedance of a parameter required to be interlocked with the AWFCO
system under paragraph (c)(3)(i) of this section, you have failed to
comply with the AWFCO requirements of paragraph (c)(3) of this section.
If an equipment or other failure prevents immediate and automatic cutoff
of the hazardous waste feed, however, you must cease feeding hazardous
waste as quickly as possible.
(v) Corrective measures. If, after any AWFCO, there is an exceedance
of an emission standard or operating requirement, irrespective of
whether the exceedance occurred while hazardous waste remained in the
combustion chamber (i.e., whether the hazardous waste residence time has
transpired since the hazardous waste feed cutoff system was activated),
you must investigate the cause of the AWFCO, take appropriate corrective
measures to minimize future AWFCOs, and record the findings and
corrective measures in the operating record.
(vi) Excessive exceedance reporting. (A) For each set of 10
exceedances of an emission standard or operating requirement while
hazardous waste remains in the combustion chamber (i.e., when the
hazardous waste residence time has not transpired since the hazardous
waste feed was cutoff) during a 60-day block period, you must submit to
the Administrator a written report within 5 calendar days of the 10th
exceedance documenting the exceedances and results of the investigation
and corrective measures taken.
(B) On a case-by-case basis, the Administrator may require excessive
exceedance reporting when fewer than 10 exceedances occur during a 60-
day block period.
(vii) Testing. The AWFCO system and associated alarms must be tested
at least weekly to verify operability, unless you document in the
operating record that weekly inspections will unduly restrict or upset
operations and that less frequent inspection will be adequate. At a
minimum, you must conduct operability testing at least monthly. You must
document and record in the operating record AWFCO operability test
procedures and results.
(viii) Ramping down waste feed. (A) You may ramp down the waste
feedrate of pumpable hazardous waste over a period not to exceed one
minute, except as provided by paragraph (c)(3)(viii)(B) of this section.
If you elect to ramp down the waste feed, you must document ramp down
procedures in the operating and maintenance plan. The procedures must
specify that the ramp down begins immediately upon initiation of
automatic waste feed cutoff and the procedures must prescribe a bona
fide ramping down. If an emission standard or operating limit is
exceeded during the ramp down, you have failed to comply with the
emission standards or operating requirements of this subpart.
(B) If the automatic waste feed cutoff is triggered by an exceedance
of any of the following operating limits, you may not ramp down the
waste feed cutoff: Minimum combustion chamber temperature, maximum
hazardous waste feedrate, or any hazardous waste firing system operating
limits that may be established for your combustor.
[[Page 33]]
(4) ESV openings--(i) Failure to meet standards. If an emergency
safety vent (ESV) opens when hazardous waste remains in the combustion
chamber (i.e., when the hazardous waste residence time has not expired)
during an event other than a malfunction as defined in the startup,
shutdown, and malfunction plan such that combustion gases are not
treated as during the most recent comprehensive performance test (e.g.,
if the combustion gas by-passes any emission control device that was
operating during the performance test), you must document in the
operating record whether you remain in compliance with the emission
standards of this subpart considering emissions during the ESV opening
event.
(ii) ESV operating plan. (A) You must develop an ESV operating plan,
comply with the operating plan, and keep the plan in the operating
record.
(B) The ESV operating plan must provide detailed procedures for
rapidly stopping the waste feed, shutting down the combustor, and
maintaining temperature and negative pressure in the combustion chamber
during the hazardous waste residence time, if feasible. The plan must
include calculations and information and data documenting the
effectiveness of the plan's procedures for ensuring that combustion
chamber temperature and negative pressure are maintained as is
reasonably feasible.
(iii) Corrective measures. After any ESV opening that results in a
failure to meet the emission standards as defined in paragraph (c)(4)(i)
of this section, you must investigate the cause of the ESV opening, take
appropriate corrective measures to minimize such future ESV openings,
and record the findings and corrective measures in the operating record.
(iv) Reporting requirements. You must submit to the Administrator a
written report within 5 days of an ESV opening that results in failure
to meet the emission standards of this subpart (as determined in
paragraph (c)(4)(i) of this section) documenting the result of the
investigation and corrective measures taken.
(5) Combustion system leaks. (i) Combustion system leaks of
hazardous air pollutants must be controlled by:
(A) Keeping the combustion zone sealed to prevent combustion system
leaks; or
(B) Maintaining the maximum combustion zone pressure lower than
ambient pressure using an instantaneous monitor; or
(C) Upon prior written approval of the Administrator, an alternative
means of control to provide control of combustion system leaks
equivalent to maintenance of combustion zone pressure lower than ambient
pressure; or
(D) Upon prior written approval of the Administrator, other
technique(s) which can be demonstrated to prevent fugitive emissions
without use of instantaneous pressure limits; and
(ii) You must specify in the performance test workplan and
Notification of Compliance the method that will be used to control
combustion system leaks. If you control combustion system leaks by
maintaining the combustion zone pressure lower than ambient pressure
using an instantaneous monitor, you must also specify in the performance
test workplan and Notification of Compliance the monitoring and
recording frequency of the pressure monitor, and specify how the
monitoring approach will be integrated into the automatic waste feed
cutoff system.
(6) Operator training and certification. (i) You must establish
training programs for all categories of personnel whose activities may
reasonably be expected to directly affect emissions of hazardous air
pollutants from the source. Such persons include, but are not limited
to, chief facility operators, control room operators, continuous
monitoring system operators, persons that sample and analyze
feedstreams, persons that manage and charge feedstreams to the
combustor, persons that operate emission control devices, and ash and
waste handlers. Each training program shall be of a technical level
commensurate with the person's job duties specified in the training
manual. Each commensurate training program shall require an examination
to be administered by the instructor at the end of the training course.
Passing of this test shall be deemed the ``certification'' for
personnel, except that, for control room operators, the
[[Page 34]]
training and certification program shall be as specified in paragraphs
(c)(6)(iii) through (c)(6)(vi) of this section.
(ii) You must ensure that the source is operated and maintained at
all times by persons who are trained and certified to perform these and
any other duties that may affect emissions of hazardous air pollutants.
A certified control room operator must be on duty at the site at all
times the source is in operation.
(iii) Hazardous waste incinerator control room operators must:
(A) Be trained and certified under a site-specific, source-developed
and implemented program that meets the requirements of paragraph
(c)(6)(v) of this section; or
(B) Be trained under the requirements of, and certified under, one
of the following American Society of Mechanical Engineers (ASME)
standards: QHO-1-1994, QHO-1a-1996, or QHO-1-2004 (Standard for the
Qualification and Certification of Hazardous Waste Incinerator
Operators). If you elect to use the ASME program:
(1) Control room operators must, prior to the compliance date,
achieve provisional certification, and must submit an application to
ASME and be scheduled for the full certification exam. Within one year
of the compliance date, control room operators must achieve full
certification;
(2) New operators and operators of new sources must, before assuming
their duties, achieve provisional certification, and must submit an
application to ASME, and be scheduled for the full certification exam.
Within one year of assuming their duties, these operators must achieve
full certification; or
(C) Be trained and certified under a State program.
(iv) Control room operators of cement kilns, lightweight aggregate
kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid
production furnaces must be trained and certified under:
(A) A site-specific, source-developed and implemented program that
meets the requirements of paragraph (c)(6)(v) of this section; or
(B) A State program.
(v) Site-specific, source developed and implemented training
programs for control room operators must include the following elements:
(A) Training on the following subjects:
(1) Environmental concerns, including types of emissions;
(2) Basic combustion principles, including products of combustion;
(3) Operation of the specific type of combustor used by the
operator, including proper startup, waste firing, and shutdown
procedures;
(4) Combustion controls and continuous monitoring systems;
(5) Operation of air pollution control equipment and factors
affecting performance;
(6) Inspection and maintenance of the combustor, continuous
monitoring systems, and air pollution control devices;
(7) Actions to correct malfunctions or conditions that may lead to
malfunction;
(8) Residue characteristics and handling procedures; and
(9) Applicable Federal, state, and local regulations, including
Occupational Safety and Health Administration workplace standards; and
(B) An examination designed and administered by the instructor; and
(C) Written material covering the training course topics that may
serve as reference material following completion of the course.
(vi) To maintain control room operator qualification under a site-
specific, source developed and implemented training program as provided
by paragraph (c)(6)(v) of this section, control room operators must
complete an annual review or refresher course covering, at a minimum,
the following topics:
(A) Update of regulations;
(B) Combustor operation, including startup and shutdown procedures,
waste firing, and residue handling;
(C) Inspection and maintenance;
(D) Responses to malfunctions or conditions that may lead to
malfunction; and
(E) Operating problems encountered by the operator.
(vii) You must record the operator training and certification
program in the operating record.
[[Page 35]]
(7) Operation and maintenance plan--(i) You must prepare and at all
times operate according to an operation and maintenance plan that
describes in detail procedures for operation, inspection, maintenance,
and corrective measures for all components of the combustor, including
associated pollution control equipment, that could affect emissions of
regulated hazardous air pollutants.
(ii) The plan must prescribe how you will operate and maintain the
combustor in a manner consistent with good air pollution control
practices for minimizing emissions at least to the levels achieved
during the comprehensive performance test.
(iii) This plan ensures compliance with the operation and
maintenance requirements of Sec. 63.6(e) and minimizes emissions of
pollutants, automatic waste feed cutoffs, and malfunctions.
(iv) You must record the plan in the operating record.
(8) Bag leak detection system requirements. (i) If your combustor is
equipped with a baghouse (fabric filter), you must continuously operate
either:
(A) A bag leak detection system that meets the specifications and
requirements of paragraph (c)(8)(ii) of this section and you must comply
with the corrective measures and notification requirements of paragraphs
(c)(8)(iii) and (iv) of this section; or
(B) A particulate matter detection system under paragraph (c)(9) of
this section.
(ii) Bag leak detection system specification and requirements. (A)
The bag leak detection system must be certified by the manufacturer to
be capable of continuously detecting and recording particulate matter
emissions at concentrations of 1.0 milligrams per actual cubic meter
unless you demonstrate, under Sec. 63.1209(g)(1), that a higher
detection limit would routinely detect particulate matter loadings
during normal operations;
(B) The bag leak detection system shall provide output of relative
or absolute particulate matter loadings;
(C) The bag leak detection system shall be equipped with an alarm
system that will sound an audible alarm when an increase in relative
particulate loadings is detected over a preset level;
(D) The bag leak detection system shall be installed and operated in
a manner consistent with available written guidance from the U.S.
Environmental Protection Agency or, in the absence of such written
guidance, the manufacturer's written specifications and recommendations
for installation, operation, and adjustment of the system;
(E) The initial adjustment of the system shall, at a minimum,
consist of establishing the baseline output by adjusting the sensitivity
(range) and the averaging period of the device, and establishing the
alarm set points and the alarm delay time;
(F) Following initial adjustment, you must not adjust the
sensitivity or range, averaging period, alarm set points, or alarm delay
time, except as detailed in the operation and maintenance plan required
under paragraph (c)(7) of this section. You must not increase the
sensitivity by more than 100 percent or decrease the sensitivity by more
than 50 percent over a 365 day period unless such adjustment follows a
complete baghouse inspection which demonstrates the baghouse is in good
operating condition;
(G) For negative pressure or induced air baghouses, and positive
pressure baghouses that are discharged to the atmosphere through a
stack, the bag leak detector shall be installed downstream of the
baghouse and upstream of any wet acid gas scrubber; and
(H) Where multiple detectors are required, the system's
instrumentation and alarm system may be shared among the detectors.
(iii) Bag leak detection system corrective measures requirements.
The operating and maintenance plan required by paragraph (c)(7) of this
section must include a corrective measures plan that specifies the
procedures you will follow in the case of a bag leak detection system
alarm or malfunction. The corrective measures plan must include, at a
minimum, the procedures used to determine and record the time and cause
of the alarm or bag leak detection system malfunction in accordance with
the requirements of paragraph (c)(8)(iii)(A) of this section as well as
[[Page 36]]
the corrective measures taken to correct the control device or bag leak
detection system malfunction or to minimize emissions in accordance with
the requirements of paragraph (c)(8)(iii)(B) of this section. Failure to
initiate the corrective measures required by this paragraph is failure
to ensure compliance with the emission standards in this subpart.
(A) You must initiate the procedures used to determine the cause of
the alarm or bag leak detection system malfunction within 30 minutes of
the time the alarm first sounds; and
(B) You must alleviate the cause of the alarm or bag leak detection
system malfunction by taking the necessary corrective measure(s) which
may include, but are not to be limited to, the following:
(1) Inspecting the baghouse for air leaks, torn or broken filter
elements, or any other malfunction that may cause an increase in
emissions;
(2) Sealing off defective bags or filter media;
(3) Replacing defective bags or filter media, or otherwise repairing
the control device;
(4) Sealing off a defective baghouse compartment;
(5) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system; or
(6) Shutting down the combustor.
(iv) Excessive exceedances notification. If you operate the
combustor when the detector response exceeds the alarm set-point or the
bag leak detection system is malfunctioning more than 5 percent of the
time during any 6-month block time period, you must submit a
notification to the Administrator within 30 days of the end of the 6-
month block time period that describes the causes of the exceedances and
bag leak detection system malfunctions and the revisions to the design,
operation, or maintenance of the combustor, baghouse, or bag leak
detection system you are taking to minimize exceedances and bag leak
detection system malfunctions. To document compliance with this
requirement:
(A) You must keep records of the date, time, and duration of each
alarm and bag leak detection system malfunction, the time corrective
action was initiated and completed, and a brief description of the cause
of the alarm or bag leak detection system malfunction and the corrective
action taken;
(B) You must record the percent of the operating time during each 6-
month period that the alarm sounds and the bag leak detection system
malfunctions;
(C) If inspection of the fabric filter demonstrates that no
corrective action is required, then no alarm time is counted; and
(D) If corrective action is required, each alarm shall be counted as
a minimum of 1 hour. Each bag leak detection system malfunction shall
also be counted as a minimum of 1 hour.
(9) Particulate matter detection system requirements. You must
continuously operate a particulate matter detection system (PMDS) that
meets the specifications and requirements of paragraphs (c)(9)(i)
through (v) of this section and you must comply with the corrective
measures and notification requirements of paragraphs (c)(9)(vii) and
(viii) of this section if your combustor either: Is equipped with an
electrostatic precipitator or ionizing wet scrubber and you do not
establish site-specific control device operating parameter limits under
Sec. 63.1209(m)(1)(iv) that are linked to the automatic waste feed
cutoff system under paragraph (c)(3) of this section, or is equipped
with a baghouse (fabric filter) and you do not operate a bag leak
detection system as provided by paragraph (c)(8)(i)(B) of this section.
(i) PMDS requirements.--(A) The PMDS must be certified by the
manufacturer to be capable of continuously detecting and recording
particulate matter emissions at concentrations of 1.0 milligrams per
actual cubic meter unless you demonstrate, under Sec. 63.1209(g)(1),
that a higher detection limit would routinely detect particulate matter
loadings during normal operations;
(B) The particulate matter detector shall provide output of relative
or absolute particulate matter loadings;
[[Page 37]]
(C) The PMDS shall be equipped with an alarm system that will sound
an audible alarm when an increase in relative or absolute particulate
loadings is detected over the set-point;
(D) You must install, operate, and maintain the PMDS in a manner
consistent with the provisions of paragraph (c)(9) of this section and
available written guidance from the U.S. Environmental Protection Agency
or, in the absence of such written guidance, the manufacturer's written
specifications and recommendations for installation, operation,
maintenance and quality assurance of the system.
(1) Set-points established without extrapolation. If you establish
the alarm set-point without extrapolation under paragraph (c)(9)(iii)(A)
of this section, you must request approval from the regulatory
authority, in the continuous monitoring system test plan, of the quality
assurance procedures that will reasonably ensure that PMDS response
values below the alarm set-point correspond to PM emission
concentrations below those demonstrated during the comprehensive
performance test. Your recommended quality assurance procedures may
include periodic testing under as-found conditions (i.e., normal
operations) to obtain additional PM concentration and PMDS response run
pairs, as warranted.
(2) Set-points established with extrapolation. If you establish the
alarm set-point by extrapolation under paragraph (c)(9)(iii)(B) of this
section, you must request approval from the regulatory authority, in the
continuous monitoring system test plan, of the quality assurance
procedures that will reasonably ensure that PMDS response values below
the alarm set-point correspond to PM emission concentrations below the
value that correlates to the alarm set-point.
(E) You must include procedures for installation, operation,
maintenance, and quality assurance of the PMDS in the site-specific
continuous monitoring system test plan required under Sec. Sec.
63.1207(e) and 63.8(e)(3);
(F) Where multiple detectors are required to monitor multiple
control devices, the system's instrumentation and alarm system may be
shared among the detectors.
(G) You must establish the alarm set-point as a 6-hour rolling
average as provided by paragraphs (c)(9)(ii), (c)(9)(iii), and
(c)(9)(iv) of this section;
(H) Your PMDS must complete a minimum of one cycle of operation
(sampling, analyzing, and data recording) for each successive 15-minute
period. You must update the 6-hour rolling average of the detector
response each hour with a one-hour block average that is the average of
the detector responses over each 15-minute block; and
(I) If you exceed the alarm set-point (or if your PMDS
malfunctions), you must comply with the corrective measures under
paragraph (c)(9)(vii) of this section.
(ii) Establishing the alarm set-point for operations under the
Documentation of Compliance. You must establish the alarm set-point for
operations under the Documentation of Compliance (i.e., after the
compliance date but prior to submitting a Notification of Compliance
subsequent to conducting the initial comprehensive performance test) of
an existing source as follows:
(A) You must obtain a minimum of three pairs of Method 5 or 5I data,
provided in appendix A-3 to part 60 of this chapter, and PMDS data to
establish an approximate correlation curve. Data obtained up to 60
months prior to the compliance date may be used provided that the design
and operation of the combustor or PMDS has not changed in a manner that
may adversely affect the correlation of PM concentrations and PMDS
response.
(B) You must request approval from the regulatory authority, in the
continuous monitoring system test plan, of your determination whether
multiple correlation curves are needed considering the design and
operation of your combustor and PMDS.
(C) You must approximate the correlation of the reference method
data to the PMDS data.
(1) You may assume a linear correlation of the PMDS response to
particulate matter emission concentrations;
(2) You may include a zero point correlation value. To establish a
zero point, you must follow one or more of the following steps:
[[Page 38]]
(i) Zero point data for in-situ instruments should be obtained, to
the extent possible, by removing the instrument from the stack and
monitoring ambient air on a test bench;
(ii) Zero point data for extractive instruments should be obtained
by removing the extractive probe from the stack and drawing in clean
ambient air;
(iii) Zero point data also can be obtained by performing manual
reference method measurements when the flue gas is free of PM emissions
or contains very low PM concentrations (e.g., when your process is not
operating, but the fans are operating or your source is combusting only
natural gas); and
(iv) If none of the steps in paragraphs (c)(9)(ii)(B)(2)(i) through
(iii) of this section are possible, you must estimate the monitor
response when no PM is in the flue gas (e.g., 4 mA = 0 mg/acm).
(3) For reference method data that were obtained from runs during a
test condition where controllable operating factors were held constant,
you must average the test run averages of PM concentrations and PMDS
responses to obtain a single pair of data for PM concentration and PMDS
response. You may use this pair of data and the zero point to define a
linear correlation model for the PMDS.
(D) You must establish the alarm set-point as the PMDS response that
corresponds to a PM concentration that is 50% of the PM emission
standard or 125% of the highest PM concentration used to develop the
correlation, whichever is greater. For reference method data that were
obtained from runs during a test condition where controllable operating
factors were held constant, you must use the average of the test run
averages of PM concentrations for extrapolating the alarm set-point. The
PM emission concentration used to extrapolate the alarm set-point must
not exceed the PM emission standard, however.
(iii) Establishing the initial alarm set-point for operations under
the Notification of Compliance. You must establish the initial alarm
set-point for operations under the Notification of Compliance as
provided by either paragraph (c)(9)(iii)(A) or paragraph (c)(9)(iii)(B)
of this section. You must periodically revise the alarm set-point as
provided by paragraph (c)(9)(iv) of this section.
(A) Establishing the initial set-point without extrapolation. (1) If
you establish the initial alarm set-point without extrapolation, the
alarm set-point is the average of the test run averages of the PMDS
response during the runs of the comprehensive performance test that
document compliance with the PM emission standard.
(2) During the comprehensive performance test, you may simulate PM
emission concentrations at the upper end of the range of normal
operations by means including feeding high levels of ash and detuning
the emission control equipment.
(B) Establishing the initial set-point by extrapolation. You may
extrapolate the particulate matter detector response to establish the
alarm set-point under the following procedures:
(1) You must request approval from the regulatory authority, in the
continuous monitoring system test plan, of the procedures you will use
to establish an approximate correlation curve using the three pairs of
Method 5 or 5I data (see methods in appendix A-3 of part 60 of this
chapter) and PMDS data from the comprehensive performance test, the data
pairs used to establish the correlation curve for the Documentation of
Compliance under paragraph (c)(9)(ii) of this section, and additional
data pairs, as warranted.
(2) You must request approval from the regulatory authority, in the
continuous monitoring system test plan, of your determination of whether
multiple correlation curves are needed considering the design and
operation of your combustor and PMDS. If so, you must recommend the
number of data pairs needed to establish those correlation curves and
how the data will be obtained.
(3) During the comprehensive performance test, you may simulate PM
emission concentrations at the upper end of the range of normal
operations by means including feeding high levels of ash and detuning
the emission control equipment.
(4) Data obtained up to 60 months prior to the comprehensive
performance test may be used provided that
[[Page 39]]
the design and operation of the combustor or PMDS has not changed in a
manner that may adversely affect the correlation of PM concentrations
and PMDS response.
(5) You may include a zero point correlation value. To establish a
zero point, you must follow the procedures under paragraph
(c)(9)(ii)(C)(2) of this section.
(6) You must use a least-squares regression model to correlate PM
concentrations to PMDS responses for data pairs. You may assume a linear
regression model approximates the relationship between PM concentrations
and PMDS responses.
(7) You must establish the alarm set-point as the PMDS response that
corresponds to a PM concentration that is 50% of the PM emission
standard or 125% of the highest PM concentration used to develop the
correlation, whichever is greater. The emission concentration used to
extrapolate the PMDS response must not exceed the PM emission standard.
(iv) Revising the Notification of Compliance alarm set-point--(A)
Revising set-points established without extrapolation. If you establish
the alarm set-point without extrapolation under paragraph (c)(9)(iii)(A)
of this section, you must establish a new alarm set-point in the
Notification of Compliance following each comprehensive performance test
as the average of the test run averages of the PMDS response during the
runs of the comprehensive performance test that document compliance with
the PM emission standard.
(B) Revising set-points established with extrapolation. If you
establish the alarm set-point by extrapolation under paragraph
(c)(9)(iii)(B) of this section, you must request approval from the
regulatory authority, in the continuous monitoring system test plan, of
the procedures for periodically revising the alarm set-point,
considering the additional data pairs obtained during periodic
comprehensive performance tests and data pairs obtained from other
tests, such as for quality assurance.
(v) Quality assurance--(A) Set-points established without
extrapolation. If you establish the alarm set-point without
extrapolation under paragraph (c)(9)(iii)(A) of this section, you must
request approval from the regulatory authority, in the continuous
monitoring system test plan, of the quality assurance procedures that
reasonably ensure that PMDS response values below the alarm set-point
correspond to PM emission concentrations below the average of the PM
concentrations demonstrated during the comprehensive performance test.
Your recommended quality assurance procedures may include periodic
testing under as-found conditions (i.e., normal operations) to obtain
additional PM concentration and PMDS response run pairs, as warranted.
(B) Set-points established with extrapolation. If you establish the
alarm set-point by extrapolation under paragraph (c)(9)(iii)(B) of this
section, you must request approval from the regulatory authority, in the
continuous monitoring system test plan, of the quality assurance
procedures that reasonably ensure that PMDS response values below the
alarm set-point correspond to PM emission concentrations below the value
that correlated to the alarm set-point.
(vi) PMDS are used for compliance assurance only. For a PMDS for
which the alarm set-point is established by extrapolation using a
correlation curve under paragraphs (c)(9)(ii), (c)(9)(iii)(B), and
(c)(9)(iv)(B) of this section, an exceedance of the PMDS response that
appears to correlate with a PM concentration that exceeds the PM
emission standard is not by itself evidence that the standard has been
exceeded.
(vii) PMDS corrective measures requirements. The operating and
maintenance plan required by paragraph (c)(7) of this section must
include a corrective measures plan that specifies the procedures you
will follow in the case of a PMDS alarm or malfunction. The corrective
measures plan must include, at a minimum, the procedures used to
determine and record the time and cause of the alarm or PMDS malfunction
as well as the corrective measures taken to correct the control device
or PMDS malfunction or minimize emissions as specified below. Failure to
initiate the corrective measures required by this paragraph is failure
to ensure compliance with the emission standards in this subpart.
[[Page 40]]
(A) You must initiate the procedures used to determine the cause of
the alarm or PMDS malfunction within 30 minutes of the time the alarm
first sounds or the PMDS malfunctions; and
(B) You must alleviate the cause of the alarm or the PMDS
malfunction by taking the necessary corrective measure(s) which may
include shutting down the combustor.
(viii) Excessive exceedances notification. If you operate the
combustor when the detector response exceeds the alarm set-point or when
the PMDS is malfunctioning more than 5 percent of the time during any 6-
month block time period, you must submit a notification to the
Administrator within 30 days of the end of the 6-month block time period
that describes the causes of the exceedances and the revisions to the
design, operation, or maintenance of the combustor, emission control
device, or PMDS you are taking to minimize exceedances. To document
compliance with this requirement:
(A) You must keep records of the date, time, and duration of each
alarm and PMDS malfunction, the time corrective action was initiated and
completed, and a brief description of the cause of the alarm or PMDS
malfunction and the corrective action taken;
(B) You must record the percent of the operating time during each 6-
month period that the alarm sounds and the PMDS malfunctions;
(C) If inspection of the emission control device demonstrates that
no corrective action is required, then no alarm time is counted; and
(D) If corrective action to the emission control device is required,
each alarm shall be counted as a minimum of 1 hour. Each PMDS
malfunction shall also be counted as a minimum of 1 hour.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42298, July 10, 2000;
65 FR 67271, Nov. 9, 2000; 66 FR 24272, May 14, 2001; 66 FR 35103, July
3, 2001; 66 FR 63317, Dec. 7, 2001; 67 FR 6813, Feb. 13, 2002; 67 FR
6989, Feb. 14, 2002; 67 FR 77691, Dec. 19, 2002; 70 FR 59541, Oct. 12,
2005; 70 FR 75047, Dec. 19, 2005; 71 FR 20459, Apr. 20, 2006; 71 FR
62393, Oct. 25, 2006; 73 FR 18979, Apr. 8, 2008; 73 FR 64094, Oct. 28,
2008]
Sec. 63.1207 What are the performance testing requirements?
(a) General. The provisions of Sec. 63.7 apply, except as noted
below.
(b) Types of performance tests--(1) Comprehensive performance test.
You must conduct comprehensive performance tests to demonstrate
compliance with the emission standards provided by this subpart,
establish limits for the operating parameters provided by Sec. 63.1209,
and demonstrate compliance with the performance specifications for
continuous monitoring systems.
(2) Confirmatory performance test. You must conduct confirmatory
performance tests to:
(i) Demonstrate compliance with the dioxin/furan emission standard
when the source operates under normal operating conditions; and
(ii) Conduct a performance evaluation of continuous monitoring
systems required for compliance assurance with the dioxin/furan emission
standard under Sec. 63.1209(k).
(3) One-Time Dioxin/Furan Test for Sources Not Subject to a
Numerical Dioxin/Furan Standard. For solid fuel boilers and hydrochloric
acid production furnaces, for lightweight aggregate kilns that are not
subject to a numerical dioxin/furan emission standard under Sec.
63.1221, and liquid fuel boilers that are not subject to a numerical
dioxin/furan emission standard under Sec. 63.1217, you must conduct a
one-time emission test for dioxin/furan under feed and operating
conditions that are most likely to reflect daily maximum operating
variability, similar to a dioxin/furan comprehensive performance test.
(i) You must conduct the dioxin/furan emissions test no later than
the deadline for conducting the initial comprehensive performance test.
(ii) You may use dioxin/furan emissions data from previous testing
to meet this requirement, provided that:
(A) The testing was conducted under feed and operating conditions
that are most likely to reflect daily maximum operating variability,
similar to a dioxin/furan compliance test;
(B) You have not changed the design or operation of the source in a
manner that could significantly affect stack
[[Page 41]]
gas dioxin/furan emission concentrations; and
(C) The data meet quality assurance objectives that may be
determined on a site-specific basis.
(iii) You may use dioxin/furan emissions data from a source to
represent emissions from another on-site source in lieu of testing
(i.e., data in lieu of testing) if the design and operation, including
hazardous waste feed and other feedstreams, of the sources are
identical.
(iv) You must include the results of the one-time dioxin/furan
emissions test with the results of the initial comprehensive performance
test in the Notification of Compliance.
(v) You must repeat the dioxin/furan emissions test if you change
the design or operation of the source in a manner that may increase
dioxin/furan emissions.
(vi) Sources that are required to perform the one-time dioxin/furan
test pursuant to paragraph (b)(3) of this section are not required to
perform confirmatory performance tests.
(c) Initial comprehensive performance test--(1) Test date. Except as
provided by paragraphs (c)(2) and (c)(3) of this section, you must
commence the initial comprehensive performance test not later than six
months after the compliance date.
(2) Data in lieu of the initial comprehensive performance test. (i)
You may request that previous emissions test data serve as documentation
of conformance with the emission standards of this subpart provided that
the previous testing:
(A) Was initiated after 54 months prior to the compliance date,
except as provided by paragraphs (c)(2)(iii) or (c)(2)(iv) of this
section;
(B) Results in data that meet quality assurance objectives
(determined on a site-specific basis) such that the results demonstrate
compliance with the applicable standards;
(C) Was in conformance with the requirements of paragraph (g)(1) of
this section; and
(D) Was sufficient to establish the applicable operating parameter
limits under Sec. 63.1209.
(ii) You must submit data in lieu of the initial comprehensive
performance test in lieu of (i.e., if the data are in lieu of all
performance testing) or with the notification of performance test
required under paragraph (e) of this section.
(iii) The data in lieu test age restriction provided in paragraph
(c)(2)(i)(A) of this section does not apply for the duration of the
interim standards (i.e., the standards published in the Federal Register
on February 13, 2002, 67 FR 6792). See 40 CFR parts 63, 264, 265, 266,
270, and 271 revised as of July 1, 2002. Paragraph (c)(2)(i)(A) of this
section does not apply until EPA promulgates permanent replacement
standards pursuant to the Settlement Agreement noticed in the Federal
Register on November 16, 2001 (66 FR 57715).
(iv) The data in lieu test age restriction provided in paragraph
(c)(2)(i)(A) of this section does not apply to DRE data provided you do
not feed hazardous waste at a location in the combustion system other
than the normal flame zone.
(3) For incinerators, cement kilns, and lightweight aggregate kilns,
you must commence the initial comprehensive performance test to
demonstrate compliance with the standards under Sec. Sec. 63.1219,
63.1220, and 63.1221 not later than 12 months after the compliance date.
(d) Frequency of testing. Except as otherwise specified in paragraph
(d)(4) of this section, you must conduct testing periodically as
prescribed in paragraphs (d)(1) through (d)(3) of this section. The date
of commencement of the initial comprehensive performance test is the
basis for establishing the deadline to commence the initial confirmatory
performance test and the next comprehensive performance test. You may
conduct performance testing at any time prior to the required date. The
deadline for commencing subsequent confirmatory and comprehensive
performance testing is based on the date of commencement of the previous
comprehensive performance test. Unless the Administrator grants a time
extension under paragraph (i) of this section, you must conduct testing
as follows:
(1) Comprehensive performance testing. Except as otherwise specified
in paragraph (d)(4) of this section, you must
[[Page 42]]
commence testing no later than 61 months after the date of commencing
the previous comprehensive performance test used to show compliance with
Sec. 63.1216, Sec. 63.1217, Sec. 63.1218, Sec. 63.1219, Sec.
63.1220, or Sec. 63.1221. If you submit data in lieu of the initial
performance test, you must commence the subsequent comprehensive
performance test within 61 months of commencing the test used to provide
the data in lieu of the initial performance test.
(2) Confirmatory performance testing. Except as otherwise specified
in paragraph (d)(4) of this section, you must commence confirmatory
performance testing no later than 31 months after the date of commencing
the previous comprehensive performance test used to show compliance with
Sec. 63.1217, Sec. 63.1219, Sec. 63.1220, or Sec. 63.1221. If you
submit data in lieu of the initial performance test, you must commence
the initial confirmatory performance test within 31 months of the date
six months after the compliance date. To ensure that the confirmatory
test is conducted approximately midway between comprehensive performance
tests, the Administrator will not approve a test plan that schedules
testing within 18 months of commencing the previous comprehensive
performance test.
(3) Duration of testing. You must complete performance testing
within 60 days after the date of commencement, unless the Administrator
determines that a time extension is warranted based on your
documentation in writing of factors beyond your control that prevent you
from meeting the 60-day deadline.
(4) Applicable testing requirements under the interim standards--(i)
Waiver of periodic comprehensive performance tests. Except as provided
by paragraph (c)(2) of this section, you must conduct only an initial
comprehensive performance test under the interim standards (Sec. Sec.
63.1203 through 63.1205); all subsequent comprehensive performance
testing requirements are waived under the interim standards. The
provisions in the introductory text to paragraph (d) and in paragraph
(d)(1) of this section apply only to tests used to demonstrate
compliance with the standards under Sec. Sec. 63.1219 through 63.1221.
(ii) Waiver of confirmatory performance tests. You are not required
to conduct a confirmatory test under the interim standards (Sec. Sec.
63.1203 through 63.1205). The confirmatory testing requirements in the
introductory text to paragraph (d) and in paragraph (d)(2) of this
section apply only after you have demonstrated compliance with the
standards under Sec. Sec. 63.1219 through 63.1221.
(e) Notification of performance test and CMS performance evaluation,
and approval of test plan and CMS performance evaluation plan. (1) The
provisions of Sec. 63.7(b) and (c) and Sec. 63.8(e) apply, except:
(i) Comprehensive performance test. You must submit to the
Administrator a notification of your intention to conduct a
comprehensive performance test and CMS performance evaluation and a
site-specific test plan and CMS performance evaluation test plan at
least one year before the performance test and performance evaluation
are scheduled to begin.
(A) The Administrator will notify you of approval or intent to deny
approval of the site-specific test plan and CMS performance evaluation
test plan within 9 months after receipt of the original plan.
(B) You must submit to the Administrator a notification of your
intention to conduct the comprehensive performance test at least 60
calendar days before the test is scheduled to begin.
(ii) Confirmatory performance test. You must submit to the
Administrator a notification of your intention to conduct a confirmatory
performance test and CMS performance evaluation and a site-specific test
plan and CMS performance evaluation test plan at least 60 calendar days
before the performance test is scheduled to begin. The Administrator
will notify you of approval or intent to deny approval of the site-
specific test plan and CMS performance evaluation test plan within 30
calendar days after receipt of the original test plans.
(2) You must make your site-specific test plan and CMS performance
evaluation test plan available to the public for review no later than 60
calendar days before initiation of the test. You must issue a public
notice to all persons on your facility/public mailing list
[[Page 43]]
(developed pursuant to 40 CFR 70.7(h), 71.11(d)(3)(i)(E) and
124.10(c)(1)(ix)) announcing the availability of the test plans and the
location where the test plans are available for review. The test plans
must be accessible to the public for 60 calendar days, beginning on the
date that you issue your public notice. The location must be
unrestricted and provide access to the public during reasonable hours
and provide a means for the public to obtain copies. The notification
must include the following information at a minimum:
(i) The name and telephone number of the source's contact person;
(ii) The name and telephone number of the regulatory agency's
contact person;
(iii) The location where the test plans and any necessary supporting
documentation can be reviewed and copied;
(iv) The time period for which the test plans will be available for
public review; and
(v) An expected time period for commencement and completion of the
performance test and CMS performance evaluation test.
(3) Petitions for time extension if Administrator fails to approve
or deny test plans. You may petition the Administrator under Sec.
63.7(h) to obtain a ``waiver'' of any performance test--initial or
periodic performance test; comprehensive or confirmatory test. The
``waiver'' would be implemented as an extension of time to conduct the
performance test at a later date.
(i) Qualifications for the waiver. (A) You may not petition the
Administrator for a waiver under this section if the Administrator has
issued a notification of intent to deny your test plan(s) under Sec.
63.7(c)(3)(i)(B);
(B) You must submit a site-specific emissions testing plan and a
continuous monitoring system performance evaluation test plan at least
one year before a comprehensive performance test is scheduled to begin
as required by paragraph (c)(1) of this section, or at least 60 days
before a confirmatory performance test is scheduled to begin as required
by paragraph (d) of this section. The test plans must include all
required documentation, including the substantive content requirements
of paragraph (f) of this section and Sec. 63.8(e); and
(C) You must make a good faith effort to accommodate the
Administrator's comments on the test plans.
(ii) Procedures for obtaining a waiver and duration of the waiver.
(A) You must submit to the Administrator a waiver petition or request to
renew the petition under Sec. 63.7(h) separately for each source at
least 60 days prior to the scheduled date of the performance test;
(B) The Administrator will approve or deny the petition within 30
days of receipt and notify you promptly of the decision;
(C) The Administrator will not approve an individual waiver petition
for a duration exceeding 6 months;
(D) The Administrator will include a sunset provision in the waiver
ending the waiver within 6 months;
(E) You may submit a revised petition to renew the waiver under
Sec. 63.7(h)(3)(iii) at least 60 days prior to the end date of the most
recently approved waiver petition;
(F) The Administrator may approve a revised petition for a total
waiver period up to 12 months.
(iii) Content of the waiver. (A) You must provide documentation to
enable the Administrator to determine that the source is meeting the
relevant standard(s) on a continuous basis as required by Sec.
63.7(h)(2). For extension requests for the initial comprehensive
performance test, you must submit your Documentation of Compliance to
assist the Administrator in making this determination.
(B) You must include in the petition information justifying your
request for a waiver, such as the technical or economic infeasibility,
or the impracticality, of the affected source performing the required
test, as required by Sec. 63.7(h)(3)(iii).
(iv) Public notice. At the same time that you submit your petition
to the Administrator, you must notify the public (e.g., distribute a
notice to the facility/public mailing list developed pursuant to 40 CFR
70.7(h), 71.11(d)(3)(i)(E) and 124.10(c)(1)(ix)) of your petition to
waive a performance test. The notification must include all
[[Page 44]]
of the following information at a minimum:
(A) The name and telephone number of the source's contact person;
(B) The name and telephone number of the regulatory agency's contact
person;
(C) The date the source submitted its site-specific performance test
plan and CMS performance evaluation test plans; and
(D) The length of time requested for the waiver.
(f) Content of performance test plan. The provisions of Sec. Sec.
63.7(c)(2)(i)-(iii) and (v) regarding the content of the test plan
apply. In addition, you must include the following information in the
test plan:
(1) Content of comprehensive performance test plan. (i) An analysis
of each feedstream, including hazardous waste, other fuels, and
industrial furnace feedstocks, as fired, that includes:
(A) Heating value, levels of ash (for hazardous waste incinerators
only), levels of semivolatile metals, low volatile metals, mercury, and
total chlorine (organic and inorganic); and
(B) Viscosity or description of the physical form of the feedstream;
(ii) For organic hazardous air pollutants established by 42 U.S.C.
7412(b)(1), excluding caprolactam (CAS number 105602) as provided by
Sec. 63.60:
(A) Except as provided by paragraph (f)(1)(ii)(D) of this section,
an identification of such organic hazardous air pollutants that are
present in each hazardous waste feedstream. You need not analyze for
organic hazardous air pollutants that would reasonably not be expected
to be found in the feedstream. You must identify any constituents you
exclude from analysis and explain the basis for excluding them. You must
conduct the feedstream analysis according to Sec. 63.1208(b)(8);
(B) An approximate quantification of such identified organic
hazardous air pollutants in the hazardous waste feedstreams, within the
precision produced by analytical procedures of Sec. 63.1208(b)(8); and
(C) A description of blending procedures, if applicable, prior to
firing the hazardous waste feedstream, including a detailed analysis of
the materials prior to blending, and blending ratios.
(D) The Administrator may approve on a case-by-case basis a
hazardous waste feedstream analysis for organic hazardous air pollutants
in lieu of the analysis required under paragraph (f)(1)(ii)(A) of this
section if the reduced analysis is sufficient to ensure that the POHCs
used to demonstrate compliance with the applicable DRE standards of this
subpart continue to be representative of the most difficult to destroy
organic compounds in your hazardous waste feedstreams;
(iii) A detailed engineering description of the hazardous waste
combustor, including:
(A) Manufacturer's name and model number of the hazardous waste
combustor;
(B) Type of hazardous waste combustor;
(C) Maximum design capacity in appropriate units;
(D) Description of the feed system for each feedstream;
(E) Capacity of each feed system;
(F) Description of automatic hazardous waste feed cutoff system(s);
(G) Description of the design, operation, and maintenance practices
for any air pollution control system; and
(H) Description of the design, operation, and maintenance practices
of any stack gas monitoring and pollution control monitoring systems;
(iv) A detailed description of sampling and monitoring procedures
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis;
(v) A detailed test schedule for each hazardous waste for which the
performance test is planned, including date(s), duration, quantity of
hazardous waste to be burned, and other relevant factors;
(vi) A detailed test protocol, including, for each hazardous waste
identified, the ranges of hazardous waste feedrate for each feed system,
and, as appropriate, the feedrates of other fuels and feedstocks, and
any other relevant parameters that may affect the ability of the
hazardous waste combustor to meet the emission standards;
[[Page 45]]
(vii) A description of, and planned operating conditions for, any
emission control equipment that will be used;
(viii) Procedures for rapidly stopping the hazardous waste feed and
controlling emissions in the event of an equipment malfunction;
(ix) A determination of the hazardous waste residence time as
required by Sec. 63.1206(b)(11);
(x) If you are requesting to extrapolate metal feedrate limits from
comprehensive performance test levels under Sec. Sec. 63.1209(l)(1)(v)
or 63.1209(n)(2)(vii):
(A) A description of the extrapolation methodology and rationale for
how the approach ensures compliance with the emission standards;
(B) Documentation of the historical range of normal (i.e., other
than during compliance testing) metals feedrates for each feedstream;
(C) Documentation that the level of spiking recommended during the
performance test will mask sampling and analysis imprecision and
inaccuracy to the extent that the extrapolated feedrate limits
adequately assure compliance with the emission standards;
(xi) If you do not continuously monitor regulated constituents in
natural gas, process air feedstreams, and feedstreams from vapor
recovery systems under Sec. 63.1209(c)(5), you must include
documentation of the expected levels of regulated constituents in those
feedstreams;
(xii) Documentation justifying the duration of system conditioning
required to ensure the combustor has achieved steady-state operations
under performance test operating conditions, as provided by paragraph
(g)(1)(iii) of this section;
(xiii) For cement kilns with in-line raw mills, if you elect to use
the emissions averaging provision of this subpart, you must notify the
Administrator of your intent in the initial (and subsequent)
comprehensive performance test plan, and provide the information
required by the emission averaging provision;
(xiv) For preheater or preheater/precalciner cement kilns with dual
stacks, if you elect to use the emissions averaging provision of this
subpart, you must notify the Administrator of your intent in the initial
(and subsequent) comprehensive performance test plan, and provide the
information required by the emission averaging provision;
(xv) If you request to use Method 23 for dioxin/furan you must
provide the information required under Sec. 63.1208(b)(1)(i)(B);
(xvi) If you are not required to conduct performance testing to
document compliance with the mercury, semivolatile metals, low volatile
metals, or hydrogen chloride/chlorine gas emission standards under
paragraph (m) of this section, you must include with the comprehensive
performance test plan documentation of compliance with the provisions of
that section.
(xvii) If you propose to use a surrogate for measuring or monitoring
gas flowrate, you must document in the comprehensive performance test
plan that the surrogate adequately correlates with gas flowrate, as
required by paragraph (m)(7) of this section, and Sec. 63.1209(j)(2),
(k)(3), (m)(2)(i), (n)(5)(i), and (o)(2)(i).
(xviii) You must submit an application to request alternative
monitoring under Sec. 63.1209(g)(1) not later than with the
comprehensive performance test plan, as required by Sec.
63.1209(g)(1)(iii)(A).
(xix) You must document the temperature location measurement in the
comprehensive performance test plan, as required by Sec. Sec.
63.1209(j)(1)(i) and 63.1209(k)(2)(i).
(xx) If your source is equipped with activated carbon injection, you
must document in the comprehensive performance test plan:
(A) The manufacturer specifications for minimum carrier fluid
flowrate or pressure drop, as required by Sec. 63.1209(k)(6)(ii); and
(B) Key parameters that affect carbon adsorption, and the operating
limits you establish for those parameters based on the carbon used
during the performance test, if you elect not to specify and use the
brand and type of carbon used during the comprehensive performance test,
as required by Sec. 63.1209(k)(6)(iii).
(xxi) If your source is equipped with a carbon bed system, and you
elect not to specify and use the brand and type
[[Page 46]]
of carbon used during the comprehensive performance test, you must
include in the comprehensive performance test plan key parameters that
affect carbon adsorption, and the operating limits you establish for
those parameters based on the carbon used during the performance test,
as required by Sec. 63.1209(k)(7)(ii).
(xxii) If you feed a dioxin/furan inhibitor into the combustion
system, you must document in the comprehensive performance test plan key
parameters that affect the effectiveness of the inhibitor, and the
operating limits you establish for those parameters based on the
inhibitor fed during the performance test, if you elect not to specify
and use the brand and type of inhibitor used during the comprehensive
performance test, as required by Sec. 63.1209(k)(9)(ii).
(xxiii) If your source is equipped with a wet scrubber and you elect
to monitor solids content of the scrubber liquid manually but believe
that hourly monitoring of solids content is not warranted, you must
support an alternative monitoring frequency in the comprehensive
performance test plan, as required by Sec. 63.1209(m)(1)(i)(B)(1)(i).
(xxiv) If your source is equipped with a particulate matter control
device other than a wet scrubber, baghouse, or electrostatic
precipitator, you must include in the comprehensive performance test
plan:
(A) Documentation to support the operating parameter limits you
establish for the control device, as required by Sec.
63.1209(m)(1)(iv)(A)(4); and
(B) Support for the use of manufacturer specifications if you
recommend such specifications in lieu of basing operating limits on
performance test operating levels, as required by Sec.
63.1209(m)(1)(iv)(D).
(xxv) If your source is equipped with a dry scrubber to control
hydrogen chloride and chlorine gas, you must document in the
comprehensive performance test plan key parameters that affect
adsorption, and the limits you establish for those parameters based on
the sorbent used during the performance test, if you elect not to
specify and use the brand and type of sorbent used during the
comprehensive performance test, as required by Sec.
63.1209(o)(4)(iii)(A); and
(xxvi) For purposes of calculating semivolatile metal, low volatile
metal, mercury, and total chlorine (organic and inorganic), and ash
feedrate limits, a description of how you will handle performance test
feedstream analytical results that determines these constituents are not
present at detectable levels.
(xxvii) Such other information as the Administrator reasonably finds
necessary to determine whether to approve the performance test plan.
(2) Content of confirmatory test plan. (i) A description of your
normal hydrocarbon or carbon monoxide operating levels, as specified in
paragraph (g)(2)(i) of this section, and an explanation of how these
normal levels were determined;
(ii) A description of your normal applicable operating parameter
levels, as specified in paragraph (g)(2)(ii) of this section, and an
explanation of how these normal levels were determined;
(iii) A description of your normal chlorine operating levels, as
specified in paragraph (g)(2)(iii) of this section, and an explanation
of how these normal levels were determined;
(iv) If you use carbon injection or a carbon bed, a description of
your normal cleaning cycle of the particulate matter control device, as
specified in paragraph (g)(2)(iv) of this section, and an explanation of
how these normal levels were determined;
(v) A detailed description of sampling and monitoring procedures
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis;
(vi) A detailed test schedule for each hazardous waste for which the
performance test is planned, including date(s), duration, quantity of
hazardous waste to be burned, and other relevant factors;
(vii) A detailed test protocol, including, for each hazardous waste
identified, the ranges of hazardous waste feedrate for each feed system,
and, as appropriate, the feedrates of other fuels and feedstocks, and
any other relevant parameters that may affect the
[[Page 47]]
ability of the hazardous waste combustor to meet the dioxin/furan
emission standard;
(viii) A description of, and planned operating conditions for, any
emission control equipment that will be used;
(ix) Procedures for rapidly stopping the hazardous waste feed and
controlling emissions in the event of an equipment malfunction; and
(x) Such other information as the Administrator reasonably finds
necessary to determine whether to approve the confirmatory test plan.
(g) Operating conditions during testing. You must comply with the
provisions of Sec. 63.7(e). Conducting performance testing under
operating conditions representative of the extreme range of normal
conditions is consistent with the requirement of Sec. 63.7(e)(1) to
conduct performance testing under representative operating conditions.
(1) Comprehensive performance testing--(i) Operations during
testing. For the following parameters, you must operate the combustor
during the performance test under normal conditions (or conditions that
will result in higher than normal emissions):
(A) Chlorine feedrate. You must feed normal (or higher) levels of
chlorine during the dioxin/furan performance test;
(B) Ash feedrate. For hazardous waste incinerators, you must conduct
the following tests when feeding normal (or higher) levels of ash: The
semivolatile metal and low volatile metal performance tests; and the
dioxin/furan and mercury performance tests if activated carbon injection
or a carbon bed is used; and
(C) Cleaning cycle of the particulate matter control device. You
must conduct the following tests when the particulate matter control
device undergoes its normal (or more frequent) cleaning cycle: The
particulate matter, semivolatile metal, and low volatile metal
performance tests; and the dioxin/furan and mercury performance tests if
activated carbon injection or a carbon bed is used.
(ii) Modes of operation. Given that you must establish limits for
the applicable operating parameters specified in Sec. 63.1209 based on
operations during the comprehensive performance test, you may conduct
testing under two or more operating modes to provide operating
flexibility.
(iii) Steady-state conditions. (A) Prior to obtaining performance
test data, you must operate under performance test conditions until you
reach steady-state operations with respect to emissions of pollutants
you must measure during the performance test and operating parameters
under Sec. 63.1209 for which you must establish limits. During system
conditioning, you must ensure that each operating parameter for which
you must establish a limit is held at the level planned for the
performance test. You must include documentation in the performance test
plan under paragraph (f) of this section justifying the duration of
system conditioning.
(B) If you own or operate a hazardous waste cement kiln that
recycles collected particulate matter (i.e., cement kiln dust) into the
kiln, you must sample and analyze the recycled particulate matter prior
to obtaining performance test data for levels of selected metals that
must be measured during performance testing to document that the system
has reached steady-state conditions (i.e., that metals levels have
stabilized). You must document the rationale for selecting metals that
are indicative of system equilibrium and include the information in the
performance test plan under paragraph (f) of this section. To determine
system equilibrium, you must sample and analyze the recycled particulate
matter hourly for each selected metal, unless you submit in the
performance test plan a justification for reduced sampling and analysis
and the Administrator approves in writing a reduced sampling and
analysis frequency.
(2) Confirmatory performance testing. You must conduct confirmatory
performance testing for dioxin/furan under normal operating conditions
for the following parameters:
(i) Carbon monoxide (or hydrocarbon) CEMS emissions levels must be
within the range of the average value to the maximum value allowed,
except as provided by paragraph (g)(2)(v) of this section. The average
value is defined as the sum of the hourly rolling average values
recorded (each minute) over the
[[Page 48]]
previous 12 months, divided by the number of rolling averages recorded
during that time. The average value must not include calibration data,
startup data, shutdown data, malfunction data, and data obtained when
not burning hazardous waste;
(ii) Each operating limit (specified in Sec. 63.1209) established
to maintain compliance with the dioxin/furan emission standard must be
held within the range of the average value over the previous 12 months
and the maximum or minimum, as appropriate, that is allowed, except as
provided by paragraph (g)(2)(v) of this section. The average value is
defined as the sum of the rolling average values recorded over the
previous 12 months, divided by the number of rolling averages recorded
during that time. The average value must not include calibration data,
startup data, shutdown data, malfunction data, and data obtained when
not burning hazardous waste;
(iii) You must feed chlorine at normal feedrates or greater; and
(iv) If the combustor is equipped with carbon injection or carbon
bed, normal cleaning cycle of the particulate matter control device.
(v) The Administrator may approve an alternative range to that
required by paragraphs (g)(2)(i) and (ii) of this section if you
document in the confirmatory performance test plan that it may be
problematic to maintain the required range during the test. In addition,
when making the finding of compliance, the Administrator may consider
test conditions outside of the range specified in the test plan based on
a finding that you could not reasonably maintain the range specified in
the test plan and considering factors including whether the time
duration and level of the parameter when operations were out of the
specified range were such that operations during the confirmatory test
are determined to be reasonably representative of normal operations. In
addition, the Administrator will consider the proximity of the emission
test results to the standard.
(h) Operating conditions during subsequent testing. (1) Current
operating parameter limits established under Sec. 63.1209 are waived
during subsequent comprehensive performance testing.
(2) Current operating parameter limits are also waived during
pretesting prior to comprehensive performance testing for an aggregate
time not to exceed 720 hours of operation (renewable at the discretion
of the Administrator) under an approved test plan or if the source
records the results of the pretesting. Pretesting means:
(i) Operations when stack emissions testing for dioxin/furan,
mercury, semivolatile metals, low volatile metals, particulate matter,
or hydrogen chloride/chlorine gas is being performed; and
(ii) Operations to reach steady-state operating conditions prior to
stack emissions testing under paragraph (g)(1)(iii) of this section.
(i) Time extension for subsequent performance tests. After the
initial comprehensive performance test, you may request up to a one-year
time extension for conducting a comprehensive or confirmatory
performance test to consolidate performance testing with other state or
federally required emission testing, or for other reasons deemed
acceptable by the Administrator. If the Administrator grants a time
extension for a comprehensive performance test, the deadlines for
commencing the next comprehensive and confirmatory tests are based on
the date that the subject comprehensive performance test commences.
(1) You must submit in writing to the Administrator any request
under this paragraph for a time extension for conducting a performance
test.
(2) You must include in the request for an extension for conducting
a performance test the following:
(i) A description of the reasons for requesting the time extension;
(ii) The date by which you will commence performance testing.
(3) The Administrator will notify you in writing of approval or
intention to deny approval of your request for an extension for
conducting a performance test within 30 calendar days after receipt of
sufficient information to evaluate your request. The 30-day approval or
denial period will begin after you have been notified in writing that
[[Page 49]]
your application is complete. The Administrator will notify you in
writing whether the application contains sufficient information to make
a determination within 30 calendar days after receipt of the original
application and within 30 calendar days after receipt of any
supplementary information that you submit.
(4) When notifying you that your application is not complete, the
Administrator will specify the information needed to complete the
application. The Administrator will also provide notice of opportunity
for you to present, in writing, within 30 calendar days after
notification of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
(5) Before denying any request for an extension for performance
testing, the Administrator will notify you in writing of the
Administrator's intention to issue the denial, together with:
(i) Notice of the information and findings on which the intended
denial is based; and
(ii) Notice of opportunity for you to present in writing, within 15
calendar days after notification of the intended denial, additional
information or arguments to the Administrator before further action on
the request.
(6) The Administrator's final determination to deny any request for
an extension will be in writing and will set forth specific grounds upon
which the denial is based. The final determination will be made within
30 calendar days after the presentation of additional information or
argument (if the application is complete), or within 30 calendar days
after the final date specified for the presentation if no presentation
is made.
(j) Notification of compliance--(1) Comprehensive performance test.
(i) Except as provided by paragraphs (j)(4) and (j)(5) of this section,
within 90 days of completion of a comprehensive performance test, you
must postmark a Notification of Compliance documenting compliance with
the emission standards and continuous monitoring system requirements,
and identifying operating parameter limits under Sec. 63.1209.
(ii) Upon postmark of the Notification of Compliance, you must
comply with all operating requirements specified in the Notification of
Compliance in lieu of the limits specified in the Documentation of
Compliance required under Sec. 63.1211(c).
(2) Confirmatory performance test. Except as provided by paragraph
(j)(4) of this section, within 90 days of completion of a confirmatory
performance test, you must postmark a Notification of Compliance
documenting compliance or noncompliance with the applicable dioxin/furan
emission standard.
(3) See Sec. Sec. 63.7(g), 63.9(h), and 63.1210(d) for additional
requirements pertaining to the Notification of Compliance (e.g., you
must include results of performance tests in the Notification of
Compliance).
(4) Time extension. You may submit a written request to the
Administrator for a time extension documenting that, for reasons beyond
your control, you may not be able to meet the 90-day deadline for
submitting the Notification of Compliance after completion of testing.
The Administrator will determine whether a time extension is warranted.
(5) Early compliance. If you conduct the initial comprehensive
performance test prior to the compliance date, you must postmark the
Notification of Compliance within 90 days of completion of the
performance test or by the compliance date, whichever is later.
(k) Failure to submit a timely notification of compliance. (1) If
you fail to postmark a Notification of Compliance by the specified date,
you must cease hazardous waste burning immediately.
(2) Prior to submitting a revised Notification of Compliance as
provided by paragraph (k)(3) of this section, you may burn hazardous
waste only for the purpose of pretesting or comprehensive performance
testing and only for a maximum of 720 hours (renewable at the discretion
of the Administrator).
(3) You must submit to the Administrator a Notification of
Compliance subsequent to a new comprehensive performance test before
resuming hazardous waste burning.
(l) Failure of performance test--(1) Comprehensive performance test.
The provisions of this paragraph do not apply
[[Page 50]]
to the initial comprehensive performance test if you conduct the test
prior to your compliance date.
(i) If you determine (based on CEM recordings, results of analyses
of stack samples, or results of CMS performance evaluations) that you
have exceeded any emission standard during a comprehensive performance
test for a mode of operation, you must cease hazardous waste burning
immediately under that mode of operation. You must make this
determination within 90 days following completion of the performance
test.
(ii) If you have failed to demonstrate compliance with the emission
standards for any mode of operation:
(A) Prior to submitting a revised Notification of Compliance as
provided by paragraph (l)(1)(ii)(C) of this section, you may burn
hazardous waste only for the purpose of pretesting or comprehensive
performance testing under revised operating conditions, and only for a
maximum of 720 hours (renewable at the discretion of the Administrator),
except as provided by paragraph (l)(3) of this section;
(B) You must conduct a comprehensive performance test under revised
operating conditions following the requirements for performance testing
of this section; and
(C) You must submit to the Administrator a Notification of
Compliance subsequent to the new comprehensive performance test.
(2) Confirmatory performance test. If you determine (based on CEM
recordings, results of analyses of stack samples, or results of CMS
performance evaluations) that you have failed the dioxin/furan emission
standard during a confirmatory performance test, you must cease burning
hazardous waste immediately. You must make this determination within 90
days following completion of the performance test. To burn hazardous
waste in the future:
(i) You must submit to the Administrator for review and approval a
test plan to conduct a comprehensive performance test to identify
revised limits on the applicable dioxin/furan operating parameters
specified in Sec. 63.1209(k);
(ii) You must submit to the Administrator a Notification of
Compliance with the dioxin/furan emission standard under the provisions
of paragraphs (j) and (k) of this section and this paragraph (l). You
must include in the Notification of Compliance the revised limits on the
applicable dioxin/furan operating parameters specified in Sec.
63.1209(k); and
(iii) Until the Notification of Compliance is submitted, you must
not burn hazardous waste except for purposes of pretesting or
confirmatory performance testing, and for a maximum of 720 hours
(renewable at the discretion of the Administrator), except as provided
by paragraph (l)(3) of this section.
(3) You may petition the Administrator to obtain written approval to
burn hazardous waste in the interim prior to submitting a Notification
of Compliance for purposes other than testing or pretesting. You must
specify operating requirements, including limits on operating
parameters, that you determine will ensure compliance with the emission
standards of this subpart based on available information including data
from the failed performance test. The Administrator will review, modify
as necessary, and approve if warranted the interim operating
requirements. An approval of interim operating requirements will include
a schedule for submitting a Notification of Compliance.
(m) Waiver of performance test. You are not required to conduct
performance tests to document compliance with the mercury, semivolatile
metals, low volatile metals, or hydrogen chloride/chlorine gas emission
standards under the conditions specified in paragraphs (m)(1) or (m)(2)
of this section. The waiver provisions of this paragraph apply in
addition to the provisions of Sec. 63.7(h).
(1) Emission standards based on exhaust gas flow rate. (i) You are
deemed to be in compliance with an emission standard based on the
volumetric flow rate of exhaust gas (i.e., [micro]g/dscm or ppmv) if the
maximum theoretical emission concentration (MTEC) does not exceed the
emission standard over the relevant averaging period specified under
Sec. 63.1209(l), (n), and (o) of this section for the standard:
(A) Determine the feedrate of mercury, semivolatile metals, low
volatile
[[Page 51]]
metals, or total chlorine and chloride from all feedstreams;
(B) Determine the stack gas flowrate; and
(C) Calculate a MTEC for each standard assuming all mercury,
semivolatile metals, low volatile metals, or total chlorine (organic and
inorganic) from all feedstreams is emitted;
(ii) To document compliance with this provision, you must:
(A) Monitor and record the feedrate of mercury, semivolatile metals,
low volatile metals, and total chlorine and chloride from all
feedstreams according to Sec. 63.1209(c);
(B) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(C) Continuously calculate and record in the operating record the
MTEC under the procedures of paragraph (m)(1)(i) of this section; and
(D) Interlock the MTEC calculated in paragraph (m)(1)(i)(C) of this
section to the AWFCO system to stop hazardous waste burning when the
MTEC exceeds the emission standard.
(iii) In lieu of the requirement in paragraphs (m)(1)(ii)(C) and (D)
of this section, you may:
(A) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury, semivolatile
metals, low volatile metals, and/or total chlorine and chloride from all
feedstreams that ensures the MTEC as calculated in paragraph
(m)(1)(i)(C) of this section is below the applicable emission standard;
and
(B) Interlock the minimum gas flowrate limit and maximum feedrate
limit of paragraph (m)(1)(iii)(A) of this section to the AWFCO system to
stop hazardous waste burning when the gas flowrate or mercury,
semivolatile metals, low volatile metals, and/or total chlorine and
chloride feedrate exceeds the limits of paragraph (m)(1)(iii)(A) of this
section.
(2) Emission standards based on hazardous waste thermal
concentration. (i) You are deemed to be in compliance with an emission
standard specified on a hazardous waste thermal concentration basis
(i.e., pounds emitted per million Btu of heat input) if the HAP thermal
concentration in the waste feed does not exceed the allowable HAP
thermal concentration emission rate.
(ii) To document compliance with this provision, you must:
(A) Monitor and record the feedrate of mercury, semivolatile metals,
low volatile metals, and total chlorine and chloride from all hazardous
waste feedstreams in accordance with Sec. 63.1209(c);
(B) Determine and record the higher heating value of each hazardous
waste feed;
(C) Continuously calculate and record the thermal feed rate of all
hazardous waste feedstreams by summing the products of each hazardous
waste feed rate multiplied by the higher heating value of that hazardous
waste;
(D) Continuously calculate and record the total HAP thermal feed
concentration for each constituent by dividing the HAP feedrate
determined in paragraph (m)(2)(ii)(A) of this section by the thermal
feed rate determined in paragraph (m)(2)(ii)(C) of this section for all
hazardous waste feedstreams;
(E) Interlock the HAP thermal feed concentration for each
constituent with the AWFCO to stop hazardous waste feed when the thermal
feed concentration exceeds the applicable thermal emission standard.
(3) When you determine the feedrate of mercury, semivolatile metals,
low volatile metals, or total chlorine and chloride for purposes of this
provision, except as provided by paragraph (m)(4) of this section, you
must assume that the analyte is present at the full detection limit when
the feedstream analysis determines that the analyte in not detected in
the feedstream.
(4) Owners and operators of hazardous waste burning cement kilns and
lightweight aggregate kilns may assume that mercury is present in raw
material at half the detection limit when the raw material feedstream
analysis determines that mercury is not detected.
(5) You must state in the site-specific test plan that you submit
for review and approval under paragraph (e) of this section that you
intend to comply with the provisions of this paragraph.
[[Page 52]]
You must include in the test plan documentation that any surrogate that
is proposed for gas flowrate adequately correlates with the gas
flowrate.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42299, July 10, 2000;
65 FR 67271, Nov. 9, 2000; 66 FR 35106, July 3, 2001; 66 FR 63318, Dec.
6, 2001; 67 FR 6814, Feb. 13, 2002; 67 FR 6990, Feb. 14, 2002; 67 FR
77691, Dec. 19, 2002; 70 FR 59546, Oct. 12, 2005; 73 FR 18980, Apr. 8,
2008; 73 FR 64096, Oct. 28, 2008]
Sec. 63.1208 What are the test methods?
(a) [Reserved]
(b) Test methods. You must use the following test methods to
determine compliance with the emissions standards of this subpart:
(1) Dioxins and furans. (i) To determine compliance with the
emission standard for dioxins and furans, you must use:
(A) Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-
Dioxins and Polychlorinated Dibenzofurans emissions from Stationary
Sources, EPA Publication SW-846 (incorporated by reference--see Sec.
63.14); or
(B) Method 23, provided in appendix A, part 60 of this chapter,
after approval by the Administrator.
(1) You may request approval to use Method 23 in the performance
test plan required under Sec. 63.1207(e)(i) and (ii).
(2) In determining whether to grant approval to use Method 23, the
Administrator may consider factors including whether dioxin/furan were
detected at levels substantially below the emission standard in previous
testing, and whether previous Method 0023 analyses detected low levels
of dioxin/furan in the front half of the sampling train.
(3) Sources that emit carbonaceous particulate matter, such as coal-
fired boilers, and sources equipped with activated carbon injection,
will be deemed not suitable for use of Method 23 unless you document
that there would not be a significant improvement in quality assurance
with Method 0023A.
(ii) You must sample for a minimum of three hours, and you must
collect a minimum sample volume of 2.5 dscm;
(iii) You may assume that nondetects are present at zero
concentration.
(2) Mercury. You must use Method 29, provided in appendix A, part 60
of this chapter, to demonstrate compliance with emission standard for
mercury.
(3) Cadmium and lead. You must use Method 29, provided in appendix
A, part 60 of this chapter, to determine compliance with the emission
standard for cadmium and lead (combined).
(4) Arsenic, beryllium, and chromium. You must use Method 29,
provided in appendix A, part 60 of this chapter, to determine compliance
with the emission standard for arsenic, beryllium, and chromium
(combined).
(5) Hydrogen chloride and chlorine gas--(i) Compliance with MACT
standards. To determine compliance with the emission standard for
hydrogen chloride and chlorine gas (combined), you must use:
(A) Method 26/26A as provided in appendix A, part 60 of this
chapter; or
(B) Methods 320 or 321 as provided in appendix A, part 63 of this
chapter, or
(C) ASTM D 6735-01, Standard Test Method for Measurement of Gaseous
Chlorides and Fluorides from Mineral Calcining Exhaust Sources--Impinger
Method to measure emissions of hydrogen chloride, and Method 26/26A to
measure emissions of chlorine gas, provided that you follow the
provisions in paragraphs (b)(5)(C)(1) through (6) of this section. ASTM
D 6735-01 is available for purchase from at least one of the following
addresses: American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
(1) A test must include three or more runs in which a pair of
samples is obtained simultaneously for each run according to section
11.2.6 of ASTM Method D6735-01.
(2) You must calculate the test run standard deviation of each set
of paired samples to quantify data precision, according to Equation 1 of
this section:
[[Page 53]]
[GRAPHIC] [TIFF OMITTED] TR12OC05.001
Where:
RSDa = The test run relative standard deviation of sample
pair a, percent.
C1a and C2a = The HCl concentrations, milligram/
dry standard cubic meter (mg/dscm), from the paired samples.
(3) You must calculate the test average relative standard deviation
according to Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR12OC05.002
Where:
RSDTA = The test average relative standard deviation,
percent.
RSDa = The test run relative standard deviation for sample
pair a.
p = The number of test runs, =3.
(4) If RSDTA is greater than 20 percent, the data are invalid and
the test must be repeated.
(5) The post-test analyte spike procedure of section 11.2.7 of ASTM
Method D6735-01 is conducted, and the percent recovery is calculated
according to section 12.6 of ASTM Method D6735-01.
(6) If the percent recovery is between 70 percent and 130 percent,
inclusive, the test is valid. If the percent recovery is outside of this
range, the data are considered invalid, and the test must be repeated.
(ii) Compliance with risk-based limits under Sec. 63.1215. To
demonstrate compliance with emission limits established under Sec.
63.1215, you must use Method 26/26A as provided in appendix A, part 60
of this chapter, Method 320 as provided in appendix A, part 63 of this
chapter, Method 321 as provided in appendix A, part 63 of this chapter,
or ASTM D 6735-01, Standard Test Method for Measurement of Gaseous
Chlorides and Fluorides from Mineral Calcining Exhaust Sources--Impinger
Method (following the provisions of paragraphs (b)(5)(C)(1) through (6)
of this section), except:
(A) For cement kilns and sources equipped with a dry acid gas
scrubber, you must use Methods 320 or 321 as provided in appendix A,
part 63 of this chapter, or ASTM D 6735-01 to measure hydrogen chloride,
and the back-half, caustic impingers of Method 26/26A as provided in
appendix A, part 60 of this chapter to measure chlorine gas; and
(B) For incinerators, boilers, and lightweight aggregate kilns, you
must use Methods 320 or 321 as provided in appendix A, part 63 of this
chapter, or ASTM D 6735-01 to measure hydrogen chloride, and Method 26/
26A as provided in appendix A, part 60 of this chapter to measure total
chlorine, and calculate chlorine gas by difference if:
(1) The bromine/chlorine ratio in feedstreams is greater than 5
percent; or
(2) The sulfur/chlorine ratio in feedstreams is greater than 50
percent.
(6) Particulate matter. You must use Methods 5 or 5I, provided in
appendix A, part 60 of this chapter, to demonstrate compliance with the
emission standard for particulate matter.
(7) Other test methods. You may use applicable test methods in EPA
Publication SW-846, as incorporated by reference in paragraph (a) of
this section, as necessary to demonstrate compliance with requirements
of this subpart, except as otherwise specified in paragraphs (b)(2)-
(b)(6) of this section.
(8) Feedstream analytical methods. You may use any reliable
analytical method to determine feedstream concentrations of metals,
chlorine, and other constituents. It is your responsibility to ensure
that the sampling and analysis procedures are unbiased, precise, and
that the results are representative of the feedstream.
(9) Opacity. If you determine compliance with the opacity standard
under the monitoring requirements of Sec. Sec. 63.1209(a)(1)(iv) and
(a)(1)(v), you must use Method 9, provided in appendix A, part 60 of
this chapter.
[64 FR 53038, Sept. 30, 1999, as amended at 69 FR 18803, Apr. 9, 2004;
70 FR 34555, June 14, 2005; 70 FR 59547, Oct. 12, 2005]
[[Page 54]]
Sec. 63.1209 What are the monitoring requirements?
(a) Continuous emissions monitoring systems (CEMS) and continuous
opacity monitoring systems (COMS). (1)(i) You must use either a carbon
monoxide or hydrocarbon CEMS to demonstrate and monitor compliance with
the carbon monoxide and hydrocarbon standard under this subpart. You
must also use an oxygen CEMS to continuously correct the carbon monoxide
or hydrocarbon level to 7 percent oxygen.
(ii) (A) Cement kilns under Sec. 63.1204. Except as provided by
paragraphs (a)(1)(iv) and (a)(1)(v) of the section, you must use a COMS
to demonstrate and monitor compliance with the opacity standard under
Sec. Sec. 63.1204(a)(7) and (b)(7) at each point where emissions are
vented from these affected sources including the bypass stack of a
preheater or preheater/precalciner kiln with dual stacks.
(B) Cement kilns under Sec. 63.1220. Except as provided by
paragraphs (a)(1)(iv) and (a)(1)(v) of the section and unless your
source is equipped with a bag leak detection system under Sec.
63.1206(c)(8) or a particulate matter detection system under Sec.
63.1206(c)(9), you must use a COMS to demonstrate and monitor compliance
with the opacity standard under Sec. Sec. 63.1220(a)(7) and (b)(7) at
each point where emissions are vented from these affected sources
including the bypass stack of a preheater or preheater/precalciner kiln
with dual stacks.
(C) You must maintain and operate each COMS in accordance with the
requirements of Sec. 63.8(c) except for the requirements under Sec.
63.8(c)(3). The requirements of Sec. 63.1211(c) shall be complied with
instead of Sec. 63.8(c)(3); and
(D) Compliance is based on a six-minute block average.
(iii) You must install, calibrate, maintain, and operate a
particulate matter CEMS to demonstrate and monitor compliance with the
particulate matter standards under this subpart. However, compliance
with the requirements in this section to install, calibrate, maintain
and operate the PM CEMS is not required until such time that the Agency
promulgates all performance specifications and operational requirements
applicable to PM CEMS.
(iv) If you operate a cement kiln subject to the provisions of this
subpart and use a fabric filter with multiple stacks or an electrostatic
precipitator with multiple stacks, you may, in lieu of installing the
COMS required by paragraph (a)(1)(ii) of this section, comply with the
opacity standard in accordance with the procedures of Method 9 to part
60 of this chapter:
(A) You must conduct the Method 9 test while the affected source is
operating at the highest load or capacity level reasonably expected to
occur within the day;
(B) The duration of the Method 9 test shall be at least 30 minutes
each day;
(C) You must use the Method 9 procedures to monitor and record the
average opacity for each six-minute block period during the test; and
(D) To remain in compliance, all six-minute block averages must not
exceed the opacity standard.
(v) If you operate a cement kiln subject to the provisions of this
subpart and use a particulate matter control device that exhausts
through a monovent, or if the use of a COMS in accordance with the
installation specification of Performance Specification 1 (PS-1) of
appendix B to part 60 of this chapter is not feasible, you may, in lieu
of installing the COMS required by paragraph (a)(1)(ii) of this section,
comply with the opacity standard in accordance with the procedures of
Method 9 to part 60 of this chapter:
(A) You must conduct the Method 9 test while the affected source is
operating at the highest load or capacity level reasonably expected to
occur within the day;
(B) The duration of the Method 9 test shall be at least 30 minutes
each day;
(C) You must use the Method 9 procedures to monitor and record the
average opacity for each six-minute block period during the test; and
(D) To remain in compliance, all six-minute block averages must not
exceed the opacity standard.
(2) Performance specifications. You must install, calibrate,
maintain, and continuously operate the CEMS and COMS in compliance with
the quality assurance procedures provided in the
[[Page 55]]
appendix to this subpart and Performance Specifications 1 (opacity), 4B
(carbon monoxide and oxygen), and 8A (hydrocarbons) in appendix B, part
60 of this chapter.
(3) Carbon monoxide readings exceeding the span. (i) Except as
provided by paragraph (a)(3)(ii) of this section, if a carbon monoxide
CEMS detects a response that results in a one-minute average at or above
the 3,000 ppmv span level required by Performance Specification 4B in
appendix B, part 60 of this chapter, the one-minute average must be
recorded as 10,000 ppmv. The one-minute 10,000 ppmv value must be used
for calculating the hourly rolling average carbon monoxide level.
(ii) Carbon monoxide CEMS that use a span value of 10,000 ppmv when
one-minute carbon monoxide levels are equal to or exceed 3,000 ppmv are
not subject to paragraph (a)(3)(i) of this section. Carbon monoxide CEMS
that use a span value of 10,000 are subject to the same CEMS performance
and equipment specifications when operating in the range of 3,000 ppmv
to 10,000 ppmv that are provided by Performance Specification 4B for
other carbon monoxide CEMS, except:
(A) Calibration drift must be less than 300 ppmv; and
(B) Calibration error must be less than 500 ppmv.
(4) Hydrocarbon readings exceeding the span. (i) Except as provided
by paragraph (a)(4)(ii) of this section, if a hydrocarbon CEMS detects a
response that results in a one-minute average at or above the 100 ppmv
span level required by Performance Specification 8A in appendix B, part
60 of this chapter, the one-minute average must be recorded as 500 ppmv.
The one-minute 500 ppmv value must be used for calculating the hourly
rolling average HC level.
(ii) Hydrocarbon CEMS that use a span value of 500 ppmv when one-
minute hydrocarbon levels are equal to or exceed 100 ppmv are not
subject to paragraph (a)(4)(i) of this section. Hydrocarbon CEMS that
use a span value of 500 ppmv are subject to the same CEMS performance
and equipment specifications when operating in the range of 100 ppmv to
500 ppmv that are provided by Performance Specification 8A for other
hydrocarbon CEMS, except:
(A) The zero and high-level calibration gas must have a hydrocarbon
level of between 0 and 100 ppmv, and between 250 and 450 ppmv,
respectively;
(B) The strip chart recorder, computer, or digital recorder must be
capable of recording all readings within the CEM measurement range and
must have a resolution of 2.5 ppmv;
(C) The CEMS calibration must not differ by more than 15 ppmv after each 24-hour period of the seven day test
at both zero and high levels;
(D) The calibration error must be no greater than 25 ppmv; and
(E) The zero level, mid-level, and high level calibration gas used
to determine calibration error must have a hydrocarbon level of 0-200
ppmv, 150-200 ppmv, and 350-400 ppmv, respectively.
(5) Petitions to use CEMS for other standards. You may petition the
Administrator to use CEMS for compliance monitoring for particulate
matter, mercury, semivolatile metals, low volatile metals, and hydrogen
chloride and chlorine gas under Sec. 63.8(f) in lieu of compliance with
the corresponding operating parameter limits under this section.
(6) Calculation of rolling averages--(i) Calculation of rolling
averages initially. The carbon monoxide or hydrocarbon CEMS must begin
recording one-minute average values by 12:01 a.m. and hourly rolling
average values by 1:01 a.m., when 60 one-minute values will be available
for calculating the initial hourly rolling average for those sources
that come into compliance on the regulatory compliance date. Sources
that elect to come into compliance before the regulatory compliance date
must begin recording one-minute and hourly rolling average values within
60 seconds and 60 minutes (when 60 one-minute values will be available
for calculating the initial hourly rolling average), respectively, from
the time at which compliance begins.
(ii) Calculation of rolling averages upon intermittent operations.
You must ignore periods of time when one-minute values are not available
for calculating the hourly rolling average. When one-
[[Page 56]]
minute values become available again, the first one-minute value is
added to the previous 59 values to calculate the hourly rolling average.
(iii) Calculation of rolling averages when the hazardous waste feed
is cutoff. (A) Except as provided by paragraph (a)(6)(iii)(B) of this
section, you must continue monitoring carbon monoxide and hydrocarbons
when the hazardous waste feed is cutoff if the source is operating. You
must not resume feeding hazardous waste if the emission levels exceed
the standard.
(B) You are not subject to the CEMS requirements of this subpart
during periods of time you meet the requirements of Sec.
63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous
waste burning sources when you are not burning hazardous waste).
(7) Operating parameter limits for hydrocarbons. If you elect to
comply with the carbon monoxide and hydrocarbon emission standard by
continuously monitoring carbon monoxide with a CEMS, you must
demonstrate that hydrocarbon emissions during the comprehensive
performance test do not exceed the hydrocarbon emissions standard. In
addition, the limits you establish on the destruction and removal
efficiency (DRE) operating parameters required under paragraph (j) of
this section also ensure that you maintain compliance with the
hydrocarbon emission standard. If you do not conduct the hydrocarbon
demonstration and DRE tests concurrently, you must establish separate
operating parameter limits under paragraph (j) of this section based on
each test and the more restrictive of the operating parameter limits
applies.
(b) Other continuous monitoring systems (CMS). (1) You must use CMS
(e.g., thermocouples, pressure transducers, flow meters) to document
compliance with the applicable operating parameter limits under this
section.
(2) Except as specified in paragraphs (b)(2)(i) and (ii) of this
section, you must install and operate continuous monitoring systems
other than CEMS in conformance with Sec. 63.8(c)(3) that requires you,
at a minimum, to comply with the manufacturer's written specifications
or recommendations for installation, operation, and calibration of the
system:
(i) Calibration of thermocouples and pyrometers. The calibration of
thermocouples must be verified at a frequency and in a manner consistent
with manufacturer specifications, but no less frequent than once per
year. You must operate and maintain optical pyrometers in accordance
with manufacturer specifications unless otherwise approved by the
Administrator. You must calibrate optical pyrometers in accordance with
the frequency and procedures recommended by the manufacturer, but no
less frequent than once per year, unless otherwise approved by the
Administrator. And,
(ii) Accuracy and calibration of weight measurement devices for
activated carbon injection systems. If you operate a carbon injection
system, the accuracy of the weight measurement device must be 1 percent of the weight being measured. The calibration
of the device must be verified at least once each calendar quarter at a
frequency of approximately 120 days.
(3) CMS must sample the regulated parameter without interruption,
and evaluate the detector response at least once each 15 seconds, and
compute and record the average values at least every 60 seconds.
(4) The span of the non-CEMS CMS detector must not be exceeded. You
must interlock the span limits into the automatic waste feed cutoff
system required by Sec. 63.1206(c)(3).
(5) Calculation of rolling averages--(i) Calculation of rolling
averages initially. Continuous monitoring systems must begin recording
one-minute average values by 12:01 a.m., hourly rolling average values
by 1:01 a.m.(e.g., when 60 one-minute values will be available for
calculating the initial hourly rolling average), and twelve-hour rolling
averages by 12:01 p.m.(e.g., when 720 one-minute averages are available
to calculate a 12-hour rolling average), for those sources that come
into compliance on the regulatory compliance date. Sources that elect to
come into compliance before the regulatory compliance date must begin
recording one-minute, hourly rolling average, and 12-hour rolling
average values within 60 seconds, 60 minutes (when 60 one-
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minute values will be available for calculating the initial hourly
rolling average), and 720 minutes (when 720 one-minute values will be
available for calculating the initial 12-hour hourly rolling average)
respectively, from the time at which compliance begins.
(ii) Calculation of rolling averages upon intermittent operations.
You must ignore periods of time when one-minute values are not available
for calculating rolling averages. When one-minute values become
available again, the first one-minute value is added to the previous
one-minute values to calculate rolling averages.
(iii) Calculation of rolling averages when the hazardous waste feed
is cutoff. (A) Except as provided by paragraph (b)(5)(iii)(B) of this
section, you must continue monitoring operating parameter limits with a
CMS when the hazardous waste feed is cutoff if the source is operating.
You must not resume feeding hazardous waste if an operating parameter
exceeds its limit.
(B) You are not subject to the CMS requirements of this subpart
during periods of time you meet the requirements of Sec.
63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous
waste burning sources when you are not burning hazardous waste).
(c) Analysis of feedstreams--(1) General. Prior to feeding the
material, you must obtain an analysis of each feedstream that is
sufficient to document compliance with the applicable feedrate limits
provided by this section.
(2) Feedstream analysis plan. You must develop and implement a
feedstream analysis plan and record it in the operating record. The plan
must specify at a minimum:
(i) The parameters for which you will analyze each feedstream to
ensure compliance with the operating parameter limits of this section;
(ii) Whether you will obtain the analysis by performing sampling and
analysis or by other methods, such as using analytical information
obtained from others or using other published or documented data or
information;
(iii) How you will use the analysis to document compliance with
applicable feedrate limits (e.g., if you blend hazardous wastes and
obtain analyses of the wastes prior to blending but not of the blended,
as-fired, waste, the plan must describe how you will determine the
pertinent parameters of the blended waste);
(iv) The test methods which you will use to obtain the analyses;
(v) The sampling method which you will use to obtain a
representative sample of each feedstream to be analyzed using sampling
methods described in appendix IX, part 266 of this chapter, or an
equivalent method; and
(vi) The frequency with which you will review or repeat the initial
analysis of the feedstream to ensure that the analysis is accurate and
up to date.
(3) Review and approval of analysis plan. You must submit the
feedstream analysis plan to the Administrator for review and approval,
if requested.
(4) Compliance with feedrate limits. To comply with the applicable
feedrate limits of this section, you must monitor and record feedrates
as follows:
(i) Determine and record the value of the parameter for each
feedstream by sampling and analysis or other method;
(ii) Determine and record the mass or volume flowrate of each
feedstream by a CMS. If you determine flowrate of a feedstream by
volume, you must determine and record the density of the feedstream by
sampling and analysis (unless you report the constituent concentration
in units of weight per unit volume (e.g., mg/l)); and
(iii) Calculate and record the mass feedrate of the parameter per
unit time.
(5) Waiver of monitoring of constituents in certain feedstreams. You
are not required to monitor levels of metals or chlorine in the
following feedstreams to document compliance with the feedrate limits
under this section provided that you document in the comprehensive
performance test plan the expected levels of the constituent in the
feedstream and account for those assumed feedrate levels in documenting
compliance with feedrate limits: natural gas, process air, and
feedstreams from vapor recovery systems.
(d) Performance evaluations. (1) The requirements of Sec. Sec.
63.8(d) (Quality control program) and (e) (Performance evaluation of
continuous monitoring
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systems) apply, except that you must conduct performance evaluations of
components of the CMS under the frequency and procedures (for example,
submittal of performance evaluation test plan for review and approval)
applicable to performance tests as provided by Sec. 63.1207.
(2) You must comply with the quality assurance procedures for CEMS
prescribed in the appendix to this subpart.
(e) Conduct of monitoring. The provisions of Sec. 63.8(b) apply.
(f) Operation and maintenance of continuous monitoring systems. The
provisions of Sec. 63.8(c) apply except:
(1) Section 63.8(c)(3). The requirements of Sec. 63.1211(c), that
requires CMSs to be installed, calibrated, and operational on the
compliance date, shall be complied with instead of section 63.8(c)(3);
(2) Section 63.8(c)(4)(ii). The performance specifications for
carbon monoxide, hydrocarbon, and oxygen CEMSs in subpart B, part 60 of
this chapter that requires detectors to measure the sample concentration
at least once every 15 seconds for calculating an average emission rate
once every 60 seconds shall be complied with instead of section
63.8(c)(4)(ii); and
(3) Sections 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C) pertaining to
COMS apply only to owners and operators of hazardous waste burning
cement kilns.
(g) Alternative monitoring requirements other than continuous
emissions monitoring systems (CEMS)--(1) Requests to use alternatives to
operating parameter monitoring requirements. (i) You may submit an
application to the Administrator under this paragraph for approval of
alternative operating parameter monitoring requirements to document
compliance with the emission standards of this subpart. For requests to
use additional CEMS, however, you must use paragraph (a)(5) of this
section and Sec. 63.8(f). Alternative requests to operating parameter
monitoring requirements that include unproven monitoring methods may not
be made under this paragraph and must be made under Sec. 63.8(f).
(ii) You may submit an application to waive an operating parameter
limit specified in this section based on documentation that neither that
operating parameter limit nor an alternative operating parameter limit
is needed to ensure compliance with the emission standards of this
subpart.
(iii) You must comply with the following procedures for applications
submitted under paragraphs (g)(1)(i) and (ii) of this section:
(A) Timing of the application. You must submit the application to
the Administrator not later than with the comprehensive performance test
plan.
(B) Content of the application. You must include in the application:
(1) Data or information justifying your request for an alternative
monitoring requirement (or for a waiver of an operating parameter
limit), such as the technical or economic infeasibility or the
impracticality of using the required approach;
(2) A description of the proposed alternative monitoring
requirement, including the operating parameter to be monitored, the
monitoring approach/technique (e.g., type of detector, monitoring
location), the averaging period for the limit, and how the limit is to
be calculated; and
(3) Data or information documenting that the alternative monitoring
requirement would provide equivalent or better assurance of compliance
with the relevant emission standard, or that it is the monitoring
requirement that best assures compliance with the standard and that is
technically and economically practicable.
(C) Approval of request to use an alternative monitoring requirement
or waive an operating parameter limit. The Administrator will notify you
of approval or intention to deny approval of the request within 90
calendar days after receipt of the original request and within 60
calendar days after receipt of any supplementary information that you
submit. The Administrator will not approve an alternative monitoring
request unless the alternative monitoring requirement provides
equivalent or better assurance of compliance with the relevant emission
standard, or is the monitoring requirement that best assures compliance
with the standard and that is technically and economically practicable.
Before disapproving
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any request, the Administrator will notify you of the Administrator's
intention to disapprove the request together with:
(1) Notice of the information and findings on which the intended
disapproval is based; and
(2) Notice of opportunity for you to present additional information
to the Administrator before final action on the request. At the time the
Administrator notifies you of intention to disapprove the request, the
Administrator will specify how much time you will have after being
notified of the intended disapproval to submit the additional
information.
(D) Responsibility of owners and operators. You are responsible for
ensuring that you submit any supplementary and additional information
supporting your application in a timely manner to enable the
Administrator to consider your application during review of the
comprehensive performance test plan. Neither your submittal of an
application, nor the Administrator's failure to approve or disapprove
the application, relieves you of the responsibility to comply with the
provisions of this subpart.
(iv) Dual standards that incorporate the interim standards for HAP
metals--(A) Semivolatile and low volatile metals. You may petition the
Administrator to waive a feedrate operating parameter limit under
paragraph (n)(2) of this section for either the emission standards
expressed in a thermal emissions format or the interim standards based
on documentation that the feedrate operating parameter limit is not
needed to ensure compliance with the relevant standard on a continuous
basis.
(B) Mercury. You may petition the Administrator to waive a feedrate
operating parameter limit under paragraph (l)(1) of this section for
either the feed concentration standard under Sec. Sec. 63.1220(a)(2)(i)
and (b)(2)(i) or the interim standards based on documentation that the
feedrate operating parameter limit is not needed to ensure compliance
with the relevant standard on a continuous basis.
(2) Administrator's discretion to specify additional or alternative
requirements. The Administrator may determine on a case-by-case basis at
any time (e.g., during review of the comprehensive performance test
plan, during compliance certification review) that you may need to limit
additional or alternative operating parameters (e.g., opacity in
addition to or in lieu of operating parameter limits on the particulate
matter control device) or that alternative approaches to establish
limits on operating parameters may be necessary to document compliance
with the emission standards of this subpart.
(h) Reduction of monitoring data. The provisions of Sec. 63.8(g)
apply.
(i) When an operating parameter is applicable to multiple standards.
Paragraphs (j) through (p) of this section require you to establish
limits on operating parameters based on comprehensive performance
testing to ensure you maintain compliance with the emission standards of
this subpart. For several parameters, you must establish a limit for the
parameter to ensure compliance with more than one emission standard. An
example is a limit on minimum combustion chamber temperature to ensure
compliance with both the DRE standard of paragraph (j) of this section
and the dioxin/furan standard of paragraph (k) of this section. If the
performance tests for such standards are not performed simultaneously,
the most stringent limit for a parameter derived from independent
performance tests applies.
(j) DRE. To remain in compliance with the destruction and removal
efficiency (DRE) standard, you must establish operating limits during
the comprehensive performance test (or during a previous DRE test under
provisions of Sec. 63.1206(b)(7)) for the following parameters, unless
the limits are based on manufacturer specifications, and comply with
those limits at all times that hazardous waste remains in the combustion
chamber (i.e., the hazardous waste residence time has not transpired
since the hazardous waste feed cutoff system was activated):
(1) Minimum combustion chamber temperature. (i) You must measure the
temperature of each combustion chamber at a location that best
represents, as practicable, the bulk gas temperature in the combustion
zone. You must
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document the temperature measurement location in the test plan you
submit under Sec. 63.1207(e);
(ii) You must establish a minimum hourly rolling average limit as
the average of the test run averages;
(2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish and comply with a limit on the maximum flue gas flowrate, the
maximum production rate, or another parameter that you document in the
site-specific test plan as an appropriate surrogate for gas residence
time, as the average of the maximum hourly rolling averages for each
run.
(ii) You must comply with this limit on a hourly rolling average
basis;
(3) Maximum hazardous waste feedrate. (i) You must establish limits
on the maximum pumpable and total (i.e., pumpable and nonpumpable)
hazardous waste feedrate for each location where hazardous waste is fed.
(ii) You must establish the limits as the average of the maximum
hourly rolling averages for each run.
(iii) You must comply with the feedrate limit(s) on a hourly rolling
average basis;
(4) Operation of waste firing system. You must specify operating
parameters and limits to ensure that good operation of each hazardous
waste firing system is maintained.
(k) Dioxins and furans. You must comply with the dioxin and furans
emission standard by establishing and complying with the following
operating parameter limits. You must base the limits on operations
during the comprehensive performance test, unless the limits are based
on manufacturer specifications.
(1) Gas temperature at the inlet to a dry particulate matter control
device. (i) For sources other than a lightweight aggregate kiln, if the
combustor is equipped with an electrostatic precipitator, baghouse
(fabric filter), or other dry emissions control device where particulate
matter is suspended in contact with combustion gas, you must establish a
limit on the maximum temperature of the gas at the inlet to the device
on an hourly rolling average. You must establish the hourly rolling
average limit as the average of the test run averages.
(ii) For hazardous waste burning lightweight aggregate kilns, you
must establish a limit on the maximum temperature of the gas at the exit
of the (last) combustion chamber (or exit of any waste heat recovery
system) on an hourly rolling average. The limit must be established as
the average of the test run averages;
(2) Minimum combustion chamber temperature. (i) For sources other
than cement kilns, you must measure the temperature of each combustion
chamber at a location that best represents, as practicable, the bulk gas
temperature in the combustion zone. You must document the temperature
measurement location in the test plan you submit under Sec. Sec.
63.1207(e) and (f);
(ii) You must establish a minimum hourly rolling average limit as
the average of the test run averages.
(3) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish and comply with a limit on the maximum flue gas flowrate, the
maximum production rate, or another parameter that you document in the
site-specific test plan as an appropriate surrogate for gas residence
time, as the average of the maximum hourly rolling averages for each
run.
(ii) You must comply with this limit on a hourly rolling average
basis;
(4) Maximum hazardous waste feedrate. (i) You must establish limits
on the maximum pumpable and total (pumpable and nonpumpable) hazardous
waste feedrate for each location where waste is fed.
(ii) You must establish the limits as the average of the maximum
hourly rolling averages for each run.
(iii) You must comply with the feedrate limit(s) on a hourly rolling
average basis;
(5) Particulate matter operating limit. If your combustor is
equipped with an activated carbon injection system, you must establish
operating parameter limits on the particulate matter control device as
specified by paragraph (m)(1) of this section;
(6) Activated carbon injection parameter limits. If your combustor
is equipped
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with an activated carbon injection system:
(i) Carbon feedrate. You must establish a limit on minimum carbon
injection rate on an hourly rolling average calculated as the average of
the test run averages. If your carbon injection system injects carbon at
more than one location, you must establish a carbon feedrate limit for
each location.
(ii) Carrier fluid. You must establish a limit on minimum carrier
fluid (gas or liquid) flowrate or pressure drop as an hourly rolling
average based on the manufacturer's specifications. You must document
the specifications in the test plan you submit under Sec. Sec.
63.1207(e) and (f);
(iii) Carbon specification. (A) You must specify and use the brand
(i.e., manufacturer) and type of carbon used during the comprehensive
performance test until a subsequent comprehensive performance test is
conducted, unless you document in the site-specific performance test
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that
affect adsorption and establish limits on those parameters based on the
carbon used in the performance test.
(B) You may substitute at any time a different brand or type of
carbon provided that the replacement has equivalent or improved
properties compared to the carbon used in the performance test and
conforms to the key sorbent parameters you identify under paragraph
(k)(6)(iii)(A) of this section. You must include in the operating record
documentation that the substitute carbon will provide the same level of
control as the original carbon.
(7) Carbon bed parameter limits. If your combustor is equipped with
a carbon bed system:
(i) Monitoring bed life. You must:
(A) Monitor performance of the carbon bed consistent with
manufacturer's specifications and recommendations to ensure the carbon
bed (or bed segment for sources with multiple segments) has not reached
the end of its useful life to minimize dioxin/furan and mercury
emissions at least to the levels required by the emission standards;
(B) Document the monitoring procedures in the operation and
maintenance plan;
(C) Record results of the performance monitoring in the operating
record; and
(D) Replace the bed or bed segment before it has reached the end of
its useful life to minimize dioxin/furan and mercury emissions at least
to the levels required by the emission standards.
(ii) Carbon specification. (A) You must specify and use the brand
(i.e., manufacturer) and type of carbon used during the comprehensive
performance test until a subsequent comprehensive performance test is
conducted, unless you document in the site-specific performance test
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that
affect adsorption and establish limits on those parameters based on the
carbon used in the performance test.
(B) You may substitute at any time a different brand or type of
carbon provided that the replacement has equivalent or improved
properties compared to the carbon used in the performance test. You must
include in the operating record documentation that the substitute carbon
will provide an equivalent or improved level of control as the original
carbon.
(iii) Maximum temperature. You must measure the temperature of the
carbon bed at either the bed inlet or exit and you must establish a
maximum temperature limit on an hourly rolling average as the average of
the test run averages.
(8) Catalytic oxidizer parameter limits. If your combustor is
equipped with a catalytic oxidizer, you must establish limits on the
following parameters:
(i) Minimum flue gas temperature at the entrance of the catalyst.
You must establish a limit on minimum flue gas temperature at the
entrance of the catalyst on an hourly rolling average as the average of
the test run averages.
(ii) Maximum time in-use. You must replace a catalytic oxidizer with
a new catalytic oxidizer when it has reached the maximum service time
specified by the manufacturer.
(iii) Catalyst replacement specifications. When you replace a
catalyst with a new one, the new catalyst must be equivalent to or
better than the one used during the previous comprehensive test, as
measured by:
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(A) Catalytic metal loading for each metal;
(B) Space time, expressed in the units s-1, the maximum
rated volumetric flow of combustion gas through the catalyst divided by
the volume of the catalyst; and
(C) Substrate construction, including materials of construction,
washcoat type, and pore density.
(iv) Maximum flue gas temperature. You must establish a maximum flue
gas temperature limit at the entrance of the catalyst as an hourly
rolling average, based on manufacturer's specifications.
(9) Inhibitor feedrate parameter limits. If you feed a dioxin/furan
inhibitor into the combustion system, you must establish limits for the
following parameters:
(i) Minimum inhibitor feedrate. You must establish a limit on
minimum inhibitor feedrate on an hourly rolling average as the average
of the test run averages.
(ii) Inhibitor specifications. (A) You must specify and use the
brand (i.e., manufacturer) and type of inhibitor used during the
comprehensive performance test until a subsequent comprehensive
performance test is conducted, unless you document in the site-specific
performance test plan required under Sec. Sec. 63.1207(e) and (f) key
parameters that affect the effectiveness of the inhibitor and establish
limits on those parameters based on the inhibitor used in the
performance test.
(B) You may substitute at any time a different brand or type of
inhibitor provided that the replacement has equivalent or improved
properties compared to the inhibitor used in the performance test and
conforms to the key parameters you identify under paragraph
(k)(9)(ii)(A) of this section. You must include in the operating record
documentation that the substitute inhibitor will provide the same level
of control as the original inhibitor.
(l) Mercury. You must comply with the mercury emission standard by
establishing and complying with the following operating parameter
limits. You must base the limits on operations during the comprehensive
performance test, unless the limits are based on manufacturer
specifications.
(1) Feedrate of mercury. (i) For incinerators and solid fuel
boilers, when complying with the mercury emission standards under
Sec. Sec. 63.1203, 63.1216 and 63.1219, you must establish a 12-hour
rolling average limit for the total feedrate of mercury in all
feedstreams as the average of the test run averages.
(ii) For liquid fuel boilers, when complying with the mercury
emission standards of Sec. 63.1217, you must establish a rolling
average limit for the mercury feedrate as follows on an averaging period
not to exceed an annual rolling average:
(A) You must calculate a mercury system removal efficiency for each
test run and calculate the average system removal efficiency of the test
run averages. If emissions exceed the mercury emission standard during
the comprehensive performance test, it is not a violation because the
averaging period for the mercury emission standard is (not-to-exceed)
one year and compliance is based on compliance with the mercury feedrate
limit with an averaging period not-to-exceed one year.
(B) If you burn hazardous waste with a heating value of 10,000 Btu/
lb or greater, you must calculate the mercury feedrate limit as follows:
(1) The mercury feedrate limit is the emission standard divided by
[1 - system removal efficiency].
(2) The mercury feedrate limit is a hazardous waste thermal
concentration limit expressed as pounds of mercury in hazardous waste
feedstreams per million Btu of hazardous waste fired.
(3) You must comply with the hazardous waste mercury thermal
concentration limit by determining the feedrate of mercury in all
hazardous waste feedstreams (lb/hr) at least once a minute and the
hazardous waste thermal feedrate (MM Btu/hr) at least once a minute to
calculate a 60-minute average thermal emission concentration as
[hazardous waste mercury feedrate (lb/hr) / hazardous waste thermal
feedrate (MM Btu/hr)].
(4) You must calculate a rolling average hazardous waste mercury
thermal concentration that is updated each hour.
(5) If you select an averaging period for the feedrate limit that is
greater than a 12-hour rolling average, you
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must calculate the initial rolling average as though you had selected a
12-hour rolling average, as provided by paragraph (b)(5)(i) of this
section. Thereafter, you must calculate rolling averages using either
one-minute or one-hour updates. Hourly updates shall be calculated using
the average of the one-minute average data for the preceding hour. For
the period beginning with initial operation under this standard until
the source has operated for the full averaging period that you select,
the average feedrate shall be based only on actual operation under this
standard.
(C) If you burn hazardous waste with a heating value of less than
10,000 Btu/lb, you must calculate the mercury feedrate limit as follows:
(1) You must calculate the mercury feedrate limit as the mercury
emission standard divided by [1 - System Removal Efficiency].
(2) The feedrate limit is expressed as a mass concentration per unit
volume of stack gas ([micro]gm/dscm) and is converted to a mass feedrate
(lb/hr) by multiplying it by the average stack gas flowrate of the test
run averages.
(3) You must comply with the feedrate limit by determining the
mercury feedrate (lb/hr) at least once a minute to calculate a 60-minute
average feedrate.
(4) You must update the rolling average feedrate each hour with this
60-minute feedrate measurement.
(5) If you select an averaging period for the feedrate limit that is
greater than a 12-hour rolling average, you must calculate the initial
rolling average as though you had selected a 12-hour rolling average, as
provided by paragraph (b)(5)(i) of this section. Thereafter, you must
calculate rolling averages using either one-minute or one-hour updates.
Hourly updates shall be calculated using the average of the one-minute
average data for the preceding hour. For the period beginning with
initial operation under this standard until the source has operated for
the full averaging period that you select, the average feedrate shall be
based only on actual operation under this standard.
(D) If your boiler is equipped with a wet scrubber, you must comply
with the following unless you document in the performance test plan that
you do not feed chlorine at rates that may substantially affect the
system removal efficiency of mercury for purposes of establishing a
mercury feedrate limit based on the system removal efficiency during the
test:
(1) Scrubber blowdown must be minimized during a pretest
conditioning period and during the performance test:
(2) Scrubber water must be preconditioned so that mercury in the
water is at equilibrium with stack gas at the mercury feedrate level of
the performance test; and
(3) You must establish an operating limit on minimum pH of scrubber
water as the average of the test run averages and comply with the limit
on an hourly rolling average.
(iii) For cement kilns:
(A) When complying with the emission standards under Sec. Sec.
63.1220(a)(2)(i) and (b)(2)(i), you must:
(1) Comply with the mercury hazardous waste feed concentration
operating requirement on a twelve-hour rolling average;
(2) Monitor and record in the operating record the as-fired mercury
concentration in the hazardous waste (or the weighted-average mercury
concentration for multiple hazardous waste feedstreams);
(3) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when the as-fired
mercury concentration operating requirement is exceeded;
(B) When complying with the emission standards under Sec. Sec.
63.1204 and 63.1220(a)(2)(ii)(A) and (b)(2)(ii)(A), you must establish a
12-hour rolling average limit for the feedrate of mercury in all
feedstreams as the average of the test run averages;
(C) Except as provided by paragraph (l)(1)(iii)(D) of this section,
when complying with the hazardous waste maximum theoretical emission
concentration (MTEC) under Sec. 63.1220(a)(2)(ii)(B) and (b)(2)(ii)(B),
you must:
(1) Comply with the MTEC operating requirement on a twelve-hour
rolling average;
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(2) Monitor and record the feedrate of mercury for each hazardous
waste feedstream according to Sec. 63.1209(c);
(3) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(4) Continuously calculate and record in the operating record a MTEC
assuming mercury from all hazardous waste feedstreams is emitted;
(5) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when the MTEC operating
requirement is exceeded;
(D) In lieu of complying with paragraph (l)(1)(iii)(C) of this
section, you may:
(1) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury from all
hazardous waste feedstreams that ensures the MTEC calculated in
paragraph (l)(1)(iii)(C)(4) of this section is below the operating
requirement under paragraphs Sec. Sec. 63.1220(a)(2)(ii)(B) and
(b)(2)(ii)(B); and
(2) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when either the gas
flowrate or mercury feedrate exceeds the limits identified in paragraph
(l)(1)(iii)(D)(1) of this section.
(iv) For lightweight aggregate kilns:
(A) When complying with the emission standards under Sec. Sec.
63.1205, 63.1221(a)(2)(i) and (b)(2)(i), you must establish a 12-hour
rolling average limit for the total feedrate of mercury in all
feedstreams as the average of the test run averages;
(B) Except as provided by paragraph (l)(1)(iv)(C) of this section,
when complying with the hazardous waste feedrate corresponding to a
maximum theoretical emission concentration (MTEC) under Sec. Sec.
63.1221(a)(2)(ii) and (b)(2)(ii), you must:
(1) Comply with the MTEC operating requirement on a twelve-hour
rolling average;
(2) Monitor and record the feedrate of mercury for each hazardous
waste feedstream according to Sec. 63.1209(c);
(3) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(4) Continuously calculate and record in the operating record a MTEC
assuming mercury from all hazardous waste feedstreams is emitted;
(5) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when the MTEC operating
requirement is exceeded;
(C) In lieu of complying with paragraph (l)(1)(iv)(B) of this
section, you may:
(1) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury from all
hazardous waste feedstreams that ensures the MTEC calculated in
paragraph (l)(1)(iv)(B)(4) of this section is below the operating
requirement under paragraphs Sec. Sec. 63.1221(a)(2)(ii) and
(b)(2)(ii); and
(2) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when either the gas
flowrate or mercury feedrate exceeds the limits identified in paragraph
(l)(1)(iv)(C)(1) of this section.
(v) Extrapolation of feedrate levels. In lieu of establishing
mercury feedrate limits as specified in paragraphs (l)(1)(i) through
(iv) of this section, you may request as part of the performance test
plan under Sec. Sec. 63.7(b) and (c) and Sec. Sec. 63.1207 (e) and (f)
to use the mercury feedrates and associated emission rates during the
comprehensive performance test to extrapolate to higher allowable
feedrate limits and emission rates. The extrapolation methodology will
be reviewed and approved, as warranted, by the Administrator. The review
will consider in particular whether:
(A) Performance test metal feedrates are appropriate (i.e., whether
feedrates are at least at normal levels; depending on the heterogeneity
of the waste, whether some level of spiking would be appropriate; and
whether the physical form and species of spiked material is
appropriate); and
(B) Whether the extrapolated feedrates you request are warranted
[[Page 65]]
considering historical metal feedrate data.
(2) Wet scrubber. If your combustor is equipped with a wet scrubber,
you must establish operating parameter limits prescribed by paragraph
(o)(3) of this section, except for paragraph (o)(3)(iv).
(3) Activated carbon injection. If your combustor is equipped with
an activated carbon injection system, you must establish operating
parameter limits prescribed by paragraphs (k)(5) and (k)(6) of this
section.
(4) Activated carbon bed. If your combustor is equipped with an
activated carbon bed system, you must comply with the requirements of
(k)(7) of this section to assure compliance with the mercury emission
standard.
(m) Particulate matter. You must comply with the particulate matter
emission standard by establishing and complying with the following
operating parameter limits. You must base the limits on operations
during the comprehensive performance test, unless the limits are based
on manufacturer specifications.
(1) Control device operating parameter limits (OPLs)--(i) Wet
scrubbers. For sources equipped with wet scrubbers, including ionizing
wet scrubbers, high energy wet scrubbers such as venturi, hydrosonic,
collision, or free jet wet scrubbers, and low energy wet scrubbers such
as spray towers, packed beds, or tray towers, you must establish limits
on the following parameters:
(A) For high energy scrubbers only, minimum pressure drop across the
wet scrubber on an hourly rolling average, established as the average of
the test run averages;
(B) For all wet scrubbers:
(1) To ensure that the solids content of the scrubber liquid does
not exceed levels during the performance test, you must either:
(i) Establish a limit on solids content of the scrubber liquid using
a CMS or by manual sampling and analysis. If you elect to monitor solids
content manually, you must sample and analyze the scrubber liquid hourly
unless you support an alternative monitoring frequency in the
performance test plan that you submit for review and approval; or
(ii) Establish a minimum blowdown rate using a CMS and either a
minimum scrubber tank volume or liquid level using a CMS.
(2) For maximum solids content monitored with a CMS, you must
establish a limit on a twelve-hour rolling average as the average of the
test run averages.
(3) For maximum solids content measured manually, you must establish
an hourly limit, as measured at least once per hour, unless you support
an alternative monitoring frequency in the performance test plan that
you submit for review and approval. You must establish the maximum
hourly limit as the average of the manual measurement averages for each
run.
(4) For minimum blowdown rate and either a minimum scrubber tank
volume or liquid level using a CMS, you must establish a limit on an
hourly rolling average as the average of the test run averages.
(C) For high energy wet scrubbers only, you must establish limits on
either the minimum liquid to gas ratio or the minimum scrubber water
flowrate and maximum flue gas flowrate on an hourly rolling average. If
you establish limits on maximum flue gas flowrate under this paragraph,
you need not establish a limit on maximum flue gas flowrate under
paragraph (m)(2) of this section. You must establish these hourly
rolling average limits as the average of the test run averages; and
(ii)-(iii) [Reserved]
(iv) Other particulate matter control devices. For each particulate
matter control device that is not a fabric filter or high energy wet
scrubber, or is not an electrostatic precipitator or ionizing wet
scrubber for which you elect to monitor particulate matter loadings
under Sec. 63.1206(c)(9) of this chapter for process control, you must
ensure that the control device is properly operated and maintained as
required by Sec. 63.1206(c)(7) and by monitoring the operation of the
control device as follows:
(A) During each comprehensive performance test conducted to
demonstrate compliance with the particulate matter emissions standard,
you must establish a range of operating values for the control device
that is a
[[Page 66]]
representative and reliable indicator that the control device is
operating within the same range of conditions as during the performance
test. You must establish this range of operating values as follows:
(1) You must select a set of operating parameters appropriate for
the control device design that you determine to be a representative and
reliable indicator of the control device performance.
(2) You must measure and record values for each of the selected
operating parameters during each test run of the performance test. A
value for each selected parameter must be recorded using a continuous
monitor.
(3) For each selected operating parameter measured in accordance
with the requirements of paragraph (m)(1)(iv)(A)(1) of this section, you
must establish a minimum operating parameter limit or a maximum
operating parameter limit, as appropriate for the parameter, to define
the operating limits within which the control device can operate and
still continuously achieve the same operating conditions as during the
performance test.
(4) You must prepare written documentation to support the operating
parameter limits established for the control device and you must include
this documentation in the performance test plan that you submit for
review and approval. This documentation must include a description for
each selected parameter and the operating range and monitoring frequency
required to ensure the control device is being properly operated and
maintained.
(B) You must install, calibrate, operate, and maintain a monitoring
device equipped with a recorder to measure the values for each operating
parameter selected in accordance with the requirements of paragraph
(m)(1)(iv)(A)(1) of this section. You must install, calibrate, and
maintain the monitoring equipment in accordance with the equipment
manufacturer's specifications. The recorder must record the detector
responses at least every 60 seconds, as required in the definition of
continuous monitor.
(C) You must regularly inspect the data recorded by the operating
parameter monitoring system at a sufficient frequency to ensure the
control device is operating properly. An excursion is determined to have
occurred any time that the actual value of a selected operating
parameter is less than the minimum operating limit (or, if applicable,
greater than the maximum operating limit) established for the parameter
in accordance with the requirements of paragraph (m)(1)(iv)(A)(3) of
this section.
(D) Operating parameters selected in accordance with paragraph
(m)(1)(iv) of this section may be based on manufacturer specifications
provided you support the use of manufacturer specifications in the
performance test plan that you submit for review and approval.
(2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the maximum
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time,
as the average of the maximum hourly rolling averages for each run.
(ii) You must comply with this limit on a hourly rolling average
basis;
(3) Maximum ash feedrate. Owners and operators of hazardous waste
incinerators, solid fuel boilers, and liquid fuel boilers must establish
a maximum ash feedrate limit as a 12-hour rolling average based on the
average of the test run averages. This requirement is waived, however,
if you comply with the particulate matter detection system requirements
under Sec. 63.1206(c)(9).
(n) Semivolatile metals and low volatility metals. You must comply
with the semivolatile metal (cadmium and lead) and low volatile metal
(arsenic, beryllium, and chromium) emission standards by establishing
and complying with the following operating parameter limits. You must
base the limits on operations during the comprehensive performance test,
unless the limits are based on manufacturer specifications.
(1) Maximum inlet temperature to dry particulate matter air
pollution control device. You must establish a limit on the maximum
inlet temperature to the primary dry metals emissions control device
(e.g., electrostatic precipitator, baghouse) on an hourly rolling
average
[[Page 67]]
basis as the average of the test run averages.
(2) Maximum feedrate of semivolatile and low volatile metals--(i)
General. You must establish feedrate limits for semivolatile metals
(cadmium and lead) and low volatile metals (arsenic, beryllium, and
chromium) as follows, except as provided by paragraph (n)(2)(vii) of
this section.
(ii) For incinerators, cement kilns, and lightweight aggregate
kilns, when complying with the emission standards under Sec. Sec.
63.1203, 63.1204, 63.1205, and 63.1219, and for solid fuel boilers when
complying with the emission standards under Sec. 63.1216, you must
establish 12-hour rolling average limits for the total feedrate of
semivolatile and low volatile metals in all feedstreams as the average
of the test run averages.
(iii) Cement kilns under Sec. 63.1220. (A) When complying with the
emission standards under Sec. 63.1220(a)(3)(i), (a)(4)(i), (b)(3)(i),
and (b)(4)(i), you must establish 12-hour rolling average feedrate
limits for semivolatile and low volatile metals as the thermal
concentration of semivolatile metals or low volatile metals in all
hazardous waste feedstreams. You must calculate hazardous waste thermal
concentrations for semivolatile metals and low volatile metals for each
run as the total mass feedrate of semivolatile metals or low volatile
metals for all hazardous waste feedstreams divided by the total heat
input rate for all hazardous waste feedstreams. The 12-hour rolling
average feedrate limits for semivolatile metals and low volatile metals
are the average of the test run averages, calculated on a thermal
concentration basis, for all hazardous waste feeds.
(B) When complying with the emission standards under Sec. Sec.
63.1220(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must
establish 12-hour rolling average limits for the total feedrate of
semivolatile and low volatile metals in all feedstreams as the average
of the test run averages.
(iv) Lightweight aggregate kilns under Sec. 63.1221. (A) When
complying with the emission standards under Sec. Sec. 63.1221(a)(3)(i),
(a)(4)(i), (b)(3)(i), and (b)(4)(i), you must establish 12-hour rolling
average feedrate limits for semivolatile and low volatile metals as the
thermal concentration of semivolatile metals or low volatile metals in
all hazardous waste feedstreams as specified in paragraphs
(n)(2)(iii)(A) of this section.
(B) When complying with the emission standards under Sec. Sec.
63.1221(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must
establish 12-hour rolling average limits for the total feedrate of
semivolatile and low volatile metals in all feedstreams as the average
of the test run averages.
(v) Liquid fuel boilers under Sec. 63.1217--(A) Semivolatile
metals. You must establish a rolling average limit for the semivolatile
metal feedrate as follows on an averaging period not to exceed an annual
rolling average.
(1) System removal efficiency. You must calculate a semivolatile
metal system removal efficiency for each test run and calculate the
average system removal efficiency of the test run averages. If emissions
exceed the semivolatile metal emission standard during the comprehensive
performance test, it is not a violation because the averaging period for
the semivolatile metal emission standard is one year and compliance is
based on compliance with the semivolatile metal feedrate limit that has
an averaging period not to exceed an annual rolling average.
(2) Boilers that feed hazardous waste with a heating value of 10,000
Btu/lb or greater. You must calculate the semivolatile metal feedrate
limit as the semivolatile metal emission standard divided by [1 - System
Removal Efficiency].
(i) The feedrate limit is a hazardous waste thermal concentration
limit expressed as pounds of semivolatile metals in all hazardous waste
feedstreams per million Btu of hazardous waste fed to the boiler.
(ii) You must comply with the hazardous waste semivolatile metal
thermal concentration limit by determining the feedrate of semivolatile
metal in all hazardous waste feedstreams (lb/hr) and the hazardous waste
thermal feedrate (MM Btu/hr) at least once a minute to calculate a 60-
minute average thermal emission concentration as [hazardous waste
semivolatile metal feedrate (lb/hr) /
[[Page 68]]
hazardous waste thermal feedrate (MM Btu/hr)].
(iii) You must calculate a rolling average hazardous waste
semivolatile metal thermal concentration that is updated each hour.
(iv) If you select an averaging period for the feedrate limit that
is greater than a 12-hour rolling average, you must calculate the
initial rolling average as though you had selected a 12-hour rolling
average, as provided by paragraph (b)(5)(i) of this section. Thereafter,
you must calculate rolling averages using either one-minute or one-hour
updates. Hourly updates shall be calculated using the average of the
one-minute average data for the preceding hour. For the period beginning
with initial operation under this standard until the source has operated
for the full averaging period that you select, the average feedrate
shall be based only on actual operation under this standard.
(3) Boilers that feed hazardous waste with a heating value less than
10,000 Btu/lb. (i) You must calculate the semivolatile metal feedrate
limit as the semivolatile metal emission standard divided by [1 - System
Removal Efficiency].
(ii) The feedrate limit is expressed as a mass concentration per
unit volume of stack gas ([micro]gm/dscm) and is converted to a mass
feedrate (lb/hr) by multiplying it by the average stack gas flowrate
(dscm/hr) of the test run averages.
(iii) You must comply with the feedrate limit by determining the
semivolatile metal feedrate (lb/hr) at least once a minute to calculate
a 60-minute average feedrate.
(iv) You must update the rolling average feedrate each hour with
this 60-minute feedrate measurement.
(v) If you select an averaging period for the feedrate limit that is
greater than a 12-hour rolling average, you must calculate the initial
rolling average as though you had selected a 12-hour rolling average, as
provided by paragraph (b)(5)(i) of this section. Thereafter, you must
calculate rolling averages using either one-minute or one-hour updates.
Hourly updates shall be calculated using the average of the one-minute
average data for the preceding hour. For the period beginning with
initial operation under this standard until the source has operated for
the full averaging period that you select, the average feedrate shall be
based only on actual operation under this standard.
(B) Chromium--(1) Boilers that feed hazardous waste with a heating
value of 10,000 Btu/lb or greater. (i) The 12-hour rolling average
feedrate limit is a hazardous waste thermal concentration limit
expressed as pounds of chromium in all hazardous waste feedstreams per
million Btu of hazardous waste fed to the boiler. You must establish the
12-hour rolling average feedrate limit as the average of the test run
averages.
(ii) You must comply with the hazardous waste chromium thermal
concentration limit by determining the feedrate of chromium in all
hazardous waste feedstreams (lb/hr) and the hazardous waste thermal
feedrate (MMBtu/hr) at least once each minute as [hazardous waste
chromium feedrate (lb/hr)/hazardous waste thermal feedrate (MMBtu/hr)].
(2) Boilers that feed hazardous waste with a heating value less than
10,000 Btu/lb. You must establish a 12-hour rolling average limit for
the total feedrate (lb/hr) of chromium in all feedstreams as the average
of the test run averages.
(vi) LVM limits for pumpable wastes. You must establish separate
feedrate limits for low volatile metals in pumpable feedstreams using
the procedures prescribed above for total low volatile metals. Dual
feedrate limits for both pumpable and total feedstreams are not
required, however, if you base the total feedrate limit solely on the
feedrate of pumpable feedstreams.
(vii) Extrapolation of feedrate levels. In lieu of establishing
feedrate limits as specified in paragraphs (n)(2)(ii) through (vi) of
this section, you may request as part of the performance test plan under
Sec. Sec. 63.7(b) and (c) and Sec. Sec. 63.1207(e) and (f) to use the
semivolatile metal and low volatile metal feedrates and associated
emission rates during the comprehensive performance test to extrapolate
to higher allowable feedrate limits and emission rates. The
extrapolation
[[Page 69]]
methodology will be reviewed and approved, as warranted, by the
Administrator. The review will consider in particular whether:
(A) Performance test metal feedrates are appropriate (i.e., whether
feedrates are at least at normal levels; depending on the heterogeneity
of the waste, whether some level of spiking would be appropriate; and
whether the physical form and species of spiked material is
appropriate); and
(B) Whether the extrapolated feedrates you request are warranted
considering historical metal feedrate data.
(3) Control device operating parameter limits (OPLs). You must
establish operating parameter limits on the particulate matter control
device as specified by paragraph (m)(1) of this section;
(4) Maximum total chlorine and chloride feedrate. You must establish
a 12-hour rolling average limit for the feedrate of total chlorine and
chloride in all feedstreams as the average of the test run averages.
(5) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the maximum
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time,
as the average of the maximum hourly rolling averages for each run.
(ii) You must comply with this limit on a hourly rolling average
basis.
(o) Hydrogen chloride and chlorine gas. You must comply with the
hydrogen chloride and chlorine gas emission standard by establishing and
complying with the following operating parameter limits. You must base
the limits on operations during the comprehensive performance test,
unless the limits are based on manufacturer specifications.
(1) Feedrate of total chlorine and chloride--(i) Incinerators,
cement kilns, lightweight aggregate kilns, solid fuel boilers, and
hydrochloric acid production furnaces. You must establish a 12-hour
rolling average limit for the total feedrate of chlorine (organic and
inorganic) in all feedstreams as the average of the test run averages.
(ii) Liquid fuel boilers--(A) Boilers that feed hazardous waste with
a heating value not less than 10,000 Btu/lb. (1) The feedrate limit is a
hazardous waste thermal concentration limit expressed as pounds of
chlorine (organic and inorganic) in all hazardous waste feedstreams per
million Btu of hazardous waste fed to the boiler.
(2) You must establish a 12-hour rolling average feedrate limit as
the average of the test run averages.
(3) You must comply with the feedrate limit by determining the mass
feedrate of hazardous waste feedstreams (lb/hr) at least once a minute
and by knowing the chlorine content (organic and inorganic, lb of
chlorine/lb of hazardous waste) and heating value (Btu/lb) of hazardous
waste feedstreams at all times to calculate a 1-minute average feedrate
measurement as [hazardous waste chlorine content (lb of chlorine/lb of
hazardous waste feed)/hazardous waste heating value (Btu/lb of hazardous
waste)]. You must update the rolling average feedrate each hour with
this 60-minute average feedrate measurement.
(B) Boilers that feed hazardous waste with a heating value less than
10,000 Btu/lb. You must establish a 12-hour rolling average limit for
the total feedrate of chlorine (organic and inorganic) in all
feedstreams as the average of the test run averages. You must update the
rolling average feedrate each hour with a 60-minute average feedrate
measurement.
(2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the maximum
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time,
as the average of the maximum hourly rolling averages for each run.
(ii) You must comply with this limit on a hourly rolling average
basis;
(3) Wet scrubber. If your combustor is equipped with a wet scrubber:
(i) If your source is equipped with a high energy wet scrubber such
as a venturi, hydrosonic, collision, or free jet wet scrubber, you must
establish a
[[Page 70]]
limit on minimum pressure drop across the wet scrubber on an hourly
rolling average as the average of the test run averages;
(ii) If your source is equipped with a low energy wet scrubber such
as a spray tower, packed bed, or tray tower, you must establish a
minimum pressure drop across the wet scrubber based on manufacturer's
specifications. You must comply with the limit on an hourly rolling
average;
(iii) If your source is equipped with a low energy wet scrubber, you
must establish a limit on minimum liquid feed pressure to the wet
scrubber based on manufacturer's specifications. You must comply with
the limit on an hourly rolling average;
(iv) You must establish a limit on minimum pH on an hourly rolling
average as the average of the test run averages;
(v) You must establish limits on either the minimum liquid to gas
ratio or the minimum scrubber water flowrate and maximum flue gas
flowrate on an hourly rolling average as the average of the test run
averages. If you establish limits on maximum flue gas flowrate under
this paragraph, you need not establish a limit on maximum flue gas
flowrate under paragraph (o)(2) of this section; and
(4) Dry scrubber. If your combustor is equipped with a dry scrubber,
you must establish the following operating parameter limits:
(i) Minimum sorbent feedrate. You must establish a limit on minimum
sorbent feedrate on an hourly rolling average as the average of the test
run averages.
(ii) Minimum carrier fluid flowrate or nozzle pressure drop. You
must establish a limit on minimum carrier fluid (gas or liquid) flowrate
or nozzle pressure drop based on manufacturer's specifications.
(iii) Sorbent specifications. (A) You must specify and use the brand
(i.e., manufacturer) and type of sorbent used during the comprehensive
performance test until a subsequent comprehensive performance test is
conducted, unless you document in the site-specific performance test
plan required under Sec. Sec. 63.1207(e) and (f) key parameters that
affect adsorption and establish limits on those parameters based on the
sorbent used in the performance test.
(B) You may substitute at any time a different brand or type of
sorbent provided that the replacement has equivalent or improved
properties compared to the sorbent used in the performance test and
conforms to the key sorbent parameters you identify under paragraph
(o)(4)(iii)(A) of this section. You must record in the operating record
documentation that the substitute sorbent will provide the same level of
control as the original sorbent.
(p) Maximum combustion chamber pressure. If you comply with the
requirements for combustion system leaks under Sec. 63.1206(c)(5) by
maintaining the maximum combustion chamber zone pressure lower than
ambient pressure to prevent combustion systems leaks from hazardous
waste combustion, you must perform instantaneous monitoring of pressure
and the automatic waste feed cutoff system must be engaged when negative
pressure is not adequately maintained.
(q) Operating under different modes of operation. If you operate
under different modes of operation, you must establish operating
parameter limits for each mode. You must document in the operating
record when you change a mode of operation and begin complying with the
operating limits for an alternative mode of operation.
(1) Operating under otherwise applicable standards after the
hazardous waste residence time has transpired. As provided by Sec.
63.1206(b)(1)(ii), you may operate under otherwise applicable
requirements promulgated under sections 112 and 129 of the Clean Air Act
in lieu of the substantive requirements of this subpart.
(i) The otherwise applicable requirements promulgated under sections
112 and 129 of the Clean Air Act are applicable requirements under this
subpart.
(ii) You must specify (e.g., by reference) the otherwise applicable
requirements as a mode of operation in your Documentation of Compliance
under Sec. 63.1211(c), your Notification of Compliance under Sec.
63.1207(j), and your
[[Page 71]]
title V permit application. These requirements include the otherwise
applicable requirements governing emission standards, monitoring and
compliance, and notification, reporting, and recordkeeping.
(2) Calculating rolling averages under different modes of operation.
When you transition to a different mode of operation, you must calculate
rolling averages as follows:
(i) Retrieval approach. Calculate rolling averages anew using the
continuous monitoring system values previously recorded for that mode of
operation (i.e., you ignore continuous monitoring system values
subsequently recorded under other modes of operation when you transition
back to a mode of operation); or
(ii) Start anew. Calculate rolling averages anew without considering
previous recordings.
(A) Rolling averages must be calculated as the average of the
available one-minute values for the parameter until enough one-minute
values are available to calculate hourly or 12-hour rolling averages,
whichever is applicable to the parameter.
(B) You may not transition to a new mode of operation using this
approach if the most recent operation in that mode resulted in an
exceedance of an applicable emission standard measured with a CEMS or
operating parameter limit prior to the hazardous waste residence time
expiring; or
(iii) Seamless transition. Continue calculating rolling averages
using data from the previous operating mode provided that both the
operating limit and the averaging period for the parameter are the same
for both modes of operation.
(r) Averaging periods. The averaging periods specified in this
section for operating parameters are not-to-exceed averaging periods.
You may elect to use shorter averaging periods. For example, you may
elect to use a 1-hour rolling average rather than the 12-hour rolling
average specified in paragraph (l)(1)(i) of this section for mercury.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42300, July 10, 2000;
65 FR 67271, Nov. 9, 2000; 66 FR 24272, May 14, 2001; 66 FR 35106, July
3, 2001; 67 FR 6815, Feb. 13, 2002; 67 FR 6991, Feb. 14, 2002; 67 FR
77691, Dec. 19, 2002; 70 FR 59548, Oct. 12, 2005; 73 FR 18981, Apr. 8,
2008]
Notification, Reporting and Recordkeeping
Sec. 63.1210 What are the notification requirements?
(a) Summary of requirements. (1) You must submit the following
notifications to the Administrator:
------------------------------------------------------------------------
Reference Notification
------------------------------------------------------------------------
63.9(b).............................. Initial notifications that you
are subject to Subpart EEE of
this Part.
63.9(d).............................. Notification that you are subject
to special compliance
requirements.
63.9(j).............................. Notification and documentation of
any change in information
already provided under Sec.
63.9.
63.1206(b)(5)(i)..................... Notification of changes in
design, operation, or
maintenance.
63.1206(c)(8)(iv).................... Notification of excessive bag
leak detection system
exceedances.
63.1206(c)(9)(v)..................... Notification of excessive
particulate matter detection
system exceedances.
63.1207(e), 63.9(e) 63.9(g)(1) and Notification of performance test
(3). and continuous monitoring system
evaluation, including the
performance test plan and CMS
performance evaluation plan.\1\
63.1210(b)........................... Notification of intent to comply.
63.1210(d), 63.1207(j), 63.1207(k), Notification of compliance,
63.1207(l), 63.9(h), 63.10(d)(2), including results of performance
63.10(e)(2). tests and continuous monitoring
system performance evaluations.
------------------------------------------------------------------------
\1\ You may also be required on a case-by-case basis to submit a
feedstream analysis plan under Sec. 63.1209(c)(3).
(2) You must submit the following notifications to the Administrator
if you request or elect to comply with alternative requirements:
------------------------------------------------------------------------
Notification, request, petition,
Reference or application
------------------------------------------------------------------------
63.9(i).............................. You may request an adjustment to
time periods or postmark
deadlines for submittal and
review of required information.
63.10(e)(3)(ii)...................... You may request to reduce the
frequency of excess emissions
and CMS performance reports.
63.10(f)............................. You may request to waive
recordkeeping or reporting
requirements.
[[Page 72]]
63.1204(d)(2)(iii), Notification that you elect to
63.1220(d)(2)(iii). comply with the emission
averaging requirements for
cement kilns with in-line raw
mills.
63.1204(e)(2)(iii), Notification that you elect to
63.1220(e)(2)(iii). comply with the emission
averaging requirements for
preheater or preheater/
precalciner kilns with dual
stacks.
63.1206(b)(4), 63.1213, 63.6(i), You may request an extension of
63.9(c). the compliance date for up to
one year.
63.1206(b)(5)(i)(C).................. You may request to burn hazardous
waste for more than 720 hours
and for purposes other than
testing or pretesting after
making a change in the design or
operation that could affect
compliance with emission
standards and prior to
submitting a revised
Notification of Compliance.
63.1206(b)(8)(iii)(B)................ If you elect to conduct
particulate matter CEMS
correlation testing and wish to
have federal particulate matter
and opacity standards and
associated operating limits
waived during the testing, you
must notify the Administrator by
submitting the correlation test
plan for review and approval.
63.1206(b)(8)(v)..................... You may request approval to have
the particulate matter and
opacity standards and associated
operating limits and conditions
waived for more than 96 hours
for a correlation test.
63.1206(b)(9)........................ Owners and operators of
lightweight aggregate kilns may
request approval of alternative
emission standards for mercury,
semivolatile metal, low volatile
metal, and hydrogen chloride/
chlorine gas under certain
conditions.
63.1206(b)(10)....................... Owners and operators of cement
kilns may request approval of
alternative emission standards
for mercury, semivolatile metal,
low volatile metal, and hydrogen
chloride/chlorine gas under
certain conditions.
63.1206(b)(14)....................... Owners and operators of
incinerators may elect to comply
with an alternative to the
particulate matter standard.
63.1206(b)(15)....................... Owners and operators of cement
and lightweight aggregate kilns
may request to comply with the
alternative to the interim
standards for mercury.
63.1206(c)(2)(ii)(C)................. You may request to make changes
to the startup, shutdown, and
malfunction plan.
63.1206(c)(5)(i)(C).................. You may request an alternative
means of control to provide
control of combustion system
leaks.
63.1206(c)(5)(i)(D).................. You may request other techniques
to prevent fugitive emissions
without use of instantaneous
pressure limits.
63.1207(c)(2)........................ You may request to base initial
compliance on data in lieu of a
comprehensive performance test.
63.1207(d)(3)........................ You may request more than 60 days
to complete a performance test
if additional time is needed for
reasons beyond your control.
63.1207(e)(3), 63.7(h)............... You may request a time extension
if the Administrator fails to
approve or deny your test plan.
63.1207(h)(2)........................ You may request to waive current
operating parameter limits
during pretesting for more than
720 hours.
63.1207(f)(1)(ii)(D)................. You may request a reduced
hazardous waste feedstream
analysis for organic hazardous
air pollutants if the reduced
analysis continues to be
representative of organic
hazardous air pollutants in your
hazardous waste feedstreams.
63.1207(g)(2)(v)..................... You may request to operate under
a wider operating range for a
parameter during confirmatory
performance testing.
63.1207(i)........................... You may request up to a one-year
time extension for conducting a
performance test (other than the
initial comprehensive
performance test) to consolidate
testing with other state or
federally-required testing.
63.1207(j)(4)........................ You may request more than 90 days
to submit a Notification of
Compliance after completing a
performance test if additional
time is needed for reasons
beyond your control.
63.1207(l)(3)........................ After failure of a performance
test, you may request to burn
hazardous waste for more than
720 hours and for purposes other
than testing or pretesting.
63.1209(a)(5), 63.8(f)............... You may request: (1) Approval of
alternative monitoring methods
for compliance with standards
that are monitored with a CEMS;
and (2) approval to use a CEMS
in lieu of operating parameter
limits.
63.1209(g)(1)........................ You may request approval of: (1)
Alternatives to operating
parameter monitoring
requirements, except for
standards that you must monitor
with a continuous emission
monitoring system (CEMS) and
except for requests to use a
CEMS in lieu of operating
parameter limits; or (2) a
waiver of an operating parameter
limit.
63.1209(l)(1)........................ You may request to extrapolate
mercury feedrate limits.
63.1209(n)(2)........................ You may request to extrapolate
semivolatile and low volatile
metal feedrate limits.
63.1211(d)........................... You may request to use data
compression techniques to record
data on a less frequent basis
than required by Sec. 63.1209.
------------------------------------------------------------------------
(b) Notification of intent to comply (NIC). These procedures apply
to sources that have not previously complied with the requirements of
paragraphs (b) and (c) of this section, and to sources that previously
complied with the NIC requirements of Sec. Sec. 63.1210 and 63.1212(a),
which were in effect prior to October 11, 2000, that must make a
technology change requiring a Class 1 permit modification to meet the
standards of Sec. Sec. 63.1219, 63.1220, and 63.1221.
(1) You must prepare a Notification of Intent to Comply that
includes all of the following information:
(i) General information:
(A) The name and address of the owner/operator and the source;
[[Page 73]]
(B) Whether the source is a major or an area source;
(C) Waste minimization and emission control technique(s) being
considered;
(D) Emission monitoring technique(s) you are considering;
(E) Waste minimization and emission control technique(s)
effectiveness;
(F) A description of the evaluation criteria used or to be used to
select waste minimization and/or emission control technique(s); and
(G) A general description of how you intend to comply with the
emission standards of this subpart.
(ii) As applicable to each source, information on key activities and
estimated dates for these activities that will bring the source into
compliance with emission control requirements of this subpart. You must
include all of the following key activities and dates in your NIC:
(A) The dates by which you anticipate you will develop engineering
designs for emission control systems or process changes for emissions;
(B) The date by which you anticipate you will commit internal or
external resources for installing emission control systems or making
process changes for emission control, or the date by which you will
issue orders for the purchase of component parts to accomplish emission
control or process changes.
(C) The date by which you anticipate you will submit construction
applications;
(D) The date by which you anticipate you will initiate on-site
construction, installation of emission control equipment, or process
change;
(E) The date by which you anticipate you will complete on-site
construction, installation of emission control equipment, or process
change; and
(F) The date by which you anticipate you will achieve final
compliance. The individual dates and milestones listed in paragraphs
(b)(1)(ii)(A) through (F) of this section as part of the NIC are not
requirements and therefore are not enforceable deadlines; the
requirements of paragraphs (b)(1)(ii)(A) through (F) of this section
must be included as part of the NIC only to inform the public of how you
intend to comply with the emission standards of this subpart.
(iii) A summary of the public meeting required under paragraph (c)
of this section;
(iv) If you intend to cease burning hazardous waste prior to or on
the compliance date, the requirements of paragraphs (b)(1)(ii) and
(b)(1)(iii) of this section do not apply. You must include in your NIC a
schedule of key dates for the steps to be taken to stop hazardous waste
activity at your combustion unit. Key dates include the date for
submittal of RCRA closure documents required under subpart G, part 264
or subpart G, part 265 of this chapter.
(2) You must make a draft of the NIC available for public review no
later than 30 days prior to the public meeting required under paragraph
(c)(1) of this section or no later than 9 months after the effective
date of the rule if you intend to cease burning hazardous waste prior to
or on the compliance date.
(3) You must submit the final NIC to the Administrator:
(i) Existing units. No later than one year following the effective
date of the emission standards of this subpart; or
(ii) New units. No later than 60 days following the informal public
meeting.
(c) NIC public meeting and notice. (1) Prior to the submission of
the NIC to the permitting agency and:
(i) Existing units. No later than 10 months after the effective date
of the emission standards of this subpart, you must hold at least one
informal meeting with the public to discuss the anticipated activities
described in the draft NIC for achieving compliance with the emission
standards of this subpart. You must post a sign-in sheet or otherwise
provide a voluntary opportunity for attendees to provide their names and
addresses.
(ii) New units. No earlier than thirty (30) days following notice of
the informal public meeting, you must hold at least one informal meeting
with the public to discuss the anticipated activities described in the
draft NIC for achieving compliance with the emission standards of this
subpart. You must post a sign-in sheet or otherwise provide a voluntary
opportunity for
[[Page 74]]
attendees to provide their names and addresses.
(2) You must submit a summary of the meeting, along with the list of
attendees and their addresses developed under paragraph (b)(1) of this
section, and copies of any written comments or materials submitted at
the meeting, to the Administrator as part of the final NIC, in
accordance with paragraph (b)(1)(iii) of this section;
(3) You must provide public notice of the NIC meeting at least 30
days prior to the meeting and you must maintain, and provide to the
Administrator upon request, documentation of the notice. You must
provide public notice in all of the following forms:
(i) Newspaper advertisement. You must publish a notice in a
newspaper of general circulation in the county or equivalent
jurisdiction of your facility. In addition, you must publish the notice
in newspapers of general circulation in adjacent counties or equivalent
jurisdiction where such publication would be necessary to inform the
affected public. You must publish the notice as a display advertisement.
(ii) Visible and accessible sign. You must post a notice on a
clearly marked sign at or near the source. If you place the sign on the
site of the hazardous waste combustor, the sign must be large enough to
be readable from the nearest spot where the public would pass by the
site.
(iii) Broadcast media announcement. You must broadcast a notice at
least once on at least one local radio station or television station.
(iv) Notice to the facility mailing list. You must provide a copy of
the notice to the facility mailing list in accordance with Sec.
124.10(c)(1)(ix) of this chapter.
(4) You must include all of the following in the notices required
under paragraph (c)(3) of this section:
(i) The date, time, and location of the meeting;
(ii) A brief description of the purpose of the meeting;
(iii) A brief description of the source and proposed operations,
including the address or a map (e.g., a sketched or copied street map)
of the source location;
(iv) A statement encouraging people to contact the source at least
72 hours before the meeting if they need special access to participate
in the meeting;
(v) A statement describing how the draft NIC (and final NIC, if
requested) can be obtained; and
(vi) The name, address, and telephone number of a contact person for
the NIC.
(5) The requirements of this paragraph do not apply to sources that
intend to cease burning hazardous waste prior to or on the compliance
date.
(d) Notification of compliance. (1) The Notification of Compliance
status requirements of Sec. 63.9(h) apply, except that:
(i) The notification is a Notification of Compliance, rather than
compliance status;
(ii) The notification is required for the initial comprehensive
performance test and each subsequent comprehensive and confirmatory
performance test; and
(iii) You must postmark the notification before the close of
business on the 90th day following completion of relevant compliance
demonstration activity specified in this subpart rather than the 60th
day as required by Sec. 63.9(h)(2)(ii).
(2) Upon postmark of the Notification of Compliance, the operating
parameter limits identified in the Notification of Compliance, as
applicable, shall be complied with, the limits identified in the
Documentation of Compliance or a previous Notification of Compliance are
no longer applicable.
(3) The Notification of Compliance requirements of Sec. 63.1207(j)
also apply.
[64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63211, Nov. 19, 1999;
65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 67 FR 6992, Feb.
14, 2002; 70 FR 59552, Oct. 12, 2005; 73 FR 18982, Apr. 8, 2008; 73 FR
64097, Oct. 28, 2008]
Sec. 63.1211 What are the recordkeeping and reporting requirements?
(a) Summary of reporting requirements. You must submit the following
reports to the Administrator:
[[Page 75]]
------------------------------------------------------------------------
Reference Report
------------------------------------------------------------------------
63.10(d)(4)............................ Compliance progress reports, if
required as a condition of an
extension of the compliance
date granted under Sec.
63.6(i).
63.10(d)(5)(i)......................... Periodic startup, shutdown, and
malfunction reports.
63.10(d)(5)(ii)........................ Immediate startup, shutdown,
and malfunction reports.
63.10(e)(3)............................ Excessive emissions and
continuous monitoring system
performance report and summary
report.
63.1206(c)(2)(ii)(B)................... Startup, shutdown, and
malfunction plan.
63.1206(c)(3)(vi)...................... Excessive exceedances reports.
63.1206(c)(4)(iv)...................... Emergency safety vent opening
reports.
------------------------------------------------------------------------
(b) Summary of recordkeeping requirements. You must retain the
following in the operating record:
------------------------------------------------------------------------
Reference Document, Data, or Information
------------------------------------------------------------------------
63.1200, 63.10(b) and (c)............ General. Information required to
document and maintain compliance
with the regulations of Subpart
EEE, including data recorded by
continuous monitoring systems
(CMS), and copies of all
notifications, reports, plans,
and other documents submitted to
the Administrator.
63.1204(d)(1)(ii), 63.1220(d)(1)(ii). Documentation of mode of
operation changes for cement
kilns with in-line raw mills.
63.1204(d)(2)(ii), 63.1220(d)(2)(ii). Documentation of compliance with
the emission averaging
requirements for cement kilns
with in-line raw mills.
63.1204(e)(2)(ii), 63.1220(e)(2)(ii). Documentation of compliance with
the emission averaging
requirements for preheater or
preheater/precalciner kilns with
dual stacks.
63.1206(b)(1)(ii).................... If you elect to comply with all
applicable requirements and
standards promulgated under
authority of the Clean Air Act,
including Sections 112 and 129,
in lieu of the requirements of
Subpart EEE when not burning
hazardous waste, you must
document in the operating record
that you are in compliance with
those requirements.
63.1206(b)(5)(ii).................... Documentation that a change will
not adversely affect compliance
with the emission standards or
operating requirements.
63.1206(b)(11)....................... Calculation of hazardous waste
residence time.
63.1206(c)(2)........................ Startup, shutdown, and
malfunction plan.
63.1206(c)(2)(v)(A).................. Documentation of your
investigation and evaluation of
excessive exceedances during
malfunctions.
63.1206(c)(3)(v)..................... Corrective measures for any
automatic waste feed cutoff that
results in an exceedance of an
emission standard or operating
parameter limit.
63.1206(c)(3)(vii)................... Documentation and results of the
automatic waste feed cutoff
operability testing.
63.1206(c)(4)(ii).................... Emergency safety vent operating
plan.
63.1206(c)(4)(iii)................... Corrective measures for any
emergency safety vent opening.
63.1206(c)(5)(ii).................... Method used for control of
combustion system leaks.
63.1206(c)(6)........................ Operator training and
certification program.
63.1206(c)(7)(i)(D).................. Operation and maintenance plan.
63.1209(c)(2)........................ Feedstream analysis plan.
63.1209(k)(6)(iii), Documentation that a substitute
63.1209(k)(7)(ii), activated carbon, dioxin/furan
63.1209(k)(9)(ii), formation reaction inhibitor, or
63.1209(o)(4)(iii). dry scrubber sorbent will
provide the same level of
control as the original
material.
63.1209(k)(7)(i)(C).................. Results of carbon bed performance
monitoring.
63.1209(q)........................... Documentation of changes in modes
of operation.
63.1211(c)........................... Documentation of compliance.
------------------------------------------------------------------------
(c) Documentation of compliance. (1) By the compliance date, you
must develop and include in the operating record a Documentation of
Compliance. You are not subject to this requirement, however, if you
submit a Notification of Compliance under Sec. 63.1207(j) prior to the
compliance date. Upon inclusion of the Documentation of Compliance in
the operating record, hazardous waste burning incinerators, cement
kilns, and lightweight aggregate kilns regulated under the interim
standards of Sec. Sec. 63.1203, 63.1204, and 63.1205 are no longer
subject to compliance with the previously applicable Notification of
Compliance.
(2) The Documentation of Compliance must identify the applicable
emission standards under this subpart and the limits on the operating
parameters under Sec. 63.1209 that will ensure compliance with those
emission standards.
(3) You must include a signed and dated certification in the
Documentation of Compliance that:
[[Page 76]]
(i) Required CEMs and CMS are installed, calibrated, and
continuously operating in compliance with the requirements of this
subpart; and
(ii) Based on an engineering evaluation prepared under your
direction or supervision in accordance with a system designed to ensure
that qualified personnel properly gathered and evaluated the information
and supporting documentation, and considering at a minimum the design,
operation, and maintenance characteristics of the combustor and
emissions control equipment, the types, quantities, and characteristics
of feedstreams, and available emissions data:
(A) You are in compliance with the emission standards of this
subpart; and
(B) The limits on the operating parameters under Sec. 63.1209
ensure compliance with the emission standards of this subpart.
(4) You must comply with the emission standards and operating
parameter limits specified in the Documentation of Compliance.
(d) Data compression. You may submit a written request to the
Administrator for approval to use data compression techniques to record
data from CMS, including CEMS, on a frequency less than that required by
Sec. 63.1209. You must submit the request for review and approval as
part of the comprehensive performance test plan.
(1) You must record a data value at least once each ten minutes.
(2) For each CEMS or operating parameter for which you request to
use data compression techniques, you must recommend:
(i) A fluctuation limit that defines the maximum permissible
deviation of a new data value from a previously generated value without
requiring you to revert to recording each one-minute value.
(A) If you exceed a fluctuation limit, you must record each one-
minute value for a period of time not less than ten minutes.
(B) If neither the fluctuation limit nor the data compression limit
are exceeded during that period of time, you may reinitiate recording
data values on a frequency of at least once each ten minutes; and
(ii) A data compression limit defined as the closest level to an
operating parameter limit or emission standard at which reduced data
recording is allowed.
(A) Within this level and the operating parameter limit or emission
standard, you must record each one-minute average.
(B) The data compression limit should reflect a level at which you
are unlikely to exceed the specific operating parameter limit or
emission standard, considering its averaging period, with the addition
of a new one-minute average.
[64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63212, Nov. 19, 1999;
65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 66 FR 35106, July
3, 2001; 67 FR 6993, Feb. 14, 2002; 70 FR 59554, Oct. 12, 2005]
Other
Sec. 63.1212 What are the other requirements pertaining to the NIC?
(a) Certification of intent to comply. The Notice of Intent to
Comply (NIC) must contain the following certification signed and dated
by a responsible official as defined under Sec. 63.2 of this chapter: I
certify under penalty of law that I have personally examined and am
familiar with the information submitted in this document and all
attachments and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that
the information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including
the possibility of fine and imprisonment.
(b) New units. Any source that files a RCRA permit application or
permit modification request for construction of a hazardous waste
combustion unit after October 12, 2005 must:
(1) Prepare a draft NIC pursuant to Sec. 63.1210(b) and make it
available to the public upon issuance of the notice of public meeting
pursuant to Sec. 63.1210(c)(3);
(2) Prepare a draft comprehensive performance test plan pursuant to
the requirements of Sec. 63.1207 and make it available for public
review upon
[[Page 77]]
issuance of the notice of NIC public meeting;
(3) Provide notice to the public of a pre-application meeting
pursuant to Sec. 124.31 of this chapter or notice to the public of a
permit modification request pursuant to Sec. 270.42 of this chapter;
(4) Hold an informal public meeting [pursuant to Sec. 63.1210(c)(1)
and (c)(2)] no earlier than 30 days following notice of the NIC public
meeting and notice of the pre-application meeting or notice of the
permit modification request to discuss anticipated activities described
in the draft NIC and pre-application or permit modification request for
achieving compliance with the emission standards of this subpart; and
(5) Submit a final NIC pursuant to Sec. 63.1210(b)(3).
(c) Information Repository specific to new combustion units. (1) Any
source that files a RCRA permit application or modification request for
construction of a new hazardous waste combustion unit after October 12,
2005 may be required to establish an information repository if deemed
appropriate.
(2) The Administrator may assess the need, on a case-by-case basis
for an information repository. When assessing the need for a repository,
the Administrator shall consider the level of public interest, the
presence of an existing repository, and any information available via
the New Source Review and Title V permit processes. If the Administrator
determines a need for a repository, then the Administrator shall notify
the facility that it must establish and maintain an information
repository.
(3) The information repository shall contain all documents, reports,
data, and information deemed necessary by the Administrator. The
Administrator shall have the discretion to limit the contents of the
repository.
(4) The information repository shall be located and maintained at a
site chosen by the source. If the Administrator finds the site
unsuitable for the purposes and persons for which it was established,
due to problems with location, hours of availability, access, or other
relevant considerations, then the Administrator shall specify a more
appropriate site.
(5) The Administrator shall require the source to provide a written
notice about the information repository to all individuals on the source
mailing list.
(6) The source shall be responsible for maintaining and updating the
repository with appropriate information throughout a period specified by
the Administrator. The Administrator may close the repository at his or
her discretion based on the considerations in paragraph (c)(2) of this
section.
[70 FR 59555, Oct. 12, 2005, as amended at 73 FR 18982, Apr. 8, 2008]
Sec. 63.1213 How can the compliance date be extended to install
pollution prevention or waste minimization controls?
(a) Applicability. You may request from the Administrator or State
with an approved Title V program an extension of the compliance date of
up to one year. An extension may be granted if you can reasonably
document that the installation of pollution prevention or waste
minimization measures will significantly reduce the amount and/or
toxicity of hazardous wastes entering the feedstream(s) of the hazardous
waste combustor(s), and that you could not install the necessary control
measures and comply with the emission standards and operating
requirements of this subpart by the compliance date.
(b) Requirements for requesting an extension. (1) You must make your
requests for an (up to) one-year extension in writing in accordance with
Sec. 63.6(i)(4)(B) and (C). The request must contain the following
information:
(i) A description of pollution prevention or waste minimization
controls that, when installed, will significantly reduce the amount and/
or toxicity of hazardous wastes entering the feedstream(s) of the
hazardous waste combustor(s). Pollution prevention or waste minimization
measures may include: equipment or technology modifications,
reformulation or redesign of products, substitution of raw materials,
improvements in work practices, maintenance, training, inventory
control, or recycling practices conducted as defined in Sec. 261.1(c)
of this chapter;
[[Page 78]]
(ii) A description of other pollution controls to be installed that
are necessary to comply with the emission standards and operating
requirements;
(iii) A reduction goal or estimate of the annual reductions in
quantity and/or toxicity of hazardous waste(s) entering combustion
feedstream(s) that you will achieve by installing the proposed pollution
prevention or waste minimization measures;
(iv) A comparison of reductions in the amounts and/or toxicity of
hazardous wastes combusted after installation of pollution prevention or
waste minimization measures to the amounts and/or toxicity of hazardous
wastes combusted prior to the installation of these measures. If the
difference is less than a fifteen percent reduction, include a
comparison to pollution prevention and waste minimization reductions
recorded during the previous five years;
(v) Reasonable documentation that installation of the pollution
prevention or waste minimization changes will not result in a net
increase (except for documented increases in production) of hazardous
constituents released to the environment through other emissions, wastes
or effluents;
(vi) Reasonable documentation that the design and installation of
waste minimization and other measures that are necessary for compliance
with the emission standards and operating requirements of this subpart
cannot otherwise be installed within the three year compliance period,
and
(vii) The information required in Sec. 63.6(i)(6)(i)(B) through
(D).
(2) You may enclose documentation prepared under an existing State-
required pollution prevention program that contains the information
prescribed in paragraph (b) of this section with a request for extension
in lieu of complying with the time extension requirements of that
paragraph.
(c) Approval of request for extension of compliance date. Based on
the information provided in any request made under paragraph (a) of this
section, the Administrator or State with an approved title V program may
grant an extension of the compliance date of this subpart. The extension
will be in writing in accordance with Sec. Sec. 63.6(i)(10)(i) through
63.6(i)(10)(v)(A).
[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 6994, Feb. 14, 2002; 67
FR 77691, Dec. 19, 2002]
Sec. 63.1214 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if this
subpart is delegated to a State, local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to requirements in Sec. Sec. 63.1200,
63.1203, 63.1204, 63.1205, 63.1206(a), 63.1215, 63.1216, 63.1217,
63.1218, 63.1219, 63.1220, and 63.1221.
(2) Approval of major alternatives to test methods under Sec. Sec.
63.7(e)(2)(ii) and (f), 63.1208(b), and 63.1209(a)(1), as defined under
Sec. 63.90, and as required in this subpart.
(3) Approval of major alternatives to monitoring under Sec. Sec.
63.8(f) and 63.1209(a)(5), as defined under Sec. 63.90, and as required
in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. Sec. 63.10(f) and 63.1211(a) through (c), as defined under
Sec. 63.90, and as required in this subpart.
[68 FR 37356, June 23, 2003, as amended at 70 FR 59555, Oct. 12, 2005]
[[Page 79]]
Sec. 63.1215 What are the health-based compliance alternatives for
total chlorine?
(a) General--(1) Overview. You may establish and comply with health-
based compliance alternatives for total chlorine under the procedures
prescribed in this section for your hazardous waste combustors other
than hydrochloric acid production furnaces. You may comply with these
health-based compliance alternatives in lieu of the emission standards
for total chlorine provided under Sec. Sec. 63.1216, 63.1217, 63.1219,
63.1220, and 63.1221. To identify and comply with the limits, you must:
(i) Identify a total chlorine emission concentration (ppmv)
expressed as chloride (Cl(-)) equivalent for each on site hazardous
waste combustor. You may select total chlorine emission concentrations
as you choose to demonstrate eligibility for the risk-based limits under
this section, except as provided by paragraph (b)(7) of this section;
(ii) Apportion the total chlorine emission concentration between HCl
and Cl2 according to paragraph (b)(6)(i) of this section, and
calculate HCl and Cl2 emission rates (lb/hr) using the gas
flowrate and other parameters from the most recent regulatory compliance
test.
(iii) Calculate the annual average HCl-equivalent emission rate as
prescribed in paragraph (b)(2) of this section.
(iv) Perform an eligibility demonstration to determine if your HCl-
equivalent emission rate meets the national exposure standard and thus
is below the annual average HCl-equivalent emission rate limit, as
prescribed by paragraph (c) of this section;
(v) Submit your eligibility demonstration for review and approval,
as prescribed by paragraph (e) of this section, which must include
information to ensure that the 1-hour average HCl-equivalent emission
rate limit is not exceeded, as prescribed by paragraph (d) of this
section;
(vi) Demonstrate compliance with the annual average HCl-equivalent
emission rate limit during the comprehensive performance test, as
prescribed by the testing and monitoring requirements under paragraph
(e) of this section;
(vii) Comply with compliance monitoring requirements, including
establishing feedrate limits on total chlorine and chloride, and
operating parameter limits on emission control equipment, as prescribed
by paragraph (f) of this section; and
(viii) Comply with the requirements for changes, as prescribed by
paragraph (h) of this section.
(2) Definitions. In addition to the definitions under Sec. 63.1201,
the following definitions apply to this section:
1-Hour Average HCl-Equivalent Emission Rate means the HCl-equivalent
emission rate (lb/hr) determined by equating the toxicity of chlorine to
HCl using aRELs as the health risk metric for acute exposure.
1-Hour Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using aRELs as the health risk metric for acute exposure
and which ensures that maximum 1-hour average ambient concentrations of
HCl-equivalents do not exceed a Hazard Index of 1.0, rounded to the
nearest tenths decimal place (0.1), at an off-site receptor location.
Acute Reference Exposure Level (aREL) means health thresholds below
which there would be no adverse health effects for greater than once in
a lifetime exposures of one hour. ARELs are developed by the California
Office of Health Hazard Assessment and are available at http://
www.oehha.ca.gov/air/acute--rels/acuterel.html.
Annual Average HCl-Equivalent Emission Rate means the HCl-equivalent
emission rate (lb/hr) determined by equating the toxicity of chlorine to
HCl using RfCs as the health risk metric for long-term exposure.
Annual Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using RfCs as the health risk metric for long-term
exposure and which ensures that maximum annual average ambient
concentrations of HCl equivalents do not exceed a Hazard Index of
[[Page 80]]
1.0, rounded to the nearest tenths decimal place (0.1), at an off-site
receptor location.
Hazard Index (HI) means the sum of more than one Hazard Quotient for
multiple substances and/or multiple exposure pathways. In this section,
the Hazard Index is the sum of the Hazard Quotients for HCl and
chlorine.
Hazard Quotient (HQ) means the ratio of the predicted media
concentration of a pollutant to the media concentration at which no
adverse effects are expected. For chronic inhalation exposures, the HQ
is calculated under this section as the air concentration divided by the
RfC. For acute inhalation exposures, the HQ is calculated under this
section as the air concentration divided by the aREL.
Look-up table analysis means a risk screening analysis based on
comparing the HCl-equivalent emission rate from the affected source to
the appropriate HCl-equivalent emission rate limit specified in Tables 1
through 4 of this section.
Reference Concentration (RfC) means an estimate (with uncertainty
spanning perhaps an order of magnitude) of a continuous inhalation
exposure to the human population (including sensitive subgroups) that is
likely to be without an appreciable risk of deleterious effects during a
lifetime. It can be derived from various types of human or animal data,
with uncertainty factors generally applied to reflect limitations of the
data used.
(b) HCl-equivalent emission rates. (1) You must express total
chlorine emission rates for each hazardous waste combustor as HCl-
equivalent emission rates.
(2) Annual average rates. You must calculate annual average
toxicity-weighted HCl-equivalent emission rates for each combustor as
follows:
ERLTtw = ERHCl + ERCl2 x
(RfCHCl/RfCCl2)
Where:
ERLTtw is the annual average HCl toxicity-weighted emission
rate (HCl-equivalent emission rate) considering long-term exposures, lb/
hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
RfCHCl is the reference concentration of HCl
RfCCl2 is the reference concentration of chlorine
(3) 1-hour average rates. You must calculate 1-hour average
toxicity-weighted HCl-equivalent emission rates for each combustor as
follows:
ERSTtw = ERHCl + ERCl2 x
(aRELHCl/aRELCl2)
Where:
ERSTtw is the 1-hour average HCl-toxicity-weighted emission
rate (HCl-equivalent emission rate) considering 1-hour (short-term)
exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
aRELHCl is the aREL for HCl
aRELCl2 is the aREL for chlorine
(4) You must use the RfC values for hydrogen chloride and chlorine
found at http://epa.gov/ttn/atw/toxsource/ summary.html.
(5) You must use the aREL values for hydrogen chloride and chlorine
found at http://www.oehha.ca.gov/air/ acute--rels/acuterel.html.
(6) Cl2HCl ratios--(i) Ratio for calculating annual
average HCl-equivalent emission rates. (A) To calculate the annual
average HCl-equivalent emission rate (lb/hr) for each combustor, you
must apportion the total chlorine emission concentration (ppmv chloride
(Cl(-)) equivalent) between HCl and chlorine according to the
historical average Cl2/HCl volumetric ratio for all
regulatory compliance tests.
(B) You must calculate HCl and Cl2 emission rates (lb/hr)
using the apportioned emission concentrations and the gas flowrate and
other parameters from the most recent regulatory compliance test.
(C) You must calculate the annual average HCl-equivalent emission
rate using these HCl and Cl2 emission rates and the equation
in paragraph (b)(2) of this section.
(ii) Ratio for calculating 1-hour average HCl-equivalent emission
rates. (A) To calculate the 1-hour average HCl-equivalent emission rate
for each combustor as a criterion for you to determine under paragraph
(d) of this section if an hourly rolling average feedrate limit on total
chlorine and chloride may be waived, you must apportion the total
chlorine emission concentration
[[Page 81]]
(ppmv chloride (Cl(-)) equivalent) between HCl and chlorine
according to the historical highest Cl2/HCl volumetric ratio
for all regulatory compliance tests.
(B) You must calculate HCl and Cl2 emission rates (lb/hr)
using the apportioned emission concentrations and the gas flowrate and
other parameters from the most recent regulatory compliance test.
(C) You must calculate the 1-hour average HCl-equivalent emission
rate using these HCl and Cl2 emission rates and the equation
in paragraph (b)(3) of this section.
(iii) Ratios for new sources. (A) You must use engineering
information to estimate the Cl2/HCl volumetric ratio for a
new source for the initial eligibility demonstration.
(B) You must use the Cl2/HCl volumetric ratio
demonstrated during the initial comprehensive performance test to
demonstrate in the Notification of Compliance that your HCl-equivalent
emission rate does not exceed your HCl-equivalent emission rate limit.
(C) When approving the test plan for the initial comprehensive
performance test, the permitting authority will establish a periodic
testing requirement, such as every 3 months for 1 year, to establish a
record of representative Cl2/HCl volumetric ratios.
(1) You must revise your HCl-equivalent emission rates and HCl-
equivalent emission rate limits after each such test using the
procedures prescribed in paragraphs (b)(6)(i) and (ii) of this section.
(2) If you no longer are eligible for the health-based compliance
alternative, you must notify the permitting authority immediately and
either:
(i) Submit a revised eligibility demonstration requesting lower HCl-
equivalent emission rate limits, establishing lower HCl-equivalent
emission rates, and establishing by downward extrapolation lower
feedrate limits for total chlorine and chloride; or
(ii) Request a compliance schedule of up to three years to
demonstrate compliance with the emission standards under Sec. Sec.
63.1216, 63.1217, 63.1219, 63.1220, and 63.1221.
(iv) Unrepresentative or inadequate historical Cl2/HCl
volumetric ratios. (A) If you believe that the Cl2/HCl
volumetric ratio for one or more historical regulatory compliance tests
is not representative of the current ratio, you may request that the
permitting authority allow you to screen those ratios from the analysis
of historical ratios.
(B) If the permitting authority believes that too few historical
ratios are available to calculate a representative average ratio or
establish a maximum ratio, the permitting authority may require you to
conduct periodic testing to establish representative ratios.
(v) Updating Cl2/HCl ratios. You must include the
Cl2/HCl volumetric ratio demonstrated during each performance
test in your data base of historical Cl2/HCl ratios to update the ratios
you establish under paragraphs (b)(6)(i) and (ii) of this section for
subsequent calculations of the annual average and 1-hour average HCl-
equivalent emission rates.
(7) Emission rates are capped. The hydrogen chloride and chlorine
emission rates you use to calculate the HCl-equivalent emission rate
limit for incinerators, cement kilns, and lightweight aggregate kilns
must not result in total chlorine emission concentrations exceeding:
(i) For incinerators that were existing sources on April 19, 1996:
77 parts per million by volume, combined emissions, expressed as
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen;
(ii) For incinerators that are new or reconstructed sources after
April 19, 1996: 21 parts per million by volume, combined emissions,
expressed as chloride (Cl(-)) equivalent, dry basis and
corrected to 7 percent oxygen;
(iii) For cement kilns that were existing sources on April 19, 1996:
130 parts per million by volume, combined emissions, expressed as
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen;
(iv) For cement kilns that are new or reconstructed sources after
April 19, 1996: 86 parts per million by volume, combined emissions,
expressed as chloride (Cl(-)) equivalent, dry basis and
corrected to 7 percent oxygen;
(v) For lightweight aggregate kilns that were existing sources on
April 19,
[[Page 82]]
1996: 600 parts per million by volume, combined emissions, expressed as
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen;
(vi) For lightweight aggregate kilns that are new or reconstructed
sources after April 19, 1996: 600 parts per million by volume, combined
emissions, expressed as chloride (Cl(-)) equivalent, dry
basis and corrected to 7 percent oxygen.
(c) Eligibility demonstration--(1) General. (i) You must perform an
eligibility demonstration to determine whether the total chlorine
emission rates you select for each on-site hazardous waste combustor
meet the national exposure standards using either a look-up table
analysis prescribed by paragraph (c)(3) of this section, or a site-
specific compliance demonstration prescribed by paragraph (c)(4) of this
section.
(ii) You must also determine in your eligibility demonstration
whether each combustor may exceed the 1-hour HCl-equivalent emission
rate limit absent an hourly rolling average limit on the feedrate of
total chlorine and chloride, as provided by paragraph (d) of this
section.
(2) Definition of eligibility. (i) Eligibility for the risk-based
total chlorine standard is determined by comparing the annual average
HCl-equivalent emission rate for the total chlorine emission rate you
select for each combustor to the annual average HCl-equivalent emission
rate limit.
(ii) The annual average HCl-equivalent emission rate limit ensures
that the Hazard Index for chronic exposure from HCl and chlorine
emissions from all on-site hazardous waste combustors is less than or
equal to 1.0, rounded to the nearest tenths decimal place (0.1), for the
actual individual most exposed to the facility's emissions, considering
off-site locations where people reside and where people congregate for
work, school, or recreation.
(iii) Your facility is eligible for the health-based compliance
alternative for total chlorine if either:
(A) The annual average HCl-equivalent emission rate for each on-site
hazardous waste combustor is below the appropriate value in the look-up
table determined under paragraph (c)(3) of this section; or
(B) The annual average HCl-equivalent emission rate for each on-site
hazardous waste combustor is below the annual average HCl-equivalent
emission rate limit you calculate based on a site-specific compliance
demonstration under paragraph (c)(4) of this section.
(3) Look-up table analysis. Look-up tables for the eligibility
demonstration are provided as Tables 1 and 2 to this section.
(i) Table 1 presents annual average HCl-equivalent emission rate
limits for sources located in flat terrain. For purposes of this
analysis, flat terrain is terrain that rises to a level not exceeding
one half the stack height within a distance of 50 stack heights.
(ii) Table 2 presents annual average HCl-equivalent emission rate
limits for sources located in simple elevated terrain. For purposes of
this analysis, simple elevated terrain is terrain that rises to a level
exceeding one half the stack height, but that does not exceed the stack
height, within a distance of 50 stack heights.
(iii) To determine the annual average HCl-equivalent emission rate
limit for a source from the look-up table, you must use the stack height
and stack diameter for your hazardous waste combustors and the distance
between the stack and the property boundary.
(iv) If any of these values for stack height, stack diameter, and
distance to nearest property boundary do not match the exact values in
the look-up table, you must use the next lowest table value.
(v) Adjusted HCl-equivalent emission rate limit for multiple on-site
combustors. (A) If you have more than one hazardous waste combustor on
site, the sum across all hazardous waste combustors of the ratio of the
adjusted HCl-equivalent emission rate limit to the HCl-equivalent
emission rate limit provided by Tables 1 or 2 cannot exceed 1.0,
according to the following equation:
[[Page 83]]
[GRAPHIC] [TIFF OMITTED] TR12OC05.003
Where:
i = number of on-site hazardous waste combustors;
HCl-Equivalent Emission Rate Limit Adjustedi means the
apportioned, allowable HCl-equivalent emission rate limit for combustor
i, and
HCl-Equivalent Emission Rate Limit Tablei means the HCl-
equivalent emission rate limit from Table 1 or 2 to Sec. 63.1215 for
combustor i.
(B) The adjusted HCl-equivalent emission rate limit becomes the HCl-
equivalent emission rate limit.
(4) Site-specific compliance demonstration. (i) You may use any
scientifically-accepted peer-reviewed risk assessment methodology for
your site-specific compliance demonstration to calculate an annual
average HCl-equivalent emission rate limit for each on-site hazardous
waste combustor. An example of one approach for performing the
demonstration for air toxics can be found in the EPA's ``Air Toxics Risk
Assessment Reference Library, Volume 2, Site-Specific Risk Assessment
Technical Resource Document,'' which may be obtained through the EPA's
Air Toxics Web site at http://www.epa.gov/ttn/fera/risk--atra--
main.html.
(ii) The annual average HCl-equivalent emission rate limit is the
HCl-equivalent emission rate that ensures that the Hazard Index
associated with maximum annual average exposures is not greater than 1.0
rounded to the nearest tenths decimal place (0.1).
(iii) To determine the annual average HCl-equivalent emission rate
limit, your site-specific compliance demonstration must, at a minimum:
(A) Estimate long-term inhalation exposures through the estimation
of annual or multi-year average ambient concentrations;
(B) Estimate the inhalation exposure for the actual individual most
exposed to the facility's emissions from hazardous waste combustors,
considering off-site locations where people reside and where people
congregate for work, school, or recreation;
(C) Use site-specific, quality-assured data wherever possible;
(D) Use health-protective default assumptions wherever site-specific
data are not available, and:
(E) Contain adequate documentation of the data and methods used for
the assessment so that it is transparent and can be reproduced by an
experienced risk assessor and emissions measurement expert.
(iv) Your site-specific compliance demonstration need not:
(A) Assume any attenuation of exposure concentrations due to the
penetration of outdoor pollutants into indoor exposure areas;
(B) Assume any reaction or deposition of the emitted pollutants
during transport from the emission point to the point of exposure.
(d) Assurance that the 1-hour HCl-equivalent emission rate limit
will not be exceeded. To ensure that the 1-hour HCl-equivalent emission
rate limit will not be exceeded when complying with the annual average
HCl-equivalent emission rate limit, you must establish a 1-hour average
HCl-equivalent emission rate for each combustor, establish a 1-hour
average HCl-equivalent emission rate limit for each combustor, and
consider site-specific factors including prescribed criteria to
determine if the 1-hour average HCl-equivalent emission rate limit may
be exceeded absent an hourly rolling average limit on the feedrate of
total chlorine and chloride. If the 1-hour average HCl-equivalent
emission rate limit may be exceeded, you must establish an hourly
rolling average feedrate limit on total chlorine as provided by
paragraph (f)(3) of this section.
(1) 1-hour average HCl-equivalent emission rate. You must calculate
the 1-hour average HCl-equivalent emission rate from the total chlorine
emission concentration you select for each source as prescribed in
paragraph (b)(6)(ii)(C) of this section.
(2) 1-hour average HCl-equivalent emission rate limit. You must
establish the
[[Page 84]]
1-hour average HCl-equivalent emission rate limit for each affected
source using either a look-up table analysis or site-specific analysis:
(i) Look-up table analysis. Look-up tables are provided for 1-hour
average HCl-equivalent emission rate limits as Table 3 and Table 4 to
this section. Table 3 provides limits for facilities located in flat
terrain. Table 4 provides limits for facilities located in simple
elevated terrain. You must use the Tables to establish 1-hour average
HCl-equivalent emission rate limits as prescribed in paragraphs
(c)(3)(iii) through (c)(3)(v) of this section for annual average HCl-
equivalent emission rate limits.
(ii) Site-specific analysis. The 1-hour average HCl-equivalent
emission rate limit is the HCl-equivalent emission rate that ensures
that the Hazard Index associated with maximum 1-hour average exposures
is not greater than 1.0 rounded to the nearest tenths decimal place
(0.1). You must follow the risk assessment procedures under paragraph
(c)(4) of this section to estimate short-term inhalation exposures
through the estimation of maximum 1-hour average ambient concentrations.
(3) Criteria for determining whether the 1-hour HCl-equivalent
emission rate may be exceeded absent an hourly rolling average limit on
the feedrate of total chlorine and chloride. An hourly rolling average
feedrate limit on total chlorine and chloride is waived if you determine
considering the criteria listed below that the long-term feedrate limit
(and averaging period) established under paragraph (c)(4)(i) of this
section will also ensure that the 1-hour average HCl-equivalent emission
rate will not exceed the 1-hour average HCl-equivalent emission rate
limit you calculate for each combustor.
(i) The ratio of the 1-hour average HCl-equivalent emission rate
based on the total chlorine emission rate you select for each hazardous
waste combustor to the 1-hour average HCl-equivalent emission rate limit
for the combustor; and
(ii) The potential for the source to vary total chlorine and
chloride feedrates substantially over the averaging period for the
feedrate limit established under paragraph (c)(4)(i) of this section.
(e) Review and approval of eligibility demonstrations--(1) Content
of the eligibility demonstration--(i) General. The eligibility
demonstration must include the following information, at a minimum:
(A) Identification of each hazardous waste combustor combustion gas
emission point (e.g., generally, the flue gas stack);
(B) The maximum and average capacity at which each combustor will
operate, and the maximum rated capacity for each combustor, using the
metric of stack gas volume (under both actual and standard conditions)
emitted per unit of time, as well as any other metric that is
appropriate for the combustor (e.g., million Btu/hr heat input for
boilers; tons of dry raw material feed/hour for cement kilns);
(C) Stack parameters for each combustor, including, but not limited
to stack height, stack diameter, stack gas temperature, and stack gas
exit velocity;
(D) Plot plan showing all stack emission points, nearby residences
and property boundary line;
(E) Identification of any stack gas control devices used to reduce
emissions from each combustor;
(F) Identification of the RfC values used to calculate annual
average HCl-equivalent emission rates and the aREL values used to
calculate 1-hour average HCl-equivalent emission rates;
(G) Calculations used to determine the annual average and 1-hour
average HCl-equivalent emission rates and rate limits, including
calculation of the Cl2/HCl ratios as prescribed by paragraph
(b)(6) of this section;
(ii) Additional content to implement the annual average HCl-
equivalent emission rate limit. You must include the following in your
eligibility demonstration to implement the annual average HCl-equivalent
emission rate limit:
(A) For incinerators, cement kilns, and lightweight aggregate kilns,
calculations to confirm that the annual average HCl-equivalent emission
rate that you calculate from the total chlorine emission rate you select
for each combustor does not exceed the limits
[[Page 85]]
provided by paragraph (b)(7) of this section;
(B) Comparison of the annual average HCl-equivalent emission rate
limit for each combustor to the annual average HCl-equivalent emission
rate for the total chlorine emission rate you select for each combustor;
(C) The annual average HCl-equivalent emission rate limit for each
hazardous waste combustor, and the limits on operating parameters
required under paragraph (g)(1) of this section;
(D) Determination of the long-term chlorine feedrate limit,
including the total chlorine system removal efficiency for sources that
establish an (up to) annual rolling average feedrate limit under
paragraph (g)(2)(ii) of this section;
(iii) Additional content to implement the 1-hour average HCl-
equivalent emission rate limit. You must include the following in your
eligibility demonstration to implement the 1-hour average HCl-equivalent
emission rate limit:
(A) Determination of whether the combustor may exceed the 1-hour
HCl-equivalent emission rate limit absent an hourly rolling average
chlorine feedrate limit, including:
(1) Determination of the 1-hour average HCl-equivalent emission rate
from the total chlorine emission rate you select for the combustor;
(2) Determination of the 1-hour average HCl-equivalent emission rate
limit using either look-up Tables 3 and 4 to this section or site-
specific risk analysis;
(3) Determination of the ratio of the 1-hour average HCl-equivalent
emission rate to the 1-hour average HCl-equivalent emission rate limit
for the combustor; and
(4) The potential for the source to vary total chlorine and chloride
feedrates substantially over the averaging period for the long-term
feedrate limit established under paragraphs (g)(2)(i) and (g)(2)(ii) of
this section; and
(B) Determination of the hourly rolling average chlorine feedrate
limit, including the total chlorine system removal efficiency.
(iv) Additional content of a look-up table demonstration. If you use
the look-up table analysis to establish HCl-equivalent emission rate
limits, your eligibility demonstration must also contain, at a minimum,
the following:
(A) Documentation that the facility is located in either flat or
simple elevated terrain; and
(B) For facilities with more than one on-site hazardous waste
combustor, documentation that the sum of the ratios for all such
combustors of the HCl-equivalent emission rate to the HCl-equivalent
emission rate limit does not exceed 1.0.
(v) Additional content of a site-specific compliance demonstration.
If you use a site-specific compliance demonstration, your eligibility
demonstration must also contain, at a minimum, the following information
to support your determination of the annual average HCl-equivalent
emission rate limit for each combustor:
(A) Identification of the risk assessment methodology used;
(B) Documentation of the fate and transport model used;
(C) Documentation of the fate and transport model inputs, including
the stack parameters listed in paragraph (d)(1)(i)(C) of this section
converted to the dimensions required for the model;
(D) As applicable:
(1) Meteorological data;
(2) Building, land use, and terrain data;
(3) Receptor locations and population data, including areas where
people congregate for work, school, or recreation; and
(4) Other facility-specific parameters input into the model;
(E) Documentation of the fate and transport model outputs; and
(F) Documentation of any exposure assessment and risk
characterization calculations.
(2) Review and approval--(i) Existing sources. (A) If you operate an
existing source, you must submit the eligibility demonstration to your
permitting authority for review and approval not later than 12 months
prior to the compliance date. You must also submit a separate copy of
the eligibility demonstration to: U.S. EPA, Risk and Exposure Assessment
Group, Emission Standards Division (C404-01), Attn: Group Leader,
Research Triangle Park,
[[Page 86]]
North Carolina 27711, electronic mail address REAG@epa.gov.
(B) Your permitting authority should notify you of approval or
intent to disapprove your eligibility demonstration within 6 months
after receipt of the original demonstration, and within 3 months after
receipt of any supplemental information that you submit. A notice of
intent to disapprove your eligibility demonstration, whether before or
after the compliance date, will identify incomplete or inaccurate
information or noncompliance with prescribed procedures and specify how
much time you will have to submit additional information or to achieve
the MACT standards for total chlorine under Sec. Sec. 63.1216, 63.1217,
63.1219, 63.1220, and 63.1221. If your eligibility demonstration is
disapproved, the permitting authority may extend the compliance date of
the total chlorine standards up to one year to allow you to make changes
to the design or operation of the combustor or related systems as
quickly as practicable to enable you to achieve compliance with the MACT
total chlorine standards.
(C) If your permitting authority has not approved your eligibility
demonstration by the compliance date, and has not issued a notice of
intent to disapprove your demonstration, you may begin complying, on the
compliance date, with the HCl-equivalent emission rate limits you
present in your eligibility demonstration provided that you have made a
good faith effort to provide complete and accurate information and to
respond to any requests for additional information in a timely manner.
If the permitting authority believes that you have not made a good faith
effort to provide complete and accurate information or to respond to any
requests for additional information, however, the authority may notify
you in writing by the compliance date that you have not met the
conditions for complying with the health-based compliance alternative
without prior approval. Such notice will explain the basis for
concluding that you have not made a good faith effort to comply with the
health-based compliance alternative by the compliance date.
(D) If your permitting authority issues a notice of intent to
disapprove your eligibility demonstration after the compliance date, the
authority will identify the basis for that notice and specify how much
time you will have to submit additional information or to comply with
the MACT standards for total chlorine under Sec. Sec. 63.1216, 63.1217,
63.1219, 63.1220, and 63.1221. The permitting authority may extend the
compliance date of the total chlorine standards up to one-year to allow
you to make changes to the design or operation of the combustor or
related systems as quickly as practicable to enable you to achieve
compliance with the MACT standards for total chlorine.
(ii) New or reconstructed sources--(A) General. The procedures for
review and approval of eligibility demonstrations applicable to existing
sources under paragraph (e)(2)(i) of this section also apply to new or
reconstructed sources, except that the date you must submit the
eligibility demonstration is as prescribed in this paragraph (e)(2)(ii).
(B) If you operate a new or reconstructed source that starts up
before April 12, 2007, or a solid fuel boiler or liquid fuel boiler that
is an area source that increases its emissions or its potential to emit
such that it becomes a major source of HAP before April 12, 2007, you
must either:
(1) Comply with the final total chlorine emission standards under
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221, by October
12, 2005, or upon startup, whichever is later, except for a standard
that is more stringent than the standard proposed on April 20, 2004 for
your source. If a final standard is more stringent than the proposed
standard, you may comply with the proposed standard until October 14,
2008, after which you must comply with the final standard; or
(2) Submit an eligibility demonstration for review and approval
under this section by April 12, 2006, and comply with the HCl-equivalent
emission rate limits and operating requirements you establish in the
eligibility demonstration.
(C) If you operate a new or reconstructed source that starts up on
or after April 12, 2007, or a solid fuel boiler or liquid fuel boiler
that is an area
[[Page 87]]
source that increases its emissions or its potential to emit such that
it becomes a major source of HAP on or after April 12, 2007, you must
either:
(1) Comply with the final total chlorine emission standards under
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221 upon startup.
If the final standard is more stringent than the standard proposed for
your source on April 20, 2004, however, and if you start operations
before October 14, 2008, you may comply with the proposed standard until
October 14, 2008, after which you must comply with the final standard;
or
(2) Submit an eligibility demonstration for review and approval
under this section 12 months prior to startup.
(3) The operating requirements in the eligibility demonstration are
applicable requirements for purposes of parts 70 and 71 of this chapter
and will be incorporated in the title V permit.
(f) Testing requirements--(1) General. You must comply with the
requirements for comprehensive performance testing under Sec. 63.1207.
(2) System removal efficiency. (i) You must calculate the total
chlorine removal efficiency of the combustor during each run of the
comprehensive performance test.
(ii) You must calculate the average system removal efficiency as the
average of the test run averages.
(iii) If your source does not control emissions of total chlorine,
you must assume zero system removal efficiency.
(3) Annual average HCl-equivalent emission rate limit. If emissions
during the comprehensive performance test exceed the annual average HCl-
equivalent emission rate limit, eligibility for emission limits under
this section is not affected. This emission rate limit is an annual
average limit even though compliance is based on a 12-hour or (up to) an
annual rolling average feedrate limit on total chlorine and chloride
because the feedrate limit is also used for compliance assurance for the
semivolatile metal emission standard
(4) 1-hour average HCl-equivalent emission rate limit. Total
chlorine emissions during each run of the comprehensive performance test
cannot exceed the 1-hour average HCl-equivalent emission rate limit.
(5) Test methods. (i) If you operate a cement kiln or a combustor
equipped with a dry acid gas scrubber, you must use EPA Method 320/321
or ASTM D 6735-01, or an equivalent method, to measure hydrogen
chloride, and the back-half (caustic impingers) of Method 26/26A, or an
equivalent method, to measure chlorine gas.
(ii) Bromine and sulfur considerations. If you operate an
incinerator, boiler, or lightweight aggregate kiln and your feedstreams
contain bromine or sulfur during the comprehensive performance test at
levels specified under paragraph (e)(2)(ii)(B) of this section, you must
use EPA Method 320/321 or ASTM D 6735-01, or an equivalent method, to
measure hydrogen chloride, and Method 26/26A, or an equivalent method,
to measure chlorine and hydrogen chloride, and determine your chlorine
emissions as follows:
(A) You must determine your chlorine emissions to be the higher of
the value measured by Method 26/26A as provided in appendix A-8, part 60
of this chapter, or an equivalent method, or the value calculated by the
difference between the combined hydrogen chloride and chlorine levels
measured by Method 26/26A as provided in appendix A-8, part 60 of this
chapter, or an equivalent method, and the hydrogen chloride measurement
from EPA Method 320/321 as provided in appendix A, part 63 of this
chapter, or ASTM D 6735-01 as described under Sec. 63.1208(b)(5)(i)(C),
or an equivalent method.
(B) The procedures under paragraph (f)(2)(ii) of this section for
determining hydrogen chloride and chlorine emissions apply if you feed
bromine or sulfur during the performance test at the levels specified in
this paragraph (f)(5)(ii)(B):
(1) If the bromine/chlorine ratio in feedstreams is greater than 5
percent by mass; or
(2) If the sulfur/chlorine ratio in feedstreams is greater than 50
percent by mass.
(g) Monitoring requirements--(1) General. You must establish and
comply with limits on the same operating parameters that apply to
sources complying with the MACT standard for total chlorine under Sec.
63.1209(o), except
[[Page 88]]
that feedrate limits on total chlorine and chloride must be established
according to paragraphs (g)(2) and (g)(3) of this section:
(2) Feedrate limit to ensure compliance with the annual average HCl-
equivalent emission rate limit. (i) For sources subject to the feedrate
limit for total chlorine and chloride under Sec. 63.1209(n)(4) to
ensure compliance with the semivolatile metals standard:
(A) The feedrate limit (and averaging period) for total chlorine and
chloride to ensure compliance with the annual average HCl-equivalent
emission rate limit is the same as required by Sec. 63.1209(n)(4),
except as provided by paragraph (g)(2)(i)(B) of this section.
(B) The numerical value of the total chlorine and chloride feedrate
limit (i.e., not considering the averaging period) you establish under
Sec. 63.1209(n)(4) must not exceed the value you calculate as the
annual average HCl-equivalent emission rate limit (lb/hr) divided by [1
- system removal efficiency], where the system removal efficiency is
calculated as prescribed by paragraph (f)(2) of this section.
(ii) For sources exempt from the feedrate limit for total chlorine
and chloride under Sec. 63.1209(n)(4) because they comply with Sec.
63.1207(m)(2), the feedrate limit for total chlorine and chloride to
ensure compliance with the annual average HCl-equivalent emission rate
must be established as follows:
(A) You must establish an average period for the feedrate limit that
does not exceed an annual rolling average;
(B) The numerical value of the total chlorine and chloride feedrate
limit (i.e., not considering the averaging period) must not exceed the
value you calculate as the annual average HCl-equivalent emission rate
limit (lb/hr) divided by [1 - system removal efficiency], where the
system removal efficiency is calculated as prescribed by paragraph
(f)(2) of this section.
(C) You must calculate the initial rolling average as though you had
selected a 12-hour rolling average, as provided by paragraph (b)(5)(i)
of this section. You must calculate rolling averages thereafter as the
average of the available one-minute values until enough one-minute
values are available to calculate the rolling average period you select.
At that time and thereafter, you update the rolling average feedrate
each hour with a 60-minute average feedrate.
(3) Feedrate limit to ensure compliance with the 1-hour average HCl-
equivalent emission rate limit. (i) You must establish an hourly rolling
average feedrate limit on total chlorine and chloride to ensure
compliance with the 1-hour average HCl-equivalent emission rate limit
unless you determine that the hourly rolling average feedrate limit is
waived under paragraph (d) of this section.
(ii) You must calculate the hourly rolling average feedrate limit
for total chlorine and chloride as the 1-hour average HCl-equivalent
emission rate limit (lb/hr) divided by [1 - system removal efficiency],
where the system removal efficiency is calculated as prescribed by
paragraph (f)(2)(ii) of this section.
(h) Changes--(1) Changes over which you have control--(i) Changes
that would affect the HCl-equivalent emission rate limit. (A) If you
plan to change the design, operation, or maintenance of the facility in
a manner than would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, you must submit to the permitting
authority prior to the change a revised eligibility demonstration
documenting the lower emission rate limits and calculations of reduced
total chlorine and chloride feedrate limits.
(B) If you plan to change the design, operation, or maintenance of
the facility in a manner than would increase the annual average or 1-
hour average HCl-equivalent emission rate limit, and you elect to
increase your total chlorine and chloride feedrate limits. You must also
submit to the permitting authority prior to the change a revised
eligibility demonstration documenting the increased emission rate limits
and calculations of the increased feedrate limits prior to the change.
(ii) Changes that could affect system removal efficiency. (A) If you
plan to change the design, operation, or maintenance of the combustor in
a manner than could decrease the system removal efficiency, you are
subject to the requirements of Sec. 63.1206(b)(5) for
[[Page 89]]
conducting a performance test to reestablish the combustor's system
removal efficiency and you must submit a revised eligibility
demonstration documenting the lower system removal efficiency and the
reduced feedrate limits on total chlorine and chloride.
(B) If you plan to change the design, operation, or maintenance of
the combustor in a manner than could increase the system removal
efficiency, and you elect to document the increased system removal
efficiency to establish higher feedrate limits on total chlorine and
chloride, you are subject to the requirements of Sec. 63.1206(b)(5) for
conducting a performance test to reestablish the combustor's system
removal efficiency. You must also submit to the permitting authority a
revised eligibility demonstration documenting the higher system removal
efficiency and the increased feedrate limits on total chlorine and
chloride.
(2) Changes over which you do not have control that may decrease the
HCl-equivalent emission rate limits. These requirements apply if you use
a site-specific risk assessment under paragraph (c)(4) of this section
to demonstrate eligibility for the health-based limits.
(i) Proactive review. You must submit for review and approval with
each comprehensive performance test plan either a certification that the
information used in your eligibility demonstration has not changed in a
manner that would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, or a revised eligibility demonstration.
(ii) Reactive review. If in the interim between your comprehensive
performance tests you have reason to know of changes that would decrease
the annual average or 1-hour average HCl-equivalent emission rate limit,
you must submit a revised eligibility demonstration as soon as
practicable but not more frequently than annually.
(iii) Compliance schedule. If you determine that you cannot
demonstrate compliance with a lower annual average HCl-equivalent
emission rate limit during the comprehensive performance test because
you need additional time to complete changes to the design or operation
of the source, you may request that the permitting authority grant you
additional time to make those changes as quickly as practicable.
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[70 FR 59565, Oct. 12, 2005, as amended at 73 FR 18982, Apr. 8, 2008; 73
FR 64097, Oct. 28, 2008]
Emissions Standards and Operating Limits for Solid Fuel Boilers, Liquid
Fuel Boilers, and Hydrochloric Acid Production Furnaces
Sec. 63.1216 What are the standards for solid fuel boilers that burn
hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (a)(5) of this
section;
(2) Mercury in excess of 11 [micro]gm/dscm corrected to 7 percent
oxygen;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2, emissions in excess of 180 [micro]gm/dscm,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium combined, except for an
area source as defined under Sec. 63.2, emissions in excess of 380
[micro]gm/dscm, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
[[Page 94]]
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine combined, except for an area
source as defined under Sec. 63.2, emissions in excess of 440 parts per
million by volume, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen; and
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 68 mg/dscm corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (b)(5) of this
section;
(2) Mercury in excess of 11 [micro]gm/dscm corrected to 7 percent
oxygen;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2, emissions in excess of 180 [micro]gm/dscm,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium combined, except for an
area source as defined under Sec. 63.2, emissions in excess of 190
[micro]gm/dscm, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine combined, except for an area
source as defined under Sec. 63.2, emissions in excess of 73 parts per
million by volume, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen; and
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 34 mg/dscm corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous constituent
(POHC) designated under paragraph (c)(3) of this section. You must
calculate DRE for each POHC from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
[[Page 95]]
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) Alternative to the particulate matter standard--(1) General. In
lieu of complying with the particulate matter standards of this section,
you may elect to comply with the following alternative metal emission
control requirement:
(2) Alternative metal emission control requirements for existing
solid fuel boilers. (i) You must not discharge or cause combustion gases
to be emitted into the atmosphere that contain cadmium, lead, and
selenium in excess of 180 [micro]gm/dscm, combined emissions, corrected
to 7 percent oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 380 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(3) Alternative metal emission control requirements for new solid
fuel boilers. (i) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 180 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 190 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and selenium,
combined, and low volatile metal feedrate limits apply to arsenic,
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
(f) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for arsenic, beryllium, and chromium, the standards for
hydrogen chloride and chlorine, and the standards for particulate matter
under this section if they elect under Sec. 266.100(b)(3) of this
chapter to comply with those standards in lieu of the standards under 40
CFR 266.105, 266.106, and 266.107 to control those pollutants.
[70 FR 59565, Oct. 12, 2005]
Sec. 63.1217 What are the standards for liquid fuel boilers that
burn hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected
to 7 percent oxygen, for liquid fuel boilers
[[Page 96]]
equipped with a dry air pollution control system; or
(ii) Either carbon monoxide or hydrocarbon emissions in excess of
the limits provided by paragraph (a)(5) of this section for sources not
equipped with a dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be a
dry air pollution control system, and a source equipped with a dry air
pollution control system followed by a wet air pollution control system
is considered to be a dry air pollution control system for purposes of
this emission limit;
(2) For mercury, except as provided for in paragraph (a)(2)(iii) of
this section:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 19 [micro]gm/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value
10,000 Btu/lb or greater, emissions in excess of 4.2 x 10-5
lbs mercury attributable to the hazardous waste per million Btu heat
input from the hazardous waste on an (not-to-exceed) annual averaging
period;
(iii) The boiler operated by Diversified Scientific Services, Inc.
with EPA identification number TND982109142, and which burns radioactive
waste mixed with hazardous waste, must comply with the mercury emission
standard under Sec. 63.1219(a)(2);
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2,
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 150 [micro]gm/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 8.2 x 10-5
lbs combined cadmium and lead emissions attributable to the hazardous
waste per million Btu heat input from the hazardous waste on an (not-to-
exceed) annual averaging period;
(4) For chromium, except for an area source as defined under Sec.
63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 370 [micro]gm/dscm,
corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 1.3 x 10-4
lbs chromium emissions attributable to the hazardous waste per million
Btu heat input from the hazardous waste;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine, except for an area source as
defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by
volume, combined emissions, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 5.1 x 10-2
lbs combined emissions of
[[Page 97]]
hydrogen chloride and chlorine gas attributable to the hazardous waste
per million Btu heat input from the hazardous waste;
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 80 mg/dscm corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air
pollution control system; or
(ii) Either carbon monoxide or hydrocarbon emissions in excess of
the limits provided by paragraph (b)(5) of this section for sources not
equipped with a dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be a
dry air pollution control system, and a source equipped with a dry air
pollution control system followed by a wet air pollution control system
is considered to be a dry air pollution control system for purposes of
this emission limit;
(2) For mercury:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 6.8 [micro]gm/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 1.2 x 10-6
lbs mercury emissions attributable to the hazardous waste per million
Btu heat input from the hazardous waste on an (not-to-exceed) annual
averaging period;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 78 [micro]gm/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value
greater than or equal to 10,000 Btu/lb, emissions in excess of 6.2 x
10-6 lbs combined cadmium and lead emissions attributable to
the hazardous waste per million Btu heat input from the hazardous waste
on an (not-to-exceed) annual averaging period;
(4) For chromium, except for an area source as defined under Sec.
63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 12 [micro]gm/dscm,
corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 1.4 x 10-5
lbs chromium emissions attributable to the hazardous waste per million
Btu heat input from the hazardous waste;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine, except for an area source as
defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by
volume, combined emissions, expressed as a chloride (Cl(-))
[[Page 98]]
equivalent, dry basis and corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value of
10,000 Btu/lb or greater, emissions in excess of 5.1 x-2 lbs
combined emissions of hydrogen chloride and chlorine gas attributable to
the hazardous waste per million Btu heat input from the hazardous waste;
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 20 mg/dscm corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous constituent
(POHC) designated under paragraph (c)(3) of this section. You must
calculate DRE for each POHC from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) Alternative to the particulate matter standard--(1) General. In
lieu of complying with the particulate matter standards of this section,
you may elect to comply with the following alternative metal emission
control requirement:
(2) Alternative metal emission control requirements for existing
liquid fuel boilers. (i) When you burn hazardous waste with a heating
value less than 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain cadmium, lead, and selenium, combined,
in excess of 150 [micro]gm/dscm, corrected to 7 percent oxygen; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel, combined, in excess of 370 [micro]gm/
dscm, corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with a heating value of 10,000
Btu/lb or greater:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain in excess of 8.2 x 10-5 lbs
combined emissions of cadmium, lead, and selenium attributable to the
hazardous waste per million Btu heat input from the hazardous waste; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain either in
[[Page 99]]
excess of 1.3 x 10-4 lbs combined emissions of antimony,
arsenic, beryllium, chromium, cobalt, manganese, and nickel attributable
to the hazardous waste per million Btu heat input from the hazardous
waste;
(3) Alternative metal emission control requirements for new liquid
fuel boilers. (i) When you burn hazardous waste with a heating value
less than 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain cadmium, lead, and selenium, combined,
in excess of 78 [micro]gm/dscm, corrected to 7 percent oxygen; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel, combined, in excess of 12 [micro]gm/dscm,
corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with a heating value greater than
or equal to 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain in excess of 6.2 x 10-6 lbs
combined emissions of cadmium, lead, and selenium attributable to the
hazardous waste per million Btu heat input from the hazardous waste; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain either in excess of 1.4 x
10-5 lbs combined emissions of antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel attributable to the hazardous
waste per million Btu heat input from the hazardous waste;
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and selenium,
combined, and low volatile metal feedrate limits apply to arsenic,
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
(f) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for chromium, the standards for hydrogen chloride and
chlorine, and the standards for particulate matter under this section if
they elect under Sec. 266.100(b)(3) of this chapter to comply with
those standards in lieu of the standards under 40 CFR 266.105, 266.106,
and 266.107 to control those pollutants.
[70 FR 59567, Oct. 12, 2005, as amended at 73 FR 18983, Apr. 8, 2008]
Sec. 63.1218 What are the standards for hydrochloric acid production
furnaces that burn hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (a)(5) of this
section;
(2) For mercury, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (a)(6) of this section;
(3) For lead and cadmium, except for an area source as defined under
Sec. 63.2, hydrogen chloride and chlorine gas emissions in excess of
the levels provided by paragraph (a)(6) of this section;
(4) For arsenic, beryllium, and chromium, except for an area source
as defined under Sec. 63.2, hydrogen chloride and chlorine gas
emissions in excess of the levels provided by paragraph (a)(6) of this
section;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously
[[Page 100]]
with a continuous emissions monitoring system), dry basis, corrected to
7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine gas, either:
(i) Emission in excess of 150 parts per million by volume, combined
emissions, expressed as a chloride (Cl(-) equivalent, dry
basis and corrected to 7 percent oxygen; or
(ii) Emissions greater than the levels that would be emitted if the
source is achieving a system removal efficiency (SRE) of less than
99.923 percent for total chlorine and chloride fed to the combustor. You
must calculate SRE from the following equation:
SRE = [1 - (Cl out / Cl in)] x 100%
Where:
Cl in = mass feedrate of total chlorine or chloride in all feedstreams,
reported as chloride; and
Cl out = mass emission rate of hydrogen chloride and chlorine gas,
reported as chloride, in exhaust emissions prior to release to the
atmosphere.
(7) For particulate matter, except for an area source as defined
under Sec. 63.2, hydrogen chloride and chlorine gas emissions in excess
of the levels provided by paragraph (a)(6) of this section.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (b)(5) of this
section;
(2) For mercury, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (b)(6) of this section;
(3) For lead and cadmium, except for an area source as defined under
Sec. 63.2, hydrogen chloride and chlorine gas emissions in excess of
the levels provided by paragraph (b)(6) of this section;
(4) For arsenic, beryllium, and chromium, except for an area source
as defined under Sec. 63.2, hydrogen chloride and chlorine gas
emissions in excess of the levels provided by paragraph (b)(6) of this
section;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine gas, either:
(i) Emission in excess of 25 parts per million by volume, combined
emissions, expressed as a chloride (Cl(-) equivalent, dry
basis and corrected to 7 percent oxygen; or
(ii) Emissions greater than the levels that would be emitted if the
source is achieving a system removal efficiency (SRE) of less than
99.987 percent for total chlorine and chloride fed to the combustor. You
must calculate SRE from the following equation:
SRE = [1 - (Cl out / Cl in)] x 100%
Where:
Cl in = mass feedrate of total chlorine or chloride in all feedstreams,
reported as chloride; and
Cl out = mass emission rate of hydrogen chloride and chlorine gas,
reported as chloride, in exhaust emissions prior to release to the
atmosphere.
[[Page 101]]
(7) For particulate matter, except for an area source as defined
under Sec. 63.2, hydrogen chloride and chlorine gas emissions in excess
of the levels provided by paragraph (b)(6) of this section.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous constituent
(POHC) designated under paragraph (c)(3) of this section. You must
calculate DRE for each POHC from the following equation:
DRE = [1 - (W out / W in)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust emissions
prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for arsenic, beryllium, and chromium, the standards for
hydrogen chloride and chlorine, and the standards for particulate matter
under this section if they elect under Sec. 266.100(b)(3) of this
chapter to comply with those standards in lieu of the standards under 40
CFR 266.105, 266.106, and 266.107 to control those pollutants.
[70 FR 59569, Oct. 12, 2005]
Replacement Emissions Standards and Operating Limits for Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
Sec. 63.1219 What are the replacement standards for hazardous
waste incinerators?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) For incinerators equipped with either a waste heat boiler or dry
air pollution control system, either:
(A) Emissions in excess of 0.20 ng TEQ/dscm, corrected to 7 percent
oxygen; or
(B) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent
oxygen, provided that the combustion gas temperature at the inlet to the
initial particulate matter control device is 400 [deg]F or lower based
on the average of the test run average temperatures. (For purposes of
compliance, operation of a wet particulate matter control device is
presumed to meet the 400 [deg]F or lower requirement);
(ii) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent
oxygen, for incinerators not equipped with
[[Page 102]]
either a waste heat boiler or dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be a
dry air pollution control system, and a source equipped with a dry air
pollution control system followed by a wet air pollution control system
is considered to be a dry air pollution control system for purposes of
this standard;
(2) Mercury in excess of 130 [micro]gm/dscm, corrected to 7 percent
oxygen;
(3) Cadmium and lead in excess of 230 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 92 [micro]gm/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (a)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrogen chloride and chlorine gas (total chlorine) in excess of
32 parts per million by volume, combined emissions, expressed as a
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen; and
(7) Except as provided by paragraph (e) of this section, particulate
matter in excess of 0.013 gr/dscf corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or cause
combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.11 ng TEQ/dscm corrected to
7 percent oxygen for incinerators equipped with either a waste heat
boiler or dry air pollution control system; or
(ii) Dioxins and furans in excess of 0.20 ng TEQ/dscm corrected to 7
percent oxygen for sources not equipped with either a waste heat boiler
or dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be a
dry air pollution control system, and a source equipped with a dry air
pollution control system followed by a wet air pollution control system
is considered to be a dry air pollution control system for purposes of
this standard;
(2) Mercury in excess of 8.1 [micro]gm/dscm, corrected to 7 percent
oxygen;
(3) Cadmium and lead in excess of 10 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 23 [micro]gm/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(ii) of this
section, you must also document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
[[Page 103]]
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 21 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) Except as provided by paragraph (e) of this section, particulate
matter emissions in excess of 0.0016 gr/dscf corrected to 7 percent
oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituent (POHC). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(e) Alternative to the particulate matter standard--(1) General. In
lieu of complying with the particulate matter standards of this section,
you may elect to comply with the following alternative metal emission
control requirement:
(2) Alternative metal emission control requirements for existing
incinerators. (i) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 230 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 92 [micro]gm/dscm, combined
emissions, corrected to 7 percent oxygen.
(3) Alternative metal emission control requirements for new
incinerators. (i) You must not discharge or cause combustion gases to be
emitted into the atmosphere that contain cadmium, lead, and selenium in
excess of 10 [micro]gm/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium, chromium,
cobalt, manganese, and nickel in excess of 23
[[Page 104]]
[micro]gm/dscm, combined emissions, corrected to 7 percent oxygen.
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and selenium,
combined, and low volatile metal feedrate limits apply to arsenic,
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
[70 FR 59570, Oct. 12, 2005, as amended at 73 FR 64097, Oct. 28, 2008]
Sec. 63.1220 What are the replacement standards for hazardous waste
burning cement kilns?
(a) Emission and hazardous waste feed limits for existing sources.
You must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) For mercury, both:
(i) An average as-fired concentration of mercury in all hazardous
waste feedstreams in excess of 3.0 parts per million by weight; and
(ii) Either:
(A) Emissions in excess of 120 [micro]g/dscm, corrected to 7 percent
oxygen, or
(B) A hazardous waste feed maximum theoretical emission
concentration (MTEC) in excess of 120 [micro]g/dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 7.6 x 10-4 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 330 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) Emissions in excess of 2.1 x 10-5 lbs combined
emissions of arsenic, beryllium, and chromium attributable to the
hazardous waste per million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 56 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, either:
(A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling
system in excess of 100 parts per million by volume, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis and corrected to 7 percent oxygen. If you
elect to comply with this carbon monoxide standard rather than the
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you
must also document that, during the destruction and removal efficiency
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(B) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane;
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, either:
(A) Hydrocarbons in the main stack in excess of 20 parts per million
by volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(B) Carbon monoxide in the main stack in excess of 100 parts per
million by volume, over an hourly rolling average (monitored
continuously with a
[[Page 105]]
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(a)(5)(ii)(A) of this section, you also must document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons in the main stack do
not exceed 20 parts per million by volume during those runs, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane.
(6) Hydrogen chloride and chlorine gas in excess of 120 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis, corrected to 7 percent oxygen;
and
(7) For particulate matter, both:
(i) Emissions in excess of 0.028 gr/dscf corrected to 7 percent
oxygen; and
(ii) Opacity greater than 20 percent, unless your source is equipped
with a bag leak detection system under Sec. 63.1206(c)(8) or a
particulate matter detection system under Sec. 63.1206(c)(9).
(b) Emission and hazardous waste feed limits for new sources. You
must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) For mercury, both:
(i) An average as-fired concentration of mercury in all hazardous
waste feedstreams in excess of 1.9 parts per million by weight; and
(ii) Either:
(A) Emissions in excess of 120 [micro]g/dscm, corrected to 7 percent
oxygen, or
(B) A hazardous waste feed maximum theoretical emission
concentration (MTEC) in excess of 120 [micro]g/dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 6.2 x 10-5 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 180 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) Emissions in excess of 1.5 x 10-5 lbs combined
emissions of arsenic, beryllium, and chromium attributable to the
hazardous waste per million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 54 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, carbon monoxide and
hydrocarbons emissions are limited in both the bypass duct or midkiln
gas sampling system and the main stack as follows:
(A) Emissions in the by-pass or midkiln gas sampling system are
limited to either:
(1) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis and corrected to 7 percent
oxygen. If you elect to comply with this carbon monoxide standard rather
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this
section, you also must document that, during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume
during those runs, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(2) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane; and
[[Page 106]]
(B) Hydrocarbons in the main stack are limited, if construction of
the kiln commenced after April 19, 1996 at a plant site where a cement
kiln (whether burning hazardous waste or not) did not previously exist,
to 50 parts per million by volume, over a 30-day block average
(monitored continuously with a continuous monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane.
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, hydrocarbons and carbon monoxide are limited in the
main stack to either:
(A) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane; or
(B)(1) Carbon monoxide not exceeding 100 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen; and
(2) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane at any time during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7); and
(3) If construction of the kiln commenced after April 19, 1996 at a
plant site where a cement kiln (whether burning hazardous waste or not)
did not previously exist, hydrocarbons are limited to 50 parts per
million by volume, over a 30-day block average (monitored continuously
with a continuous monitoring system), dry basis, corrected to 7 percent
oxygen, and reported as propane.
(6) Hydrogen chloride and chlorine gas in excess of 86 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) For particulate matter, both:
(i) Emissions in excess of 0.0069 gr/dscf corrected to 7 percent
oxygen; and
(ii) Opacity greater than 20 percent, unless your source is equipped
with a bag leak detection system under Sec. 63.1206(c)(8) or a
particulate matter detection system under Sec. 63.1206(c)(9).
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You
must use the equation in paragraph (c)(1) of this section to calculate
DRE for each POHC. In addition, you must notify the Administrator of
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026,
or F027.
(3) Principal organic hazardous constituent (POHC). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on
[[Page 107]]
their concentration or mass in the hazardous waste feed, considering the
results of hazardous waste analyses or other data and information.
(d) Cement kilns with in-line kiln raw mills--(1) General. (i) You
must conduct performance testing when the raw mill is on-line and when
the mill is off-line to demonstrate compliance with the emission
standards, and you must establish separate operating parameter limits
under Sec. 63.1209 for each mode of operation, except as provided by
paragraphs (d)(1)(iv) and (d)(1)(v) of this section.
(ii) You must document in the operating record each time you change
from one mode of operation to the alternate mode and begin complying
with the operating parameter limits for that alternate mode of
operation.
(iii) You must calculate rolling averages for operating parameter
limits as provided by Sec. 63.1209(q)(2).
(iv) If your in-line kiln raw mill has dual stacks, you may assume
that the dioxin/furan emission levels in the by-pass stack and the
operating parameter limits determined during performance testing of the
by-pass stack when the raw mill is off-line are the same as when the
mill is on-line.
(v) In lieu of conducting a performance test to demonstrate
compliance with the dioxin/furan emission standards for the mode of
operation when the raw mill is on-line, you may specify in the
performance test workplan and Notification of Compliance the same
operating parameter limits required under Sec. 63.1209(k) for the mode
of operation when the raw mill is on-line as you establish during
performance testing for the mode of operation when the raw mill is off-
line.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrogen chloride/chlorine
gas emission standards on a time-weighted average basis under the
following procedures:
(i) Averaging methodology. You must calculate the time-weighted
average emission concentration with the following equation:
Ctotal = {Cmill-off x (Tmill-off /
(Tmill-off + Tmill-on)){time} +
{Cmill-on x (Tmill-on / (Tmill-off
+ Tmill-on)){time}
Where:
Ctotal = time-weighted average concentration of a regulated
constituent considering both raw mill on time and off time;
Cmill-off = average performance test concentration of
regulated constituent with the raw mill off-line;
Cmill-on = average performance test concentration of
regulated constituent with the raw mill on-line;
Tmill-off = time when kiln gases are not routed through the
raw mill; and
Tmill-on = time when kiln gases are routed through the raw
mill.
(ii) Compliance. (A) If you use this emission averaging provision,
you must document in the operating record compliance with the emission
standards on an annual basis by using the equation provided by paragraph
(d)(2) of this section.
(B) Compliance is based on one-year block averages beginning on the
day you submit the initial notification of compliance.
(iii) Notification. (A) If you elect to document compliance with one
or more emission standards using this emission averaging provision, you
must notify the Administrator in the initial comprehensive performance
test plan submitted under Sec. 63.1207(e).
(B) You must include historical raw mill operation data in the
performance test plan to estimate future raw mill down-time and document
in the performance test plan that estimated emissions and estimated raw
mill down-time will not result in an exceedance of an emission standard
on an annual basis.
(C) You must document in the notification of compliance submitted
under Sec. 63.1207(j) that an emission standard will not be exceeded
based on the documented emissions from the performance test and
predicted raw mill down-time.
(e) Preheater or preheater/precalciner kilns with dual stacks--(1)
General. You must conduct performance testing on each stack to
demonstrate compliance with the emission standards, and you must
establish operating parameter limits under Sec. 63.1209 for each stack,
except as provided by paragraph (d)(1)(iv) of this section for dioxin/
furan emissions testing and operating parameter limits for the by-pass
stack of in-line raw mills.
[[Page 108]]
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrogen chloride/chlorine
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
(i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:
Ctot = {Cmain x (Qmain /
(Qmain + Qbypass)){time} +
{Cbypass x (Qbypass / (Qmain +
Qbypass)){time}
Where:
Ctot = gas flowrate-weighted average concentration of the
regulated constituent;
Cmain = average performance test concentration demonstrated
in the main stack;
Cbypass = average performance test concentration demonstrated
in the bypass stack;
Qmain = volumetric flowrate of main stack effluent gas; and
Qbypass = volumetric flowrate of bypass effluent gas.
(ii) Compliance. (A) You must demonstrate compliance with the
emission standard(s) using the emission concentrations determined from
the performance tests and the equation provided by paragraph (e)(1) of
this section; and
(B) You must develop operating parameter limits for bypass stack and
main stack flowrates that ensure the emission concentrations calculated
with the equation in paragraph (e)(1) of this section do not exceed the
emission standards on a 12-hour rolling average basis. You must include
these flowrate limits in the Notification of Compliance.
(iii) Notification. If you elect to document compliance under this
emissions averaging provision, you must:
(A) Notify the Administrator in the initial comprehensive
performance test plan submitted under Sec. 63.1207(e). The performance
test plan must include, at a minimum, information describing the
flowrate limits established under paragraph (e)(2)(ii)(B) of this
section; and
(B) Document in the Notification of Compliance submitted under Sec.
63.1207(j) the demonstrated gas flowrate-weighted average emissions that
you calculate with the equation provided by paragraph (e)(2) of this
section.
(f) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
(g) [Reserved]
(h) When you comply with the particulate matter requirements of
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New
Source Performance Standard for particulate matter and opacity under
Sec. 60.60 of this chapter.
[70 FR 59571, Oct. 12, 2005, as amended at 71 FR 62394, Oct. 25, 2006;
73 FR 18983, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008]
Sec. 63.1221 What are the replacement standards for hazardous waste
burning lightweight aggregate kilns?
(a) Emission and hazardous waste feed limits for existing sources.
You must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery system
that immediately follows the last combustion chamber) to 400 [deg]F or
lower based on the average of the test run average temperatures. You
must also notify in writing the RCRA authority that you are complying
with this option;
(2) For mercury, either:
(i) Emissions in excess of 120 [micro]gm/dscm, corrected to 7
percent oxygen; or
(ii) A hazardous waste feedrate corresponding to a maximum
theoretical emission concentration (MTEC) in excess of 120 [micro]gm/
dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 3.0 x 10-4 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 250 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
[[Page 109]]
(i) In excess of 9.5 x 10-5 lbs combined emissions of
arsenic, beryllium, and chromium attributable to the hazardous waste per
million Btu heat input from the hazardous waste;
(ii) Emissions in excess of 110 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply with
this carbon monoxide standard rather than the hydrocarbon standard under
paragraph (a)(5)(ii) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 20 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) Particulate matter emissions in excess of 0.025 gr/dscf,
corrected to 7 percent oxygen.
(b) Emission and hazardous waste feed limits for new sources. You
must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery system
that immediately follows the last combustion chamber) to 400 [deg]F or
lower based on the average of the test run average temperatures. You
must also notify in writing the RCRA authority that you are complying
with this option;
(2) For mercury, either:
(i) Emissions in excess of 120 [micro]gm/dscm, corrected to 7
percent oxygen; or
(ii) A hazardous waste feedrate corresponding to a maximum
theoretical emission concentration (MTEC) in excess of 120 [micro]gm/
dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 3.7 x 10-5 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 43 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) In excess of 3.3 x 10-\5\ lbs combined emissions of
arsenic, beryllium, and chromium attributable to the hazardous waste per
million Btu heat input from the hazardous waste;
(ii) Emissions in excess of 110 [micro]gm/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply with
this carbon monoxide standard rather than the hydrocarbon standard under
paragraph (b)(5)(ii) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 20 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen, and
reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed
[[Page 110]]
as a chloride (Cl(-)) equivalent, dry basis and corrected to
7 percent oxygen; and
(7) Particulate matter emissions in excess of 0.0098 gr/dscf
corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principal organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)] x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE) of
99.9999% for each POHC that you designate under paragraph (c)(3) of this
section. You must demonstrate this DRE performance on POHCs that are
more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-
dioxins and dibenzofurans. You must use the equation in paragraph (c)(1)
of this section to calculate DRE for each POHC. In addition, you must
notify the Administrator of your intent to burn hazardous wastes F020,
F021, F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of difficulty
of incineration of the organic constituents in the hazardous waste and
on their concentration or mass in the hazardous waste feed, considering
the results of hazardous waste analyses or other data and information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least three
significant figures, you may round the resultant emission levels to two
significant figures to document compliance.
[70 FR 59574, Oct. 12, 2005]
Sec. Table 1 to Subpart EEE of Part 63--General Provisions Applicable to
Subpart EEE
----------------------------------------------------------------------------------------------------------------
Reference Applies to subpart EEE Explanation
----------------------------------------------------------------------------------------------------------------
63.1................................... Yes.
63.2................................... Yes.
63.3................................... Yes.
63.4................................... Yes....................................
63.5................................... Yes.
63.6(a), (b), (c), (d), and (e)........ Yes.
63.6(f)................................ Yes.................................... Except that the performance
test requirements of Sec.
63.1207 apply instead of Sec.
63.6(f)(2)(iii)(B).
63.6(g) and (h)........................ Yes.
63.6(i)................................ Yes.................................... Section 63.1213 specifies that
the compliance date may also
be extended for inability to
install necessary emission
control equipment by the
compliance date because of
implementation of pollution
prevention or waste
minimization controls.
63.6(j)................................ Yes.
63.7(a)................................ Yes.................................... Except Sec. 63.1207(e)(3)
allows you to petition the
Administrator under Sec.
63.7(h) to provide an
extension of time to conduct
a performance test.
63.7(b)................................ Yes.................................... Except Sec. 63.1207(e)
requires you to submit the
site-specific test plan for
approval at least one year
before the comprehensive
performance test is scheduled
to begin.
[[Page 111]]
63.7(c)................................ Yes.................................... Except Sec. 63.1207(e)
requires you to submit the
site-specific test plan
(including the quality
assurance provisions under
Sec. 63.7(c)) for approval
at least one year before the
comprehensive performance
test is scheduled to begin.
63.7(d)................................ Yes.
63.7(e)................................ Yes.................................... Except Sec. 63.1207
prescribes operations during
performance testing and Sec.
63.1209 specifies operating
limits that will be
established during
performance testing (such
that testing is likely to be
representative of the extreme
range of normal performance).
63.7(f)................................ Yes.
63.7(g)................................ Yes.................................... Except Sec. 63.1207(j)
requiring that you submit the
results of the performance
test (and the notification of
compliance) within 90 days of
completing the test, unless
the Administrator grants a
time extension, applies
instead of Sec. 63.7(g)(1).
63.7(h)................................ Yes.................................... Except Sec. 63.1207(c)(2)
allows data in lieu of the
initial comprehensive
performance test, and Sec.
63.1207(m) provides a waiver
of certain performance tests.
You must submit requests for
these waivers with the site-
specific test plan.
63.8(a) and (b)........................ Yes.
63.8(c)................................ Yes.................................... Except: (1) Sec. 63.1211(c)
that requires you to install,
calibrate, and operate CMS by
the compliance date applies
instead of Sec. 63.8(c)(3);
and (2) the performance
specifications for CO, HC,
and O2 CEMS in subpart B, of
this chapter requiring that
the detectors measure the
sample concentration at least
once every 15 seconds for
calculating an average
emission level once every 60
seconds apply instead of Sec.
63.8(c)(4)(ii).
63.8(d)................................ Yes.
63.8(e)................................ Yes.................................... Except Sec. 63.1207(e)
requiring you to submit the
site-specific comprehensive
performance test plan and the
CMS performance evaluation
test plan for approval at
least one year prior to the
planned test date applies
instead of Sec. Sec.
63.8(e)(2) and (3)(iii).
63.8(f) and (g)........................ Yes.
63.9(a)................................ Yes.
63.9(b)................................ Yes.................................... Note: Section 63.9(b)(1)(ii)
pertains to notification
requirements for area sources
that become a major source,
and Sec. 63.9(b)(2)(v)
requires a major source
determination. Although area
sources are subject to all
provisions of this subpart
(Subpart EEE), these sections
nonetheless apply because the
major source determination
may affect the applicability
of part 63 standards or title
V permit requirements to
other sources (i.e., other
than a hazardous waste
combustor) of hazardous air
pollutants at the facility.
63.9(c) and (d)........................ Yes.
63.9(e)................................ Yes.................................... Except Sec. 63.1207(e) which
requires you to submit the
comprehensive performance
test plan for approval one
year prior to the planned
performance test date applies
instead of Sec. 63.9(e).
63.9(f)................................ Yes.................................... Section 63.9(f) applies if you
are allowed under Sec.
63.1209(a)(1)(v) to use
visible determination of
opacity for compliance in
lieu of a COMS.
63.9(g)................................ Yes.................................... Except Sec. 63.9(g)(2)
pertaining to COMS does not
apply.
63.9(h)................................ Yes.................................... Except Sec. 63.1207(j)
requiring you to submit the
notification of compliance
within 90 days of completing
a performance test unless the
Administrator grants a time
extension applies instead of
Sec. 63.9(h)(2)(iii). Note:
Even though area sources are
subject to this subpart, the
major source determination
required by Sec.
63.9(h)(2)(i)(E) is
applicable to hazardous waste
combustors for the reasons
discussed above.
63.9(i) and (j)........................ Yes.
63.10.................................. Yes.................................... Except reports of performance
test results required under
Sec. 63.10(d)(2) may be
submitted up to 90 days after
completion of the test.
63.11.................................. No.
63.12-63.15............................ Yes.
----------------------------------------------------------------------------------------------------------------
[[Page 112]]
[67 FR 6994, Feb. 14, 2002]
Sec. Appendix to Subpart EEE of Part 63--Quality Assurance Procedures
for Continuous Emissions Monitors Used for Hazardous Waste Combustors
1. Applicability and Principle
1.1 Applicability. These quality assurance requirements are used to
evaluate the effectiveness of quality control (QC) and quality assurance
(QA) procedures and the quality of data produced by continuous emission
monitoring systems (CEMS) that are used for determining compliance with
the emission standards on a continuous basis as specified in the
applicable regulation. The QA procedures specified by these requirements
represent the minimum requirements necessary for the control and
assessment of the quality of CEMS data used to demonstrate compliance
with the emission standards provided under this subpart EEE of part 63.
Owners and operators must meet these minimum requirements and are
encouraged to develop and implement a more extensive QA program. These
requirements supersede those found in part 60, Appendix F, of this
chapter. Appendix F does not apply to hazardous waste-burning devices.
1.2 Principle. The QA procedures consist of two distinct and equally
important functions. One function is the assessment of the quality of
the CEMS data by estimating accuracy. The other function is the control
and improvement of the quality of the CEMS data by implementing QC
policies and corrective actions. These two functions form a control
loop. When the assessment function indicates that the data quality is
inadequate, the source must immediately stop burning hazardous waste.
The CEM data control effort must be increased until the data quality is
acceptable before hazardous waste burning can resume.
a. In order to provide uniformity in the assessment and reporting of
data quality, this procedure explicitly specifies the assessment methods
for response drift and accuracy. The methods are based on procedures
included in the applicable performance specifications provided in
appendix B to part 60 of this chapter. These procedures also require the
analysis of the EPA audit samples concurrent with certain reference
method (RM) analyses as specified in the applicable RM's.
b. Because the control and corrective action function encompasses a
variety of policies, specifications, standards, and corrective measures,
this procedure treats QC requirements in general terms to allow each
source owner or operator to develop a QC system that is most effective
and efficient for the circumstances.
2. Definitions
2.1 Continuous Emission Monitoring System (CEMS). The total
equipment required for the determination of a pollutant concentration.
The system consists of the following major subsystems:
2.1.1 Sample Interface. That portion of the CEMS used for one or
more of the following: sample acquisition, sample transport, and sample
conditioning, or protection of the monitor from the effects of the stack
effluent.
2.1.2 Pollutant Analyzer. That portion of the CEMS that senses the
pollutant concentration and generates a proportional output.
2.1.3 Diluent Analyzer. That portion of the CEMS that senses the
diluent gas (O2) and generates an output proportional to the gas
concentration.
2.1.4 Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may provide
automatic data reduction and CEMS control capabilities.
2.2 Relative Accuracy (RA). The absolute mean difference between the
pollutant concentration determined by the CEMS and the value determined
by the reference method (RM) plus the 2.5 percent error confidence
coefficient of a series of test divided by the mean of the RM tests or
the applicable emission limit.
2.3 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period of
operation during which no unscheduled maintenance, repair, or adjustment
took place.
2.4 Zero Drift (ZD). The difference in CEMS output readings at the
zero pollutant level after a stated period of operation during which no
unscheduled maintenance, repair, or adjustment took place.
2.5 Calibration Standard. Calibration standards produce a known and
unchanging response when presented to the pollutant analyzer portion of
the CEMS, and are used to calibrate the drift or response of the
analyzer.
2.6 Relative Accuracy Test Audit (RATA). Comparison of CEMS
measurements to reference method measurements in order to evaluate
relative accuracy following procedures and specification given in the
appropriate performance specification.
2.7 Absolute Calibration Audit (ACA). Equivalent to calibration
error (CE) test defined in the appropriate performance specification
using NIST traceable calibration standards to challenge the CEMS and
assess accuracy.
[[Page 113]]
2.8 Rolling Average. The average emissions, based on some
(specified) time period, calculated every minute from a one-minute
average of four measurements taken at 15-second intervals.
3. QA/QC Requirements
3.1 QC Requirements. a. Each owner or operator must develop and
implement a QC program. At a minimum, each QC program must include
written procedures describing in detail complete, step-by-step
procedures and operations for the following activities.
1. Checks for component failures, leaks, and other abnormal
conditions.
2. Calibration of CEMS.
3. CD determination and adjustment of CEMS.
4. Integration of CEMS with the automatic waste feed cutoff (AWFCO)
system.
5. Preventive Maintenance of CEMS (including spare parts inventory).
6. Data recording, calculations, and reporting.
7. Checks of record keeping.
8. Accuracy audit procedures, including sampling and analysis
methods.
9. Program of corrective action for malfunctioning CEMS.
10. Operator training and certification.
11. Maintaining and ensuring current certification or naming of
cylinder gasses, metal solutions, and particulate samples used for audit
and accuracy tests, daily checks, and calibrations.
b. Whenever excessive inaccuracies occur for two consecutive
quarters, the current written procedures must be revised or the CEMS
modified or replaced to correct the deficiency causing the excessive
inaccuracies. These written procedures must be kept on record and
available for inspection by the enforcement agency.
3.2 QA Requirements. Each source owner or operator must develop and
implement a QA plan that includes, at a minimum, the following.
1. QA responsibilities (including maintaining records, preparing
reports, reviewing reports).
2. Schedules for the daily checks, periodic audits, and preventive
maintenance.
3. Check lists and data sheets.
4. Preventive maintenance procedures.
5. Description of the media, format, and location of all records and
reports.
6. Provisions for a review of the CEMS data at least once a year.
Based on the results of the review, the owner or operator must revise or
update the QA plan, if necessary.
4. CD and ZD Assessment and Daily System Audit
4.1 CD and ZD Requirement. Owners and operators must check, record,
and quantify the ZD and the CD at least once daily (approximately 24
hours) in accordance with the method prescribed by the manufacturer. The
CEMS calibration must, at a minimum, be adjusted whenever the daily ZD
or CD exceeds the limits in the Performance Specifications. If, on any
given ZD and/or CD check the ZD and/or CD exceed(s) two times the limits
in the Performance Specifications, or if the cumulative adjustment to
the ZD and/or CD (see Section 4.2) exceed(s) three times the limits in
the Performance Specifications, hazardous waste burning must immediately
cease and the CEMS must be serviced and recalibrated. Hazardous waste
burning cannot resume until the owner or operator documents that the
CEMS is in compliance with the Performance Specifications by carrying
out an ACA.
4.2 Recording Requirements for Automatic ZD and CD Adjusting
Monitors. Monitors that automatically adjust the data to the corrected
calibration values must record the unadjusted concentration measurement
prior to resetting the calibration, if performed, or record the amount
of the adjustment.
4.3 Daily System Audit. The audit must include a review of the
calibration check data, an inspection of the recording system, an
inspection of the control panel warning lights, and an inspection of the
sample transport and interface system (e.g., flowmeters, filters, etc.)
as appropriate.
4.4 Data Recording and Reporting. All measurements from the CEMS
must be retained in the operating record for at least 5 years.
5. Performance Evaluation for CO, O2, and HC CEMS
Carbon Monoxide (CO), Oxygen (O2), and Hydrocarbon (HC)
CEMS. An Absolute Calibration Audit (ACA) must be conducted quarterly,
and a Relative Accuracy Test Audit (RATA) (if applicable, see sections
5.1 and 5.2) must be conducted yearly. An Interference Response Tests
must be performed whenever an ACA or a RATA is conducted. When a
performance test is also required under Sec. 63.1207 to document
compliance with emission standards, the RATA must coincide with the
performance test. The audits must be conducted as follows.
5.1 Relative Accuracy Test Audit (RATA). This requirement applies to
O2 and CO CEMS. The RATA must be conducted at least yearly.
Conduct the RATA as described in the RA test procedure (or alternate
procedures section) described in the applicable Performance
Specifications. In addition, analyze the appropriate performance audit
samples received from the EPA as described in the applicable sampling
methods.
5.2 Absolute Calibration Audit (ACA). The ACA must be conducted at
least quarterly except in a quarter when a RATA (if applicable, see
section 5.1) is conducted instead.
[[Page 114]]
Conduct an ACA as described in the calibration error (CE) test procedure
described in the applicable Performance Specifications.
5.3 Interference Response Test. The interference response test must
be conducted whenever an ACA or RATA is conducted. Conduct an
interference response test as described in the applicable Performance
Specifications.
5.4 Excessive Audit Inaccuracy. If the RA from the RATA or the CE
from the ACA exceeds the criteria in the applicable Performance
Specifications, hazardous waste burning must cease immediately.
Hazardous waste burning cannot resume until the owner or operator takes
corrective measures and audit the CEMS with a RATA to document that the
CEMS is operating within the specifications.
6. Other Requirements
6.1 Performance Specifications. CEMS used by owners and operators of
HWCs must comply with the following performance specifications in
appendix B to part 60 of this chapter:
Table I: Performance Specifications for CEMS
------------------------------------------------------------------------
Performance
CEMS specification
------------------------------------------------------------------------
Carbon monoxide.......................................... 4B
Oxygen................................................... 4B
Total hydrocarbons....................................... 8A
------------------------------------------------------------------------
6.2 Downtime due to Calibration. Facilities may continue to burn
hazardous waste for a maximum of 20 minutes while calibrating the CEMS.
If all CEMS are calibrated at once, the facility must have twenty
minutes to calibrate all the CEMS. If CEMS are calibrated individually,
the facility must have twenty minutes to calibrate each CEMS. If the
CEMS are calibrated individually, other CEMS must be operational while
the individual CEMS is being calibrated.
6.3 Span of the CEMS.
6.3.1 CO CEMS. The CO CEM must have two ranges, a low range with a
span of 200 ppmv and a high range with a span of 3000 ppmv at an oxygen
correction factor of 1. A one-range CEM may be used, but it must meet
the performance specifications for the low range in the specified span
of the low range.
6.3.2 O2 CEMS. The O2 CEM must have a span of
25 percent. The span may be higher than 25 percent if the O2
concentration at the sampling point is greater than 25 percent.
6.3.3 HC CEMS. The HC CEM must have a span of 100 ppmv, expressed as
propane, at an oxygen correction factor of 1.
6.3.4 CEMS Span Values. When the Oxygen Correction Factor is Greater
than 2. When an owner or operator installs a CEMS at a location of high
ambient air dilution, i.e., where the maximum oxygen correction factor
as determined by the permitting agency is greater than 2, the owner or
operator must install a CEM with a lower span(s), proportionate to the
larger oxygen correction factor, than those specified above.
6.3.5 Use of Alternative Spans. Owner or operators may request
approval to use alternative spans and ranges to those specified.
Alternate spans must be approved in writing in advance by the
Administrator. In considering approval of alternative spans and ranges,
the Administrator will consider that measurements beyond the span will
be recorded as values at the maximum span for purposes of calculating
rolling averages.
6.3.6 Documentation of Span Values. The span value must be
documented by the CEMS manufacturer with laboratory data.
6.4.1 Moisture Correction. Method 4 of appendix A, part 60 of this
chapter, must be used to determine moisture content of the stack gasses.
6.4.2 Oxygen Correction Factor. Measured pollutant levels must be
corrected for the amount of oxygen in the stack according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.022
Where:
Pc = concentration of the pollutant or standard corrected to
7 percent oxygen, dry basis;
Pm = measured concentration of the pollutant, dry basis;
E = volume fraction of oxygen in the combustion air fed into the device,
on a dry basis (normally 21 percent or 0.21 if only air is fed);
Y = measured fraction of oxygen on a dry basis at the sampling point.
The oxygen correction factor is:
[GRAPHIC] [TIFF OMITTED] TR30SE99.023
6.4.3 Temperature Correction. Correction values for temperature are
obtainable from standard reference materials.
6.5 Rolling Average. A rolling average is the arithmetic average of
all one-minute averages over the averaging period.
6.5.1 One-Minute Average for CO and HHC CEMS. One-minute averages
are the arithmetic average of the four most recent 15-second
observations and must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JY00.004
Where:
[[Page 115]]
c = the one minute average
ci = a fifteen-second observation from the CEM
Fifteen second observations must not be rounded or smoothed.
Fifteen-second observations may be disregarded only as a result of a
failure in the CEMS and allowed in the source's quality assurance plan
at the time of the CEMS failure. One-minute averages must not be
rounded, smoothed, or disregarded.
6.5.2 Ten Minute Rolling Average Equation. The ten minute rolling
average must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.025
Where:
CRA = The concentration of the standard, expressed as a
rolling average
ci = a one minute average
6.5.3 Hourly Rolling Average Equation for CO and THC CEMS and
Operating Parameter Limits. The rolling average, based on a specific
number integer of hours, must be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.026
Where:
cRA = The concentration of the standard, expressed as a
rolling average
ci = a one minute average
6.5.4 Averaging Periods for CEMS other than CO and THC. The
averaging period for CEMS other than CO and THC CEMS must be calculated
as a rolling average of all one-hour values over the averaging period.
An hourly average is comprised of 4 measurements taken at equally spaced
time intervals, or at most every 15 minutes. Fewer than 4 measurements
might be available within an hour for reasons such as facility downtime
or CEMS calibration. If at least two measurements (30 minutes of data)
are available, an hourly average must be calculated. The n-hour rolling
average is calculated by averaging the n most recent hourly averages.
6.6 Units of the Standards for the Purposes of Recording and
Reporting Emissions. Emissions must be recorded and reported expressed
after correcting for oxygen, temperature, and moisture. Emissions must
be reported in metric, but may also be reported in the English system of
units, at 7 percent oxygen, 20 [deg]C, and on a dry basis.
6.7 Rounding and Significant Figures. Emissions must be rounded to
two significant figures using ASTM procedure E-29-90 or its successor.
Rounding must be avoided prior to rounding for the reported value.
7. Bibliography
1. 40 CFR part 60, appendix F, ``Quality Assurance Procedures:
Procedure 1. Quality Assurance Requirements for Gas continuous Emission
Monitoring Systems Used For Compliance Determination''.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42301, July 10, 2000]
Subpart FFF [Reserved]
Subpart GGG_National Emission Standards for Pharmaceuticals Production
Source: 63 FR 50326, Sept. 21, 1998, unless otherwise noted.
Sec. 63.1250 Applicability.
(a) Definition of affected source. (1) The affected source subject
to this subpart consists of the pharmaceutical manufacturing operations
as defined in Sec. 63.1251. Except as specified in paragraph (d) of
this section, the provisions of this subpart apply to pharmaceutical
manufacturing operations that meet the criteria specified in paragraphs
(a)(1) (i) through (iii) of this section:
(i) Manufacture a pharmaceutical product as defined in Sec.
63.1251;
(ii) Are located at a plant site that is a major source as defined
in section 112(a) of the Act; and
(iii) Process, use, or produce HAP.
(2) Determination of the applicability of this subpart shall be
reported as part of an operating permit application or as otherwise
specified by the permitting authority.
(b) New source applicability. A new affected source subject to this
subpart and to which the requirements for new sources apply is: An
affected source for which construction or reconstruction commenced after
April 2, 1997, and the standard was applicable at the time of
construction or reconstruction; or a pharmaceutical manufacturing
process unit (PMPU) dedicated to manufacturing a single product that has
the potential to emit 10 tons per year of any
[[Page 116]]
one HAP or 25 tons per year of combined HAP for which construction
commenced after April 2, 1997 or reconstruction commenced after October
21, 1999.
(c) General provisions. Table 1 of this subpart specifies and
clarifies the provisions of subpart A of this part that apply to an
owner or operator of an affected source subject to this subpart. The
provisions of subpart A specified in Table 1 are the only provisions of
subpart A that apply to an affected source subject to this subpart.
(d) Processes exempted from the affected source. The provisions of
this subpart do not apply to research and development facilities.
(e) Storage tank ownership determination. The owner or operator
shall follow the procedures specified in paragraphs (e)(1) through (5)
of this section to determine to which PMPU a storage tank shall belong.
If an owner or operator produces only pharmaceutical products, the
procedures specified in paragraphs (e)(1) through (5) of this section
are required only to determine applicability and demonstrate compliance
with the pollution-prevention alternative specified in Sec. 63.1252(e),
or to determine new source applicability for a PMPU dedicated to
manufacturing a single product as specified in paragraph (b) of this
section.
(1) If a storage tank is dedicated to a single PMPU, the storage
tank shall belong to that PMPU.
(2) If a storage tank is shared among process units (including at
least one PMPU), then the storage tank shall belong to the process unit
located on the same plant site as the storage tank that has the greatest
annual volume input into or output from the storage tank (i.e., said
PMPU or process unit has the predominant use of the storage tank).
(3) If predominant use cannot be determined for a storage tank that
is shared among process units (including at least one PMPU), then the
owner or operator shall assign the storage tank to any one of the PMPU's
that shares it and is also subject to this subpart.
(4) If the predominant use of a storage tank varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding September 21, 1998 for existing
affected sources. For new affected sources, predominant use will be
based on the first year after initial startup. The determination of
predominant use shall be reported in the Notification of Compliance
Status required by Sec. 63.1260(f). If the predominant use changes, the
redetermination of predominant use shall be reported in the next
Periodic report.
(5) If the storage tank begins receiving material from (or sending
material to) another PMPU, or ceases to receive material from (or send
material to) a PMPU, or if the applicability of this subpart to a
storage tank has been determined according to the provisions of
paragraphs (e)(1) through (4) of this section and there is a significant
change in the use of the storage tank that could reasonably change the
predominant use, the owner or operator shall reevaluate the
applicability of this subpart to the storage tank and report such
changes to EPA in the next Periodic report.
(f) Compliance dates. The compliance dates for affected sources are
as follows:
(1) An owner or operator of an existing affected source must comply
with the provisions of this subpart no later than October 21, 2002.
(2) An owner or operator of a new or reconstructed affected source
must comply with the provisions of this subpart on August 29, 2000 or
upon startup, whichever is later.
(3) Notwithstanding the requirements of paragraph (f)(2) of this
section, a new source which commences construction or reconstruction
after April 2, 1997 and before September 21, 1998 shall not be required
to comply with this subpart until September 21, 2001 if:
(i) The requirements of this subpart are more stringent than the
requirements of this subpart in effect before August 29, 2000 and
contained in the 40 CFR, part (63.1200-end), edition revised as of July
1, 2000; and
(ii) The owner or operator complies with the requirements published
on April 2, 1997 (62 FR 15754) during the period until September 21,
2001.
(4) Notwithstanding the requirements of paragraph (f)(2) of this
section, a
[[Page 117]]
new source which commences construction or reconstruction after
September 21, 1998 and before April 10, 2000 shall not be required to
comply with this subpart until October 21, 2002 if:
(i) The requirements of this subpart are more stringent than the
requirements of this subpart in effect before August 29, 2000; and
(ii) The owner or operator complies with the requirements of this
subpart in effect before August 29, 2000 during the period between
startup and October 21, 2002.
(5) Notwithstanding the requirements of paragraph (f)(2) of this
section, a new source which commences construction or reconstruction
after April 10, 2000 and before August 29, 2000 shall not be required to
comply with this subpart until August 29, 2001 if:
(i) The requirements of this subpart are more stringent than the
requirements published on April 10, 2000 (65 FR 19152); and
(ii) The owner or operator complies with the requirements of this
subpart in effect before August 29, 2000 during the period between
startup and August 29, 2001.
(6) Pursuant to section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the existing source up to 1
additional year to comply with section 112(d) standards.
(i) For purposes of this subpart, a request for an extension shall
be submitted no later than 120 days prior to the compliance dates
specified in paragraphs (f) (1) through (5) of this section, except as
provided in paragraph (f)(6)(ii) of this section. The dates specified in
Sec. 63.6(i) for submittal of requests for extensions shall not apply
to sources subject to this subpart.
(ii) An owner or operator may submit a compliance extension request
after the date specified in paragraph (f)(6)(i) of this section provided
the need for the compliance extension arose after that date and before
the otherwise applicable compliance date, and the need arose due to
circumstances beyond reasonable control of the owner or operator. This
request shall include the data described in Sec. 63.6(i)(6)(i) (A),
(B), (C), and (D).
(g) Applicability of this subpart. (1) Each provision set forth in
this subpart shall apply at all times, except that the provisions set
forth in Sec. 63.1255 of this subpart shall not apply during periods of
nonoperation of the PMPU (or specific portion thereof) in which the
lines are drained and depressurized resulting in the cessation of the
emissions to which Sec. 63.1255 of this subpart applies.
(2) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with the emissions
limitations of this subpart during times when emissions (or, where
applicable, wastewater streams or residuals) are being routed to such
items of equipment, if the shutdown would contravene emissions
limitations of this subpart applicable to such items of equipment. This
paragraph does not apply if the owner or operator must shut down the
equipment to avoid damage to a PMPU or portion thereof.
(3) At all times, each owner or operator must operate and maintain
any affected source subject to the requirements of this subpart,
including associated air pollution control equipment and monitoring
equipment, in a manner consistent with safety and good air pollution
control practices for minimizing emissions. The general duty to minimize
emissions does not require the owner or operator to make any further
efforts to reduce emissions if levels required by this standard have
been achieved. Determination of whether such operation and maintenance
procedures are being used will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures, review of
operation and maintenance records, and inspection of the source.
(4) In response to an action to enforce the standards set forth in
this subpart, an owner or operator may assert an affirmative defense to
a claim for civil penalties for exceedances of such standards that are
caused by a malfunction, as defined in Sec. 63.2. Appropriate penalties
may be assessed, however, if owner or operator fails to meet the burden
of proving all the requirements in the affirmative defense. The
[[Page 118]]
affirmative defense shall not be available for claims for injunctive
relief.
(i) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of a facility must timely meet the
notification requirements of paragraph (g)(4)(ii) of this section, and
must prove by a preponderance of evidence that:
(A) The excess emissions were caused by a sudden, infrequent, and
unavoidable failure of air pollution control and monitoring equipment,
or a process to operate in a normal and usual manner; and could not have
been prevented through careful planning, proper design, or better
operation and maintenance practices; and did not stem from any activity
or event that could have been foreseen and avoided, or planned for; and
were not part of a recurring pattern indicative of inadequate design,
operation, or maintenance;
(B) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs;
(C) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions;
(D) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage;
(E) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health;
(F) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices;
(G) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs;
(H) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
(I) The owner or operator has prepared a written root cause
analysis, the purpose of which is to determine, correct, and eliminate
the primary causes of the malfunction and the excess emissions resulting
from the malfunction event at issue. The analysis shall also specify,
using the best monitoring methods and engineering judgment, the amount
of excess emissions that were the result of the malfunction.
(ii) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a malfunction
shall notify the Administrator by telephone or facsimile (FAX)
transmission as soon as possible, but no later than 2 business days
after the initial occurrence of the malfunction, if it wishes to avail
itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(g)(4)(i) of this section. The owner or operator may seek an extension
of this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45 day period.
Until a request for an extension has been approved by the Administrator,
the owner or operator is subject to the requirement to submit such
report within 45 days of the initial occurrence of the exceedance.
(h) Consistency with other regulations--(1) Compliance with other
MACT standards. (i) After the compliance dates specified in this
section, an affected source subject to the provisions of this subpart
that is also subject to the provisions of any other subpart of this part
63 may elect to comply with either the provisions of this subpart or the
provisions of another applicable subpart governing the maintenance of
records and reporting to EPA. The affected source shall identify in the
Notification of Compliance Status report required by Sec. 63.1260(f)
under which authority such records will be maintained.
(ii) After the compliance dates specified in paragraph (f) of this
section, at
[[Page 119]]
an offsite reloading or cleaning facility subject to Sec. 63.1253(f),
compliance with the emission standards and associated initial
compliance, monitoring, recordkeeping, and reporting provisions of any
other subpart of this part 63 constitutes compliance with the provisions
of Sec. 63.1253(f)(7) (ii) or (iii). The owner or operator of the
affected storage tank shall identify in the Notification of Compliance
Status report required by Sec. 63.1260(f) the subpart of this part 63
with which the owner or operator of the offsite reloading or cleaning
facility complies.
(2) Consistency with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (i) After the compliance dates specified in this section, if any
control device subject to this subpart is also subject to monitoring,
recordkeeping, and reporting requirements in 40 CFR part 264, subpart
AA, BB, or CC, or is subject to monitoring and recordkeeping
requirements in 40 CFR part 265, subpart AA, BB, or CC, and the owner or
operator complies with the periodic reporting requirements under 40 CFR
part 264, subpart AA, BB, or CC that would apply to the device if the
facility had final-permitted status, the owner or operator may elect to
comply either with the monitoring, recordkeeping, and reporting
requirements of this subpart, or with the monitoring, recordkeeping, and
reporting requirements in 40 CFR parts 264 and/or 265, as described in
this paragraph, which shall constitute compliance with the monitoring,
recordkeeping, and reporting requirements of this subpart. If the owner
or operator elects to comply with the monitoring, recordkeeping, and
reporting requirements in 40 CFR parts 264 and/or 265, the owner or
operator shall report all information required by Sec. 63.1260(g) and
(i). The owner or operator shall identify in the Notification of
Compliance Status, required by Sec. 63.1260(f), the monitoring,
recordkeeping, and reporting authority under which the owner or operator
will comply.
(ii) After the compliance dates specified in this section, if any
equipment at an affected source that is subject to Sec. 63.1255, is
also subject to 40 CFR part 264, subpart BB, or to 40 CFR part 265,
subpart BB, then compliance with the recordkeeping and reporting
requirements of 40 CFR parts 264 and/or 265 may be used to comply with
the recordkeeping and reporting requirements of Sec. 63.1255, to the
extent that the requirements of 40 CFR parts 264 and/or 265 duplicate
the requirements of Sec. 63.1255. The owner or operator shall identify
in the Notification of Compliance Status, required by Sec. 63.1260(f),
if the owner or operator will comply with the recordkeeping and
reporting authority under 40 CFR parts 264 and/or 265.
(3) Compliance with 40 CFR 60.112(b). After the compliance dates
specified in this section, a storage tank controlled with a floating
roof and in compliance with the provisions of 40 CFR 60.112b, subpart
Kb, constitutes compliance with the provisions of this subpart GGG. A
storage tank with a fixed roof, closed vent system, and control device
in compliance with the provisions of 40 CFR 60.112b, subpart Kb must
comply with the monitoring, recordkeeping, and reporting provisions of
this subpart GGG. The owner or operator shall identify in the
Notification of Compliance Status report required by Sec. 63.1260(f)
which tanks are in compliance with subpart Kb.
(4) Compliance with subpart I of this part. After the compliance
dates specified in this section, an affected source with equipment
subject to subpart I of this part may elect to comply with either the
provisions of Sec. 63.1255 or the provisions of subpart H of this part
for all such equipment. The owner or operator shall identify in the
Notification of Compliance Status report required by Sec. 63.1260(f)
the provisions with which the owner elects to comply.
(5) Compliance with other regulations for wastewater. After the
compliance dates specified in this section, the owner or operator of an
affected wastewater stream that is also subject to provisions in 40 CFR
parts 260 through 272 may elect to determine whether this subpart or 40
CFR parts 260 through 272 contain the more stringent control
requirements (e.g., design, operation, and inspection requirements for
waste management units; numerical treatment standards; etc.) and the
more stringent testing, monitoring, recordkeeping, and reporting.
Compliance with provisions of 40 CFR parts
[[Page 120]]
260 through 272 that are determined to be more stringent than the
requirements of this subpart constitutes compliance with this subpart.
For example, provisions of 40 CFR parts 260 through 272 for treatment
units that meet the conditions specified in Sec. 63.1256(g)(13)
constitute compliance with this subpart. In the Notification of
Compliance Status report required by Sec. 63.1260(f), the owner or
operator shall identify the more stringent provisions of 40 CFR parts
260 through 272 with which the owner or operator will comply. The owner
or operator shall also identify in the Notification of Compliance Status
report required by Sec. 63.1260(f) the information and procedures used
to make any stringency determinations. If the owner or operator does not
elect to determine the more stringent requirements, the owner or
operator must comply with both the provisions of 40 CFR parts 260
through 272 and the provisions of this subpart.
(6) Compliance with subpart PPP of this part. After the compliance
dates specified in this section, an affected source with equipment in a
pharmaceutical manufacturing process unit that is also part of an
affected source under subpart PPP of this part may elect to demonstrate
compliance with Sec. 63.1254 by controlling all process vents in
accordance with Sec. 63.1425 (b), (c)(1), (c)(3), (d), and/or (f).
Alternatively, the owner or operator may elect to determine which
process vents must be controlled to comply with the percent reduction
requirements of Sec. 63.1254 and control only those vents in accordance
with Sec. 63.1425 (b), (c)(1), (c)(3), (d), and/or (f). For any
pharmaceutical manufacturing process unit controlled in accordance with
the requirements of Sec. 63.1425, the owner or operator must also
comply with all other requirements in subpart PPP of this part. In the
Notification of Compliance Status report required by Sec. 63.1260(f),
the owner or operator shall identify which pharmaceutical manufacturing
process units are meeting the control requirements for process vents and
all other requirements of subpart PPP of this part, and the owner or
operator shall describe the calculations and other information used to
identify which process vents must be controlled to comply with the
percent reduction requirements of Sec. 63.1254, if applicable.
(i) For the purposes of establishing whether a person is in
violation of this subpart, nothing in this subpart shall preclude the
use of any credible evidence or information relevant to whether a source
would have been in compliance with applicable requirements.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52596, Aug. 29, 2000;
66 FR 40131, Aug. 2, 2001; 76 FR 22599, Apr. 21, 2011]
Sec. 63.1251 Definitions.
Terms used in this subpart are defined in the Act, in subpart A of
this part, or in this section. If the same term is defined in subpart A
of this part and in this section, it shall have the meaning given in
this section for the purposes of this subpart.
Active ingredient means any material that is intended to furnish
pharmacological activity or other direct effect in the diagnosis, cure,
mitigation, treatment, or prevention of disease, or to affect the
structure or any function of the body of man or other animals. This term
does not include food, food additives (except vitamins and other
materials described by SIC code 2833 or 2834), color additives,
cosmetics, in-vitro diagnostic substances, x-ray film, test indicator
devices, and medical devices such as implants, artificial joints,
surgical bandages, and stitching material.
Actual HAP emissions means the HAP emitted to the atmosphere from
either uncontrolled or controlled emission points.
Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits of
which are independently and objectively evaluated in a judicial or
administrative proceeding.
Air pollution control device or Control device means equipment
installed on a process vent, storage tank, wastewater treatment exhaust
stack, or combination thereof that reduces the mass of HAP emitted to
the air. The equipment may consist of an individual device or a series
of devices. Examples include, but are not limited to, incinerators,
[[Page 121]]
carbon adsorption units, condensers, flares, boilers, process heaters,
and gas absorbers. Process condensers are not considered air pollution
control devices or control devices.
Annual average concentration, as used in the wastewater provisions
in Sec. 63.1256, means the total mass of partially soluble and/or
soluble HAP compounds in a wastewater stream during the calendar year
divided by the total mass of the wastewater stream discharged during the
same calendar year, as determined according to the procedures specified
in Sec. 63.1257(e)(1) (i) and (ii).
Automated monitoring and recording system means any means of
measuring values of monitored parameters and creating a hard copy or
computer record of the measured values that does not require manual
reading of monitoring instruments and manual transcription of data
values. Automated monitoring and recording systems include, but are not
limited to, computerized systems and strip charts.
Batch emission episode means a discrete venting episode that may be
associated with a single unit operation. A unit operation may have more
than one batch emission episode. For example, a displacement of vapor
resulting from the charging of a vessel with HAP will result in a
discrete emission episode that will last through the duration of the
charge and will have an average flowrate equal to the rate of the
charge. If the vessel is then heated, there will also be another
discrete emission episode resulting from the expulsion of expanded
vapor. Both emission episodes may occur in the same vessel or unit
operation. There are possibly other emission episodes that may occur
from the vessel or other process equipment, depending on process
operations.
Batch operation or Batch process means a noncontinuous operation
involving intermittent or discontinuous feed into equipment, and, in
general, involves the emptying of the equipment after the batch
operation ceases and prior to beginning a new operation. Addition of raw
material and withdrawal of product do not occur simultaneously in a
batch operation.
Bench-scale batch process means a batch process (other than a
research and development facility) that is capable of being located on a
laboratory bench top. This bench-scale equipment will typically include
reagent feed vessels, a small reactor and associated product separator,
recovery and holding equipment. These processes are only capable of
producing small quantities of product.
Block means a time period that comprises a single batch.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator. Boiler also means
any industrial furnace as defined in 40 CFR 260.10.
Centralized combustion control device (CCCD) means enclosed
combustion devices that are used to control process vent emissions from
non-dedicated PMPU's at a facility. Centralized combustion control
devices may also be used to control emissions from source types
including, but not limited to, storage tanks, waste management units,
and equipment leaks.
Cleaning operation means routine rinsing, washing, or boil-off of
equipment in batch operations between batches.
Closed biological treatment process means a tank or surface
impoundment where biological treatment occurs and air emissions from the
treatment process are routed to either a control device by means of a
closed-vent system or by means of hard-piping. The tank or surface
impoundment has a fixed roof, as defined in this section, or a floating
flexible membrane cover that meets the requirements specified in Sec.
63.1256(c).
Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented to the atmosphere except through
a closed-vent system.
Closed-purge system means a system or combination of system and
portable containers, to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Closed-vent system means a system that is not open to the atmosphere
and
[[Page 122]]
is composed of piping, ductwork, connections, and, if necessary, flow
inducing devices that transport gas or vapor from an emission point to a
control device.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of HAP vapors.
Combustion device burner means a device designed to mix and ignite
fuel and air to provide a flame to heat and oxidize waste organic vapors
in a combustion device.
Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, ceramic, or ceramic-lined as described in Sec.
63.1255(b)(1)(vii) and Sec. 63.1255(f)(3).
Construction means the onsite fabrication, erection, or installation
of an affected source or a PMPU. Addition of new equipment to a PMPU
subject to existing source standards does not constitute construction,
but it may constitute reconstruction of the affected source or PMPU if
it satisfies the definition of reconstruction in this section.
Consumption means the quantity of all HAP raw materials entering a
process in excess of the theoretical amount used as reactant, assuming
100 percent stoichiometric conversion. The raw materials include
reactants, solvents, and any other additives. If a HAP is generated in
the process as well as added as a raw material, consumption includes the
quantity generated in the process.
Container, as used in the wastewater provisions, means any portable
waste management unit that has a capacity greater than or equal to 0.1
m\3\ in which a material is stored, transported, treated, or otherwise
handled. Examples of containers are drums, barrels, tank trucks, barges,
dumpsters, tank cars, dump trucks, and ships.
Continuous process means a process where the inputs and outputs flow
continuously throughout the duration of the process. Continuous
processes are typically steady state.
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 15-minute or more frequent block average values.
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the wall of the storage tank and the
edge of the floating roof. A continuous seal may be a vapor-mounted,
liquid-mounted, or metallic shoe seal.
Control device, for purposes of this Sec. 63.1255, means any
equipment used for recovering or oxidizing organic hazardous air
pollutant vapors. Such equipment includes, but is not limited to,
absorbers, carbon adsorbers, condensers, flares, boilers, and process
heaters.
Controlled HAP emissions means the quantity of HAP discharged to the
atmosphere from an air pollution control device.
Cover, as used in the wastewater provisions, means a device or
system which is placed on or over a waste management unit containing
wastewater or residuals so that the entire surface area is enclosed to
minimize air emissions. A cover may have openings necessary for
operation, inspection, and maintenance of the waste management unit such
as access hatches, sampling ports, and gauge wells provided that each
opening is closed when not in use. Examples of covers include a fixed
roof installed on a wastewater tank, a lid installed on a container, and
an air-supported enclosure installed over a waste management unit.
Dedicated PMPU means a PMPU that is composed of equipment that is
used to manufacture the same product for a continuous period of 6 months
or greater. The PMPU includes any shared storage tank(s) that are
determined to belong to the PMPU according to the procedures in Sec.
63.1250(e).
Dense gas system means a conveyance system operated to limit oxygen
levels below 12 percent.
Double block and bleed system means two block valves connected in
series
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with a bleed valve or line that can vent the line between the two block
valves.
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Enhanced biological treatment system or enhanced biological
treatment process means an aerated, thoroughly mixed treatment unit(s)
that contains biomass suspended in water followed by a clarifier that
removes biomass from the treated water and recycles recovered biomass to
the aeration unit. The mixed liquor volatile suspended solids (biomass)
is greater than 1 kilogram per cubic meter throughout each aeration
unit. The biomass is suspended and aerated in the water of the aeration
unit(s) by either submerged air flow or mechanical agitation. A
thoroughly mixed treatment unit is a unit that is designed and operated
to approach or achieve uniform biomass distribution and organic compound
concentration throughout the aeration unit by quickly dispersing the
recycled biomass and the wastewater entering the unit.
Equipment, for purposes of Sec. 63.1255, means each pump,
compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, valve, connector, and instrumentation
system in organic hazardous air pollutant service; and any control
devices or closed-vent systems required by this subpart.
Excipient means any substance other than the active drug or product
which has been appropriately evaluated for safety and is included in a
drug delivery system to either aid the processing of the drug delivery
system during its manufacture; protect, support, or enhance stability,
bioavailablity, or patient acceptability; assist in product
identification; or enhance any other attribute of the overall safety and
effectiveness of the drug delivery system during storage or use.
External floating roof means a pontoon-type or double-deck type
cover that rests on the liquid surface in a storage tank or waste
management unit with no fixed roof.
Fill or filling means the introduction of material into a storage
tank or the introduction of a wastewater stream or residual into a waste
management unit, but not necessarily to complete capacity.
First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere.
Fixed roof means a cover that is mounted on a waste management unit
or storage tank in a stationary manner and that does not move with
fluctuations in liquid level.
Floating roof means a cover consisting of a double deck, pontoon
single deck, internal floating cover or covered floating roof, which
rests upon and is supported by the liquid being contained, and is
equipped with a closure seal or seals to close the space between the
roof edge and waste management unit or storage tank wall.
Flow indicator means a device which indicates whether gas flow is,
or whether the valve position would allow gas flow to be, present in a
line.
Formulation means the process of mixing, blending, or diluting one
or more active or inert ingredients with one or more active or inert
ingredients, without an intended chemical reaction, to obtain a
pharmaceutical dosage form. Formulation operations include mixing,
compounding, blending, and tablet coating.
Group of processes means all of the equipment associated with
processes in a building, processing area, or facility-wide. For a
dedicated process, a group of processes may consist of a single process.
Halogen atoms mean atoms of chlorine or fluorine.
Halogenated compounds means organic HAP compounds that contain
halogen atoms.
Halogenated vent stream or Halogenated stream means a process,
storage tank, or waste management unit vent determined to have a
concentration of halogenated compounds of greater than 20 ppmv, as
determined through process knowledge, test results using Method 18 of 40
CFR part 60, appendix A, or test results using any other test method
that has been validated according to
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the procedures in Method 301 of appendix A of this part.
Hard-piping means piping or tubing that is manufactured and properly
installed using good engineering judgment and standards, such as ANSI
B31-3.
Hydrogen halides and halogens means hydrogen chloride (HCl),
chlorine (Cl\2\), and hydrogen fluoride (HF).
In gas/vapor service means that a piece of equipment in organic
hazardous air pollutant service contains a gas or vapor at operating
conditions.
In heavy liquid service means that a piece of equipment in organic
hazardous air pollutant service is not in gas/vapor service or in light
liquid service.
In light liquid service means that a piece of equipment in organic
hazardous air pollutant service contains a liquid that meets the
following conditions:
(1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 [deg]C;
(2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kilopascals at 20
[deg]C is equal to or greater than 20 percent by weight of the total
process stream; and
(3) The fluid is a liquid at operating conditions. (Note: Vapor
pressures may be determined by the methods described in 40 CFR
60.485(e)(1).)
In liquid service means that a piece of equipment in organic
hazardous air pollutant service is not in gas/vapor service.
In organic hazardous air pollutant or in organic HAP service means
that a piece of equipment either contains or contacts a fluid (liquid or
gas) that is at least 5 percent by weight of total organic HAP's as
determined according to the provisions of Sec. 63.180(d). The
provisions of Sec. 63.180(d) also specify how to determine that a piece
of equipment is not in organic HAP service.
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
Individual drain system means the stationary system used to convey
wastewater streams or residuals to a waste management unit. The term
includes hard piping; all process drains and junction boxes; and
associated sewer lines, other junction boxes, manholes, sumps, and lift
stations conveying wastewater streams or residuals. A segregated
stormwater sewer system, which is a drain and collection system designed
and operated for the sole purpose of collecting rainfall-runoff at a
facility, and which is segregated from all other individual drain
systems, is excluded from this definition.
Initial startup means the first time a new or reconstructed source
begins production. Initial startup does not include operation solely for
testing equipment. Initial startup does not include subsequent start ups
(as defined in this section) of processes following malfunctions or
process shutdowns.
Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it) inside
a storage tank or waste management unit that has a permanently affixed
roof.
Instrumentation system means a group of equipment components used to
condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are the
predominant type of equipment used in instrumentation systems; however,
other types of equipment may also be included in these systems. Only
valves nominally 0.5 inches and smaller, and connectors nominally 0.75
inches and smaller in diameter are considered instrumentation systems
for the purposes of this subpart. Valves greater than nominally 0.5
inches and connectors greater than nominally 0.75 inches associated with
instrumentation systems are not considered part of instrumentation
systems and must be monitored individually.
Isolated intermediate means a product of a process. An isolated
intermediate is usually a product of a chemical synthesis, fermentation,
or biological extraction process; several different isolated
intermediates may be produced
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in the manufacture of a finished dosage form of a drug. Precursors,
active ingredients, or finished dosage forms are considered isolated
intermediates. An isolated intermediate is stored before subsequent
processing. Storage occurs at any time the intermediate is placed in
equipment used solely for storage, such as drums, totes, day tanks, and
storage tanks. The storage of an isolated intermediate marks the end of
a process.
Junction box means a manhole or access point to a wastewater sewer
system line or a lift station.
Large control device means a control device that controls total HAP
emissions of greater than or equal to 10 tons/yr, before control.
Liquid-mounted seal means a foam- or liquid-filled seal mounted in
contact with the liquid between the wall of the storage tank or waste
management unit and the floating roof. The seal is mounted continuously
around the tank or unit.
Liquids dripping means any visible leakage from the seal including
dripping, spraying, misting, clouding, and ice formation. Indications of
liquid dripping include puddling or new stains that are indicative of an
existing evaporated drip.
Maintenance wastewater means wastewater generated by the draining of
process fluid from components in the pharmaceutical manufacturing
process unit into an individual drain system in preparation for or
during maintenance activities. Maintenance wastewater can be generated
during planned and unplanned shutdowns and during periods not associated
with a shutdown. Examples of activities that can generate maintenance
wastewater include descaling of heat exchanger tubing bundles, cleaning
of distillation column traps, draining of pumps into an individual drain
system, and draining of portions of the pharmaceutical manufacturing
process unit for repair. Wastewater from cleaning operations is not
considered maintenance wastewater.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, emissions
monitoring equipment, process equipment, or a process to operate in a
normal or usual manner which causes, or has the potential to cause, the
emission limitations in an applicable standard to be exceeded. Failures
that are caused all or in part by poor maintenance or careless operation
are not malfunctions.
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the total organic HAP in the stored or transferred liquid at
the temperature equal to the highest calendar-month average of the
liquid storage or transferred temperature for liquids stored or
transferred above or below the ambient temperature or at the local
maximum monthly average temperature as reported by the National Weather
Service for liquids stored or transferred at the ambient temperature, as
determined:
(1) In accordance with methods described in Chapter 19.2 of the
American Petroleum Institute's Manual of Petroleum Measurement
Standards, Evaporative Loss From Floating-Roof Tanks (incorporated by
reference as specified in Sec. 63.14); or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-97, Test Method for Vapor Pressure-Temperature Relationship
and Initial Decomposition Temperature of Liquids by Isoteniscope
(incorporated by reference as specified in Sec. 63.14); or
(4) Any other method approved by the Administrator.
Metallic shoe seal or mechanical shoe seal means metal sheets that
are held vertically against the wall of the storage tank by springs,
weighted levers, or other mechanisms and connected to the floating roof
by braces or other means. A flexible coated fabric (envelope) spans the
annular space between the metal sheet and the floating roof.
Nondedicated formulation operations means equipment used to
formulate numerous products.
Nondedicated recovery device(s) means a recovery device that
receives material from more than one PMPU.
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a process
shutdown.
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Open biological treatment process means a biological treatment
process that is not a closed biological treatment process as defined in
this section.
Open-ended valve or line means any valve, except pressure relief
valves, having one side of the valve seat in contact with process fluid
and one side open to atmosphere, either directly or through open piping.
Operating scenario for the purposes of reporting and recordkeeping,
means any specific operation of a PMPU and includes for each process:
(1) A description of the process and the type of process equipment
used;
(2) An identification of related process vents and their associated
emissions episodes and durations, wastewater PODs, and storage tanks;
(3) The applicable control requirements of this subpart, including
the level of required control, and for vents, the level of control for
each vent;
(4) The control or treatment devices used, as applicable, including
a description of operating and/or testing conditions for any associated
control device;
(5) The process vents, wastewater PODs, and storage tanks (including
those from other processes) that are simultaneously routed to the
control or treatment device(s);
(6) The applicable monitoring requirements of this subpart and any
parametric level that assures compliance for all emissions routed to the
control or treatment device;
(7) Calculations and engineering analyses required to demonstrate
compliance; and
(8) For reporting purposes, a change to any of these elements not
previously reported, except for paragraph (5) of this definition, shall
constitute a new operating scenario.
Partially soluble HAP means a HAP listed in Table 2 of this subpart.
Pharmaceutical manufacturing operations means the facilitywide
collection of PMPU and any other equipment such as heat exchanger
systems, wastewater and waste management units, or cooling towers that
are not associated with an individual PMPU, but that are located at a
facility for the purpose of manufacturing pharmaceutical products and
are under common control.
Pharmaceutical manufacturing process unit (PMPU) means the process,
as defined in this subpart, and any associated storage tanks, equipment
identified in Sec. 63.1252(f), and components such as pumps,
compressors, agitators, pressure relief devices, sampling connection
systems, open-ended valves or lines, valves, connectors, and
instrumentation systems that are used in the manufacturing of a
pharmaceutical product.
Pharmaceutical product means any of the following materials,
excluding any material that is a nonreactive solvent, excipient, binder,
or filler, or any material that is produced in a chemical manufacturing
process unit that is subject to the requirements of subparts F and G of
this part 63:
(1) Any material described by the standard industrial classification
(SIC) code 2833 or 2834; or
(2) Any material whose manufacturing process is described by North
American Industrial Classification System (NAICS) code 325411 or 325412;
or
(3) A finished dosage form of a drug, for example, a tablet,
capsule, solution, etc.; or
(4) Any active ingredient or precursor that is produced at a
facility whose primary manufacturing operations are described by SIC
code 2833 or 2834; or
(5) At a facility whose primary operations are not described by SIC
code 2833 or 2834, any material whose primary use is as an active
ingredient or precursor.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Point of determination (POD) means the point where a wastewater
stream exits the process, storage tank, or last recovery device. If
soluble and/or partially soluble HAP compounds are not recovered from
water before discharge, the discharge point from the process equipment
or storage tank is a POD. If water streams are routed to a recovery
device, the discharge from the recovery
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device is a POD. There can be more than 1 POD per process or PMPU.
Precursor means a material that is manufactured to undergo further
chemical change or processing to ultimately manufacture an active
ingredient or finished dosage form of a drug. This term does not include
commodity chemicals produced by the synthetic organic chemical
manufacturing industry.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device. This release can be one release or a series of releases
over a short time period due to a malfunction in the process.
Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either by
a pressure of less than or equal to 2.5 psig or by a vacuum are not
pressure relief devices.
Primary use means 50 percent or more of a material is used for a
particular purpose.
Process means all equipment which collectively function to produce a
pharmaceutical product or isolated intermediate (which is also a
pharmaceutical product). A process may consist of one or more unit
operations. For the purposes of this subpart, process includes any, all,
or a combination of reaction, recovery, separation, purification, or
other activity, operation, manufacture, or treatment which are used to
produce a pharmaceutical product or isolated intermediate. Cleaning
operations conducted are considered part of the process. Nondedicated
solvent recovery operations located within a contiguous area within the
affected source are considered single processes. A storage tank that is
used to accumulate used solvent from multiple batches of a single
process for purposes of solvent recovery does not represent the end of
the process. Nondedicated formulation operations occurring within a
contiguous area are considered a single process that is used to
formulate numerous materials and/or products. Quality assurance and
quality control laboratories are not considered part of any process.
Ancillary activities are not considered a process or part of any
process. Ancillary activities include boilers and incinerators (not used
to comply with the provisions of Sec. 63.1253, Sec. 63.1254, or Sec.
63.1256(h)), chillers and refrigeration systems, and other equipment and
activities that are not directly involved (i.e., they operate within a
closed system and materials are not combined with process fluids) in the
processing of raw materials or the manufacturing of a pharmaceutical
product.
Process condenser means a condenser whose primary purpose is to
recover material as an integral part of a process. The condenser must
support a vapor-to-liquid phase change for periods of source equipment
operation that are at or above the boiling or bubble point of
substance(s) at the liquid surface. Examples of process condensers
include distillation condensers, reflux condensers, and condensers used
in stripping or flashing operations. In a series of condensers, all
condensers up to and including the first condenser with an exit gas
temperature below the boiling or bubble point of the substance(s) at the
liquid surface are considered to be process condensers. All condensers
in line prior to a vacuum source are included in this definition.
Process shutdown means a work practice or operational procedure that
stops production from a process or part of a process during which it is
technically feasible to clear process material from a process or part of
a process consistent with safety constraints and during which repairs
can be effected. An unscheduled work practice or operational procedure
that stops production from a process or part of a process for less than
24 hours is not a process shutdown. An unscheduled work practice or
operational procedure that would stop production from a process or part
of a process for a shorter period of time than would be required to
clear the process or part of the process of materials and start up the
process, and would result in greater emissions than delay of repair of
leaking components until the next scheduled process shutdown, is not a
process shutdown. The use of spare equipment and technically
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feasible bypassing of equipment without stopping production are not
process shutdowns.
Process tank means a tank that is used to collect material
discharged from a feedstock storage tank or unit operation and to
transfer this material to another unit operation within the process or
to a product storage tank. Surge control vessels and bottoms receivers
that fit these conditions are considered process tanks. Product storage
tanks are considered process tanks and are part of the PMPU that produce
the stored material. For the purposes of this subpart, vents from
process tanks are considered process vents.
Process vent means a vent from a unit operation or vents from
multiple unit operations within a process that are manifolded together
into a common header, through which a HAP-containing gas stream is, or
has the potential to be, released to the atmosphere. Examples of process
vents include, but are not limited to, vents on condensers used for
product recovery, bottom receivers, surge control vessels, reactors,
filters, centrifuges, and process tanks. Emission streams that are
undiluted and uncontrolled containing less than 50 ppmv HAP, as
determined through process knowledge that no HAP are present in the
emission stream or using an engineering assessment as discussed in Sec.
63.1257(d)(2)(ii), test data using Methods 18 of 40 CFR part 60,
appendix A, or any other test method that has been validated according
to the procedures in Method 301 of appendix A of this part, are not
considered process vents. Process vents do not include vents on storage
tanks regulated under Sec. 63.1253, vents on wastewater emission
sources regulated under Sec. 63.1256, or pieces of equipment regulated
under Sec. 63.1255.
Production-indexed HAP consumption factor is the result of dividing
the annual consumption of total HAP by the annual production rate, per
process.
Production-indexed volatile organic compound (VOC) consumption
factor is the result of dividing the annual consumption of total VOC by
the annual production rate, per process.
Publicly owned treatment works (POTW) means any devices and systems
used in the storage, treatment, recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature as defined in section
212(2)(A) of the Clean Water Act, as amended [33 U.S.C. Sec.
1292(2)(A)]. A POTW includes the treatment works, intercepting sewers,
outfall sewers, sewage collection systems, pumping, power, and other
equipment. The POTW is defined at 40 CFR 403.3(o).
Reactor means a device or vessel in which one or more chemicals or
reactants, other than air, are combined or decomposed in such a way that
their molecular structures are altered and one or more new organic
compounds are formed.
Reconstruction, as used in Sec. 63.1250(b), shall have the meaning
given in Sec. 63.2, except that ``affected or previously unaffected
stationary source'' shall mean either ``affected facility'' or ``PMPU.''
As used in Sec. 63.1254(a)(3)(ii)(A)(3), reconstruction shall have the
meaning given in Sec. 63.2, except that ``source'' shall mean ``control
device.''
Recovery device, as used in the wastewater provisions, means an
individual unit of equipment used for the purpose of recovering
chemicals for fuel value (i.e., net positive heating value), use, reuse,
or for sale for fuel value, use or reuse. Examples of equipment that may
be recovery devices include organic removal devices such as decanters,
strippers, or thin-film evaporation units. To be a recovery device, a
decanter and any other equipment based on the operating principle of
gravity separation must receive only two-phase liquid streams.
Repaired means that equipment:
(1) Is adjusted, or otherwise altered, to eliminate a leak as
defined in the applicable paragraphs of Sec. 63.1255, and;
(2) Is, unless otherwise specified in applicable provisions of Sec.
63.1255, monitored as specified in Sec. 63.180(b) and (c) as
appropriate, to verify that emissions from the equipment are below the
applicable leak definition.
Research and development facility means any stationary source whose
primary purpose is to conduct research and development into new
processes and products, where such source is operated under the close
supervision of technically trained personnel, and is not engaged in the
manufacture of
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products for commercial sale in commerce, except in a de minimis manner.
Residual means any HAP-containing liquid or solid material that is
removed from a wastewater stream by a waste management unit or treatment
process that does not destroy organics (nondestructive unit). Examples
of residuals from nondestructive waste management units are: the organic
layer and bottom residue removed by a decanter or organic-water
separator and the overheads from a steam stripper or air stripper.
Examples of materials which are not residuals are: silt; mud; leaves;
bottoms from a steam stripper or air stripper; and sludges, ash, or
other materials removed from wastewater being treated by destructive
devices such as biological treatment units and incinerators.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a unit or its air emission control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purposes of this subpart, a safety device is not used for routine
venting of gases or vapors from the vapor headspace underneath a cover
such as during filling of the unit or to adjust the pressure in this
vapor headspace in response to normal daily diurnal ambient temperature
fluctuations. A safety device is designed to remain in a closed position
during normal operations and open only when the internal pressure, or
another relevant parameter, exceeds the device threshold setting
applicable to the air emission control equipment as determined by the
owner or operator based on manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering
codes and practices, or other requirements for the safe handling of
flammable, combustible, explosive, reactive, or hazardous materials.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow rate,
pH, or liquid level.
Set pressure means the pressure at which a properly operating
pressure relief device begins to open to relieve atypical process system
operating pressure.
Sewer line means a lateral, trunk line, branch line, or other
conduit including, but not limited to, grates, trenches, etc., used to
convey wastewater streams or residuals to a downstream waste management
unit.
Shutdown means the cessation of operation of a continuous process
for any purpose. Shutdown also means the cessation of a batch process or
any related individual piece of equipment required or used to comply
with this subpart as a result of a malfunction or for replacement of
equipment, repair, or any other purpose not excluded from this
definition. Shutdown also applies to emptying and degassing storage
vessels. Shutdown does not apply to cessation of a batch process at the
end of a campaign, for routine maintenance, for rinsing or washing of
equipment between batches, or other routine operations.
Single-seal system means a floating roof having one continuous seal
that completely covers the space between the wall of the storage tank
and the edge of the floating roof. This seal may be a vapor-mounted,
liquid-mounted, or metallic shoe seal.
Small control device means a control device that controls total HAP
emissions of less than 10 tons/yr, before control.
Soluble HAP means a HAP listed in Table 3 of this subpart.
Standard batch means a batch process operated within a range of
operating conditions that are documented in an operating scenario.
Emissions from a standard batch are based on the operating conditions
that result in highest emissions. The standard batch defines the
uncontrolled and controlled emissions for each emission episode defined
under the operating scenario.
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Startup means the setting in operation of a continuous process unit
for any purpose; the first time a new or reconstructed batch process
unit begins production; for new equipment added, including equipment
used to comply with this subpart, the first time the equipment is put
into operation; or, for the introduction of a new product/process, the
first time the product or process is run in equipment. For batch process
units, startup does not apply to the first time the equipment is put
into operation at the start of a campaign to produce a product that has
been produced in the past, after a shutdown for maintenance, or when the
equipment is put into operation as part of a batch within a campaign. As
used in Sec. 63.1255, startup means the setting in operation of a piece
of equipment or a control device that is subject to this subpart.
Storage tank means a tank or other vessel that is used to store
organic liquids that contain one or more HAP as raw material feedstocks.
Storage tank also means a tank or other vessel in a tank farm that
receives and accumulates used solvent from multiple batches of a process
or processes for purposes of solvent recovery. The following are not
considered storage tanks for the purposes of this subpart:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels storing organic liquids that contain HAP only as
impurities;
(4) Wastewater storage tanks; and
(5) Process tanks (including product tanks and isolated intermediate
tanks).
Supplemental gases are any gaseous streams that are not defined as
process vents, or closed-vent systems from wastewater management and
treatment units, storage tanks, or equipment components and that contain
less than 50 ppmv TOC, as determined through process knowledge, that are
introduced into vent streams or manifolds. Air required to operate
combustion device burner(s) is not considered supplemental gas.
Surface impoundment means a waste management unit which is a natural
topographic depression, manmade excavation, or diked area formed
primarily of earthen materials (although it may be lined with manmade
materials), which is designed to hold an accumulation of liquid wastes
or waste containing free liquids. A surface impoundment is used for the
purpose of treating, storing, or disposing of wastewater or residuals,
and is not an injection well. Examples of surface impoundments are
equalization, settling, and aeration pits, ponds, and lagoons.
System flowrate means the flowrate of gas entering the control
device.
Total organic compounds (TOC) means those compounds measured
according to the procedures of Method 18 or Method 25A, 40 CFR part 60,
appendix A.
Treatment process means a specific technique that removes or
destroys the organics in a wastewater or residual stream such as a steam
stripping unit, thin-film evaporation unit, waste incinerator,
biological treatment unit, or any other process applied to wastewater
streams or residuals to comply with Sec. 63.1256. Most treatment
processes are conducted in tanks. Treatment processes are a subset of
waste management units.
Uncontrolled HAP emissions means a gas stream containing HAP which
has exited the process (or process condenser, if any), but which has not
yet been introduced into an air pollution control device to reduce the
mass of HAP in the stream. If the process vent is not routed to an air
pollution control device, uncontrolled emissions are those HAP emissions
released to the atmosphere.
Unit operation means those processing steps that occur within
distinct equipment that are used, among other things, to prepare
reactants, facilitate reactions, separate and purify products, and
recycle materials. Equipment used for these purposes includes but is not
limited to reactors, distillation columns, extraction columns,
absorbers, decanters, dryers, condensers, and filtration equipment.
Vapor-mounted seal means a continuous seal that completely covers
the annular space between the wall of the storage tank or waste
management unit and the edge of the floating roof
[[Page 131]]
and is mounted such that there is a vapor space between the stored
liquid and the bottom of the seal.
Volatile organic compounds (VOC) means those materials defined in 40
CFR 51.100.
Waste management unit means the equipment, structure(s),and or
devices used to convey, store, treat, or dispose of wastewater streams
or residuals. Examples of waste management units include wastewater
tanks, air flotation units, surface impoundments, containers, oil-water
or organic-water separators, individual drain systems, biological
wastewater treatment units, waste incinerators, and organic removal
devices such as steam and air stripper units, and thin film evaporation
units. If such equipment is used for recovery then it is part of a
pharmaceutical process and is not a waste management unit.
Wastewater means any portion of an individual wastewater stream or
any aggregation of wastewater streams.
Wastewater stream means water that is discarded from a PMPU through
a single POD, that contains an annual average concentration of partially
soluble and/or soluble HAP compounds of at least 5 parts per million by
weight and a load of at least 0.05 kg/yr. The following are not
considered wastewater streams for the purposes of this subpart:
(1) Stormwater from segregated sewers;
(2) Water from fire-fighting and deluge systems, including testing
of such systems;
(3) Spills;
(4) Water from safety showers;
(5) Samples of a size not greater than reasonably necessary for the
method of analysis that is used;
(6) Equipment leaks;
(7) Wastewater drips from procedures such as disconnecting hoses
after clearing lines; and
(8) Noncontact cooling water.
Wastewater tank means a stationary waste management unit that is
designed to contain an accumulation of wastewater or residuals and is
constructed primarily of nonearthen materials (e.g., wood, concrete,
steel, plastic) which provide structural support. Wastewater tanks used
for flow equalization are included in this definition.
Water seal controls means a seal pot, p-leg trap, or other type of
trap filled with water (e.g., flooded sewers that maintain water levels
adequate to prevent air flow through the system) that creates a water
barrier between the sewer line and the atmosphere. The water level of
the seal must be maintained in the vertical leg of a drain in order to
be considered a water seal.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52598, Aug. 29, 2000;
71 FR 20459, Apr. 20, 2006; 76 FR 22600, Apr. 21, 2011]
Sec. 63.1252 Standards: General.
Each owner or operator of any affected source subject to the
provisions of this subpart shall control HAP emissions to the level
specified in this section on and after the compliance dates specified in
Sec. 63.1250(f). Initial compliance with the emission limits is
demonstrated in accordance with the provisions of Sec. 63.1257, and
continuous compliance is demonstrated in accordance with the provisions
of Sec. 63.1258.
(a) Opening of a safety device. Opening of a safety device, as
defined in Sec. 63.1251, is allowed at any time conditions require it
to do so to avoid unsafe conditions.
(b) Closed-vent systems. The owner or operator of a closed-vent
system that contains bypass lines that could divert a vent stream away
from a control device used to comply with the requirements in Sec. Sec.
63.1253, 63.1254, and 63.1256 shall comply with the requirements of
Table 4 to this subpart and paragraph (b)(1) or (2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, rupture disks and pressure relief valves
needed for safety purposes are not subject to this paragraph.
(1) Install, calibrate, maintain, and operate a flow indicator that
determines whether vent stream flow is present at least once every 15
minutes. Records shall be maintained as specified in Sec.
63.1259(i)(6)(i). The flow indicator shall be installed at the entrance
to any bypass line that could divert the vent stream away from the
control device to the atmosphere; or
(2) Secure the bypass line valve in the closed position with a car
seal or
[[Page 132]]
lock and key type configuration. A visual inspection of the seal or
closure mechanism shall be performed at least once every month to ensure
that the valve is maintained in the closed position and the vent stream
is not diverted through the bypass line. Records shall be maintained as
specified in Sec. 63.1259(i)(6)(ii).
(c) Heat exchange systems. Except as provided in paragraph (c)(2) of
this section, owners and operators of affected sources shall comply with
the requirements in paragraph (c)(1) of this section for heat exchange
systems that cool process equipment or materials used in pharmaceutical
manufacturing operations.
(1) The heat exchange system shall be treated according to the
provisions of Sec. 63.104, except that the monitoring frequency shall
be no less than quarterly.
(2) For identifying leaking equipment, the owner or operator of heat
exchange systems on equipment which meet current good manufacturing
practice (CGMP) requirements of 21 CFR part 211 may elect to use the
physical integrity of the reactor as the surrogate indicator of heat
exchange system leaks around the reactor.
(d) Emissions averaging provisions. Except as specified in
paragraphs (d)(1) through (5) of this section, owners or operators of
storage tanks or processes subject to the provisions of Sec. Sec.
63.1253 and 63.1254 may choose to comply by using emissions averaging
requirements specified in Sec. 63.1257(g) or (h) for any storage tank
or process.
(1) A State may prohibit averaging of HAP emissions and require the
owner or operator of an existing source to comply with the provisions in
Sec. Sec. 63.1253 and 63.1254.
(2) Only emission sources subject to the requirements of Sec.
63.1253(b)(1) or (c)(1)(i) or Sec. 63.1254(a)(1)(i) may be included in
any averaging group.
(3) Processes which have been permanently shutdown or storage tanks
permanently taken out of HAP service may not be included in any
averaging group.
(4) Processes and storage tanks already controlled on or before
November 15, 1990 may not be included in an emissions averaging group,
except where the level of control is increased after November 15, 1990.
In these cases, the uncontrolled emissions shall be the controlled
emissions as calculated on November 15, 1990 for the purpose of
determining the uncontrolled emissions as specified in Sec. 63.1257(g)
and (h).
(5) Emission points controlled to comply with a State or Federal
rule other than this subpart may not be credited in an emission
averaging group, unless the level of control has been increased after
November 15, 1990 above what is required by the other State or Federal
rule. Only the control above what is required by the other State or
Federal rule will be credited. However, if an emission point has been
used to generate emissions averaging credit in an approved emissions
average, and the point is subsequently made subject to a State or
Federal rule other than this subpart, the point can continue to generate
emissions averaging credit for the purpose of complying with the
previously approved average.
(6) Not more than 20 processes subject to Sec. 63.1254(a)(1)(i),
and 20 storage tanks subject to Sec. 63.1253(b)(1) or (c)(1)(i) at an
affected source may be included in an emissions averaging group.
(7) Compliance with the emission standards in Sec. 63.1253 shall be
satisfied when the annual percent reduction efficiency is greater than
or equal to 90 percent for those tanks meeting the criteria of Sec.
63.1253(a)(1) and 95 percent for those tanks meeting the criteria of
Sec. 63.1253(a)(2), as demonstrated using the test methods and
compliance procedures specified in Sec. 63.1257(g).
(8) Compliance with the emission standards in Sec. 63.1254(a)(1)(i)
shall be satisfied when the annual percent reduction efficiency is
greater than or equal to 93 percent, as demonstrated using the test
methods and compliance procedures specified in Sec. 63.1257(h).
(e) Pollution prevention alternative. Except as provided in
paragraph (e)(1) of this section, an owner or operator may choose to
meet the pollution prevention alternative requirement specified in
either paragraph (e)(2) or (3) of this section for any PMPU or for any
situation described in paragraph (e)(4) of this section, in lieu of the
requirements specified in Sec. Sec. 63.1253, 63.1254,
[[Page 133]]
63.1255, and 63.1256. Compliance with paragraphs (e)(2) and (3) of this
section shall be demonstrated through the procedures in Sec.
63.1257(f). Any PMPU for which the owner or operator seeks to comply by
using the pollution prevention alternative shall begin with the same
starting material(s) and end with the same product(s). The owner or
operator may not comply with the pollution prevention alternative by
eliminating any steps of a process by transferring the step offsite (to
another manufacturing location).
(1) The HAP that are generated in the PMPU that are not part of the
production-indexed consumption factor must be controlled according to
the requirements of Sec. Sec. 63.1253, 63.1254, 63.1255, and 63.1256.
The hydrogen halides that are generated as a result of combustion
control of emissions must be controlled according to the requirements of
paragraph (g)(1) of this section.
(2) The production-indexed HAP consumption factor (kg HAP consumed/
kg produced) shall be reduced by at least 75 percent from a 3 year
average baseline established no earlier than the 1987 calendar year, or
for the time period from startup of the process until the present in
which the PMPU was operational and data are available, whichever is the
lesser time period. If a time period less than 3 years is used to set
the baseline, the data must represent at least 1 year's worth of data.
For any reduction in the HAP factor achieved by reducing a HAP that is
also a VOC, an equivalent reduction in the VOC factor is also required.
For any reduction in the HAP factor that is achieved by reducing a HAP
that is not a VOC, the VOC factor may not be increased.
(3) Both requirements specified in paragraphs (e)(3)(i) and (ii) of
this section are met.
(i) The production-indexed HAP consumption factor (kg HAP consumed/
kg produced) shall be reduced by at least 50 percent from a 3-year
average baseline established no earlier than the 1987 calendar year, or
for the time period from startup of the process until the present in
which the PMPU was operational and data are available, whichever is
less. If a time period less than 3 years is used to set the baseline,
the data must represent at least 1 year's worth of data. For any
reduction in the HAP factor achieved by reducing a HAP that is also a
VOC, an equivalent reduction in the VOC factor is also required. For any
reduction in the HAP factor that is achieved by reducing a HAP that is
not a VOC, the VOC factor may not be increased.
(ii) The total PMPU HAP emissions shall be reduced by an amount, in
kg/yr, that, when divided by the annual production rate, in kg/yr, and
added to the reduction of the production-indexed HAP consumption factor,
in kg/kg, yields a value of at least 75 percent of the average baseline
HAP production-indexed consumption factor established according to
paragraph (e)(3)(i) of this section according to the equation provided
in Sec. 63.1257(f)(2)(ii)(A). The total PMPU VOC emissions shall be
reduced by an amount calculated according to the equation provided in
Sec. 63.1257(f)(2)(ii)(B). The annual reduction in HAP and VOC air
emissions must be due to the use of the following control devices:
(A) Combustion control devices such as incinerators, flares or
process heaters.
(B) Control devices such as condensers and carbon adsorbers whose
recovered product is destroyed or shipped offsite for destruction.
(C) Any control device that does not ultimately allow for recycling
of material back to the PMPU.
(D) Any control device for which the owner or operator can
demonstrate that the use of the device in controlling HAP emissions will
have no effect on the production-indexed consumption factor for the
PMPU.
(4) The owner or operator may comply with the requirements in either
paragraph (e)(2) or (3) of this section for a series of processes,
including situations where multiple processes are merged, subject to the
following conditions:
(i) The baseline period shall be a single year beginning no earlier
than the 1992 calendar year.
(ii) The term ``PMPU'' shall have the meaning provided in Sec.
63.1251 except that the baseline and modified PMPU may include multiple
processes (i.e., precursors, active ingredients, and
[[Page 134]]
final dosage form) if the owner or operator demonstrates to the
satisfaction of the Administrator that the multiple processes were
merged after the baseline period into an existing process or processes.
(iii) Nondedicated formulation and solvent recovery processes may
not be merged with any other processes.
(f) Control requirements for certain liquid streams in open systems
within a PMPU. (1) The owner or operator shall comply with the
provisions of Table 5 of this subpart, for each item of equipment
meeting all the criteria specified in paragraphs (f)(2) through (4) and
either paragraph (f)(5)(i) or (ii) of this section.
(2) The item of equipment is of a type identified in Table 5 of this
subpart;
(3) The item of equipment is part of a PMPU, as defined in Sec.
63.1251;
(4) The item of equipment is controlled less stringently than in
Table 5 of this subpart and the item of equipment is not otherwise
exempt from controls by the provisions of this subpart or subpart A of
this part; and
(5) The item of equipment:
(i) Is a drain, drain hub, manhole, lift station, trench, pipe, or
oil/water separator that conveys water with an annual average
concentration greater than or equal to 1,300 parts per million by weight
(ppmw) of partially soluble HAP compounds; or an annual average
concentration greater than or equal to 5,200 ppmw of partially soluble
and/or soluble HAP compounds. The annual average concentration shall be
determined according to the procedures in Sec. 63.1257(e)(1)(ii).
(ii) Is a tank that receives one or more streams that contain water
with an annual average concentration greater than or equal to 1,300 ppmw
of partially soluble HAP compounds, or greater than or equal to 5,200
ppmw of total partially soluble and/or soluble HAP compounds. The owner
or operator of the source shall determine the average concentration of
the stream at the inlet to the tank and according to the procedures in
Sec. 63.1257(e)(1)(ii).
(g) Control requirements for halogenated vent streams that are
controlled by combustion devices. If a combustion device is used to
comply with the provisions of Sec. Sec. 63.1253 (storage tanks),
63.1254 (process vents), 63.1256(h) (wastewater vent streams) for a
halogenated vent stream, then the vent stream shall be ducted to a
halogen reduction device such as, but not limited to, a scrubber, before
it is discharged to the atmosphere. The halogen reduction device must
reduce emissions by the amounts specified in either paragraph (g)(1) or
(2) of this section.
(1) A halogen reduction device after the combustion control device
must reduce overall emissions of hydrogen halides and halogens, as
defined in Sec. 63.1251, by 95 percent or to a concentration less than
or equal to 20 ppmv.
(2) A halogen reduction device located before the combustion control
device must reduce the halogen atom content of the vent stream to a
concentration less than or equal to 20 ppmv.
(h) Planned routine maintenance for centralized combustion control
devices. The owner or operator may operate non-dedicated PMPU's during
periods of planned routine maintenance for CCCD in accordance with the
provisions specified in paragraphs (h)(1) through (6) of this section.
(1) For equipment leaks and wastewater emissions that normally are
controlled by the CCCD, if any, the owner or operator must continue to
comply with the requirements in Sec. Sec. 63.1255(b)(4)(ii) and
63.1256(h), respectively, using other control devices during the planned
routine maintenance period for the CCCD.
(2) During the planned routine maintenance period, the owner or
operator must route emissions from process vents with organic HAP
emissions greater than 15 pounds per day (lb/day) through a closed-vent
system to a condenser that meets the conditions specified in paragraphs
(h)(2)(i) through (iii) of this section.
(i) The outlet gas temperature must be less than -50 [deg]C (-58
[deg]F) when the emission stream contains organic HAP with a partial
pressure greater than 20 kPa (2.9 psia).
(ii) The outlet gas temperature must be less than -5 [deg]C (23
[deg]F) when the emission stream contains organic HAP with a partial
pressure less than or equal to 20 kPa (2.9 psia).
[[Page 135]]
(iii) The HAP partial pressures in paragraphs (h)(2)(i) and (ii) of
this section must be determined at 25 [deg]C.
(3) The owner or operator must route HCl emissions from process
vents with HCl emissions greater than 15 lb/day through a closed-vent
system to a caustic scrubber, and the pH of the scrubber effluent must
be maintained at or above 9.
(4) For the purposes of the emission calculations required in
paragraphs (h)(2) and (3) of this section, the term ``process vent''
shall mean each vent from a unit operation. The emission calculation
shall not be performed on the aggregated emission stream from multiple
unit operations that are manifolded together into a common header. Once
an affected process vent has been controlled in accordance with this
section, it is no longer subject to the requirements of this section or
Sec. 63.1254 during the routine maintenance period.
(5) The total period of planned routine maintenance, during which
non-dedicated PMPU's that are normally controlled by the CCCD continue
to operate, and process vent emissions are controlled as specified in
paragraphs (h)(2) and (3) of this section, must not exceed 240 hours in
any 365-day period.
(6) While being controlled as specified in paragraphs (h)(2) and (3)
of this section, the process vents may not be used in emissions
averaging.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52600, Aug. 29, 2000;
66 FR 40131, Aug. 2, 2001]
Sec. 63.1253 Standards: Storage tanks.
(a) Except as provided in paragraphs (d), (e), and (f) of this
section, the owner or operator of a storage tank meeting the criteria of
paragraph (a)(1) of this section is subject to the requirements of
paragraph (b) of this section. Except as provided in paragraphs (d),
(e), and (f) of this section, the owner or operator of a storage tank
meeting the criteria of paragraph (a)(2) of this section is subject to
the requirements of paragraph (c) of this section. Compliance with the
provisions of paragraphs (b) and (c) of this section is demonstrated
using the initial compliance procedures in Sec. 63.1257(c) and the
monitoring requirements in Sec. 63.1258.
(1) A storage tank with a design capacity greater than or equal to
38 m\3\ but less than 75 m\3\ storing a liquid for which the maximum
true vapor pressure of total HAP is greater than or equal to 13.1 kPa.
(2) A storage tank with a design capacity greater than or equal to
75 m\3\ storing a liquid for which the maximum true vapor pressure of
total HAP is greater than or equal to 13.1 kPa.
(b) The owner or operator of a storage tank shall equip the affected
storage tank with either a fixed roof with internal floating roof, an
external floating roof, an external floating roof converted to an
internal floating roof, or a closed-vent system meeting the conditions
of Sec. 63.1252(b) with a control device that meets any of the
following conditions:
(1) Reduces inlet emissions of total HAP by 90 percent by weight or
greater;
(2) Reduces emissions to outlet concentrations less than or equal to
20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and
halogens;
(3) Is an enclosed combustion device that provides a minimum
residence time of 0.5 seconds at a minimum temperature of 760 [deg]C;
(4) Is a flare that meets the requirements of Sec. 63.11(b); or
(5) Is a control device specified in Sec. 63.1257(a)(4).
(c) The owner or operator of a storage tank shall equip the affected
storage tank with either a fixed roof with internal floating roof, an
external floating roof, an external floating roof converted to an
internal floating roof, or a closed-vent system meeting the conditions
of Sec. 63.1252(b) with a control device that meets any of the
following conditions:
(1) Reduces inlet emissions of total HAP as specified in paragraph
(c)(1) (i) or (ii) of this section:
(i) By 95 percent by weight or greater; or (ii) If the owner or
operator can demonstrate that a control device installed on a storage
tank on or before April 2, 1997 is designed to reduce inlet emissions of
total HAP by greater than or equal to 90 percent by weight but less than
95 percent by weight, then the
[[Page 136]]
control device is required to be operated to reduce inlet emissions of
total HAP by 90 percent or greater.
(2) Reduces emissions to outlet concentrations less than or equal to
20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and
halogens;
(3) Is an enclosed combustion device that provides a minimum
residence time of 0.5 seconds at a minimum temperature of 760 [deg]C;
(4) Is a flare that meets the requirements of Sec. 63.11(b); or
(5) Is a control device specified in Sec. 63.1257(a)(4).
(d) As an alternative standard, the owner or operator of an existing
or new affected source may comply with the storage tank standards by
routing storage tank vents to a combustion control device achieving an
outlet TOC concentration, as calibrated on methane or the predominant
HAP, of 20 ppmv or less, and an outlet concentration of hydrogen halides
and halogens of 20 ppmv or less. If the owner or operator is routing
emissions to a noncombustion control device, it must achieve an outlet
TOC concentration, as calibrated on methane or the predominant HAP, of
50 ppmv or less, and an outlet concentration of hydrogen halides and
halogens of 50 ppmv or less. Compliance with the outlet concentrations
shall be determined by the initial compliance procedures of Sec.
63.1257(c)(4) and the continuous emission monitoring requirements of
Sec. 63.1258(b)(5).
(e) Planned routine maintenance. The specifications and requirements
in paragraphs (b) through (d) of this section for control devices do not
apply during periods of planned routine maintenance. Periods of planned
routine maintenance of the control devices (including CCCD subject to
Sec. 63.1252(h)), during which the control device does not meet the
specifications of paragraphs (b) through (d) of this section, as
applicable, shall not exceed 240 hours in any 365-day period. The owner
or operator may submit an application to the Administrator requesting an
extension of this time limit to a total of 360 hours in any 365-day
period. The application must explain why the extension is needed, it
must specify that no material will be added to the storage tank between
the time the 240-hour limit is exceeded and the control device is again
operational, and it must be submitted at least 60 days before the 240-
hour limit will be exceeded.
(f) Vapor balancing alternative. As an alternative to the
requirements in paragraphs (b) and (c) of this section, the owner or
operator of an existing or new affected source may implement vapor
balancing in accordance with paragraphs (f)(1) through (7) of this
section.
(1) The vapor balancing system must be designed and operated to
route organic HAP vapors displaced from loading of the storage tank to
the railcar or tank truck from which the storage tank is filled.
(2) Tank trucks and railcars must have a current certification in
accordance with the U.S. Department of Transportation (DOT) pressure
test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31
for railcars.
(3) Hazardous air pollutants must only be unloaded from tank trucks
or railcars when vapor collection systems are connected to the storage
tank's vapor collection system.
(4) No pressure relief device on the storage tank, or on the
railcar, or tank truck shall open during loading or as a result of
diurnal temperature changes (breathing losses).
(5) Pressure relief devices on affected storage tanks must be set to
no less than 2.5 psig at all times to prevent breathing losses. The
owner or operator shall record the setting as specified in Sec.
63.1259(b)(12) and comply with the requirements for each pressure relief
valve in paragraphs (f)(5)(i) through (iii) of this section:
(i) The pressure relief valve shall be monitored quarterly using the
method described in Sec. 63.180(b).
(ii) An instrument reading of 500 ppmv or greater defines a leak.
(iii) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 5 days after it is detected, and the
owner or operator shall comply with the recordkeeping requirements of
Sec. 63.1255(g)(4)(i) through (iv).
(6) Railcars or tank trucks that deliver HAP to an affected storage
tank
[[Page 137]]
must be reloaded or cleaned at a facility that utilizes one of the
control techniques in paragraph (f)(6)(i) through (ii) of this section:
(i) The railcar or tank truck must be connected to a closed-vent
system with a control device that reduces inlet emissions of HAP by 90
percent by weight or greater; or
(ii) A vapor balancing system designed and operated to collect
organic HAP vapor displaced from the tank truck or railcar during
reloading must be used to route the collected HAP vapor to the storage
tank from which the liquid being transferred originated.
(7) The owner or operator of the facility where the railcar or tank
truck is reloaded or cleaned must comply with the requirements in
paragraph (f)(7)(i) through (iii) of this section:
(i) Submit to the owner or operator of the affected storage tank and
to the Administrator a written certification that the reloading or
cleaning facility will meet the requirements of this section. The
certifying entity may revoke the written certification by sending a
written statement to the owner or operator of the affected storage tank
giving at least 90 days notice that the certifying entity is rescinding
acceptance of responsibility for compliance with the requirements of
this paragraph (b)(7).
(ii) If complying with paragraph (f)(6)(i) of this section,
demonstrate initial compliance in accordance with Sec. 63.1257(c),
demonstrate continuous compliance in accordance with Sec. 63.1258, keep
records as specified in Sec. 63.1259, and prepare reports as specified
in Sec. 63.1260.
(iii) If complying with paragraph (f)(6)(ii) of this section, keep
records of:
(A) The equipment to be used and the procedures to be followed when
reloading the railcar or tank truck and displacing vapors to the storage
tank from which the liquid originates, and
(B) Each time the vapor balancing system is used to comply with
paragraph (f)(6)(ii) of this section.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52601, Aug. 29, 2000;
66 FR 40132, Aug. 2, 2001; 70 FR 25669, May 13, 2005]
Sec. 63.1254 Standards: Process vents.
(a) Existing sources. For each process, the owner or operator of an
existing affected source must comply with the requirements in paragraphs
(a)(1) and (3) of this section or paragraphs (a)(2) and (3) of this
section. Initial compliance with the required emission limits or
reductions in paragraphs (a)(1) through (3) of this section is
demonstrated in accordance with the initial compliance procedures
described in Sec. 63.1257(d), and continuous compliance is demonstrated
in accordance with the monitoring requirements described in Sec.
63.1258.
(1) Process-based emission reduction requirement. (i) Uncontrolled
HAP emissions from the sum of all process vents within a process that
are not subject to the requirements of paragraph (a)(3) of this section
shall be reduced by 93 percent or greater by weight, or as specified in
paragraph (a)(1)(ii) of this section. Notification of changes in the
compliance method shall be reported according to the procedures in Sec.
63.1260(h).
(ii) Any one or more vents within a process may be controlled in
accordance with any of the procedures in paragraphs (a)(1)(ii)(A)
through (D) of this section. All other vents within the process must be
controlled as specified in paragraph (a)(1)(i) of this section.
(A) To outlet concentrations less than or equal to 20 ppmv as TOC
and less than or equal to 20 ppmv as hydrogen halides and halogens;
(B) By a flare that meets the requirements of Sec. 63.11(b);
(C) By a control device specified in Sec. 63.1257(a)(4); or
(D) In accordance with the alternative standard specified in
paragraph (c) of this section.
(2) Process-based annual mass limit. (i) Actual HAP emissions from
the sum of all process vents within a process must not exceed 900
kilograms (kg) in any 365-day period.
(ii) Actual HAP emissions from the sum of all process vents within
processes complying with paragraph (a)(2)(i) of this section are limited
to a maximum of 1,800 kg in any 365-day period.
[[Page 138]]
(iii) Emissions from vents that are subject to the requirements of
paragraph (a)(3) of this section and emissions from vents that are
controlled in accordance with the procedures in paragraph (c) of this
section may be excluded from the sums calculated in paragraphs (a)(2)(i)
and (ii) of this section.
(iv) The owner or operator may switch from compliance with paragraph
(a)(2) of this section to compliance with paragraph (a)(1) of this
section only after at least 1 year of operation in compliance with
paragraph (a)(2) of this section. Notification of such a change in the
compliance method shall be reported according to the procedures in Sec.
63.1260(h).
(3) Individual vent emission reduction requirements. (i) Except as
provided in paragraph (a)(3)(ii) of this section, uncontrolled HAP
emissions from a process vent must be reduced by 98 percent or in
accordance with any of the procedures in paragraphs (a)(1)(ii)(A)
through (D) of this section if the uncontrolled HAP emissions from the
vent exceed 25 tons per year, and the flow-weighted average flowrate
(FRa) calculated using Equation 1 of this subpart is less than or equal
to the flowrate index (FRI) calculated using Equation 2 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR29AU00.000
[GRAPHIC] [TIFF OMITTED] TR29AU00.001
Where:
FRa = flow-weighted average flowrate for the vent, scfm
Di = duration of each emission event, min
FRi = flowrate of each emission event, scfm
n = number of emission events
FRI = flowrate index, scfm
HL = annual uncontrolled HAP emissions, lb/yr, as defined in Sec.
63.1251
(ii) Grandfathering provisions. As an alternative to the
requirements in paragraph (a)(3)(i) of this section, the owner or
operator may comply with the provisions in paragraph (a)(3)(ii)(A), (B),
or (C) of this section, if applicable.
(A) Control device operation. If the owner or operator can
demonstrate that a process vent is controlled by a control device
meeting the criteria specified in paragraph (a)(3)(ii)(A)(1) of this
section, then the control device is required to be operated according to
paragraphs (a)(3)(ii)(A)(2), (3), and (4) of this section:
(1) The control device was installed on any process vent that met
the conditions of paragraph (a)(3)(i) of this section on or before April
2, 1997, and was operated to reduce uncontrolled emissions of total HAP
by greater than or equal to 93 percent by weight, but less than 98
percent by weight;
(2) The device must be operated to reduce inlet emissions of total
HAP by 93 percent or by the percent reduction specified for that control
device in any preconstruction permit issued pursuant to regulations
approved or promulgated through rulemaking under title I (including
parts C or D) of the Clean Air Act, whichever is greater;
(3) The device must be replaced or upgraded to achieve at least 98
percent reduction of HAP or meet any of the conditions specified in
paragraphs (a)(1)(ii)(A) through (D) of this section upon reconstruction
or replacement.
(4) The device must be replaced or upgraded to achieve at least 98
percent reduction of HAP or meet any of the conditions specified in
paragraphs (a)(1)(ii)(A) through (D) of this section by April 2, 2007,
or 15 years after issuance of the preconstruction permit, whichever is
later.
(B) Process operations. If a process meets all of the conditions
specified in paragraphs (a)(3)(ii)(B)(1) through (3) of this section,
the required level of control for the process is the level that was
achieved on or before April 2, 1997. This level of control is
demonstrated using the same procedures that are used to demonstrate
compliance with paragraph (a)(1) of this section.
(1) At least one vent in the process met the conditions of paragraph
(a)(3)(i) of this section on or before April 2, 1997; and
(2) The overall control for the process on or before April 2, 1997
was greater than or equal to 93 percent by weight, but less than 98
percent by weight; and
[[Page 139]]
(3) The production-indexed HAP consumption factor for the 12-month
period in which the process was operated prior to the compliance date is
less than one-half of the 3-year average baseline value established no
earlier than the 1987 through 1989 calendar years.
(C) Hydrogenation vents. Processes meeting the conditions of
paragraphs (a)(3)(ii)(C)(1) through (3) of this section are required to
be operated to maintain the level of control achieved on or before April
2, 1997. For all other processes meeting the conditions of paragraph
(a)(3)(ii)(C)(3) of this section, uncontrolled HAP emissions from the
sum of all process vents within the process must be reduced by 95
percent or greater by weight.
(1) Processes containing a process vent that met the conditions of
paragraph (a)(3)(i) of this section on or before April 2, 1997; and
(2) Processes that are controlled to greater than or equal to 93
percent by weight, but less than 98 percent by weight; and
(3) Processes with a hydrogenation vent that, in conjunction with
all other process vents from the process that do not meet the conditions
of paragraph (a)(3)(i) of this section, cannot meet the requirements of
paragraph (a)(1) or (2) of this section.
(4) Planned routine maintenance. For each PMPU that is controlled
with a CCCD, the owner or operator must comply with the provisions
specified in either paragraph (a)(4)(i), (ii), or (iii) of this section
during periods of planned routine maintenance of the CCCD. The owner or
operator is not required to comply with the same provision for all of
the PMPU's controlled by the CCCD.
(i) Shutdown the affected process.
(ii) Comply with the requirements of paragraphs (a)(1) through (3)
of this section by using other means.
(iii) For a non-dedicated PMPU, implement the procedures described
in paragraphs (a)(4)(iii)(A) through (C) of this section for those
process vents that are normally controlled by the CCCD. This option is
not available for process vents from dedicated PMPU's.
(A) If the owner or operator uses a CCCD to comply with the 93
percent reduction requirement in paragraph (a)(1)(i) or (ii) of this
section, the outlet concentration limit in paragraph (a)(1)(ii)(A) of
this section, the alternative standard as specified in paragraphs
(a)(1)(ii)(D) and (c) of this section, or the annual mass limit in
paragraph (a)(2) of this section, implement the provisions in Sec.
63.1252(h) during planned routine maintenance of the CCCD.
(B) If the owner or operator reduces HAP emissions from process
vents by using a CCCD that is also a control device specified in Sec.
63.1257(a)(4), implement the provisions in Sec. 63.1252(h) during
planned routine maintenance of the CCCD.
(C) If the owner or operator uses a CCCD to reduce emissions from a
process vent subject to paragraph (a)(3) of this section, implement the
planned routine maintenance provisions in Sec. 63.1252(h) for that vent
only if the reason the planned routine maintenance is needed, and the
reason it cannot be performed at a time when the vent subject to
paragraph (a)(3) of this section is not operating, has been described in
the Notification of Compliance Status Report or a periodic report
submitted before the planned routine maintenance event.
(b) New sources. (1) Except as provided in paragraph (b)(2) of this
section, uncontrolled HAP emissions from the sum of all process vents
within a process at a new affected source shall be reduced by 98 percent
or greater by weight or controlled in accordance with any of
requirements of paragraphs (a)(1)(ii)(A) through (D) of this section.
Initial compliance with the required emission limit or reduction is
demonstrated in accordance with the initial compliance procedures in
Sec. 63.1257(d), and continuous compliance is demonstrated in
accordance with the monitoring requirements described in Sec. 63.1258.
(2) Annual mass limit. The actual HAP emissions from the sum of all
process vents for which the owner or operator is not complying with
paragraph (b)(1) of this section are limited to 900 kg in any 365-day
period.
(c) Alternative standard. As an alternative standard, the owner or
operator of an existing or new affected source may comply with the
process vent
[[Page 140]]
standards by routing vents from a process to a combustion control device
achieving an outlet TOC concentration, as calibrated on methane or the
predominant HAP, of 20 ppmv or less, and an outlet concentration of
hydrogen halides and halogens of 20 ppmv or less. If the owner or
operator is routing emissions to a noncombustion control device, it must
achieve an outlet TOC concentration, as calibrated on methane or the
predominant HAP, of 50 ppmv or less, and an outlet concentration of
hydrogen halides and halogens of 50 ppmv or less. Any process vents
within a process that are not routed to this control device must be
controlled in accordance with the provisions of paragraph (a) or (b) of
this section, as applicable. Initial compliance with the outlet
concentrations is demonstrated in accordance with the initial compliance
procedures described in Sec. 63.1257(d)(1)(iv), and continuous
compliance is demonstrated in accordance with the emission monitoring
requirements described in Sec. 63.1258(b)(5).
[65 FR 52601, Aug. 29, 2000, as amended at 66 FR 40132, Aug. 2, 2001]
Sec. 63.1255 Standards: Equipment leaks.
(a) General equipment leak requirements. (1) The provisions of this
section apply to pumps, compressors, agitators, pressure relief devices,
sampling connection systems, open-ended valves or lines, valves,
connectors, instrumentation systems, control devices, and closed-vent
systems required by this section that are intended to operate in organic
hazardous air pollutant service 300 hours or more during the calendar
year within a source subject to the provisions of this subpart.
(2) Consistency with other regulations. After the compliance date
for a process, equipment subject to both this section and either of the
following will be required to comply only with the provisions of this
subpart:
(i) 40 CFR part 60.
(ii) 40 CFR part 61.
(3) [Reserved]
(4) The provisions in Sec. 63.1(a)(3) of subpart A of this part do
not alter the provisions in paragraph (a)(2) of this section.
(5) Lines and equipment not containing process fluids are not
subject to the provisions of this section. Utilities, and other
nonprocess lines, such as heating and cooling systems which do not
combine their materials with those in the processes they serve, are not
considered to be part of a process.
(6) The provisions of this section do not apply to bench-scale
processes, regardless of whether the processes are located at the same
plant site as a process subject to the provisions of this subpart.
(7) Equipment to which this section applies shall be identified such
that it can be distinguished readily from equipment that is not subject
to this section. Identification of the equipment does not require
physical tagging of the equipment. For example, the equipment may be
identified on a plant site plan, in log entries, or by designation of
process boundaries by some form of weatherproof identification. If
changes are made to the affected source subject to the leak detection
requirements, equipment identification for each type of component shall
be updated, if needed, within 90 calendar days or by the next Periodic
Report following the end of the monitoring period for that component,
whichever is later.
(8) Equipment that is in vacuum service is excluded from the
requirements of this section.
(9) Equipment that is in organic HAP service, but is in such service
less than 300 hours per calendar year, is excluded from the requirements
of this section if it is identified as required in paragraph (g)(9) of
this section.
(10) When each leak is detected by visual, audible, or olfactory
means, or by monitoring as described in Sec. 63.180(b) or (c), the
following requirements apply:
(i) A weatherproof and readily visible identification, marked with
the equipment identification number, shall be attached to the leaking
equipment.
(ii) The identification on a valve in light liquid or gas/vapor
service may be removed after it has been monitored as specified in
paragraph (e)(7)(iii) of this section, and no leak has been detected
during the follow-up monitoring.
(iii) The identification on equipment, except on a valve in light
liquid or gas/
[[Page 141]]
vapor service, may be removed after it has been repaired.
(11) Except as provided in paragraph (a)(11)(i) of this section, all
terms in this subpart that define a period of time for completion of
required tasks (e.g., weekly, monthly, quarterly, annual) refer to the
standard calendar periods unless specified otherwise in the section or
paragraph that imposes the requirement.
(i) If the initial compliance date does not coincide with the
beginning of the standard calendar period, an owner or operator may
elect to utilize a period beginning on the compliance date, or may elect
to comply in accordance with the provisions of paragraph (a)(11)(ii) or
(iii) of this section.
(ii) Time periods specified in this subpart for completion of
required tasks may be changed by mutual agreement between the owner or
operator and the Administrator, as specified in subpart A of this part.
For each time period that is changed by agreement, the revised period
shall remain in effect until it is changed. A new request is not
necessary for each recurring period.
(iii) Except as provided in paragraph (a)(11)(i) or (ii) of this
section, where the period specified for compliance is a standard
calendar period, if the initial compliance date does not coincide with
the beginning of the calendar period, compliance shall be required
according to the schedule specified in paragraph (a)(11)(iii)(A) or (B)
of this section, as appropriate.
(A) Compliance shall be required before the end of the standard
calendar period within which the initial compliance date occurs if there
remain at least 3 days for tasks that must be performed weekly, at least
2 weeks for tasks that must be performed monthly, at least 1 month for
tasks that must be performed each quarter, or at least 3 months for
tasks that must be performed annually; or
(B) In all other cases, compliance shall be required before the end
of the first full standard calendar period after the period within which
the initial compliance date occurs.
(iv) In all instances where a provision of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during each
period, provided the task is conducted at a reasonable interval after
completion of the task during the previous period.
(12) In all cases where the provisions of this subpart require an
owner or operator to repair leaks by a specified time after the leak is
detected, it is a violation of this section to fail to take action to
repair the leaks within the specified time. If action is taken to repair
the leaks within the specified time, failure of that action to
successfully repair the leak is not a violation of this section.
However, if the repairs are unsuccessful, a leak is detected and the
owner or operator shall take further action as required by applicable
provisions of this section.
(b) References. (1) The owner or operator of a source subject to
this section shall comply with the provisions of subpart H of this part,
as specified in paragraphs (b)(2) through (4) of this section. The term
``process unit'' as used in subpart H of this part shall be considered
to be defined the same as ``group of processes'' for sources subject to
this subpart GGG. The term ``fuel gas system,'' as used in subpart H of
this part, shall not apply for the purposes of this subpart GGG.
(2) Sections 63.160, 63.161, 63.162, 63.163, 63.167, 63.168, 63.170,
63.173, 63.175, 63.176, 63.181, and 63.182 shall not apply for the
purposes of this subpart GGG. The owner or operator shall comply with
the provisions specified in paragraphs (b)(2)(i) through (viii) of this
section.
(i) Sections 63.160 and 63.162 shall not apply; instead, the owner
or operator shall comply with paragraph (a) of this section;
(ii) Section 63.161 shall not apply; instead, the owner or operator
shall comply with Sec. 63.1251;
(iii) Sections 63.163 and 63.173 shall not apply; instead, the owner
or operator shall comply with paragraph (c) of this section;
(iv) Section 63.167 shall not apply; instead, the owner or operator
shall comply with paragraph (d) of this section;
(v) Section 63.168 shall not apply; instead, the owner or operator
shall comply with paragraph (e) of this section;
[[Page 142]]
(vi) Section 63.170 shall not apply; instead, the owner or operator
shall comply with Sec. 63.1254;
(vii) Section 63.181 shall not apply; instead, the owner or operator
shall comply with paragraph (g) of this section; and
(viii) Section 63.182 shall not apply; instead, the owner or
operator shall comply with paragraph (h) of this section.
(3) The owner or operator shall comply with Sec. Sec. 63.164,
63.165, 63.166, 63.169, 63.177, and 63.179 in their entirety, except
that when these sections reference other sections of subpart H of this
part, the references shall mean the sections specified in paragraphs
(b)(2) and (4) of this section. Section 63.164 applies to compressors.
Section 63.165 applies to pressure relief devices in gas/vapor service.
Section 63.166 applies to sampling connection systems. Section 63.169
applies to pumps, valves, connectors, and agitators in heavy liquid
service; instrumentation systems; and pressure relief devices in liquid
service. Section 63.177 applies to general alternative means of emission
limitation. Section 63.179 applies to alternative means of emission
limitation for enclosed-vented process units.
(4) The owner or operator shall comply with Sec. Sec. 63.171,
63.172, 63.174, 63.178, and 63.180, except as specified in paragraphs
(b)(4)(i) through (vi) of this section.
(i) Section 63.171 shall apply, except Sec. 63.171(a) shall not
apply. Instead, delay of repair of equipment for which leaks have been
detected is allowed if one of the conditions in paragraphs (b)(4)(i)(A)
through (B) exists:
(A) The repair is technically infeasible without a process shutdown.
Repair of this equipment shall occur by the end of the next scheduled
process shutdown.
(B) The owner or operator determines that repair personnel would be
exposed to an immediate danger if attempting to repair without a process
shutdown. Repair of this equipment shall occur by the end of the next
scheduled process shutdown.
(ii) Section 63.172 shall apply for closed-vent systems used to
comply with this section, and for control devices used to comply with
this section only, except:
(A) Section 63.172(k) and (l) shall not apply. The owner or operator
shall instead comply with paragraph (f) of this section.
(B) Owners or operators may, instead of complying with the
provisions of Sec. 63.172(f), design a closed-vent system to operate at
a pressure below atmospheric pressure. The system shall be equipped with
at least one pressure gage or other pressure measurement device that can
be read from a readily accessible location to verify that negative
pressure is being maintained in the closed-vent system when the
associated control device is operating.
(C) The requirements apply at all times, except as specified in
Sec. 63.1250(g). The owner or operator may not comply with the planned
routine maintenance provisions in Sec. 63.1252(h).
(iii) Section 63.174 shall apply except:
(A) Section 63.174(f), (g), and (h) shall not apply. Instead of
Sec. 63.174(f), (g), and (h), the owner or operator shall comply with
paragraph (f) of this section. Section 63.174(b)(3) shall not apply.
Instead of Sec. 63.174(b)(3), the owner or operator shall comply with
paragraphs (b)(4)(iii)(B) through (F) of this section.
(B) If the percent leaking connectors in a group of processes was
greater than or equal to 0.5 percent during the initial monitoring
period, monitoring shall be performed once per year until the percent
leaking connectors is less than 0.5 percent.
(C) If the percent leaking connectors in the group of processes was
less than 0.5 percent, but equal to or greater than 0.25 percent, during
the initial or last required monitoring period, the owner or operator
may elect to monitor once every 4 years. An owner or operator may comply
with the requirements of this paragraph by monitoring at least 40
percent of the connectors in the first 2 years and the remainder of the
connectors within the next 2 years. The percent leaking connectors will
be calculated for the total of all required monitoring performed during
the 4-year period.
(D) Except as provided in paragraph (b)(4)(iii)(B) of this section,
if leaking connectors comprise at least 0.5 percent but less than 1.0
percent of the
[[Page 143]]
connectors during the last monitoring period, the owner or operator
shall monitor at least once every 2 years for the next monitoring
period. At the end of that 2-year monitoring period, if the percent
leaking connectors is greater than or equal to 0.5 percent, the owner or
operator shall monitor once per year until the percent leaking
connectors is less than 0.5 percent. If, at the end of a monitoring
period, the percent leaking connectors is less than 0.5 percent, the
owner or operator shall monitor in accordance with paragraph
(b)(4)(iii)(C) or (F) of this section, as appropriate.
(E) If an owner or operator determines that 1 percent or greater of
the connectors in a group of processes are leaking, the owner or
operator shall monitor the connectors once per year. The owner or
operator may elect to use the provisions of paragraph (b)(4)(iii)(C),
(D), or (F) of this section, as appropriate, after a monitoring period
in which less than 1 percent of the connectors are determined to be
leaking.
(F) The owner or operator may elect to perform monitoring once every
8 years if the percent leaking connectors in the group of processes was
less than 0.25 percent during the initial or last required monitoring
period. An owner or operator shall monitor at least 50 percent of the
connectors in the first 4 years and the remainder of the connectors
within the next 4 years. If the percent leaking connectors in the first
4 years is equal to or greater than 0.35 percent, the monitoring program
shall revert at that time to the appropriate monitoring frequency
specified in paragraph (b)(4)(iii)(C), (D), or (E) of this section.
(iv) Section 63.178 shall apply except:
(A) Section 63.178(b), requirements for pressure testing, may be
applied to all processes (not just batch processes) and to supply lines
between storage and processing areas.
(B) For pumps, the phrase ``at the frequencies specified in Table 1
of this subpart'' in Sec. 63.178(c)(3)(iii) shall mean ``quarterly''
for the purposes of this subpart.
(v) Section 63.180 shall apply except Sec. 63.180(b)(4)(ii)(A)
through (C) shall not apply. Instead, calibration gases shall be a
mixture of methane and air at a concentration of approximately, but less
than, 10,000 parts per million methane for agitators; 2,000 parts per
million for pumps; and 500 parts per million for all other equipment,
except as provided in Sec. 63.180(b)(4)(iii).
(vi) When Sec. Sec. 63.171, 63.172, 63.174, 63.178, and 63.180
reference other sections in subpart H of this part, the references shall
mean those sections specified in paragraphs (b)(2) and (b)(4)(i) through
(v) of this section, as applicable.
(c) Standards for pumps in light liquid service and agitators in
gas/vapor service and in light liquid service. (1) The provisions of
this section apply to each pump that is in light organic HAP liquid
service, and to each agitator in organic HAP gas/vapor service or in
light organic HAP liquid service.
(2)(i) Monitoring. Each pump and agitator subject to this section
shall be monitored quarterly to detect leaks by the method specified in
Sec. 63.180(b) except as provided in Sec. Sec. 63.177, 63.178,
paragraph (f) of this section, and paragraphs (c)(5) through (9) of this
section.
(ii) Leak definition. The instrument reading, as determined by the
method as specified in Sec. 63.180(b), that defines a leak is:
(A) For agitators, an instrument reading of 10,000 parts per million
or greater.
(B) For pumps, an instrument reading of 2,000 parts per million or
greater.
(iii) Visual Inspections. Each pump and agitator shall be checked by
visual inspection each calendar week for indications of liquids dripping
from the pump or agitator seal. If there are indications of liquids
dripping from the pump or agitator seal at the time of the weekly
inspection, the owner or operator shall follow the procedure specified
in either paragraph (c)(2)(iii)(A) or (B) of this section prior to the
next weekly inspection.
(A) The owner or operator shall monitor the pump or agitator by the
method specified in Sec. 63.180(b). If the instrument reading indicates
a leak as specified in paragraph (c)(2)(ii) of this section, a leak is
detected.
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
[[Page 144]]
(3) Repair provisions. (i) When a leak is detected pursuant to
paragraph (c)(2)(i), (c)(2)(iii)(A), (c)(5)(iv)(A), or (c)(5)(vi)(B) of
this section, it shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected, except as provided in
paragraph (b)(4)(i) of this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected. First attempts at repair
include, but are not limited to, the following practices where
practicable:
(A) Tightening of packing gland nuts.
(B) Ensuring that the seal flush is operating at design pressure and
temperature.
(4) Calculation of percent leakers. (i) The owner or operator shall
decide no later than the end of the first monitoring period what groups
of processes will be developed. Once the owner or operator has decided,
all subsequent percent calculations shall be made on the same basis.
(ii) If, calculated on a 1-year rolling average, the greater of
either 10 percent or three of the pumps in a group of processes leak,
the owner or operator shall monitor each pump once per month, until the
calculated 1-year rolling average value drops below 10 percent or three
pumps, as applicable.
(iii) The number of pumps in a group of processes shall be the sum
of all the pumps in organic HAP service, except that pumps found leaking
in a continuous process within 1 quarter after startup of the pump shall
not count in the percent leaking pumps calculation for that one
monitoring period only.
(iv) Percent leaking pumps shall be determined by the following
Equation 3:
%PL = [(PL--PS)/(PT--
PS)] x 100 (Eq. 3)
Where:
%PL = percent leaking pumps
PL = number of pumps found leaking as determined through
periodic monitoring as required in paragraphs (c)(2)(i) and (ii) of this
section.
PT = total pumps in organic HAP service, including those
meeting the criteria in paragraphs (c)(5) and (6) of this section.
PS = number of pumps in a continuous process leaking within 1
quarter of startup during the current monitoring period.
(5) Exemptions. Each pump or agitator equipped with a dual
mechanical seal system that includes a barrier fluid system is exempt
from the requirements of paragraphs (c)(1) through (c)(4)(iii) of this
section, provided the following requirements are met:
(i) Each dual mechanical seal system is:
(A) Operated with the barrier fluid at a pressure that is at all
times greater than the pump/agitator stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is
connected by a closed-vent system to a control device that complies with
the requirements of paragraph (b)(4)(ii) of this section; or
(C) Equipped with a closed-loop system that purges the barrier fluid
into a process stream.
(ii) The barrier fluid is not in light liquid service.
(iii) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(iv) Each pump/agitator is checked by visual inspection each
calendar week for indications of liquids dripping from the pump/agitator
seal. If there are indications of liquids dripping from the pump or
agitator seal at the time of the weekly inspection, the owner or
operator shall follow the procedures specified in either paragraph
(c)(5)(iv)(A) or (B) of this section prior to the next required
inspection.
(A) The owner or operator shall monitor the pump or agitator using
the method specified in Sec. 63.180(b) to determine if there is a leak
of organic HAP in the barrier fluid. If the instrument reading indicates
a leak, as specified in paragraph (c)(2)(ii) of this section, a leak is
detected.
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(v) Each sensor as described in paragraph (c)(5)(iii) of this
section is observed daily or is equipped with an alarm unless the pump
is located within the boundary of an unmanned plant site.
(vi)(A) The owner or operator determines, based on design
considerations
[[Page 145]]
and operating experience, criteria applicable to the presence and
frequency of drips and to the sensor that indicate failure of the seal
system, the barrier fluid system, or both.
(B) If indications of liquids dripping from the pump/agitator seal
exceed the criteria established in paragraph (c)(5)(vi)(A) of this
section, or if, based on the criteria established in paragraph
(c)(5)(vi)(A) of this section, the sensor indicates failure of the seal
system, the barrier fluid system, or both, a leak is detected.
(vii) When a leak is detected pursuant to paragraph (c)(5)(iv)(A) or
(B) of this section, the leak must be repaired as specified in paragraph
(c)(3) of this section.
(6) Any pump/agitator that is designed with no externally actuated
shaft penetrating the pump/agitator housing is exempt from the
requirements of paragraphs (c)(1) through (3) of this section.
(7) Any pump/agitator equipped with a closed-vent system capable of
capturing and transporting any leakage from the seal or seals back to
the process or to a control device that complies with the requirements
of paragraph (b)(4)(ii) of this section is exempt from the requirements
of paragraphs (c)(2) through (5) of this section.
(8) Any pump/agitator that is located within the boundary of an
unmanned plant site is exempt from the weekly visual inspection
requirement of paragraphs (c)(2)(iii) and (c)(5)(iv) of this section,
and the daily requirements of paragraph (c)(5)(v) of this section,
provided that each pump/agitator is visually inspected as often as
practicable and at least monthly.
(9) If more than 90 percent of the pumps in a group of processes
meet the criteria in either paragraph (c)(5) or (6) of this section, the
group of processes is exempt from the requirements of paragraph (c)(4)
of this section.
(d) Standards: Open-ended valves or lines. (1)(i) Each open-ended
valve or line shall be equipped with a cap, blind flange, plug, or a
second valve, except as provided in Sec. 63.177 and paragraphs (d)(4)
through (6) of this section.
(ii) The cap, blind flange, plug, or second valve shall seal the
open end at all times except during operations requiring process fluid
flow through the open-ended valve or line, or during maintenance or
repair. The cap, blind flange, plug, or second valve shall be in place
within 1 hour of cessation of operations requiring process fluid flow
through the open-ended valve or line, or within 1 hour of cessation of
maintenance or repair. The owner or operator is not required to keep a
record documenting compliance with the 1-hour requirement.
(2) Each open-ended valve or line equipped with a second valve shall
be operated in a manner such that the valve on the process fluid end is
closed before the second valve is closed.
(3) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (d)(1) of
this section at all other times.
(4) Open-ended valves or lines in an emergency shutdown system which
are designed to open automatically in the event of a process upset are
exempt from the requirements of paragraphs (d)(1) through (d)(3) of this
section.
(5) Open-ended valves or lines containing materials which would
autocatalytically polymerize are exempt from the requirements of
paragraphs (d)(1) through (d)(3) of this section.
(6) Open-ended valves or lines containing materials which could
cause an explosion, serious overpressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraphs (d)(1) through (d)(3) of this section are exempt from the
requirements of paragraphs (d)(1) through (d)(3) of this section.
(e) Standards: Valves in gas/vapor service and in light liquid
service. (1) The provisions of this section apply to valves that are
either in gas organic HAP service or in light liquid organic HAP
service.
(2) For existing and new affected sources, all valves subject to
this section shall be monitored, except as provided in paragraph (f) of
this section and in Sec. 63.177, by no later than 1 year after the
compliance date.
[[Page 146]]
(3) Monitoring. The owner or operator of a source subject to this
section shall monitor all valves, except as provided in paragraph (f) of
this section and in Sec. 63.177, at the intervals specified in
paragraph (e)(4) of this section and shall comply with all other
provisions of this section, except as provided in paragraph (b)(4)(i) of
this section, Sec. Sec. 63.178 and 63.179.
(i) The valves shall be monitored to detect leaks by the method
specified in Sec. 63.180(b).
(ii) An instrument reading of 500 parts per million or greater
defines a leak.
(4) Subsequent monitoring frequencies. After conducting the initial
survey required in paragraph (e)(2) of this section, the owner or
operator shall monitor valves for leaks at the intervals specified
below:
(i) For a group of processes with 2 percent or greater leaking
valves, calculated according to paragraph (e)(6) of this section, the
owner or operator shall monitor each valve once per month, except as
specified in paragraph (e)(9) of this section.
(ii) For a group of processes with less than 2 percent leaking
valves, the owner or operator shall monitor each valve once each
quarter, except as provided in paragraphs (e)(4)(iii) through (e)(4)(v)
of this section.
(iii) For a group of processes with less than 1 percent leaking
valves, the owner or operator may elect to monitor each valve once every
2 quarters.
(iv) For a group of processes with less than 0.5 percent leaking
valves, the owner or operator may elect to monitor each valve once every
4 quarters.
(v) For a group of processes with less than 0.25 percent leaking
valves, the owner or operator may elect to monitor each valve once every
2 years.
(5) Calculation of percent leakers. For a group of processes to
which this subpart applies, an owner or operator may choose to subdivide
the valves in the applicable group of processes and apply the provisions
of paragraph (e)(4) of this section to each subgroup. If the owner or
operator elects to subdivide the valves in the applicable group of
processes, then the provisions of paragraphs (e)(5)(i) through
(e)(5)(viii) of this section apply.
(i) The overall performance of total valves in the applicable group
of processes must be less than 2 percent leaking valves, as detected
according to paragraphs (e)(3) (i) and (ii) of this section and as
calculated according to paragraphs (e)(6) (ii) and (iii) of this
section.
(ii) The initial assignment or subsequent reassignment of valves to
subgroups shall be governed by the provisions of paragraphs (e)(5)(ii)
(A) through (C) of this section.
(A) The owner or operator shall determine which valves are assigned
to each subgroup. Valves with less than 1 year of monitoring data or
valves not monitored within the last 12 months must be placed initially
into the most frequently monitored subgroup until at least 1 year of
monitoring data has been obtained.
(B) Any valve or group of valves can be reassigned from a less
frequently monitored subgroup to a more frequently monitored subgroup
provided that the valves to be reassigned were monitored during the most
recent monitoring period for the less frequently monitored subgroup. The
monitoring results must be included with the less frequently monitored
subgroup's monitoring event and associated next percent leaking valves
calculation for that group.
(C) Any valve or group of valves can be reassigned from a more
frequently monitored subgroup to a less frequently monitored subgroup
provided that the valves to be reassigned have not leaked for the period
of the less frequently monitored subgroup (e.g., for the last 12 months,
if the valve or group of valves is to be reassigned to a subgroup being
monitored annually). Nonrepairable valves may not be reassigned to a
less frequently monitored subgroup.
(iii) The owner or operator shall determine every 6 months if the
overall performance of total valves in the applicable group of processes
is less than 2 percent leaking valves and so indicate the performance in
the next periodic report. If the overall performance of total valves in
the applicable group of processes is 2 percent leaking valves or
greater, the owner or operator shall
[[Page 147]]
revert to the program required in paragraphs (e)(2) through (e)(4) of
this section. The overall performance of total valves in the applicable
group of processes shall be calculated as a weighted average of the
percent leaking valves of each subgroup according to the following
Equation 4:
[GRAPHIC] [TIFF OMITTED] TR21SE98.002
where:
%VLO = overall performance of total valves in the applicable
process or group of processes
%VLi = percent leaking valves in subgroup i, most recent
value calculated according to the procedures in paragraphs (e)(6)(ii)
and (iii) of this section
Vi = number of valves in subgroup i
(iv) Records. In addition to records required by paragraph (g) of
this section, the owner or operator shall maintain records specified in
paragraphs (e)(5)(iv)(A) through (D) of this section.
(A) Which valves are assigned to each subgroup,
(B) Monitoring results and calculations made for each subgroup for
each monitoring period,
(C) Which valves are reassigned and when they were reassigned, and
(D) The results of the semiannual overall performance calculation
required in paragraph (e)(5)(iii) of this section.
(v) The owner or operator shall notify the Administrator no later
than 30 days prior to the beginning of the next monitoring period of the
decision to subgroup valves. The notification shall identify the
participating processes and the valves assigned to each subgroup.
(vi) Semiannual reports. In addition to the information required by
paragraph (h)(3) of this section, the owner or operator shall submit in
the periodic reports the information specified in paragraphs
(e)(5)(vi)(A) and (B) of this section.
(A) Valve reassignments occurring during the reporting period, and
(B) Results of the semiannual overall performance calculation
required by paragraph (e)(5)(iii) of this section.
(vii) To determine the monitoring frequency for each subgroup, the
calculation procedures of paragraph (e)(6)(iii) of this section shall be
used.
(viii) Except for the overall performance calculations required by
paragraphs (e)(5)(i) and (e)(5)(iii) of this section, each subgroup
shall be treated as if it were a process for the purposes of applying
the provisions of this section.
(6)(i) The owner or operator shall decide no later than the
implementation date of this subpart or upon revision of an operating
permit how to group the processes. Once the owner or operator has
decided, all subsequent percentage calculations shall be made on the
same basis.
(ii) Percent leaking valves for each group of processes or subgroup
shall be determined by the following Equation 5:
%VL = [VL/VT] x 100 (Eq. 5)
Where:
%VL = percent leaking valves as determined through periodic
monitoring required in paragraphs (e)(2) through (4) of this section.
VT = total valves monitored, in a monitoring period excluding
valves monitored as required by (e)(7)(iii) of this section
(iii) When determining monitoring frequency for each group of
processes or subgroup subject to monthly, quarterly, or semiannual
monitoring frequencies, the percent leaking valves shall be the
arithmetic average of the percent leaking valves from the last two
monitoring periods. When determining monitoring frequency for each group
of processes or subgroup subject to annual or biennial (once every 2
years) monitoring frequencies, the percent leaking valves shall be the
arithmetic average of the percent leaking valves from the last three
monitoring periods.
(iv)(A) Nonrepairable valves shall be included in the calculation of
percent leaking valves the first time the valve is identified as leaking
and nonrepairable and as required to comply with paragraph (e)(6)(iv)(B)
of this section. Otherwise, a number of nonrepairable valves (identified
and included in the
[[Page 148]]
percent leaking calculation in a previous period) up to a maximum of 1
percent of the total number of valves in organic HAP service at a
process may be excluded from calculation of percent leaking valves for
subsequent monitoring periods.
(B) If the number of nonrepairable valves exceeds 1 percent of the
total number of valves in organic HAP service at a process, the number
of nonrepairable valves exceeding 1 percent of the total number of
valves in organic HAP service shall be included in the calculation of
percent leaking valves.
(7) Repair provisions. (i) When a leak is detected, it shall be
repaired as soon as practicable, but no later than 15 calendar days
after the leak is detected, except as provided in paragraph (b)(4)(i))
of this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(iii) When a leak is repaired, the valve shall be monitored at least
once within the first 3 months after its repair. Days that the valve is
not in organic HAP service shall not be considered part of this 3 month
period. The monitoring required by this paragraph is in addition to the
monitoring required to satisfy the definitions of ``repaired'' and
``first attempt at repair.''
(A) The monitoring shall be conducted as specified in Sec.
63.180(b) and (c) as appropriate to determine whether the valve has
resumed leaking.
(B) Periodic monitoring required by paragraphs (e)(2) through (4) of
this section may be used to satisfy the requirements of paragraph
(e)(7)(iii) of this section, if the timing of the monitoring period
coincides with the time specified in paragraph (e)(7)(iii) of this
section. Alternatively, other monitoring may be performed to satisfy the
requirements of paragraph (e)(7)(iii) of this section, regardless of
whether the timing of the monitoring period for periodic monitoring
coincides with the time specified in paragraph (e)(7)(iii) of this
section.
(C) If a leak is detected by monitoring that is conducted pursuant
to paragraph (e)(7)(iii) of this section, the owner or operator shall
follow the provisions of paragraphs (e)(7)(iii)(C)(1) and (2) of this
section to determine whether that valve must be counted as a leaking
valve for purposes of paragraph (e)(6) of this section.
(1) If the owner or operator elects to use periodic monitoring
required by paragraphs (e)(2) through (4) of this section to satisfy the
requirements of paragraph (e)(7)(iii) of this section, then the valve
shall be counted as a leaking valve.
(2) If the owner or operator elects to use other monitoring prior to
the periodic monitoring required by paragraphs (e)(2) through (4) of
this section to satisfy the requirements of paragraph (e)(7)(iii) of
this section, then the valve shall be counted as a leaking valve unless
it is repaired and shown by periodic monitoring not to be leaking.
(8) First attempts at repair include, but are not limited to, the
following practices where practicable:
(i) Tightening of bonnet bolts,
(ii) Replacement of bonnet bolts,
(iii) Tightening of packing gland nuts, and
(iv) Injection of lubricant into lubricated packing.
(9) Any equipment located at a plant site with fewer than 250 valves
in organic HAP service in the affected source is exempt from the
requirements for monthly monitoring specified in paragraph (e)(4)(i) of
this section. Instead, the owner or operator shall monitor each valve in
organic HAP service for leaks once each quarter, or comply with
paragraph (e)(4)(iii), (iv), or (v) of this section, except as provided
in paragraph (f) of this section.
(f) Unsafe to monitor/inspect, difficult to monitor/inspect, and
inaccessible equipment. (1) Equipment that is designated as unsafe to
monitor, unsafe to inspect, difficult to monitor, difficult to inspect,
or inaccessible is exempt from the monitoring requirements as specified
in paragraphs (f)(1)(i) through (iv) of this section provided the owner
or operator meets the requirements specified in paragraph (f)(2), (3),
or (4) of this section, as applicable. All equipment must be assigned to
a group of processes. Ceramic or ceramic-lined connectors are subject to
the same requirements as inaccessible connectors.
[[Page 149]]
(i) For pumps and agitators, paragraphs (c)(2), (3), and (4) of this
section do not apply.
(ii) For valves, paragraphs (e)(2) through (7) of this section do
not apply.
(iii) For connectors, Sec. 63.174(b) through (e) and paragraphs
(b)(4)(iii)(B) through (F) of this section do not apply.
(iv) For closed-vent systems, Sec. 63.172(f)(1) and (2) and Sec.
63.172(g) do not apply.
(2) Equipment that is unsafe to monitor or unsafe to inspect. (i)
Valves, connectors, agitators, and pumps may be designated as unsafe to
monitor if the owner or operator determines that monitoring personnel
would be exposed to an immediate danger as a consequence of complying
with the monitoring requirements referred to in paragraphs (f)(1)(i)
through (iii) of this section.
(ii) Any part of a closed-vent system may be designated as unsafe to
inspect if the owner or operator determines that monitoring personnel
would be exposed to an immediate danger as a consequence of complying
with the monitoring requirements referred to in paragraph (f)(1)(iv) of
this section.
(iii) The owner or operator of equipment that is designated as
unsafe to monitor must have a written plan that requires monitoring of
the equipment as frequently as practicable during safe to monitor times,
but not more frequently than the periodic monitoring schedule otherwise
applicable to the group of processes in which the equipment is located.
(iv) For any parts of a closed-vent system designated as unsafe to
inspect, the owner or operator must have a written plan that requires
inspection of the closed-vent systems as frequently as practicable
during safe to inspect times, but not more frequently than annually.
(3) Equipment that is difficult to monitor or difficult to inspect.
(i) A valve, agitator, or pump may be designated as difficult to monitor
if the owner or operator determines that the valve, agitator, or pump
cannot be monitored without elevating the monitoring personnel more than
2 meters above a support surface, or it is not accessible in a safe
manner when it is in organic HAP service.
(ii) Any part of a closed-vent system may be designated as difficult
to inspect if the owner or operator determines that the equipment cannot
be inspected without elevating the monitoring personnel more than 2
meters above a support surface, or it is not accessible in a safe manner
when it is in organic HAP service.
(iii) At an existing source, any valve, agitator or pump within a
group of processes that meets the criteria of paragraph (f)(3)(i) of
this section may be designated as difficult to monitor, and any parts of
a closed-vent system that meet the requirements of paragraph (f)(3)(ii)
of this section may be designated as difficult to inspect. At a new
affected source, an owner or operator may designate no more than 3
percent of valves as difficult to monitor.
(iv) The owner or operator of valves, agitators, or pumps designated
as difficult to monitor must have a written plan that requires
monitoring of the equipment at least once per calendar year or on the
periodic monitoring schedule otherwise applicable to the group of
processes in which the equipment is located, whichever is less frequent.
For any part of a closed-vent system designated as difficult to inspect,
the owner or operator must have a written plan that requires inspection
of the closed-vent system at least once every 5 years.
(4) Inaccessible, ceramic, or ceramic-lined connectors. (i) A
connector may be designated as inaccessible if it is:
(A) Buried;
(B) Insulated in a manner that prevents access to the connector by a
monitor probe;
(C) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
(D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold which would allow access to equipment up to 7.6 meters (25
feet) above the ground; or
(E) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift
[[Page 150]]
basket in areas where an ignition potential exists, or access would
require near proximity to hazards such as electrical lines, or would
risk damage to equipment.
(ii) A connector may be designated as inaccessible if it would
require elevating the monitoring personnel more than 2 meters above a
permanent support surface or would require the erection of scaffold.
(iii) At an existing source, any connector that meets the criteria
of paragraph (f)(4)(i) or (ii) of this section may be designated as
inaccessible. At a new affected source, an owner or operator may
designate no more than 3 percent of connectors as inaccessible.
(iv) If any inaccessible, ceramic, or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the leak shall be repaired as soon as practicable, but no later than 15
calendar days after the leak is detected, except as provided in
paragraph (b)(4)(i) of this section.
(v) Any connector that is inaccessible or that is ceramic or
ceramic-lined is exempt from the recordkeeping and reporting
requirements of paragraphs (g) and (h) of this section.
(g) Recordkeeping requirements. (1) An owner or operator of more
than one group of processes subject to the provisions of this section
may comply with the recordkeeping requirements for the groups of
processes in one recordkeeping system if the system identifies with each
record the program being implemented (e.g., quarterly monitoring) for
each type of equipment. All records and information required by this
section shall be maintained in a manner that can be readily accessed at
the plant site. This could include physically locating the records at
the plant site or accessing the records from a central location by
computer at the plant site.
(2) General recordkeeping. Except as provided in paragraph (g)(5)(i)
of this section and in paragraph (a)(9) of this section, the following
information pertaining to all equipment subject to the requirements in
this section shall be recorded:
(i)(A) A list of identification numbers for equipment (except
connectors that are subject to paragraph (f)(4) of this section) subject
to the requirements of this section. Except for equipment subject to the
recordkeeping requirements in paragraphs (g)(2)(ii) through (viii) of
this section, equipment need not be individually identified if, for a
particular type of equipment, all items of that equipment in a
designated area or length of pipe subject to the provisions of this
section are identified as a group, and the number of subject items of
equipment is indicated. The list for each type of equipment shall be
completed no later than the completion of the initial survey required
for that component. The list of identification numbers shall be updated,
if needed, to incorporate equipment changes identified during the course
of each monitoring period within 90 calendar days, or by the next
Periodic Report, following the end of the monitoring period for the type
of equipment component monitored, whichever is later.
(B) A schedule for monitoring connectors subject to the provisions
of Sec. 63.174(a) and valves subject to the provisions of paragraph
(e)(4) of this section.
(C) Physical tagging of the equipment to indicate that it is in
organic HAP service is not required. Equipment subject to the provisions
of this section may be identified on a plant site plan, in log entries,
or by other appropriate methods.
(ii)(A) A list of identification numbers for equipment that the
owner or operator elects to equip with a closed-vent system and control
device, under the provisions of paragraph (c)(7) of this section, Sec.
63.164(h), or Sec. 63.165(c).
(B) A list of identification numbers for compressors that the owner
or operator elects to designate as operating with an instrument reading
of less than 500 parts per million above background, under the
provisions of Sec. 63.164(i).
(iii)(A) A list of identification numbers for pressure relief
devices subject to the provisions in Sec. 63.165(a).
(B) A list of identification numbers for pressure relief devices
equipped with rupture disks, under the provisions of Sec. 63.165(d).
(iv) Identification of instrumentation systems subject to the
provisions of this section. Individual components in
[[Page 151]]
an instrumentation system need not be identified.
(v) The following information shall be recorded for each dual
mechanical seal system:
(A) Design criteria required by paragraph (c)(5)(vi)(A) of this
section and Sec. 63.164(e)(2), and an explanation of the design
criteria; and
(B) Any changes to these criteria and the reasons for the changes.
(vi) A list of equipment designated as unsafe to monitor/inspect or
difficult to monitor/inspect under paragraph (f) of this section and a
copy of the plan for monitoring or inspecting this equipment.
(vii) A list of connectors removed from and added to the process, as
described in Sec. 63.174(i)(1), and documentation of the integrity of
the weld for any removed connectors, as required in Sec. 63.174(j).
This is not required unless the net credits for removed connectors is
expected to be used.
(viii) For equipment that the owner or operator elects to monitor as
provided under Sec. 63.178(c), a list of equipment added to batch
product processes since the last monitoring period required in Sec.
63.178(c)(3)(ii) and (iii). This list must be completed for each type of
equipment within 90 calendar days, or by the next Periodic Report,
following the end of the monitoring period for the type of equipment
monitored, whichever is later. Also, if the owner or operator elects to
adjust monitoring frequency by the time in use, as provided in Sec.
63.178(c)(3)(iii), records demonstrating the proportion of the time
during the calendar year the equipment is in use in a manner subject to
the provisions of this section are required. Examples of suitable
documentation are records of time in use for individual pieces of
equipment or average time in use for the process unit.
(3) Records of visual inspections. For visual inspections of
equipment subject to the provisions of paragraphs (c)(2)(iii) and
(c)(5)(iv) of this section, the owner or operator shall document that
the inspection was conducted and the date of the inspection. The owner
or operator shall maintain records as specified in paragraph (g)(4) of
this section for leaking equipment identified in this inspection, except
as provided in paragraph (g)(5) of this section. These records shall be
retained for 2 years.
(4) Monitoring records. When each leak is detected as specified in
paragraph (c) of this section and Sec. 63.164, paragraph (e) of this
section and Sec. 63.169, and Sec. Sec. 63.172 and 63.174, the
following information shall be recorded and kept for 5 years (at least 2
years onsite, with the remaining 3 years either onsite or offsite):
(i) The instrument and the equipment identification number and the
operator name, initials, or identification number.
(ii) The date the leak was detected and the date of the first
attempt to repair the leak.
(iii) The date of successful repair of the leak.
(iv) The maximum instrument reading measured by Method 21 of 40 CFR
part 60, appendix A, after the leak is successfully repaired or
determined to be nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(A) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures shall be included in a document that is maintained at the
plant site. Reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
(B) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked onsite before depletion and the reason for depletion.
(vi) If repairs were delayed, dates of process shutdowns that occur
while the equipment is unrepaired.
(vii)(A) If the alternative in Sec. 63.174(c)(1)(ii) is not in use
for the monitoring period, identification, either by list, location
(area or grouping), or tagging of connectors disturbed since the last
monitoring period required in Sec. 63.174(b), as described in Sec.
63.174(c)(1).
(B) The date and results of follow-up monitoring as required in
[[Page 152]]
Sec. 63.174(c)(1)(i) and (c)(2)(ii). If identification of disturbed
connectors is made by location, then all connectors within the
designated location shall be monitored.
(viii) The date and results of the monitoring required in Sec.
63.178(c)(3)(i) for equipment added to a batch process since the last
monitoring period required in Sec. 63.178(c)(3)(ii) and (iii). If no
leaking equipment is found in this monitoring, the owner or operator
shall record that the inspection was performed. Records of the actual
monitoring results are not required.
(ix) Copies of the periodic reports as specified in paragraph (h)(3)
of this section, if records are not maintained on a computerized data
base capable of generating summary reports from the records.
(5) Records of pressure tests. The owner or operator who elects to
pressure test a process equipment train or supply lines between storage
and processing areas to demonstrate compliance with this section is
exempt from the requirements of paragraphs (g)(2), (3), (4), and (6) of
this section. Instead, the owner or operator shall maintain records of
the following information:
(i) The identification of each product, or product code, produced
during the calendar year. It is not necessary to identify individual
items of equipment in the process equipment train.
(ii) Physical tagging of the equipment to identify that it is in
organic HAP service and subject to the provisions of this section is not
required. Equipment in a process subject to the provisions of this
section may be identified on a plant site plan, in log entries, or by
other appropriate methods.
(iii) The dates of each pressure test required in Sec. 63.178(b),
the test pressure, and the pressure drop observed during the test.
(iv) Records of any visible, audible, or olfactory evidence of fluid
loss.
(v) When a process equipment train does not pass two consecutive
pressure tests, the following information shall be recorded in a log and
kept for 2 years:
(A) The date of each pressure test and the date of each leak repair
attempt.
(B) Repair methods applied in each attempt to repair the leak.
(C) The reason for the delay of repair.
(D) The expected date for delivery of the replacement equipment and
the actual date of delivery of the replacement equipment.
(E) The date of successful repair.
(6) Records of compressor and relief device compliance tests. The
dates and results of each compliance test required for compressors
subject to the provisions in Sec. 63.164(i) and the dates and results
of the monitoring following a pressure release for each pressure relief
device subject to the provisions in Sec. Sec. 63.165(a) and (b). The
results shall include:
(i) The background level measured during each compliance test.
(ii) The maximum instrument reading measured at each piece of
equipment during each compliance test.
(7) Records for closed-vent systems. The owner or operator shall
maintain records of the information specified in paragraphs (g)(7)(i)
through (iii) of this section for closed-vent systems and control
devices subject to the provisions of paragraph (b)(4)(ii) of this
section. The records specified in paragraph (g)(7)(i) of this section
shall be retained for the life of the equipment. The records specified
in paragraphs (g)(7)(ii) and (g)(7)(iii) of this section shall be
retained for 2 years.
(i) The design specifications and performance demonstrations
specified in paragraphs (g)(7)(i)(A) through (g)(7)(i)(D) of this
section.
(A) Detailed schematics, design specifications of the control
device, and piping and instrumentation diagrams.
(B) The dates and descriptions of any changes in the design
specifications.
(C) The flare design (i.e., steam assisted, air assisted, or
nonassisted) and the results of the compliance demonstration required by
Sec. 63.11(b).
(D) A description of the parameter or parameters monitored, as
required in paragraph (b)(4)(ii) of this section, to ensure that control
devices are operated and maintained in conformance with their design and
an explanation of why that parameter (or parameters) was selected for
the monitoring.
(ii) Records of operation of closed-vent systems and control
devices.
[[Page 153]]
(A) Dates and durations when the closed-vent systems and control
devices required in paragraph (c) of this section and Sec. Sec. 63.164
through 63.166 are not operated as designed as indicated by the
monitored parameters, including periods when a flare pilot light system
does not have a flame.
(B) Dates and durations during which the monitoring system or
monitoring device is inoperative.
(C) Dates and durations of startups and shutdowns of control devices
required in paragraph (c)(7) of this section and Sec. Sec. 63.164
through 63.166.
(iii) Records of inspections of closed-vent systems subject to the
provisions of Sec. 63.172.
(A) For each inspection conducted in accordance with the provisions
of Sec. 63.172(f)(1) or (f)(2) during which no leaks were detected, a
record that the inspection was performed, the date of the inspection,
and a statement that no leaks were detected.
(B) For each inspection conducted in accordance with the provisions
of Sec. 63.172(f)(1) or (f)(2) during which leaks were detected, the
information specified in paragraph (g)(4) of this section shall be
recorded.
(8) Records for components in heavy liquid service. Information,
data, and analysis used to determine that a piece of equipment or
process is in heavy liquid service shall be recorded. Such a
determination shall include an analysis or demonstration that the
process fluids do not meet the criteria of ``in light liquid or gas
service.'' Examples of information that could document this include, but
are not limited to, records of chemicals purchased for the process,
analyses of process stream composition, engineering calculations, or
process knowledge.
(9) Records of exempt components. Identification, either by list,
location (area or group) of equipment in organic HAP service less than
300 hours per year subject to the provisions of this section.
(10) Records of alternative means of compliance determination.
Owners and operators choosing to comply with the requirements of Sec.
63.179 shall maintain the following records:
(i) Identification of the process(es) and the organic HAP they
handle.
(ii) A schematic of the process, enclosure, and closed-vent system.
(iii) A description of the system used to create a negative pressure
in the enclosure to ensure that all emissions are routed to the control
device.
(h) Reporting requirements. (1) Each owner or operator of a source
subject to this section shall submit the reports listed in paragraphs
(h)(1)(i) through (ii) of this section.
(i) A Notification of Compliance Status Report described in
paragraph (h)(2) of this section,
(ii) Periodic reports described in paragraph (h)(3) of this section.
(2) Notification of compliance status report. Each owner or operator
of a source subject to this section shall submit the information
specified in paragraphs (h)(2)(i) through (iii) of this section in the
Notification of Compliance Status Report described in Sec. 63.1260(f).
(i) The notification shall provide the information listed in
paragraphs (h)(2)(i)(A) through (C) of this section for each process
subject to the requirements of paragraphs (b) through (g) of this
section.
(A) Process group identification.
(B) Number of each equipment type (e.g., valves, pumps) in organic
HAP service, excluding equipment in vacuum service.
(C) Method of compliance with the standard (for example, ``monthly
leak detection and repair'' or ``equipped with dual mechanical seals'').
(ii) The notification shall provide the information listed in
paragraphs (h)(2)(ii)(A) and (B) of this section for each process
subject to the requirements of paragraph (b)(4)(iv) of this section and
Sec. 63.178(b).
(A) Products or product codes subject to the provisions of this
section, and
(B) Planned schedule for pressure testing when equipment is
configured for production of products subject to the provisions of this
section.
(iii) The notification shall provide the information listed in
paragraphs (h)(2)(iii)(A) and (B) of this section for each process
subject to the requirements in Sec. 63.179.
(A) Process identification.
(B) A description of the system used to create a negative pressure
in the enclosure and the control device used to
[[Page 154]]
comply with the requirements of paragraph (b)(4)(ii) of this section.
(iv) Section 63.9(j) shall not apply to the Notification of
Compliance Status report described in this paragraph (h)(2).
(3) Periodic reports. The owner or operator of a source subject to
this section shall submit Periodic Reports.
(i) A report containing the information in paragraphs (h)(3)(ii),
(iii), and (iv) of this section shall be submitted semiannually. The
first report shall be submitted no later than 240 days after the
Notification of Compliance Status Report is due and shall cover the 6-
month period beginning on the date the Notification of Compliance Status
Report is due. Each subsequent report shall cover the 6-month period
following the preceding period.
(ii) For equipment complying with the provisions of paragraphs (b)
through (g) of this section, except paragraph (b)(4)(iv) of this section
and Sec. 63.179, the summary information listed in paragraphs
(h)(3)(ii)(A) through (L) of this section for each monitoring period
during the 6-month period.
(A) The number of valves for which leaks were detected as described
in paragraph (e)(3) of this section, the percent leakers, and the total
number of valves monitored;
(B) The number of valves for which leaks were not repaired as
required in paragraph (e)(7) of this section, identifying the number of
those that are determined nonrepairable;
(C) Separately, the number of pumps and agitators for which leaks
were detected as described in paragraph (c)(2) of this section, the
total number of pumps and agitators monitored, and, for pumps, the
percent leakers;
(D) Separately, the number of pumps and agitators for which leaks
were not repaired as required in paragraph (c)(3) of this section;
(E) The number of compressors for which leaks were detected as
described in Sec. 63.164(f);
(F) The number of compressors for which leaks were not repaired as
required in Sec. 63.164(g);
(G) The number of connectors for which leaks were detected as
described in Sec. 63.174(a), the percent of connectors leaking, and the
total number of connectors monitored;
(H) The number of connectors for which leaks were not repaired as
required in Sec. 63.174(d), identifying the number of those that are
determined nonrepairable;
(I) The facts that explain any delay of repairs and, where
appropriate, why a process shutdown was technically infeasible.
(J) The results of all monitoring to show compliance with Sec. Sec.
63.164(i), 63.165(a), and 63.172(f) conducted within the semiannual
reporting period.
(K) If applicable, the initiation of a monthly monitoring program
under either paragraph (c)(4)(ii) or paragraph (e)(4)(i) of this
section.
(L) If applicable, notification of a change in connector monitoring
alternatives as described in Sec. 63.174(c)(1).
(iii) For owners or operators electing to meet the requirements of
Sec. 63.178(b), the report shall include the information listed in
paragraphs (h)(3)(iii)(A) through (E) of this paragraph for each
process.
(A) Product process equipment train identification;
(B) The number of pressure tests conducted;
(C) The number of pressure tests where the equipment train failed
either the retest or two consecutive pressure tests;
(D) The facts that explain any delay of repairs; and
(E) The results of all monitoring to determine compliance with Sec.
63.172(f) of subpart H.
(iv) Any revisions to items reported in earlier Notification of
Compliance Status report, if the method of compliance has changed since
the last report.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52603, Aug. 29, 2000;
66 FR 40132, Aug. 2, 2001; 76 FR 22600, Apr. 21, 2011]
Sec. 63.1256 Standards: Wastewater.
(a) General. Each owner or operator of any affected source (existing
or new) shall comply with the general wastewater requirements in
paragraphs (a)(1) through (3) of this section and the maintenance
wastewater provisions in paragraph (a)(4) of this section. An owner or
operator may transfer wastewater to a treatment operation not
[[Page 155]]
owned by the owner or operator in accordance with paragraph (a)(5) of
this section.
(1) Identify wastewater that requires control. For each POD, the
owner or operator shall comply with the requirements in either paragraph
(a)(1)(i) or (ii) of this section to determine whether a wastewater
stream is an affected wastewater stream that requires control for
soluble and/or partially soluble HAP compounds or to designate the
wastewater stream as an affected wastewater stream, respectively. The
owner or operator may use a combination of the approaches in paragraphs
(a)(1)(i) and (ii) of this section for different affected wastewater
generated at the source.
(i) Determine characteristics of a wastewater stream. At new and
existing sources, a wastewater stream is an affected wastewater stream
if the annual average concentration and annual load exceed any of the
criteria specified in paragraph (a)(1)(i)(A) through (C) of this
section. At new sources, a wastewater stream is subject to additional
control requirements if the annual average concentration and annual load
exceed the criteria specified in paragraphs (a)(1)(i)(D) of this
section. The owner or operator shall comply with the provisions of Sec.
63.1257(e)(1) to determine the annual average concentrations and annual
load of partially soluble and soluble HAP compounds.
(A) The wastewater stream contains partially soluble HAP compounds
at an annual average concentration greater than 1,300 ppmw, and the
total soluble and partially soluble HAP load in all wastewater from the
PMPU exceeds 0.25 Mg/yr.
(B) The wastewater stream contains partially soluble and/or soluble
HAP compounds at an annual average concentration greater than 5,200
ppmw, and the total soluble and partially soluble HAP load in all
wastewater from the PMPU exceeds 0.25 Mg/yr.
(C) The wastewater stream contains partially soluble and/or soluble
HAP at an annual average concentration of greater than 10,000 ppmw, and
the total partially soluble and/or soluble HAP load in all wastewater
from the affected source is greater than 1 Mg/yr.
(D) The wastewater stream contains soluble HAP compounds at an
annual average concentration greater than 110,000 ppmw, and the total
soluble and partially soluble HAP load in all wastewater from the PMPU
exceeds 1 Mg/yr.
(ii) Designate wastewater as affected wastewater. For existing
sources, the owner or operator may elect to designate wastewater streams
as meeting the criteria of either paragraphs (a)(1)(i)(A),(B), or (C) of
this section. For new sources, the owner or operator may elect to
designate wastewater streams meeting the criterion in paragraph
(a)(1)(i)(D) or for wastewater known to contain no soluble HAP, as
meeting the criterion in paragraph (a)(1)(i)(A) of this section. For
designated wastewater the procedures specified in paragraphs
(a)(1)(ii)(A) and (B) of this section shall be followed, except as
specified in paragraphs (g)(8)(i), (g)(9)(i), and (g)(10) of this
section. The owner or operator is not required to determine the annual
average concentration or load for each designated wastewater stream for
the purposes of this section.
(A) From the POD for the wastewater stream that is designated as an
affected wastewater stream to the location where the owner or operator
elects to designate such wastewater stream as an affected wastewater
stream, the owner or operator shall comply with all applicable emission
suppression requirements specified in paragraphs (b) through (f) of this
section.
(B) From the location where the owner or operator designates a
wastewater stream as an affected wastewater stream, such wastewater
stream shall be managed in accordance with all applicable emission
suppression requirements specified in paragraphs (b) through (f) of this
section and with the treatment requirements in paragraph (g) of this
section.
(iii) Scrubber effluent. Effluent from a water scrubber that has
been used to control Table 2 HAP-containing vent streams that are
controlled in order to meet the process vent requirements in Sec.
63.1254 of this subpart is considered an affected wastewater stream.
(2) Requirements for affected wastewater. (i) An owner or operator
of a facility shall comply with the applicable
[[Page 156]]
requirements for wastewater tanks, surface impoundments, containers,
individual drain systems, and oil/water separators as specified in
paragraphs (b) through (f) of this section, except as provided in
paragraph (g)(3) of this section.
(ii) Comply with the applicable requirements for control of soluble
and partially soluble compounds as specified in paragraph (g) of this
section. Alternatively, the owner or operator may elect to comply with
the treatment provisions specified in paragraph (a)(5) of this section.
(iii) Comply with the applicable monitoring and inspection
requirements specified in Sec. 63.1258.
(iv) Comply with the applicable recordkeeping and reporting
requirements specified in Sec. Sec. 63.1259 and 63.1260.
(3) Requirements for multiphase discharges. The owner or operator
shall not discharge a separate phase that can be isolated through
gravity separation from the aqueous phase to a waste management or
treatment unit, unless the stream is discharged to a treatment unit in
compliance with paragraph (g)(13) of this section.
(4) Maintenance wastewater requirements. Each owner or operator of a
source subject to this subpart shall comply with the requirements of
paragraphs (a)(4)(i) through (iv) of this section for maintenance
wastewater containing partially soluble or soluble HAP listed in Tables
2 and 3 of this subpart. Maintenance wastewater is exempt from all other
provisions of this subpart.
(i) The owner or operator shall prepare a description of maintenance
procedures for management of wastewater generated from the emptying and
purging of equipment in the process during temporary shutdowns for
inspections, maintenance, and repair (i.e., a maintenance turnaround)
and during periods which are not shutdowns (i.e., routine maintenance).
The descriptions shall be included in a document that is maintained at
the plant site and shall:
(A) Specify the process equipment or maintenance tasks that are
anticipated to create wastewater during maintenance activities; and
(B) Specify the procedures that will be followed to properly manage
the wastewater and minimize organic HAP emissions to the atmosphere; and
(C) Specify the procedures to be followed when clearing materials
from process equipment.
(ii) The owner or operator shall modify and update the information
required by paragraph (a)(4)(i) of this section as needed following each
maintenance procedure based on the actions taken and the wastewater
generated in the preceding maintenance procedure.
(5) Offsite treatment or onsite treatment not owned or operated by
the source. The owner or operator may elect to transfer affected
wastewater streams or a residual removed from such affected wastewater
to an onsite treatment operation not owned or operated by the owner or
operator of the source generating the wastewater or residual, or to an
offsite treatment operation.
(i) The owner or operator transferring the wastewater or residual
shall:
(A) Comply with the provisions specified in paragraphs (b) through
(f) of this section for each waste management unit that receives or
manages affected wastewater or a residual removed from affected
wastewater prior to shipment or transport.
(B) Include a notice with each shipment or transport of affected
wastewater or residual removed from affected wastewater. The notice
shall state that the affected wastewater or residual contains organic
HAP that are to be treated in accordance with the provisions of this
subpart. When the transport is continuous or ongoing (for example,
discharge to a publicly-owned treatment works), the notice shall be
submitted to the treatment operator initially and whenever there is a
change in the required treatment. The owner or operator shall keep a
record of the notice in accordance with Sec. 63.1259(g).
(ii) The owner or operator may not transfer the affected wastewater
or residual unless the transferee has submitted to the EPA a written
certification that the transferee will manage and treat any affected
wastewater or residual removed from affected wastewater received from a
source subject to the requirements of this subpart in accordance with
the requirements of either:
[[Page 157]]
(A) Paragraphs (b) through (i) of this section; or
(B) Subpart D of this part if alternative emission limitations have
been granted the transferor in accordance with those provisions; or
(C) Section 63.6(g); or
(D) If the affected wastewater streams or residuals removed from
affected wastewater streams received by the transferee contain less than
50 ppmw of partially soluble HAP, then the transferee must, at a
minimum, manage and treat the affected wastewater streams and residuals
in accordance with one of the following:
(1) Comply with paragraph (g)(10) of this section and cover the
waste management units up to the activated sludge unit; or
(2) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section
and cover the waste management units up to the activated sludge unit; or
(3) Comply with paragraph (g)(10) of this section provided that the
owner or operator of the affected source demonstrates that less than 5
percent of the total soluble HAP is emitted from waste management units
up to the activated sludge unit; or
(4) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section
provided that the owner or operator of the affected source demonstrates
that less than 5 percent of the total soluble HAP is emitted from waste
management units up to the activated sludge unit.
(iii) The certifying entity may revoke the written certification by
sending a written statement to the EPA and the owner or operator giving
at least 90 days notice that the certifying entity is rescinding
acceptance of responsibility for compliance with the regulatory
provisions listed in this paragraph. Upon expiration of the notice
period, the owner or operator may not transfer the wastewater stream or
residual to the treatment operation.
(iv) By providing this written certification to the EPA, the
certifying entity accepts responsibility for compliance with the
regulatory provisions listed in paragraph (a)(5)(ii) of this section
with respect to any shipment of wastewater or residual covered by the
written certification. Failure to abide by any of those provisions with
respect to such shipments may result in enforcement action by the EPA
against the certifying entity in accordance with the enforcement
provisions applicable to violations of these provisions by owners or
operators of sources.
(v) Written certifications and revocation statements, to the EPA
from the transferees of wastewater or residuals shall be signed by the
responsible official of the certifying entity, provide the name and
address of the certifying entity, and be sent to the appropriate EPA
Regional Office at the addresses listed in Sec. 63.13. Such written
certifications are not transferable by the treater.
(b) Wastewater tanks. For each wastewater tank that receives,
manages, or treats affected wastewater or a residual removed from
affected wastewater, the owner or operator shall comply with the
requirements of either paragraph (b)(1) or (2) of this section as
specified in Table 6 of this subpart.
(1) The owner or operator shall operate and maintain a fixed roof
except when the contents of the wastewater tank are heated, treated by
means of an exothermic reaction, or sparged, during which time the owner
or operator shall comply with the requirements specified in paragraph
(b)(2) of this section. For the purposes of this paragraph, the
requirements of paragraph (b)(2) of this section are satisfied by
operating and maintaining a fixed roof if the owner or operator
demonstrates that the total soluble and partially soluble HAP emissions
from the wastewater tank are no more than 5 percent higher than the
emissions would be if the contents of the wastewater tank were not
heated, treated by an exothermic reaction, or sparged.
(2) The owner or operator shall comply with the requirements in
paragraphs (b)(3) through (9) of this section and shall operate and
maintain one of the emission control techniques listed in paragraphs
(b)(2)(i) through (iii) of this section.
(i) A fixed roof and a closed-vent system that routes the organic
HAP vapors vented from the wastewater tank to a control device; or
(ii) A fixed roof and an internal floating roof that meets the
requirements
[[Page 158]]
specified in Sec. 63.119(b), with the differences noted in Sec.
63.1257(c)(3)(i) through (iii) for the purposes of this subpart; or
(iii) An external floating roof that meets the requirements
specified in Sec. Sec. 63.119(c), 63.120(b)(5), and 63.120(b)(6), with
the differences noted in Sec. 63.1257(c)(3)(i) through (v) for the
purposes of this subpart.
(3) If the owner or operator elects to comply with the requirements
of paragraph (b)(2)(i) of this section, the fixed roof shall meet the
requirements of paragraph (b)(3)(i) of this section, the control device
shall meet the requirements of paragraph (b)(3)(ii) of this section, and
the closed-vent system shall meet the requirements of paragraph
(b)(3)(iii) of this section.
(i) The fixed roof shall meet the following requirements:
(A) Except as provided in paragraph (b)(3)(iv) of this section, the
fixed roof and all openings (e.g., access hatches, sampling ports, and
gauge wells) shall be maintained in accordance with the requirements
specified in Sec. 63.1258(h).
(B) Each opening shall be maintained in a closed position (e.g.,
covered by a lid) at all times that the wastewater tank contains
affected wastewater or residual removed from affected wastewater except
when it is necessary to use the opening for wastewater sampling,
removal, or for equipment inspection, maintenance, or repair.
(ii) The control device shall be designed, operated, and inspected
in accordance with the requirements of paragraph (h) of this section.
(iii) Except as provided in paragraph (b)(3)(iv) of this section,
the closed-vent system shall be inspected in accordance with the
requirements of Sec. 63.1258(h).
(iv) For any fixed roof tank and closed-vent system that is operated
and maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.1258(h).
(4) If the owner or operator elects to comply with the requirements
of paragraph (b)(2)(ii) of this section, the floating roof shall be
inspected according to the procedures specified in Sec. 63.120(a)(2)
and (3), with the differences noted in Sec. 63.1257(c)(3)(iv) for the
purposes of this subpart.
(5) Except as provided in paragraph (b)(6) of this section, if the
owner or operator elects to comply with the requirements of paragraph
(b)(2)(iii) of this section, seal gaps shall be measured according to
the procedures specified in Sec. 63.120(b)(2)(i) through (b)(4) and the
wastewater tank shall be inspected to determine compliance with Sec.
63.120(b)(5) and (6) according to the schedule specified in Sec.
63.120(b)(1)(i) through (iii).
(6) If the owner or operator determines that it is unsafe to perform
the seal gap measurements specified in Sec. 63.120(b)(2)(i) through
(b)(4) or to inspect the wastewater tank to determine compliance with
Sec. 63.120(b)(5) and (6) because the floating roof appears to be
structurally unsound and poses an imminent or potential danger to
inspecting personnel, the owner or operator shall comply with the
requirements in either paragraph (b)(6)(i) or (ii) of this section.
(i) The owner or operator shall measure the seal gaps or inspect the
wastewater tank within 30 calendar days of the determination that the
floating roof is unsafe.
(ii) The owner or operator shall empty and remove the wastewater
tank from service within 45 calendar days of determining that the roof
is unsafe. If the wastewater tank cannot be emptied within 45 calendar
days, the owner or operator may utilize up to two extensions of up to 30
additional calendar days each. Documentation of a decision to utilize an
extension shall include an explanation of why it was unsafe to perform
the inspection or seal gap measurement, shall document that alternate
storage capacity is unavailable, and shall specify a schedule of actions
that will ensure that the wastewater tank will be emptied as soon as
possible.
(7) Except as provided in paragraph (b)(6) of this section, each
wastewater tank shall be inspected initially, and semiannually
thereafter, for improper work practices in accordance with Sec.
63.1258(g). For wastewater tanks, improper work practice includes, but
is not limited to, leaving open any access
[[Page 159]]
door or other opening when such door or opening is not in use.
(8) Except as provided in paragraph (b)(6) of this section, each
wastewater tank shall be inspected for control equipment failures as
defined in paragraph (b)(8)(i) of this section according to the schedule
in paragraphs (b)(8)(ii) and (iii) of this section in accordance with
Sec. 63.1258(g).
(i) Control equipment failures for wastewater tanks include, but are
not limited to, the conditions specified in paragraphs (b)(8)(i)(A)
through (I) of this section.
(A) The floating roof is not resting on either the surface of the
liquid or on the leg supports.
(B) There is stored liquid on the floating roof.
(C) A rim seal is detached from the floating roof.
(D) There are holes, tears, cracks or gaps in the rim seal or seal
fabric of the floating roof.
(E) There are visible gaps between the seal of an internal floating
roof and the wall of the wastewater tank.
(F) There are gaps between the metallic shoe seal or the liquid
mounted primary seal of an external floating roof and the wall of the
wastewater tank that exceed 212 square centimeters per meter of tank
diameter or the width of any portion of any gap between the primary seal
and the tank wall exceeds 3.81 centimeters.
(G) There are gaps between the secondary seal of an external
floating roof and the wall of the wastewater tank that exceed 21.2
square centimeters per meter of tank diameter or the width of any
portion of any gap between the secondary seal and the tank wall exceeds
1.27 centimeters.
(H) Where a metallic shoe seal is used on an external floating roof,
one end of the metallic shoe does not extend into the stored liquid or
one end of the metallic shoe does not extend a minimum vertical distance
of 61 centimeters above the surface of the stored liquid.
(I) A gasket, joint, lid, cover, or door has a crack or gap, or is
broken.
(ii) The owner or operator shall inspect for the control equipment
failures in paragraphs (b)(8)(i)(A) through (H) according to the
schedule specified in paragraphs (b)(4) and (5) of this section.
(iii) The owner or operator shall inspect for the control equipment
failures in paragraph (b)(8)(i)(I) of this section initially, and
semiannually thereafter.
(9) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification. If a failure that is detected during
inspections required by this section cannot be repaired within 45
calendar days and if the tank cannot be emptied within 45 calendar days,
the owner or operator may utilize up to two extensions of up to 30
additional calendar days each. Documentation of a decision to utilize an
extension shall include a description of the failure, shall document
that alternate storage capacity is unavailable, and shall specify a
schedule of actions that will ensure that the control equipment will be
repaired or the tank will be emptied as soon as practical.
(10) The emission limits specified in Sec. 63.1256 (b)(2) and (h)
for control devices used to control emissions from wastewater tanks do
not apply during periods of planned routine maintenance of the control
device(s) of no more than 240 hours in any 365-day period. The owner or
operator may submit an application to the Administrator requesting an
extension of this time limit to a total of 360 hours in any 365-day
period. The application must explain why the extension is needed, it
must specify that no affected wastewater will be added to the tank
between the time the 240-hour limit is exceeded and the control device
is again operational, and it must be submitted at least 60 days before
the 240-hour limit will be exceeded. Wastewater tanks shall not be
sparged with air or other gases without an operational control device.
(c) Surface impoundments. For each surface impoundment that
receives, manages, or treats affected wastewater or a residual removed
from affected wastewater, the owner or operator shall comply with the
requirements of
[[Page 160]]
paragraphs (c)(1), (2), and (3) of this section.
(1) The owner or operator shall operate and maintain on each surface
impoundment either a cover (e.g., air-supported structure or rigid
cover) and a closed-vent system that routes the organic hazardous air
pollutants vapors vented from the surface impoundment to a control
device in accordance with paragraphs (c)(1)(i), (iii), (iv), and (v) of
this section, or a floating flexible membrane cover as specified in
paragraph (c)(1)(ii) of this section.
(i) The cover and all openings shall meet the following
requirements:
(A) Except as provided in paragraph (c)(1)(v) of this section, the
cover and all openings (e.g., access hatches, sampling ports, and gauge
wells) shall be maintained in accordance with the requirements specified
in Sec. 63.1258(h).
(B) Each opening shall be maintained in a closed position (e.g.,
covered by a lid) at all times that affected wastewater or residual
removed from affected wastewater is in the surface impoundment except
when it is necessary to use the opening for sampling, removal, or for
equipment inspection, maintenance, or repair.
(C) The cover shall be used at all times that affected wastewater or
residual removed from affected wastewater is in the surface impoundment
except during removal of treatment residuals in accordance with 40 CFR
268.4 or closure of the surface impoundment in accordance with 40 CFR
264.228.
(ii) Floating flexible membrane covers shall meet the requirements
specified in paragraphs (c)(1)(ii)(A) through (F) of this section.
(A) The floating flexible cover shall be designed to float on the
liquid surface during normal operations, and to form a continuous
barrier over the entire surface area of the liquid.
(B) The cover shall be fabricated from a synthetic membrane material
that is either:
(1) High density polyethylene (HDPE) with a thickness no less than
2.5 millimeters (100 mils); or
(2) A material or a composite of different materials determined to
have both organic permeability properties that are equivalent to those
of the material listed in paragraph (c)(1)(ii)(B)(1) of this section,
and chemical and physical properties that maintain the material
integrity for the intended service life of the material.
(C) The cover shall be installed in a manner such that there are no
visible cracks, holes, gaps, or other open spaces between cover section
seams or between the interface of the cover edge and its foundation
mountings.
(D) Except as provided for in paragraph (c)(1)(ii)(E) of this
section, each opening in the floating membrane cover shall be equipped
with a closure device designed to operate such that when the closure
device is secured in the closed position there are no visible cracks,
holes, gaps, or other open spaces in the closure device or between the
perimeter of the cover opening and the closure device.
(E) The floating membrane cover may be equipped with one or more
emergency cover drains for removal of stormwater. Each emergency cover
drain shall be equipped with a slotted membrane fabric cover that covers
at least 90 percent of the area of the opening or a flexible fabric
sleeve seal.
(F) The closure devices shall be made of suitable materials that
will minimize exposure of organic HAP to the atmosphere, to the extent
practical, and will maintain the integrity of the equipment throughout
its intended service life. Factors to be considered in designing the
closure devices shall include: the effects of any contact with the
liquid and its vapor managed in the surface impoundment; the effects of
outdoor exposure to wind, moisture, and sunlight; and the operating
practices used for the surface impoundment on which the floating
membrane cover is installed.
(G) Whenever affected wastewater or residual from affected
wastewater is in the surface impoundment, the floating membrane cover
shall float on the liquid and each closure device shall be secured in
the closed position. Opening of closure devices or removal of the cover
is allowed to provide access to the surface impoundment for performing
routine inspection, maintenance, or other activities needed for normal
operations and/or to remove accumulated sludge or other residues from
the bottom of surface impoundment. Openings shall
[[Page 161]]
be maintained in accordance with Sec. 63.1258(h).
(iii) The control device shall be designed, operated, and inspected
in accordance with paragraph (h) of this section.
(iv) Except as provided in paragraph (c)(1)(v) of this section, the
closed-vent system shall be inspected in accordance with Sec.
63.1258(h).
(v) For any cover and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.1258(h).
(2) Each surface impoundment shall be inspected initially, and
semiannually thereafter, for improper work practices and control
equipment failures in accordance with Sec. 63.1258(g).
(i) For surface impoundments, improper work practice includes, but
is not limited to, leaving open any access hatch or other opening when
such hatch or opening is not in use.
(ii) For surface impoundments, control equipment failure includes,
but is not limited to, any time a joint, lid, cover, or door has a crack
or gap, or is broken.
(3) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification.
(d) Containers. For each container that receives, manages, or treats
affected wastewater or a residual removed from affected wastewater, the
owner or operator shall comply with the requirements of paragraphs
(d)(1) through (5) of this section.
(1) The owner or operator shall operate and maintain a cover on each
container used to handle, transfer, or store affected wastewater or a
residual removed from affected wastewater in accordance with the
following requirements:
(i) Except as provided in paragraph (d)(3)(iv) of this section, if
the capacity of the container is greater than 0.42 m\3\, the cover and
all openings (e.g., bungs, hatches, sampling points, and pressure relief
valves) shall be controlled in accordance with the requirements of
either paragraph (d)(1)(i)(A) or (d)(1)(i)(B) of this section.
(A) The requirements specified in Sec. 63.1258(h); or
(B) The requirements of subpart PP of this part for containers using
level 2 controls that meet the definitions in Sec. 63.923(b)(1) or (2).
(ii) If the capacity of the container is less than or equal to 0.42
m\3\, the owner or operator shall comply with either paragraph
(d)(1)(ii)(A) or (B) of this section.
(A) The container must meet existing Department of Transportation
specifications and testing requirements under 49 CFR part 178; or
(B) Except as provided in paragraph (d)(3)(iv) of this section, the
cover and all openings shall be maintained without leaks as specified in
Sec. 63.1258(h).
(iii) The cover and all openings shall be maintained in a closed
position (e.g., covered by a lid) at all times that affected wastewater
or a residual removed from affected wastewater is in the container
except when it is necessary to use the opening for filling, removal,
inspection, sampling, or pressure relief events related to safety
considerations.
(2) Filling of large containers. Pumping affected wastewater or a
residual removed from affected wastewater into a container with a
capacity greater than or equal to 0.42 m\3\ shall be conducted in
accordance with the conditions in paragraphs (d)(2)(i) and (ii) of this
section.
(i) Comply with any one of the procedures specified in paragraph
(d)(2)(i)(A), (B), or (C) of this section.
(A) Use a submerged fill pipe. The submerged fill pipe outlet shall
extend to no more than 6 inches or within two fill pipe diameters of the
bottom of the container while the container is being filled.
(B) Locate the container within an enclosure with a closed-vent
system that routes the organic HAP vapors vented from the container to a
control device.
(C) Use a closed-vent system to vent the displaced organic vapors
vented from the container to a control device or back to the equipment
from which the wastewater is transferred.
[[Page 162]]
(ii) The cover shall remain in place and all openings shall be
maintained in a closed position except for those openings required for
the submerged fill pipe and for venting of the container to prevent
physical damage or permanent deformation of the container or cover.
(3) During treatment of affected wastewater or a residual removed
from affected wastewater, including aeration, thermal or other
treatment, in a container, whenever it is necessary for the container to
be open, the container shall be located within an enclosure with a
closed-vent system that routes the organic HAP vapors vented from the
container to a control device.
(i) Except as provided in paragraph (d)(3)(iv) of this section, the
enclosure and all openings (e.g., doors, hatches) shall be maintained in
accordance with the requirements specified in Sec. 63.1258(h).
(ii) The control device shall be designed, operated, and inspected
in accordance with paragraph (h) of this section.
(iii) Except as provided in paragraph (d)(3)(iv) of this section,
the closed-vent system shall be inspected in accordance with Sec.
63.1258(h).
(iv) For any enclosure and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.1258(h).
(4) Each container shall be inspected initially, and semiannually
thereafter, for improper work practices and control equipment failures
in accordance with Sec. 63.1258(g).
(i) For containers, improper work practice includes, but is not
limited to, leaving open any access hatch or other opening when such
hatch or opening is not in use.
(ii) For containers, control equipment failure includes, but is not
limited to, any time a cover or door has a gap or crack, or is broken.
(5) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 15 calendar
days after identification.
(e) Individual drain systems. For each individual drain system that
receives or manages affected wastewater or a residual removed from
affected wastewater, the owner or operator shall comply with the
requirements of paragraphs (e) (1), (2), and (3) or with paragraphs (e)
(4), (5), and (6) of this section.
(1) If the owner or operator elects to comply with this paragraph,
the owner or operator shall operate and maintain on each opening in the
individual drain system a cover and if vented, route the vapors to a
process or through a closed-vent system to a control device. The owner
or operator shall comply with the requirements of paragraphs (e)(1) (i)
through (v) of this section.
(i) The cover and all openings shall meet the following
requirements:
(A) Except as provided in paragraph (e)(1)(iv) of this section, the
cover and all openings (e.g., access hatches, sampling ports) shall be
maintained in accordance with the requirements specified in Sec.
63.1258(h).
(B) The cover and all openings shall be maintained in a closed
position at all times that affected wastewater or a residual removed
from affected wastewater is in the drain system except when it is
necessary to use the opening for sampling or removal, or for equipment
inspection, maintenance, or repair.
(ii) The control device shall be designed, operated, and inspected
in accordance with paragraph (h) of this section.
(iii) Except as provided in paragraph (e)(1)(iv) of this section,
the closed-vent system shall be inspected in accordance with Sec.
63.1258(h).
(iv) For any cover and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.1258(h).
(v) The individual drain system shall be designed and operated to
segregate the vapors within the system from other drain systems and the
atmosphere.
(2) Each individual drain system shall be inspected initially, and
semiannually thereafter, for improper work
[[Page 163]]
practices and control equipment failures, in accordance with Sec.
63.1258(g).
(i) For individual drain systems, improper work practice includes,
but is not limited to, leaving open any access hatch or other opening
when such hatch or opening is not in use for sampling or removal, or for
equipment inspection, maintenance, or repair.
(ii) For individual drain systems, control equipment failure
includes, but is not limited to, any time a joint, lid, cover, or door
has a gap or crack, or is broken.
(3) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 15 calendar
days after identification.
(4) If the owner or operator elects to comply with this paragraph,
the owner or operator shall comply with the requirements in paragraphs
(e)(4) (i) through (iii) of this section:
(i) Each drain shall be equipped with water seal controls or a
tightly fitting cap or plug. The owner or operator shall comply with
paragraphs (e)(4)(i)(A) and (B) of this section.
(A) For each drain equipped with a water seal, the owner or operator
shall ensure that the water seal is maintained. For example, a flow-
monitoring device indicating positive flow from a main to a branch water
line supplying a trap or water being continuously dripped into the trap
by a hose could be used to verify flow of water to the trap. Visual
observation is also an acceptable alternative.
(B) If a water seal is used on a drain receiving affected
wastewater, the owner or operator shall either extend the pipe
discharging the wastewater below the liquid surface in the water seal of
the receiving drain, or install a flexible shield (or other enclosure
which restricts wind motion across the open area between the pipe and
the drain) that encloses the space between the pipe discharging the
wastewater to the drain receiving the wastewater. (Water seals which are
used on hubs receiving wastewater that is not subject to the provisions
of this subpart for the purpose of eliminating cross ventilation to
drains carrying affected wastewater are not required to have a flexible
shield or extended subsurface discharging pipe.)
(ii) Each junction box shall be equipped with a tightly fitting
solid cover (i.e., no visible gaps, cracks, or holes) which shall be
kept in place at all times except during inspection and maintenance. If
the junction box is vented, the owner or operator shall comply with the
requirements in paragraph (e)(4)(ii) (A) or (B) of this section.
(A) The junction box shall be vented to a process or through a
closed-vent system to a control device. The closed-vent system shall be
inspected in accordance with the requirements of Sec. 63.1258(h) and
the control device shall be designed, operated, and inspected in
accordance with the requirements of paragraph (h) of this section.
(B) If the junction box is filled and emptied by gravity flow (i.e.,
there is no pump) or is operated with no more than slight fluctuations
in the liquid level, the owner or operator may vent the junction box to
the atmosphere provided that the junction box complies with the
requirements in paragraphs (e)(4)(ii)(B) (1) and (2) of this section.
(1) The vent pipe shall be at least 90 centimeters in length and no
greater than 10.2 centimeters in nominal inside diameter.
(2) Water seals shall be installed and maintained at the wastewater
entrance(s) to or exit from the junction box restricting ventilation in
the individual drain system and between components in the individual
drain system. The owner or operator shall demonstrate (e.g., by visual
inspection or smoke test) upon request by the Administrator that the
junction box water seal is properly designed and restricts ventilation.
(iii) The owner or operator shall operate and maintain sewer lines
as specified in paragraphs (e)(4)(iii)(A) and (B) of this section.
(A) Except as specified in paragraph (e)(4)(iii)(B) of this section,
each sewer line shall not be open to the atmosphere and shall be covered
or enclosed in a manner so as to have no visible
[[Page 164]]
gaps or cracks in joints, seals, or other emission interfaces.
Note: This provision applies to sewers located inside and outside of
buildings.
(B) A sewer line connected to drains that are in compliance with
paragraph (e)(4)(i) of this section may be vented to the atmosphere,
provided that the sewer line entrance to the first downstream junction
box is water sealed and the sewer line vent pipe is designed as
specified in paragraph (e)(4)(ii)(B)(1) of this section.
(5) Equipment used to comply with paragraphs (e)(4) (i), (ii), or
(iii) of this section shall be inspected as follows:
(i) Each drain using a tightly fitting cap or plug shall be visually
inspected initially, and semiannually thereafter, to ensure caps or
plugs are in place and that there are no gaps, cracks, or other holes in
the cap or plug.
(ii) Each junction box shall be visually inspected initially, and
semiannually thereafter, to ensure that there are no gaps, cracks, or
other holes in the cover.
(iii) The unburied portion of each sewer line shall be visually
inspected initially, and semiannually thereafter, for indication of
cracks or gaps that could result in air emissions.
(6) Except as provided in paragraph (i) of this section, when a gap,
hole, or crack is identified in a joint or cover, first efforts at
repair shall be made no later than 5 calendar days after identification,
and repair shall be completed within 15 calendar days after
identification.
(f) Oil-water separators. For each oil-water separator that
receives, manages, or treats affected wastewater or a residual removed
from affected wastewater, the owner or operator shall comply with the
requirements of paragraphs (f)(1) through (6) of this section.
(1) The owner or operator shall maintain one of the following:
(i) A fixed roof and a closed-vent system that routes the organic
HAP vapors vented from the oil-water separator to a control device. The
fixed roof, closed-vent system, and control device shall meet the
requirements specified in paragraph (f)(2) of this section;
(ii) A floating roof that meets the requirements in 40 CFR 60.693-
2(a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For portions of the
oil-water separator where it is infeasible to construct and operate a
floating roof, such as over the weir mechanism, the owner or operator
shall operate and maintain a fixed roof, closed-vent system, and control
device that meet the requirements specified in paragraph (f)(2) of this
section.
(2) A fixed roof shall meet the requirements of paragraph (f)(2)(i)
of this section, a control device shall meet the requirements of
paragraph (f)(2)(ii) of this section, and a closed-vent system shall
meet the requirements of (f)(2)(iii) of this section.
(i) The fixed roof shall meet the following requirements:
(A) Except as provided in (f)(2)(iv) of this section, the fixed roof
and all openings (e.g., access hatches, sampling ports, and gauge wells)
shall be maintained in accordance with the requirements specified in
Sec. 63.1258(h).
(B) Each opening shall be maintained in a closed, sealed position
(e.g., covered by a lid that is gasketed and latched) at all times that
the oil-water separator contains affected wastewater or a residual
removed from affected wastewater except when it is necessary to use the
opening for sampling or removal, or for equipment inspection,
maintenance, or repair.
(ii) The control device shall be designed, operated, and inspected
in accordance with the requirements of paragraph (h) of this section.
(iii) Except as provided in paragraph (f)(2)(iv) of this section,
the closed-vent system shall be inspected in accordance with the
requirements of Sec. 63.1258(h).
(iv) For any fixed-roof and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements of Sec. 63.1258(h).
(3) If the owner or operator elects to comply with the requirements
of paragraph (f)(1)(ii) of this section, seal gaps shall be measured
according to the procedures specified in 40 CFR part 60, subpart QQQ
Sec. 60.696(d)(1) and the schedule specified in paragraphs (f)(3)(i)
and (ii) of this section.
[[Page 165]]
(i) Measurement of primary seal gaps shall be performed within 60
calendar days after installation of the floating roof and introduction
of affected wastewater or a residual removed from affected wastewater
and once every 5 years thereafter.
(ii) Measurement of secondary seal gaps shall be performed within 60
calendar days after installation of the floating roof and introduction
of affected wastewater or a residual removed from affected wastewater
and once every year thereafter.
(4) Each oil-water separator shall be inspected initially, and
semiannually thereafter, for improper work practices in accordance with
Sec. 63.1258(g). For oil-water separators, improper work practice
includes, but is not limited to, leaving open or ungasketed any access
door or other opening when such door or opening is not in use.
(5) Each oil-water separator shall be inspected for control
equipment failures as defined in paragraph (f)(5)(i) of this section
according to the schedule specified in paragraphs (f)(5)(ii) and (iii)
of this section.
(i) For oil-water separators, control equipment failure includes,
but is not limited to, the conditions specified in paragraphs
(f)(5)(i)(A) through (G) of this section.
(A) The floating roof is not resting on either the surface of the
liquid or on the leg supports.
(B) There is stored liquid on the floating roof.
(C) A rim seal is detached from the floating roof.
(D) There are holes, tears, or other open spaces in the rim seal or
seal fabric of the floating roof.
(E) There are gaps between the primary seal and the separator wall
that exceed 67 square centimeters per meter of separator wall perimeter
or the width of any portion of any gap between the primary seal and the
separator wall exceeds 3.8 centimeters.
(F) There are gaps between the secondary seal and the separator wall
that exceed 6.7 square centimeters per meter of separator wall perimeter
or the width of any portion of any gap between the secondary seal and
the separator wall exceeds 1.3 centimeters.
(G) A gasket, joint, lid, cover, or door has a gap or crack, or is
broken.
(ii) The owner or operator shall inspect for the control equipment
failures in paragraphs (f)(5)(i)(A) through (F) according to the
schedule specified in paragraph (f)(3) of this section.
(iii) The owner or operator shall inspect for control equipment
failures in paragraph (f)(5)(i)(G) of this section initially, and
semiannually thereafter.
(6) Except as provided in paragraph (i) of this section, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification.
(g) Performance standards for treatment processes managing
wastewater and/or residuals removed from wastewater. This section
specifies the performance standards for treating affected wastewater.
The owner or operator shall comply with the requirements as specified in
paragraphs (g)(1) through (6) of this section. Where multiple compliance
options are provided, the options may be used in combination for
different wastewater and/or for different compounds (e.g., soluble
versus partially soluble compounds) in the same wastewater, except where
otherwise provided in this section. Once affected wastewater or a
residual removed from affected wastewater has been treated in accordance
with this subpart, it is no longer subject to the requirements of this
subpart.
(1) Existing source. For a wastewater stream at an existing source
that exceeds or is designated to exceed the concentration and load
criteria in paragraph (a)(1)(i)(A) of this section, the owner or
operator shall comply with a control option in paragraph (g)(8) of this
section. For a wastewater stream at an existing source that exceeds the
concentration and load criteria in either paragraph (a)(1)(i)(B) or (C)
of this section, the owner or operator shall comply with a control
option in paragraph (g)(8) of this section and a control option in
paragraph (g)(9) of this section. As an alternative to the control
options in paragraphs (g)(8) and (g)(9) of this section, the owner or
operator may comply with a control option
[[Page 166]]
in either paragraph (g)(10), (11) or (13) of this section, as
applicable.
(2) New source. For a wastewater stream at a new source that exceeds
or is designated to exceed the concentration and load criteria in
paragraph (a)(1)(i)(A) of this section, the owner or operator shall
comply with a control option in paragraph (g)(8) of this section. For
wastewater at a new source that exceeds the concentration and load
criteria in either paragraph (a)(1)(i)(B) or (C) of this section, but
does not exceed the criteria in paragraph (a)(1)(i)(D) of this section,
the owner or operator shall comply with a control option in paragraph
(g)(8) of this section and a control option in paragraph (g)(9) of this
section. As an alternative to the control options in paragraphs (g)(8)
and/or (9) of this section, the owner or operator may comply with a
control option in either paragraph (g)(10), (11), or (13) of this
section, as applicable. For a wastewater stream at a new source that
exceeds or is designated to exceed the concentration and load criteria
in paragraph (a)(1)(i)(D) of this section, the owner or operator shall
comply with a control option in paragraph (g)(12) or (13) of this
section.
(3) Biological treatment processes. Biological treatment processes
in compliance with this section may be either open or closed biological
treatment processes as defined in Sec. 63.1251. An open biological
treatment process in compliance with this section need not be covered
and vented to a control device. An open or a closed biological treatment
process in compliance with this section and using Sec.
63.1257(e)(2)(iii)(E) or (F) to demonstrate compliance is not subject to
the requirements of paragraphs (b) and (c) of this section. A closed
biological treatment process in compliance with this section and using
Sec. 63.1257(e)(2)(iii)(G) to demonstrate compliance shall comply with
the requirements of paragraphs (b) and (c) of this section. Waste
management units upstream of an open or closed biological treatment
process shall meet the requirements of paragraphs (b) through (f) of
this section, as applicable.
(4) Performance tests and design evaluations. If the Resource
Conservation and Recovery Act (RCRA) option [paragraph (g)(13) of this
section] or the enhanced biological treatment process for soluble HAP
compounds option [paragraph (g)(10) of this section] is selected to
comply with this section, neither a design evaluation nor a performance
test is required. For any other nonbiological treatment process, and for
closed biological treatment processes as defined in Sec. 63.1251, the
owner or operator shall conduct either a design evaluation as specified
in Sec. 63.1257(e)(2)(ii) or performance test as specified in Sec.
63.1257(e)(2)(iii). For each open biological treatment process as
defined in Sec. 63.1251, the owner or operator shall conduct a
performance test as specified in Sec. 63.1257(e)(2)(iii)(E) or (F).
(5) Control device requirements. When gases are vented from the
treatment process, the owner or operator shall comply with the
applicable control device requirements specified in paragraph (h) of
this section and Sec. 63.1257(e)(3), and the applicable leak inspection
provisions specified in Sec. 63.1258(h). This requirement is in
addition to the requirements for treatment systems specified in
paragraphs (g)(8) through (14) of this section. This requirement does
not apply to any open biological treatment process that meets the mass
removal requirements.
(6) Residuals: general. When residuals result from treating affected
wastewater, the owner or operator shall comply with the requirements for
residuals specified in paragraph (g)(14) of this section.
(7) Treatment using a series of treatment processes. In all cases
where the wastewater provisions in this subpart allow or require the use
of a treatment process or control device to comply with emissions
limitations, the owner or operator may use multiple treatment processes
or control devices, respectively. For combinations of treatment
processes where the wastewater stream is conveyed by hard-piping, the
owner or operator shall comply with either the requirements of paragraph
(g)(7)(i) or (ii) of this section. For combinations of treatment
processes where the wastewater stream is not conveyed by hard-piping,
the owner or operator shall comply with the requirements of
[[Page 167]]
paragraph (g)(7)(ii) of this section. For combinations of control
devices, the owner or operator shall comply with the requirements of
paragraph (g)(7)(i) of this section.
(i) Compliance across the combination of all treatment units or
control devices in series. (A) For combinations of treatment processes,
the wastewater stream shall be conveyed by hard-piping between the
treatment processes. For combinations of control devices, the vented gas
stream shall be conveyed by hard-piping between the control devices.
(B) For combinations of treatment processes, each treatment process
shall meet the applicable requirements of paragraphs (b) through (f) of
this section, except as provided in paragraph (g)(3) of this section.
(C) The owner or operator shall identify, and keep a record of, the
combination of treatment processes or of control devices, including
identification of the first and last treatment process or control
device. The owner or operator shall include this information as part of
the treatment process description reported in the Notification of
Compliance Status.
(D) The performance test or design evaluation shall determine
compliance across the combination of treatment processes or control
devices. If a performance test is conducted, the ``inlet'' shall be the
point at which the wastewater stream or residual enters the first
treatment process, or the vented gas stream enters the first control
device. The ``outlet'' shall be the point at which the treated
wastewater stream exits the last treatment process, or the vented gas
stream exits the last control device.
(ii) Compliance across individual units. (A) For combinations of
treatment processes, each treatment process shall meet the applicable
requirements of paragraphs (b) through (f) of this section except as
provided in paragraph (g)(3) of this section.
(B) The owner or operator shall identify, and keep a record of, the
combination of treatment processes, including identification of the
first and last treatment process. The owner or operator shall include
this information as part of the treatment process description reported
in the Notification of Compliance Status report.
(C) The owner or operator shall determine the mass removed or
destroyed by each treatment process. The performance test or design
evaluation shall determine compliance for the combination of treatment
processes by adding together the mass removed or destroyed by each
treatment process and determine the overall control efficiency of the
treatment system.
(8) Control options: Wastewater containing partially soluble HAP
compounds. The owner or operator shall comply with either paragraph
(g)(8)(i) or (ii) of this section for the control of partially soluble
HAP compounds at new or existing sources.
(i) 50 ppmw concentration option. The owner or operator shall comply
with paragraphs (g)(8)(i)(A) and (B) of this section.
(A) Reduce, by removal or destruction, the concentration of total
partially soluble HAP compounds to a level less than 50 ppmw as
determined by the procedures specified in Sec. 63.1257(e)(2)(iii)(B).
(B) This option shall not be used when the treatment process is a
biological treatment process. This option shall not be used when the
wastewater is designated as an affected wastewater as specified in
paragraph (a)(1)(ii) of this section. Dilution shall not be used to
achieve compliance with this option.
(ii) Percent mass removal/destruction option. The owner or operator
shall reduce, by removal or destruction, the mass of total partially
soluble HAP compounds by 99 percent or more. The removal destruction
efficiency shall be determined by the procedures specified in Sec.
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment
processes; Sec. 63.1257(e)(2)(ii) or (iii)(D) for combustion processes;
Sec. 63.1257(e)(2)(iii)(F) for open biological treatment processes; and
Sec. 63.1257(e)(2)(ii) or (iii)(G) for closed biological treatment
processes.
(9) Control options: Wastewater containing soluble HAP compounds.
The owner or operator shall comply with either paragraph (g)(9)(i) or
(ii) of this section for the control of soluble HAP compounds at new or
existing sources.
[[Page 168]]
(i) 520 ppmw concentration option. The owner or operator shall
comply with paragraphs (g)(9)(i)(A) and (B) of this section.
(A) Reduce, by removal or destruction, the concentration of total
soluble HAP compounds to a level less than 520 ppmw as determined in the
procedures specified in Sec. 63.1257(e)(2)(iii)(B).
(B) This option shall not be used when the treatment process is a
biological treatment process. This option shall not be used when the
wastewater is designated as an affected wastewater as specified in
paragraph (a)(1)(ii) of this section. Dilution shall not be used to
achieve compliance with this option.
(ii) Percent mass removal/destruction option. The owner or operator
shall reduce the mass of total soluble HAP by 90 percent or more, either
by removal or destruction. The removal/destruction efficiency shall be
determined by the procedures in Sec. 63.1257(e)(2)(ii) or
(e)(2)(iii)(C) for noncombustion, nonbiological treatment processes;
Sec. 63.1257(e)(2)(ii) or (e)(2)(iii)(D) for combustion processes;
Sec. 63.1257(e)(2)(iii)(F) for open biological treatment processes; and
Sec. 63.1257(e)(2)(ii) or (e)(2)(iii)(G) for closed, biological
treatment processes.
(10) Control option: Enhanced biotreatment for wastewater containing
soluble HAP. The owner or operator may elect to treat affected
wastewater streams containing soluble HAP in an enhanced biological
treatment system, as defined in Sec. 63.1251, provided the wastewater
stream contains less than 50 ppmw partially soluble HAP, or the owner or
operator complies with the requirements of paragraph (g)(8) of this
section before treating the affected wastewater stream in the enhanced
biological treatment system. This option shall not be used when the
wastewater is designated as an affected wastewater as specified in
paragraph (a)(1)(ii) of this section. These treatment processes are
exempt from the design evaluation or performance tests requirements
specified in paragraph (g)(4) of this section.
(11) 95-percent mass reduction option, for biological treatment
processes. The owner or operator of a new or existing source using
biological treatment for any affected wastewater shall reduce the mass
of total soluble and partially soluble HAP sent to that biological
treatment unit by at least 95 percent. All wastewater as defined in
Sec. 63.1251 entering such a biological treatment unit from PMPU's
subject to this subpart shall be included in the demonstration of the
95-percent mass removal. The owner or operator shall comply with
paragraphs (g)(11)(i) through (iv) of this section.
(i) Except as provided in paragraph (g)(11)(iv) of this section, the
owner or operator shall ensure that all wastewater from PMPU's subject
to this subpart entering a biological treatment unit are treated to
destroy at least 95-percent total mass of all soluble and partially
soluble HAP compounds.
(ii) For open biological treatment processes, compliance shall be
determined using the procedures specified in Sec.
63.1257(e)(2)(iii)(E). For closed aerobic biological treatment
processes, compliance shall be determined using the procedures specified
in Sec. 63.1257(e)(2)(ii), (iii)(E), or (iii)(G). For closed anaerobic
biological treatment processes, compliance shall be determined using the
procedures specified in Sec. 63.1257(e)(2)(ii) or (iii)(G).
(iii) For each treatment process or waste management unit that
receives, manages, or treats wastewater subject to this paragraph, from
the POD to the biological treatment unit, the owner or operator shall
comply with paragraphs (b) through (f) of this section for control of
air emissions. When complying with this paragraph, the term affected
wastewater in paragraphs (b) through (f) of this section shall mean all
wastewater from PMPU's, not just affected wastewater.
(iv) If wastewater is in compliance with the requirements in
paragraph (g)(8), (9), or (12) of this section before entering the
biological treatment unit, the hazardous air pollutants mass of that
wastewater is not required to be included in the total mass flow rate
entering the biological treatment unit for the purpose of demonstrating
compliance.
(12) Percent mass removal/destruction option for soluble HAP
compounds at new sources. The owner or operator of a new source shall
reduce, by removal or destruction, the mass flow rate of total
[[Page 169]]
soluble HAP from affected wastewater by 99 percent or more. The removal/
destruction efficiency shall be determined by the procedures in Sec.
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment
processes; Sec. 63.1257(e)(2)(ii) and (iii)(D) for combustion
processes; Sec. 63.1257(e)(2)(iii)(F) for open biological treatment
processes; and Sec. 63.1257(e)(2)(ii) or (iii)(G) for closed biological
treatment processes.
(13) Treatment in a RCRA unit option. The owner or operator shall
treat the affected wastewater or residual in a unit identified in, and
complying with, paragraph (g)(13)(i), (ii), or (iii) of this section.
These units are exempt from the design evaluation or performance tests
requirements specified in paragraph (g)(4) of this section and Sec.
63.1257(e)(2), and from the monitoring requirements specified in
paragraph (a)(2)(iii) of this section, as well as recordkeeping and
reporting requirements associated with monitoring and performance tests.
(i) The wastewater or residual is discharged to a hazardous waste
incinerator for which the owner or operator has been issued a final
permit under 40 CFR part 270 and complies with the requirements of 40
CFR part 264, subpart O, or has certified compliance with the interim
status requirements of 40 CFR part 265, subpart O;
(ii) The wastewater or residual is discharged to a process heater or
boiler burning hazardous waste for which the owner or operator:
(A) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H; or
(B) Has certified compliance with the interim status requirements of
40 CFR part 266, subpart H.
(iii) The wastewater or residual is discharged to an underground
injection well for which the owner or operator has been issued a final
permit under 40 CFR part 270 or 40 CFR part 144 and complies with the
requirements of 40 CFR part 122. The owner or operator shall comply with
all applicable requirements of this subpart prior to the point where the
wastewater enters the underground portion of the injection well.
(14) Residuals. For each residual removed from affected wastewater,
the owner or operator shall control for air emissions by complying with
paragraphs (b) through (f) of this section and by complying with one of
the provisions in paragraphs (g)(14)(i) through (iv) of this section.
(i) Recycle the residual to a production process or sell the
residual for the purpose of recycling. Once a residual is returned to a
production process, the residual is no longer subject to this section.
(ii) Return the residual to the treatment process.
(iii) Treat the residual to destroy the total combined mass flow
rate of soluble and/or partially soluble HAP compounds by 99 percent or
more, as determined by the procedures specified in Sec.
63.1257(e)(2)(iii)(C) or (D).
(iv) Comply with the requirements for RCRA treatment options
specified in paragraph (g)(13) of this section.
(h) Control devices. For each control device or combination of
control devices used to comply with the provisions in paragraphs (b)
through (f) and (g)(5) of this section, the owner or operator shall
operate and maintain the control device or combination of control
devices in accordance with the requirements of paragraphs (h)(1) through
(5) of this section.
(1) Whenever organic HAP emissions are vented to a control device
which is used to comply with the provisions of this subpart, such
control device shall be operating.
(2) The control device shall be designed and operated in accordance
with paragraph (h)(2) (i), (ii), (iii), (iv), or (v) of this section, as
demonstrated by the provisions in Sec. 63.1257(e)(3).
(i) An enclosed combustion device (including but not limited to a
vapor incinerator, boiler, or process heater) shall meet the conditions
in paragraph (h)(2)(i) (A), (B), or (C) of this section, alone or in
combination with other control devices. If a boiler or process heater is
used as the control device, then the vent stream shall be introduced
into the flame zone of the boiler or process heater.
(A) Reduce the organic HAP emissions vented to the control device by
95 percent by weight or greater;
[[Page 170]]
(B) Achieve an outlet TOC concentration of 20 ppmv on a dry basis
corrected to 3 percent oxygen. The owner or operator shall use either
Method 18 of 40 CFR part 60, appendix A, or any other method or data
that has been validated according to the applicable procedures in Method
301 of appendix A of this part; or
(C) Provide a minimum residence time of 0.5 seconds at a minimum
temperature of 760 [deg]C.
(ii) A vapor recovery system (including but not limited to a carbon
adsorption system or condenser), alone or in combination with other
control devices, shall reduce the organic HAP emissions vented to the
control device by 95 percent by weight or greater or achieve an outlet
TOC concentration of 20 ppmv. The 20 ppmv performance standard is not
applicable to compliance with the provisions of paragraphs (c) or (d) of
this section.
(iii) A flare shall comply with the requirements of Sec. 63.11(b).
(iv) A scrubber, alone or in combination with other control devices,
shall reduce the organic HAP emissions in such a manner that 95 weight-
percent is either removed, or destroyed by chemical reaction with the
scrubbing liquid, or achieve an outlet TOC concentration of 20 ppmv. The
20 ppmv performance standard is not applicable to compliance with the
provisions of paragraphs (c) or (d) of this section.
(v) Any other control device used shall, alone or in combination
with other control devices, reduce the organic HAP emissions vented to
the control device by 95 percent by weight or greater or achieve an
outlet TOC concentration of 20 ppmv. The 20 ppmv performance standard is
not applicable to compliance with the provisions of paragraphs (c) or
(d) of this section.
(3) If the control device is a combustion device, the owner or
operator shall comply with the requirements in Sec. 63.1252(g) to
control halogenated vent streams.
(4) Except as provided in paragraph (i) of this section, if gaps,
cracks, tears, or holes are observed in ductwork, piping, or connections
to covers and control devices during an inspection, a first effort to
repair shall be made as soon as practical but no later than 5 calendar
days after identification. Repair shall be completed no later than 15
calendar days after identification or discovery of the defect.
(5) The provisions in paragraphs (h)(1) through (4) of this section
apply at all times, except as specified in Sec. 63.1250(g). The owner
or operator may not comply with the planned routine maintenance
provisions in Sec. 63.1252(h) for vent streams from waste management
units.
(i) Delay of repair. Delay of repair of equipment for which a
control equipment failure or a gap, crack, tear, or hole has been
identified, is allowed if the repair is technically infeasible without a
shutdown, as defined in Sec. 63.1251, or if the owner or operator
determines that emissions of purged material from immediate repair would
be greater than the emissions likely to result from delay of repair.
Repair of this equipment shall occur by the end of the next shutdown.
(1) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified, is allowed
if the equipment is emptied or is no longer used to treat or manage
affected wastewater or residuals removed from affected wastewater.
(2) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified is also
allowed if additional time is necessary due to the unavailability of
parts beyond the control of the owner or operator. Repair shall be
completed as soon as practical. The owner or operator who uses this
provision shall comply with the requirements of Sec. 63.1259(h) to
document the reasons that the delay of repair was necessary.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52607, Aug. 29, 2000;
66 FR 40133, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr.
20, 2006; 76 FR 22600, Apr. 21, 2011]
Sec. 63.1257 Test methods and compliance procedures.
(a) General. Except as specified in paragraph (a)(5) of this
section, the procedures specified in paragraphs (c), (d), (e), and (f)
of this section are required to demonstrate initial compliance with
Sec. Sec. 63.1253, 63.1254, 63.1256, and 63.1252(e), respectively. The
provisions in paragraphs (a)(2) and (3) apply to
[[Page 171]]
performance tests that are specified in paragraphs (c), (d), and (e) of
this section. The provisions in paragraph (a)(5) of this section are
used to demonstrate initial compliance with the alternative standards
specified in Sec. Sec. 63.1253(d) and 63.1254(c). The provisions in
paragraph (a)(6) of this section are used to comply with the outlet
concentration requirements specified in Sec. Sec. 63.1253(c),
63.1254(a)(2)(i), and (a)(3)(ii)(B), 63.1254(b)(i), and 63.1256(h)(2).
Performance tests shall be conducted under such conditions
representative of performance of the affected source for the period
being tested. Upon request, the owner or operator shall make available
to the Administrator such records as may be necessary to determine the
conditions of performance tests.
(1) Design evaluation. To demonstrate that a control device meets
the required control efficiency, a design evaluation must address the
composition and organic HAP concentration of the vent stream entering
the control device. A design evaluation also must address other vent
stream characteristics and control device operating parameters as
specified in any one of paragraphs (a)(1) (i) through (vi) of this
section, depending on the type of control device that is used. If the
vent stream is not the only inlet to the control device, the efficiency
demonstration also must consider all other vapors, gases, and liquids,
other than fuels, received by the control device.
(i) For an enclosed combustion device used to comply with the
provisions of 63.1253 (b)(2) or (c)(2), or 63.1256(h)(2)(i)(C) with a
minimum residence time of 0.5 seconds and a minimum temperature of 760
[deg]C, the design evaluation must document that these conditions exist.
(ii) For a combustion control device that does not satisfy the
criteria in paragraph (a)(1)(i) of this section, the design evaluation
must document control efficiency and address the following
characteristics, depending on the type of control device:
(A) For a thermal vapor incinerator, the design evaluation must
consider the autoignition temperature of the organic HAP, must consider
the vent stream flow rate, and must establish the design minimum and
average temperature in the combustion zone and the combustion zone
residence time.
(B) For a catalytic vapor incinerator, the design evaluation shall
consider the vent stream flow rate and shall establish the design
minimum and average temperatures across the catalyst bed inlet and
outlet.
(C) For a boiler or process heater, the design evaluation shall
consider the vent stream flow rate; shall establish the design minimum
and average flame zone temperatures and combustion zone residence time;
and shall describe the method and location where the vent stream is
introduced into the flame zone.
(iii) For a condenser, the design evaluation shall consider the vent
stream flow rate, relative humidity, and temperature and shall establish
the design outlet organic HAP compound concentration level, design
average temperature of the condenser exhaust vent stream, and the design
average temperatures of the coolant fluid at the condenser inlet and
outlet. The temperature of the gas stream exiting the condenser must be
measured and used to establish the outlet organic HAP concentration.
(iv) For a carbon adsorption system that regenerates the carbon bed
directly onsite in the control device such as a fixed-bed adsorber, the
design evaluation shall consider the vent stream flow rate, relative
humidity, and temperature and shall establish the design exhaust vent
stream organic compound concentration level, adsorption cycle time,
number and capacity of carbon beds, type and working capacity of
activated carbon used for carbon beds, design total regeneration stream
mass or volumetric flow over the period of each complete carbon bed
regeneration cycle, design carbon bed temperature after regeneration,
design carbon bed regeneration time, and design service life of carbon.
For vacuum desorption, the pressure drop shall be included.
(v) For a carbon adsorption system that does not regenerate the
carbon bed directly onsite in the control device such as a carbon
canister, the design evaluation shall consider the vent stream mass or
volumetric flow rate, relative humidity, and temperature
[[Page 172]]
and shall establish the design exhaust vent stream organic compound
concentration level, capacity of carbon bed, type and working capacity
of activated carbon used for carbon bed, and design carbon replacement
interval based on the total carbon working capacity of the control
device and source operating schedule.
(vi) For a scrubber, the design evaluation shall consider the vent
stream composition; constituent concentrations; liquid-to-vapor ratio;
scrubbing liquid flow rate and concentration; temperature; and the
reaction kinetics of the constituents with the scrubbing liquid. The
design evaluation shall establish the design exhaust vent stream organic
compound concentration level and will include the additional information
in paragraphs (a)(1)(vi)(A) and (B) of this section for trays and a
packed column scrubber.
(A) Type and total number of theoretical and actual trays;
(B) Type and total surface area of packing for entire column, and
for individual packed sections if column contains more than one packed
section.
(2) Calculation of TOC or total organic HAP concentration. The TOC
concentration or total organic HAP concentration is the sum of the
concentrations of the individual components. If compliance is being
determined based on TOC, the owner or operator shall compute TOC for
each run using Equation 6 of this subpart. If compliance with the
wastewater provisions is being determined based on total organic HAP,
the owner or operator shall compute total organic HAP using Equation 6
of this subpart, except that only the organic HAP compounds shall be
summed; when determining compliance with paragraph (e)(3)(i) of this
section, only the soluble and partially soluble HAP compounds shall be
summed.
[GRAPHIC] [TIFF OMITTED] TR21SE98.003
where:
CGT=total concentration of TOC in vented gas stream, average
of samples, dry basis, ppmv
CGSi, j=concentration of sample components in vented gas
stream for sample j, dry basis, ppmv
i=identifier for a compound
n=number of components in the sample
j=identifier for a sample
m=number of samples in the sample run
(3) Outlet concentration correction for supplemental gases--(i)
Combustion devices. Except as provided in Sec. 63.1258(b)(5)(ii)(A),
for a combustion device used to comply with an outlet concentration
standard, the actual TOC, organic HAP, and hydrogen halide and halogen
must be corrected to 3 percent oxygen if supplemental gases, as defined
in Sec. 63.1251, are added to the vent stream or manifold. The
integrated sampling and analysis procedures of Method 3B of 40 CFR part
60, appendix A, shall be used to determine the actual oxygen
concentration (%O2d). The samples shall be taken during the
same time that the TOC or total organic HAP or hydrogen halides and
halogen samples are taken. The concentration corrected to 3 percent
oxygen (Cd) shall be computed using Equation 7A of this
subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.002
Where:
Cc = concentration of TOC or total organic HAP or hydrogen
halide and halogen corrected to 3 percent oxygen, dry basis, ppmv
Cm = total concentration of TOC or total organic HAP or
hydrogen halide and halogen in vented gas stream, average of samples,
dry basis, ppmv
%O2d = concentration of oxygen measured in vented gas stream,
dry basis, percent by volume
(ii) Noncombustion devices. Except as provided in Sec.
63.1258(b)(5)(ii)(B), if a control device other than a combustion device
is used to comply with a TOC, organic HAP, or hydrogen halide outlet
concentration standard, the owner or operator must correct the actual
concentration for supplemental gases using Equation 7B of this subpart;
process knowledge and representative operating data may be used to
determine the fraction of the total flow due to supplemental gas.
[GRAPHIC] [TIFF OMITTED] TR29AU00.003
Where:
[[Page 173]]
Ca = corrected outlet TOC, organic HAP, and hydrogen halides
and halogens concentration, dry basis, ppmv
Cm = actual TOC, organic HAP, and hydrogen halides and
halogens concentration measured at control device outlet, dry basis,
ppmv
Va = total volumetric flow rate of all gas streams vented to
the control device, except supplemental gases
Vs = total volumetric flow rate of supplemental gases
(4) Exemptions from compliance demonstrations. An owner or operator
using any control device specified in paragraphs (a)(4)(i) through (iv)
of this section is exempt from the initial compliance provisions in
paragraphs (c), (d), and (e) of this section.
(i) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(ii) A boiler or process heater into which the emission stream is
introduced with the primary fuel.
(iii) A boiler or process heater burning hazardous waste for which
the owner or operator:
(A) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H, or
(B) Has certified compliance with the interim status requirements of
40 CFR part 266, subpart H.
(iv) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(5) Initial compliance with alternative standard. Initial compliance
with the alternative standards in Sec. Sec. 63.1253(d) and 63.1254(c)
for combustion devices is demonstrated when the outlet TOC concentration
is 20 ppmv or less, and the outlet hydrogen halide and halogen
concentration is 20 ppmv or less. Initial compliance with the
alternative standards in Sec. Sec. 63.1253(d) and 63.1254(c) for
noncombustion devices is demonstrated when the outlet TOC concentration
is 50 ppmv or less, and the outlet hydrogen halide and hydrogen
concentration is 50 ppmv or less. To demonstrate initial compliance, the
owner or operator shall be in compliance with the monitoring provisions
in Sec. 63.1258(b)(5) on the initial compliance date. The owner or
operator shall use Method 18 to determine the predominant organic HAP in
the emission stream if the TOC monitor is calibrated on the predominant
HAP.
(6) Initial compliance with the 20 ppmv outlet limit. Initial
compliance with the 20 ppmv TOC and hydrogen halide and halogen
concentration is demonstrated when the outlet TOC concentration is 20
ppmv or less, and the outlet hydrogen halide and halogen concentration
is 20 ppmv or less. To demonstrate initial compliance, the operator
shall use test methods described in paragraph (b) of this section. The
owner or operator shall comply with the monitoring provisions in Sec.
63.1258(b)(1) through (4) on the initial compliance date.
(b) Test methods. When testing is conducted to measure emissions
from an affected source, the test methods specified in paragraphs (b)(1)
through (10) of this section shall be used.
(1) EPA Method 1 or 1A of appendix A of part 60 is used for sample
and velocity traverses.
(2) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for
velocity and volumetric flow rates.
(3) EPA Method 3 of appendix A of part 60 is used for gas analysis.
(4) EPA Method 4 of appendix A of part 60 is used for stack gas
moisture.
(5) [Reserved]
(6) The following methods are specified for concentration
measurements:
(i) Method 18 may be used to determine HAP concentration in any
control device efficiency determination.
(ii) Method 25 of appendix A of part 60 may be used to determine
total gaseous nonmethane organic concentration for control efficiency
determinations in combustion devices.
(iii) Method 26 or 26A of appendix A of part 60 shall be used to
determine hydrogen chloride, hydrogen halide and halogen concentrations
in control device efficiency determinations or in the 20 ppmv outlet
hydrogen halide concentration standard.
(iv) Method 25A of appendix A of part 60 may be used to determine
the HAP or TOC concentration for control device efficiency
determinations under the conditions specified in Method 25 of
[[Page 174]]
appendix A for direct measurement of an effluent with a flame ionization
detector, or in demonstrating compliance with the 20 ppmv TOC outlet
standard. If Method 25A is used to determine the concentration of TOC
for the 20 ppmv standard, the instrument shall be calibrated on methane
or the predominant HAP. If calibrating on the predominant HAP, the use
of Method 25A shall comply with paragraphs (b)(6)(iv)(A) through (C) of
this section.
(A) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume.
(B) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable
if the response from the high level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(C) The span value of the analyzer must be less than 100 ppmv.
(7) Testing conditions for continuous processes. Testing of
emissions on equipment operating as part of a continuous process will
consist of three l-hour runs. Gas stream volumetric flow rates shall be
measured every 15 minutes during each 1-hour run. The HAP concentration
shall be determined from samples collected in an integrated sample over
the duration of each l-hour test run, or from grab samples collected
simultaneously with the flow rate measurements (every 15 minutes). If an
integrated sample is collected for laboratory analysis, the sampling
rate shall be adjusted proportionally to reflect variations in flow
rate. For continuous gas streams, the emission rate used to determine
compliance shall be the average emission rate of the three test runs.
(8) Testing and compliance determination conditions for batch
processes. Testing of emissions on equipment where the flow of gaseous
emissions is intermittent (batch operations) shall be conducted as
specified in paragraphs (b)(8)(i) through (iii) of this section.
(i) Except as provided in paragraph (b)(9) of this section for
condensers, testing shall be conducted at absolute worst-case conditions
or hypothetical worst-case conditions. Gas stream volumetric flow rates
shall be measured at 15-minute intervals. The HAP or TOC concentration
shall be determined from samples collected in an integrated sample over
the duration of the test, or from grab samples collected simultaneously
with the flow rate measurements (every 15 minutes). If an integrated
sample is collected for laboratory analysis, the sampling rate shall be
adjusted proportionally to reflect variations in flow rate. The absolute
worst-case or hypothetical worst-case conditions shall be characterized
by the criteria presented in paragraphs (b)(8)(i)(A) and (B)of this
section. In all cases, a site-specific plan shall be submitted to the
Administrator for approval prior to testing in accordance with Sec.
63.7(c) and Sec. 63.1260(l). The test plan shall include the emission
profile described in paragraph (b)(8)(ii) of this section.
(A) Absolute worst-case conditions are defined by the criteria
presented in paragraph (b)(8)(i)(A)(1) or (2) of this section if the
maximum load is the most challenging condition for the control device.
Otherwise, absolute worst-case conditions are defined by the conditions
in paragraph (b)(8)(i)(A)(3) of this section. The owner or operator must
consider all relevant factors, including load and compound-specific
characteristics in defining absolute worst-case conditions.
(1) The period in which the inlet to the control device will contain
at least 50 percent of the maximum HAP load (in lb) capable of being
vented to the control device over any 8 hour period. An emission profile
as described in paragraph (b)(8)(ii)(A) of this section shall be used to
identify the 8-hour period that includes the maximum projected HAP load.
(2) A 1-hour period of time in which the inlet to the control device
will contain the highest HAP mass loading rate, in lb/hr, capable of
being vented to the control device. An emission profile as described in
paragraph (b)(8)(ii)(A) of this section shall be used to identify the 1-
hour period of maximum HAP loading.
(3) The period of time when the HAP loading or stream composition
(including non-HAP) is most challenging for
[[Page 175]]
the control device. These conditions include, but are not limited to the
following:
(i) Periods when the stream contains the highest combined VOC and
HAP load, in lb/hr, described by the emission profiles in paragraph
(b)(8)(ii) of this section;
(ii) Periods when the streams contain HAP constituents that approach
limits of solubility for scrubbing media;
(iii) Periods when the streams contain HAP constituents that
approach limits of adsorptivity for carbon adsorption systems.
(B) Hypothetical worst-case conditions are simulated test conditions
that, at a minimum, contain the highest hourly HAP load of emissions
that would be predicted to be vented to the control device from the
emissions profile described in paragraph (b)(8)(ii)(B) or (C) of this
section.
(ii) Emissions profile. The owner or operator may choose to perform
tests only during those periods of the worst-case conditions that the
owner or operator selects to control as part of achieving the required
emission reduction. The owner or operator must develop an emission
profile for the vent to the control device that describes the
characteristics of the vent stream at the inlet to the control device
under worst case conditions. The emission profile shall be developed
based on any one of the procedures described in (b)(8)(ii)(A) through
(C) of this section, as required by paragraph (b)(8)(i).
(A) Emission profile by process. The emission profile must consider
all emission episodes that could contribute to the vent stack for a
period of time that is sufficient to include all processes venting to
the stack and shall consider production scheduling. The profile shall
describe the HAP load to the device that equals the highest sum of
emissions from the episodes that can vent to the control device in any
given hour. Emissions per episode shall be calculated using the
procedures specified in paragraph (d)(2) of this section. Emissions per
episode shall be divided by the duration of the episode only if the
duration of the episode is longer than 1 hour.
(B) Emission profile by equipment. The emission profile must consist
of emissions that meet or exceed the highest emissions, in lb/hr, that
would be expected under actual processing conditions. The profile shall
describe equipment configurations used to generate the emission events,
volatility of materials processed in the equipment, and the rationale
used to identify and characterize the emission events. The emissions may
be based on using a compound more volatile than compounds actually used
in the process(es), and the emissions may be generated from all
equipment in the process(es) or only selected equipment.
(C) Emission profile by capture and control device limitation. The
emission profile shall consider the capture and control system
limitations and the highest emissions, in lb/hr, that can be routed to
the control device, based on maximum flowrate and concentrations
possible because of limitations on conveyance and control equipment
(e.g., fans, LEL alarms and safety bypasses).
(iii) Three runs, at a minimum of 1 hour each and a maximum of 8
hours each, are required for performance testing. Each run must occur
over the same worst-case conditions, as defined in paragraph (b)(8)(i)
of this section.
(9) Testing requirements for condensers. For emission streams
controlled using condensers, continuous direct measurement of condenser
outlet gas temperature to be used in determining concentrations per the
design evaluation described in Sec. 63.1257(a)(1)(iii) is required.
(10) Wastewater testing. Wastewater analysis shall be conducted in
accordance with paragraph (b)(10)(i), (ii), (iii), (iv), or (v) of this
section.
(i) Method 305. Use procedures specified in Method 305 of 40 CFR
part 63, appendix A, and comply with requirements specified in paragraph
(b)(10)(vi) of this section.
(ii) EPA Method 624, 625, 1624, 1625, 1666, or 1671. Use procedures
specified in EPA Method 624, 625, 1624, 1625, 1666, or 1671 of 40 CFR
part 136, appendix A, and comply with requirements in paragraph
(b)(10)(vi) of this section.
(iii) Method 8260 or 8270. Use procedures specified in Method 8260
or 8270 in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication No. SW-846, Third
[[Page 176]]
Edition, September 1986, as amended by Update I, November 15, 1992. As
an alternative, an owner or operator may use any more recent, updated
version of Method 8260 or 8270 approved by the EPA. For the purpose of
using Method 8260 or 8270 to comply with this subpart, the owner or
operator must maintain a formal quality assurance program consistent
with either Section 8 of Method 8260 or Method 8270, and this program
must include the following elements related to measuring the
concentrations of volatile compounds:
(A) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, and preparation steps.
(B) Documentation of specific quality assurance procedures followed
during sampling, sample preparation, sample introduction, and analysis.
(C) Measurement of the average accuracy and precision of the
specific procedures, including field duplicates and field spiking of the
material source before or during sampling with compounds having similar
chemical characteristics to the target analytes.
(iv) Other EPA methods. Use procedures specified in the method,
validate the method using the procedures in paragraph (b)(10)(iv)(A) or
(B) of this section, and comply with the procedures in paragraph
(b)(10)(vi) of this section.
(A) Validate the method according to section 5.1 or 5.3 of Method
301 of 40 CFR part 63, appendix A.
(B) Follow the procedure as specified in ``Alternative Validation
Procedure for EPA Waste Methods'' 40 CFR part 63, appendix D.
(v) Methods other than an EPA method. Use procedures specified in
the method, validate the method using the procedures in paragraph
(b)(10)(iv)(A) of this section, and comply with the requirements in
paragraph (b)(10)(vi) of this section.
(vi) Sampling plan. The owner or operator shall prepare a sampling
plan. Wastewater samples shall be collected using sampling procedures
which minimize loss of organic compounds during sample collection and
analysis and maintain sample integrity. The sample plan shall include
procedures for determining recovery efficiency of the relevant partially
soluble and soluble HAP compounds. An example of an acceptable sampling
plan would be one that incorporates similar sampling and sample handling
requirements to those of Method 25D of 40 CFR part 60, appendix A. The
sampling plan shall be maintained at the facility.
(c) Initial compliance with storage tank provisions. The owner or
operator of an affected storage tank shall demonstrate initial
compliance with Sec. 63.1253(b) or (c), as applicable, by fulfilling
the requirements of paragraph (c)(1),or (c)(2), or (c)(3) of this
section.
(1) Performance test. If this option is chosen to demonstrate
initial compliance with the percent reduction requirement of Sec.
63.1253(b)(1) or (c)(1)(i), the efficiency of the control device shall
be calculated using performance test data as specified in paragraphs
(c)(1)(i) through (iii) of this section. To demonstrate initial
compliance with the outlet concentration requirements in Sec.
63.1253(b)(2) and (c)(2), the owner or operator must conduct a
performance test and fulfill the requirements of paragraph (a)(6) of
this section.
(i) Equations 8 and 9 of this subpart shall be used to calculate the
mass rate of total HAP reasonably expected maximum filling rate at the
inlet and outlet of the control device for standard conditions of 20
[deg]C: where:
[GRAPHIC] [TIFF OMITTED] TR21SE98.005
[GRAPHIC] [TIFF OMITTED] TR21SE98.006
where:
Cij, Coj = concentration of sample component j of
the gas stream at the inlet and outlet of the control device,
respectively, dry basis, ppmv
Ei, Eo = mass rate of total HAP at the inlet and
outlet of the control device, respectively, dry basis, kg/hr
Mij, Moj = molecular weight of sample component j
of the gas stream at the inlet and outlet of the control device,
respectively, gram/gram-mole
[[Page 177]]
Qi, Qo = flow rate of gas stream at the inlet and
outlet of the control device, respectively, dry standard cubic meter per
minute
K2 = constant, 2.494 x 10-6 (parts per million)
-1 (gram-mole per standard cubic meter) (kilogram/gram)
(minute/hour), where standard temperature is 20 [deg]C
n = number of sample components in the gas stream
(ii) The percent reduction in total HAP shall be calculated using
Equation 10 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.007
where:
R = control efficiency of control device, percent
Ei = mass rate of total HAP at the inlet to the control
device as calculated under paragraph (c)(1)(i) of this section,
kilograms organic HAP per hour
Eo = mass rate of total HAP at the outlet of the control
device, as calculated under paragraph (c)(1)(i) of this section,
kilograms organic HAP per hour
(iii) A performance test is not required to be conducted if the
control device used to comply with Sec. 63.1253 (storage tank
provisions) is also used to comply with Sec. 63.1254 (process vent
provisions), and compliance with Sec. 63.1254 has been demonstrated in
accordance with paragraph (d) of this section.
(2) Design evaluation. If this option is chosen to demonstrate
initial compliance with the percent reduction requirement of Sec.
63.1253(b) or (c), a design evaluation shall be prepared in accordance
with the provisions in paragraph (a)(1) of this section. The design
evaluation shall include documentation demonstrating that the control
device being used achieves the required control efficiency during
reasonably expected maximum filling rate.
(3) Floating roof. If the owner or operator of an affected source
chooses to comply with the provisions of Sec. 63.1253(b) or (c) by
installing a floating roof, the owner or operator shall comply with the
procedures described in Sec. Sec. 63.119(b), (c), (d), and 63.120(a),
(b), and (c), with the differences noted in paragraphs (c)(3)(i) through
(v) of this section for the purposes of this subpart.
(i) When the term ``storage vessel'' is used in Sec. Sec. 63.119
and 63.120, the definition of ``storage tank'' in Sec. 63.1251 shall
apply for the purposes of this subpart.
(ii) When December 31, 1992 is referred to in Sec. 63.119, April 2,
1997 shall apply instead for the purposes of this subpart.
(iii) When April 22, 1994 is referred to in Sec. 63.119, September
21, 1998 shall apply instead for the purposes of this subpart.
(iv) When the phrase ``the compliance date specified in Sec. 63.100
of subpart F of this part'' is referred to in Sec. 63.120, the phrase
``the compliance date specified in Sec. 63.1250'' shall apply for the
purposes of this subpart.
(v) When the phrase ``the maximum true vapor pressure of the total
organic HAP's in the stored liquid falls below the values defining Group
1 storage vessels specified in table 5 or table 6 of this subpart'' is
referred to in Sec. 63.120(b)(1)(iv), the phrase ``the maximum true
vapor pressure of the total organic HAP in the stored liquid falls below
13.1 kPa'' shall apply for the purposes of this subpart.
(4) Initial compliance with alternative standard. Initial compliance
with Sec. 63.1253(d) is demonstrated by fulfilling the requirements of
paragraph (a)(5) of this section.
(5) Planned maintenance. The owner or operator shall demonstrate
compliance with the requirements of Sec. 63.1253(e) by including the
periods of planned routine maintenance specified by date and time in
each Periodic Report required by Sec. 63.1260.
(d) Initial compliance with process vent provisions. An owner or
operator of an affected source complying with the process vent standards
in Sec. 63.1254 shall demonstrate compliance using the procedures
described in paragraphs (d)(1) through (4) of this section.
(1) Except as provided in paragraph (a)(4) of this section, initial
compliance with the process vent standards in Sec. 63.1254 shall be
demonstrated using the procedures specified in paragraphs (d)(1)(i)
through (iv), as applicable.
(i) Initial compliance with Sec. 63.1254(a)(2)(i) is demonstrated
when the actual emissions of HAP from the sum of all process vents
within a process is less than or equal to 900 kg/yr.
[[Page 178]]
Initial compliance with Sec. 63.1254(a)(2)(ii) is demonstrated when the
actual emissions of HAP from the sum of all process vents in compliance
with Sec. 63.1254(a)(2)(i) is less than or equal to 1,800 kg/yr.
Uncontrolled HAP emissions and controlled HAP emissions shall be
determined using the procedures described in paragraphs (d)(2) and (3)
of this section. Controlled emissions during periods of planned routine
maintenance of a CCCD as specified in Sec. 63.1252(h), must be
calculated assuming the HAP emissions are reduced by 93 percent.
(ii) Initial compliance with the percent reduction requirements in
Sec. 63.1254(a)(1)(i), (a)(3), and (b) is demonstrated by:
(A) Determining controlled HAP emissions using the procedures
described in paragraph (d)(3) of this section, and uncontrolled HAP
emissions determined using the procedures described in paragraph (d)(2)
of this section, and demonstrating that the reductions required by Sec.
63.1254(a)(1)(i), (a)(3), and (b) are met; or
(B) Controlling the process vents using a device meeting the
criteria specified in paragraph (a)(4) of this section.
(iii) Initial compliance with the outlet concentration requirements
in Sec. 63.1254(a)(1)(ii)(A), (a)(3), and (b)(1) is demonstrated when
the outlet TOC concentration is 20 ppmv or less and the outlet hydrogen
halide and halogen concentration is 20 ppmv or less. The owner or
operator shall demonstrate compliance by fulfilling the requirements in
paragraph (a)(6) of this section.
(iv) Initial compliance with Sec. 63.1254(c) is demonstrated by
fulfilling the requirements of paragraph (a)(5) of this section.
(2) Uncontrolled emissions. An owner or operator of an affected
source complying with the emission limitation required by Sec.
63.1254(a)(1), or emissions reductions specified in Sec. 63.1254(a)(2),
(a)(3), or (b), for each process vent within a process, shall calculate
uncontrolled emissions from all equipment in the process according to
the procedures described in paragraph (d)(2)(i) or (ii) of this section,
as appropriate.
(i) Emission estimation procedures. Owners or operators shall
determine uncontrolled emissions of HAP using measurements and/or
calculations for each batch emission episode within each unit operation
according to the engineering evaluation methodology in paragraphs
(d)(2)(i)(A) through (H) of this section. Except where variations are
noted, individual HAP partial pressures in multicomponent systems shall
be determined by the following methods: If the components are miscible
in one another, use Raoult's law to calculate the partial pressures; if
the solution is a dilute aqueous mixture, use Henry's law to calculate
partial pressures; if Raoult's law or Henry's law are not appropriate or
available, use experimentally obtained activity coefficients or models
such as the group-contribution models, to predict activity coefficients,
or assume the components of the system behave independently and use the
summation of all vapor pressures from the HAP as the total HAP partial
pressure. Chemical property data can be obtained from standard reference
texts.
(A) Vapor displacement. Emissions from vapor displacement due to
transfer of material shall be calculated using Equation 11 of this
subpart. The individual HAP partial pressures may be calculated using
Raoult's law.
[GRAPHIC] [TIFF OMITTED] TR21SE98.008
where:
E = mass of HAP emitted
V = volume of gas displaced from the vessel
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
MWi = molecular weight of the individual HAP
n = number of HAP compounds in the emission stream i = identifier for a
HAP compound
(B) Purging. Emissions from purging shall be calculated using
Equation 12 of this subpart. The partial pressures of individual
condensable compounds may be calculated using Raoult's law, the pressure
of the vessel vapor space may be set equal to 760 mmHg, and the partial
pressure of HAP shall be assumed to be 25 percent of the saturated value
[[Page 179]]
if the purge flow rate is greater than 100 standard cubic feet per
minute (scfm).
[GRAPHIC] [TIFF OMITTED] TR21SE98.009
Where:
E = mass of HAP emitted
V = purge flow rate at the temperature and pressure of the vessel vapor
space
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
Pj = partial pressure of individual condensable VOC compounds
(including HAP)
PT = pressure of the vessel vapor space
MWi = molecular weight of the individual HAP
t = time of purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
j = identifier for a condensable compound
m = number of condensable compounds (including HAP) in the emission
stream
(C) Heating. Emissions caused by the heating of a vessel to a
temperature equal to or lower than 10 K below the boiling point shall be
calculated using the procedures in either paragraph (d)(2)(i)(C)(1) or
(3) of this section. Emissions caused by heating a vessel to a
temperature that is higher than 10 K below the boiling point and less
than the boiling point, must be calculated using the procedures in
either paragraph (d)(2)(i)(C) (2) or (3) of this section. If the
contents of a vessel are heated to the boiling point, emissions must be
calculated using the procedures in paragraph (d)(2)(i)(C)(4) of this
section.
(1) This paragraph describes procedures to calculate emissions if
the final temperature to which the vessel contents are heated is 10 K
below the boiling point of the HAP in the vessel, or lower. The owner or
operator shall calculate the mass of HAP emitted per episode using
either Equation 13 or 14 of this subpart. The moles of noncondensable
gas displaced are calculated using Equation 15 of this subpart. The
initial and final pressure of the noncondensable gas in the vessel shall
be calculated using Equation 16 of this subpart. The average molecular
weight of HAP in the displaced gas shall be calculated using Equation 17
of this subpart.
[GRAPHIC] [TIFF OMITTED] TR29AU00.004
[GRAPHIC] [TIFF OMITTED] TR21SE98.011
[[Page 180]]
[GRAPHIC] [TIFF OMITTED] TR21SE98.012
[GRAPHIC] [TIFF OMITTED] TR21SE98.013
[GRAPHIC] [TIFF OMITTED] TR21SE98.014
Where:
E = mass of HAP vapor displaced from the vessel being heated
xi = mole fraction of each HAP in the liquid phase
xj = mole fraction of each condensable VOC (including HAP) in
the liquid phase
Pi* = vapor pressure of each HAP in the vessel headspace at
any temperature between the initial and final heatup temperatures, mmHg.
Pj* = vapor pressure of each condensable VOC (including HAP)
in the vessel headspace at any temperature between the initial and final
heatup temperatures, mmHg.
760 = atmospheric pressure, mmHg
MWHAP = the average molecular weight of HAP present in the
displaced gas
[Delta][eta] = number of moles of noncondensable gas displaced
V = volume of free space in the vessel
R = ideal gas law constant
T1 = initial temperature of vessel contents, absolute
T2 = final temperature of vessel contents, absolute
Pan = partial pressure of noncondensable gas in the vessel
headspace at initial (n=1) and final (n=2) temperature
Patm = atmospheric pressure (when [Delta][eta] is used in
Equation 13 of this subpart, Patm may be set equal to 760
mmHg for any vessel)
(Pj)Tn = partial pressure of each condensable
compound (including HAP) in the vessel headspace at the initial
temperature (n=1) and final (n=2) temperature
m = number of condensable compounds (including HAP) in the displaced
vapor
j = identifier for a condensable compound
(Pi)Tn = partial pressure of each HAP in the
vessel headspace at initial (T1) and final (T2)
temperature
MWi = molecular weight of the individual HAP
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
(2) If the vessel contents are heated to a temperature that is
higher than 10 K below the boiling point and less than the boiling
point, emissions must be calculated using the procedures in paragraph
(d)(2)(i)(C)(2)(i), or (ii), or (iii) of this section.
(i) Use Equation 13 of this subpart. In Equation 13 of this subpart,
the HAP vapor pressures must be determined at the temperature 10 K below
the boiling point. In the calculation of [Delta][eta] for Equation 13 of
this subpart, T2 must be the temperature 10 K below the
boiling point, and Pa2 must be determined at the temperature
10 K below the boiling point.
(ii) Use Equation 14 of this subpart. In Equation 14 of this
subpart, the HAP partial pressures must be deter mined at the
temperature 10 K below the boiling point. In the calculation of
[Delta][eta] for Equation 14 of this subpart, T2 must be the
temperature 10 K below the boiling point, and Pa2 must be
determined at the temperature 10 K below the boiling point. In the
calculation of MWHAP, the HAP partial pressures must be
determined at the temperature 10 K below the boiling point.
(iii) Use Equation 14 of this subpart over specific temperature
increments. If the initial temperature is lower than 10 K below the
boiling point, emissions must be calculated as the sum over two
increments; one increment is from the initial temperature to 10 K below
the boiling point, and the second is from 10 K below the boiling point
to the lower of either the final temperature or the temperature 5 K
below the boiling point. If the initial temperature is
[[Page 181]]
higher than 10 K below the boiling point, emissions are calculated over
one increment from the initial temperature to the lower of either the
final temperature or the temperature 5 K below the boiling point.
(3)(i) Emissions caused by heating a vessel are calculated using
Equation 18 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.015
Where:
E = mass of HAP vapor displaced from the vessel being heated
Navg = average gas space molar volume during the heating
process
PT= total pressure in the vessel
Pi, 1 = partial pressure of the individual HAP compounds at
T1
Pi, 2 = partial pressure of the individual HAP compounds at
T2
MWHAP = average molecular weight of the HAP compounds
ni, 1 = number of moles of condensable in the vessel
headspace at T1
ni, 2 = number of moles of condensable in the vessel
headspace at T2
n = number of HAP compounds in the emission stream
(ii) The average gas space molar volume during the heating process
is calculated using Equation 19 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.016
Where:
Navg = average gas space molar volume during the heating
process
V = volume of free space in vessel
PT = total pressure in the vessel
R = ideal gas law constant
T1 = initial temperature of the vessel
T2 = final temperature of the vessel
(iii) The difference in the number of moles of condensable in the
vessel headspace between the initial and final temperatures is
calculated using Equation 20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.017
Where:
V = volume of free space in vessel
R = ideal gas law constant
T1 = initial temperature in the vessel
T2 = final temperature in the vessel
Pi, 1 = partial pressure of the individual HAP compounds at
T1
Pi, 2 = partial pressure of the individual HAP compounds at
T2
n = number of HAP compounds in the emission stream
(4) If the vessel contents are heated to the boiling point,
emissions must be calculated using the procedure in paragraphs
(d)(2)(i)(C)(4)(i) and (ii) of this section.
(i) Use either of the procedures in paragraph (d)(3)(i)(B)(3) of
this section
[[Page 182]]
to calculate the emissions from heating to the boiling point (note that
Pa2=0 in the calculation of [Delta][eta]); and
(ii) While boiling, the vessel must be operated with a properly
operated process condenser. An initial demonstration that a process
condenser is properly operated is required for some process condensers,
as described in paragraph (d)(3)(iii) of this section.
(D) Depressurization. Emissions from depressurization shall be
calculated using the procedures in either paragraphs (d)(2)(i)(D)(1)
through (4), paragraphs (d)(2)(i)(D)(5) through (9), or paragraph
(d)(2)(i)(D)(10) of this section.
(1) Equations 21 and 22 of this subpart are used to calculate the
initial and final volumes of noncondensable gas present in the vessel,
adjusted to atmospheric pressure. The HAP partial pressures may be
calculated using Raoult's law.
[GRAPHIC] [TIFF OMITTED] TR21SE98.018
[GRAPHIC] [TIFF OMITTED] TR21SE98.019
Where:
Vnc1 = initial volume of noncondensable gas in the vessel
Vnc2 = final volume of noncondensable gas in the vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 23 of this subpart, mmHg
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 24 of this subpart, mmHg
760 = atmospheric pressure, mmHg
(2) The initial and final partial pressures of the noncondensable
gas in the vessel are determined using Equations 23 and 24 of this
subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.020
[GRAPHIC] [TIFF OMITTED] TR21SE98.021
Where:
Pnc1 = initial partial pressure of the noncondensable gas
Pnc2 = final partial pressure of the noncondensable gas
P1 = initial vessel pressure
P2 = final vessel pressure
Pj* = vapor pressure of each condensable (including HAP) in
the emission stream
xj = mole fraction of each condensable (including HAP) in the
liquid phase
m = number of condensable compounds (including HAP) in the emission
stream
j = identifier for a condensable compound
(3) The average ratio of moles of noncondensable to moles of an
individual HAP in the emission stream is calculated using Equation 25 of
this subpart; this calculation must be repeated for each HAP in the
emission stream:
[GRAPHIC] [TIFF OMITTED] TR29AU00.005
Where:
nRi = average ratio of moles of noncondensable to moles of
individual HAP
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 23 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 24 of this subpart
Pi* = vapor pressure of each individual HAP
xi = mole fraction of each individual HAP in the liquid
phase.
n = number of HAP compounds
i = identifier for a HAP compound
(4) The mass of HAP emitted shall be calculated using Equation 26 of
this subpart:
[[Page 183]]
[GRAPHIC] [TIFF OMITTED] TR29AU00.006
Where:
E = mass of HAP emitted
Vnc1 = initial volume of noncondensable gas in the vessel, as
calculated using Equation 21 of this subpart
Vnc2 = final volume of noncondensable gas in the vessel, as
calculated using Equation 22 of this subpart
nRi = average ratio of moles of noncondensable to moles of
individual HAP, as calculated using Equation 25 of this subpart
Patm = atmospheric pressure, standard
R = ideal gas law constant
T = temperature of the vessel, absolute
MWi = molecular weight of each HAP
(5) The moles of HAP vapor initially in the vessel are calculated
using the ideal gas law using Equation 27 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.024
Where:
YHAP = mole fraction of HAP (the sum of the individual HAP
fractions, [Sigma]Yi)
V = free volume in the vessel being depressurized
P1 = initial vessel pressure
R = ideal gas law constant
T = vessel temperature, absolute
(6) The initial and final moles of noncondensable gas present in the
vessel are calculated using Equations 28 and 29 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.025
[GRAPHIC] [TIFF OMITTED] TR21SE98.026
Where:
n1 = initial number of moles of noncondensable gas in the
vessel
n2 = final number of moles of noncondensable gas in the
vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 23 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 24 of this subpart
R = ideal gas law constant
T = temperature, absolute
(7) The initial and final partial pressures of the noncondensable
gas in the vessel are determined using Equations 23 and 24 of this
subpart.
(8) The moles of HAP emitted during the depressurization are
calculated by taking an approximation of the average ratio of moles of
HAP to moles of noncondensable and multiplying by the total moles of
noncondensables released during the depressurization, using Equation 30
of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.027
where:
nHAP = moles of HAP emitted
n1 = initial number of moles of noncondensable gas in the
vessel, as calculated using Equation 28 of this subpart
n2 = final number of moles of noncondensable gas in the
vessel, as calculated using Equation 29 of this subpart
(9) The mass of HAP emitted can be calculated using Equation 31 of
this subpart:
E=[eta]HAP * MWHAP (Eq. 31)
where:
E = mass of HAP emitted
[eta]HAP = moles of HAP emitted, as calculated using Equation
30 of this subpart
[[Page 184]]
MWHAP = average molecular weight of the HAP as calculated
using Equation 17 of this subpart
(10) Emissions from depressurization may be calculated using
equation 32 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR02AU01.034
Where:
V = free volume in vessel being depressurized
R = ideal gas law constant
T = temperature of the vessel, absolute
P1 = initial pressure in the vessel
P2 = final pressure in the vessel
Pj = partial pressure of the individual condensable compounds
(including HAP)
MWi = molecular weight of the individual HAP compounds
n = number of HAP compounds in the emission stream
m = number of condensable compounds (including HAP) in the emission
stream
i = identifier for a HAP compound
j = identifier for a condensable compound.
(E) Vacuum systems. Emissions from vacuum systems may be calculated
using Equation 33 of this subpart if the air leakage rate is known or
can be approximated. The individual HAP partial pressures may be
calculated using Raoult's Law.
[GRAPHIC] [TIFF OMITTED] TR29AU00.007
Where:
E = mass of HAP emitted
Psystem = absolute pressure of receiving vessel or ejector
outlet conditions, if there is no receiver
Pi = partial pressure of the HAP at the receiver temperature
or the ejector outlet conditions
Pj = partial pressure of condensable (including HAP) at the
receiver temperature or the ejector outlet conditions
La = total air leak rate in the system, mass/time
MWnc = molecular weight of noncondensable gas
t = time of vacuum operation
MWi = molecular weight of the individual HAP in the emission
stream, with HAP partial pressures calculated at the temperature of the
receiver or ejector outlet, as appropriate
(F) Gas evolution. Emissions from gas evolution shall be calculated
using Equation 12 of this subpart with V calculated using Equation 34 of
this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.030
[[Page 185]]
Where:
V = volumetric flow rate of gas evolution
Wg = mass flow rate of gas evolution
R = ideal gas law constant
T = temperature at the exit, absolute
PT = vessel pressure
MWg = molecular weight of the evolved gas
(G) Air drying. Emissions from air drying shall be calculated using
Equation 35 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.031
Where:
E = mass of HAP emitted
B = mass of dry solids
PS1 = HAP in material entering dryer, weight percent
PS2 = HAP in material exiting dryer, weight percent
(H) Empty vessel purging. Emissions from empty vessel purging shall
be calculated using Equation 36 of this subpart (Note: The term e\-Ft/v\
can be assumed to be 0):
[GRAPHIC] [TIFF OMITTED] TR21SE98.032
Where:
V = volume of empty vessel
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP at the beginning
of the purge
(MWi) = molecular weight of the individual HAP
F = flowrate of the purge gas
t = duration of the purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
(ii) Engineering assessments. The owner or operator shall conduct an
engineering assessment to calculate uncontrolled HAP emissions for each
emission episode that is not due to vapor displacement, purging,
heating, depressurization, vacuum operations, gas evolution, or air
drying. For emission episodes caused by any of these types of
activities, the owner or operator also may calculate uncontrolled HAP
emissions based on an engineering assessment if the owner or operator
can demonstrate to the Administrator that the methods in paragraph
(d)(2)(i) of this section are not appropriate. Modified versions of the
engineering evaluation methods in paragraphs (d)(2)(i)(A) through (H)
may be used if the owner or operator demonstrates that they have been
used to meet other regulatory obligations, and they do not affect
applicability assessments or compliance determinations under this
subpart GGG. One criterion the owner or operator could use to
demonstrate that the methods in paragraph (d)(2)(i) of this section are
not appropriate is if previous test data are available that show a
greater than 20 percent discrepancy between the test value and the
estimated value. An engineering assessment includes, but is not limited
to, the following:
(A) Previous test results, provided the tests are representative of
current operating practices at the process unit.
(B) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(C) Maximum flow rate, HAP emission rate, concentration, or other
relevant parameter specified or implied within a permit limit applicable
to the process vent.
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical
[[Page 186]]
or chemical laws or properties. Examples of analytical methods include,
but are not limited to:
(1) Use of material balances based on process stoichiometry to
estimate maximum organic HAP concentrations.
(2) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities.
(3) Estimation of HAP concentrations based on saturation conditions.
(E) All data, assumptions, and procedures used in the engineering
assessment shall be documented in accordance with Sec. 63.1260(e). Data
or other information supporting a finding that the emissions estimation
equations are inappropriate shall be reported in the Precompliance
report.
(3) Controlled emissions. An owner or operator shall determine
controlled emissions using the procedures in either paragraph (d)(3)(i)
or (ii) of this section.
(i) Small control devices. Except for condensers, controlled
emissions for each process vent that is controlled using a small control
device shall be determined by using the design evaluation described in
paragraph (d)(3)(i)(A) of this section, or conducting a performance test
in accordance with paragraph (d)(3)(ii) of this section. Whenever a
small control device becomes a large control device, the owner or
operator must comply with the provisions in paragraph (d)(3)(ii) of this
section and submit the test report in the next Periodic report.
(A) Design evaluation. The design evaluation shall include
documentation demonstrating that the control device being used achieves
the required control efficiency under worst-case conditions, as
determined from the emission profile described in Sec.
63.1257(b)(8)(ii). The control efficiency determined from this design
evaluation shall be applied to uncontrolled emissions to estimate
controlled emissions. The documentation must be conducted in accordance
with the provisions in paragraph (a)(1) of this section. The design
evaluation shall also include the value(s) and basis for the
parameter(s) monitored under Sec. 63.1258.
(B) Emission estimation equations. An owner or operator using a
condenser as a control device shall determine controlled emissions using
exhaust gas temperature measurements and calculations for each batch
emission episode within each unit operation according to the engineering
methodology in paragraphs (d)(3)(i)(B)(1) through (8) of this section.
Individual HAP partial pressures shall be calculated as specified in
paragraph (d)(2)(i) of this section.
(1) Emissions from vapor displacement shall be calculated using
Equation 11 of this subpart with T set equal to the temperature of the
receiver and the HAP partial pressures determined at the temperature of
the receiver.
(2) Emissions from purging shall be calculated using Equation 12 of
this subpart with T set equal to the temperature of the receiver and the
HAP partial pressures determined at the temperature of the receiver.
(3) Emissions from heating shall be calculated using either Equation
13 of this subpart or Equation 37 of this subpart. In Equation 13, the
HAP vapor pressures shall be determined at the temperature of the
receiver. In Equations 13 and 37 of this subpart, [Delta][eta] is equal
to the number of moles of noncondensable displaced from the vessel, as
calculated using Equation 15 of this subpart. In Equations 13 and 37 of
this subpart, the HAP average molecular weight shall be calculated using
Equation 17 with the HAP partial pressures determined at the temperature
of the receiver.
[GRAPHIC] [TIFF OMITTED] TR21SE98.033
Where:
E = mass of HAP emitted
[Delta][eta] = moles of noncondensable gas displaced
PT = pressure in the receiver
Pi = partial pressure of the individual HAP at the receiver
temperature
Pj = partial pressure of the individual condensable
(including HAP) at the receiver temperature
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
MWHAP = the average molecular weight of HAP in vapor exiting
the receiver, as calculated using Equation 17 of this subpart
[[Page 187]]
m = number of condensable compounds (including HAP) in the emission
stream
(4)(i) Emissions from depressurization shall be calculated using
Equation 38 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.034
Where:
E = mass of HAP vapor emitted
Vnc1 = initial volume of noncondensable in the vessel,
corrected to the final pressure, as calculated using Equation 39 of this
subpart
Vnc2 = final volume of noncondensable in the vessel, as
calculated using Equation 40 of this subpart
Pi = partial pressure of each individual HAP at the receiver
temperature
Pj = partial pressure of each condensable (including HAP) at
the receiver temperature
PT = receiver pressure
T = temperature of the receiver
R = ideal gas law constant
MWHAP = the average molecular weight of HAP calculated using
Equation 17 of this subpart with partial pressures determined at the
receiver temperature
i = identifier for a HAP compound
n = number of HAP compounds in the emission stream
m = number of condensable compounds (including HAP) in the emission
stream
j = identifier for a condensable compound
(ii) The initial and final volumes of noncondensable gas present in
the vessel, adjusted to the pressure of the receiver, are calculated
using Equations 39 and 40 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.035
[GRAPHIC] [TIFF OMITTED] TR21SE98.036
Where:
Vnc1 = initial volume of noncondensable gas in the vessel
Vnc2 = final volume of noncondensable gas in the vessel
V = free volume in the vessel being depressurized
Pnc1 = initial partial pressure of the noncondensable gas, as
calculated using Equation 41 of this subpart
Pnc2 = final partial pressure of the noncondensable gas, as
calculated using Equation 42 of this subpart
PT = pressure of the receiver
(iii) Initial and final partial pressures of the noncondensable gas
in the vessel are determined using Equations 41 and 42 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.037
[GRAPHIC] [TIFF OMITTED] TR21SE98.038
Where:
Pnc1 = initial partial pressure of the noncondensable gas in
the vessel
Pnc2 = final partial pressure of the noncondensable gas in
the vessel
P1 = initial vessel pressure
P2 = final vessel pressure
Pj = partial pressure of each condensable compound (including
HAP) in the vessel
m = number of condensable compounds (including HAP) in the emission
stream
j = identifier for a condensable compound
(5) Emissions from vacuum systems shall be calculated using Equation
33 of this subpart.
(6) Emissions from gas evolution shall be calculated using Equation
12 with V calculated using Equation 34 of this subpart, T set equal to
the receiver temperature, and the HAP partial pressures determined at
the receiver temperature. The term for time, t, in Equation 12 of this
subpart is not needed for the purposes of this calculation.
[[Page 188]]
(7) Emissions from air drying shall be calculated using Equation 11
of this subpart with V equal to the air flow rate and Pi
determined at the receiver temperature.
(8) Emissions from empty vessel purging shall be calculated using
equation 43 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.039
Where:
V = volume of empty vessel
R = ideal gas law constant
T1 = temperature of the vessel vapor space at beginning of
purge
T2 = temperature of the receiver, absolute
(Pi)T1 = partial pressure of the individual HAP at
the beginning of the purge
(Pi)T2 = partial pressure of the individual HAP at
the receiver temperature
MWi = molecular weight of the individual HAP
F = flowrate of the purge gas
t = duration of the purge
n = number of HAP compounds in the emission stream
i = identifier for a HAP compound
(ii) Large control devices. Except for condensers, controlled
emissions for each process vent that is controlled using a large control
device shall be determined by applying the control efficiency of the
large control device to the estimated uncontrolled emissions. The
control efficiency shall be determined by conducting a performance test
on the control device as described in paragraphs (d)(3)(ii)(A) through
(C) of this section, or by using the results of a previous performance
test as described in paragraph (d)(4) of this section. If the control
device is intended to control only hydrogen halides and halogens, the
owner or operator may assume the control efficiency of organic HAP is
zero percent. If the control device is intended to control only organic
HAP, the owner or operator may assume the control efficiency for
hydrogen halides and halogen is zero percent. Owners and operators are
not required to conduct performance tests for devices described in
paragraphs (a)(4) and (d)(4) of this section that are large control
devices, as defined in Sec. 63.1251.
(A) The performance test shall be conducted by performing emission
testing on the inlet and outlet of the control device following the test
methods and procedures of Sec. 63.1257(b). Concentrations shall be
calculated from the data obtained through emission testing according to
the procedures in paragraph (a)(2) of this section.
(B) Performance testing shall be conducted under absolute, or
hypothetical worst-case conditions, as defined in paragraphs
(b)(8)(i)(A) through (B) of this section.
(C) The owner or operator may elect to conduct more than one
performance test on the control device for the purpose of establishing
more than one operating condition at which the control device achieves
the required control efficiency.
(iii) Initial compliance demonstration for condensers--(A) Air
pollution control devices. During periods in which a condenser functions
as an air pollution control device, controlled emissions shall be
calculated using the emission estimation equations described in
paragraph (d)(3)(i)(B) of this section.
(B) Process condensers. During periods when the condenser is
operating as a process condenser, the owner or operator is required to
demonstrate that the process condenser is properly operated if the
process condenser meets either of the criteria described in paragraphs
(d)(3)(iii)(B)(1) and (2) of this section. The owner or operator must
either measure the condenser exhaust gas temperature and show it is less
than the boiling or bubble point of the
[[Page 189]]
substance(s) in the vessel, or perform a material balance around the
vessel and condenser to show that at least 99 percent of the material
vaporized while boiling is condensed. The initial demonstration shall be
conducted for all appropriate operating scenarios and documented in the
Notification of Compliance Status report described in Sec. 63.1260(f).
(1) The process condenser is not followed by an air pollution
control device; or
(2) The air pollution control device following the process condenser
is not a condenser or is not meeting the alternative standard of Sec.
63.1254(c).
(4) An owner or operator is not required to conduct a performance
test for the following:
(i) Any control device for which a previous performance test was
conducted, provided the test was conducted using the same procedures
specified in Sec. 63.1257(b) over conditions typical of the appropriate
worst-case, as defined in Sec. 63.1257(b)(8)(i). The results of the
previous performance test shall be used to demonstrate compliance.
(e) Compliance with wastewater provisions--(1) Determining annual
average concentration and annual load. To determine the annual average
concentration and annual load of partially soluble and/or soluble HAP
compounds in a wastewater stream, as required by Sec. 63.1256(a)(1), an
owner or operator shall comply with the provisions in paragraphs
(e)(1)(i) through (iii) of this section. A wastewater stream is exempt
from the requirements of Sec. 63.1256(a)(2) if the owner or operator
determines the annual average concentration and annual load are below
all of the applicability cutoffs specified in Sec. 63.1256(a)(1)(i)(A)
through (D). For annual average concentration, only initial rinses are
included. Concentration measurements based on Method 305 shall be
adjusted by dividing each concentration by the compound-specific Fm
factor listed in Table 8 of this subpart. Concentration measurements
based on methods other than Method 305 may not be adjusted by the
compound-specific Fm factor listed in Table 8 of this subpart.
(i) Annual average concentration definition. (A) When complying with
Sec. 63.1256(a)(1)(i)(A), the annual average concentration means the
total mass of partially soluble HAP compounds occurring in the
wastewater stream during the calendar year divided by the total mass of
the wastewater stream discharged during the same calendar year.
(B) When complying with Sec. 63.1256(a)(1)(i) (B) or (C), the
annual average concentration means the total mass of partially soluble
and/or soluble HAP compounds occurring in the wastewater stream during
the calendar year divided by the total mass of the wastewater stream
discharged during the same calendar year.
(C) When complying with Sec. 63.1256(a)(1)(i)(D), the annual
average concentration means the total mass of soluble HAP compounds
occurring in the wastewater stream during the calendar year divided by
the total mass of the wastewater stream discharged during the same
calendar year.
(ii) Determination of annual average concentration. An owner or
operator shall determine annual average concentrations of partially
soluble and/or soluble HAP compounds in accordance with the provisions
specified in paragraph (e)(1)(ii)(A), (B), or (C) of this section. The
owner or operator may determine annual average concentrations by process
simulation. Data and other information supporting the simulation shall
be reported in the Precompliance Report for approval by the
Administrator. The annual average concentration shall be determined
either at the POD or downstream of the POD with adjustment for
concentration changes made according to paragraph (e)(1)(ii)(D) of this
section.
(A) Test methods. The concentration of partially soluble HAP,
soluble HAP, or total HAP shall be measured using any of the methods
described in paragraphs (b)(10)(i) through (iv) of this section.
(B) Knowledge of the wastewater stream. The concentration of
partially soluble HAP, soluble HAP, or total HAP shall be calculated
based on knowledge of the wastewater stream
[[Page 190]]
according to the procedures in paragraphs (e)(1)(ii)(B)(1) and (2) of
this section. The owner or operator shall document concentrations in the
Notification of Compliance Status report described in Sec. 63.1260(f).
(1) Mass balance. The owner or operator shall calculate the
concentrations of HAP compounds in wastewater considering the total
quantity of HAP discharged to the water, the amount of water at the POD,
and the amounts of water and solvent lost to other mechanisms such as
reactions, air emissions, or uptake in product or other processing
materials. The quantities of HAP and water shall be based on batch
sheets, manufacturing tickets, or FDA bills of materials. In cases where
a chemical reaction occurs that generates or consumes HAP, the amount of
HAP remaining after a reaction shall be based on stoichometry assuming
100 percent theoretical consumption or yield, as applicable.
(2) Published water solubility data. For single components in water,
owners and operators may use the water solubilities published in
standard reference texts at the POD temperature to determine maximum HAP
concentration.
(C) Bench scale or pilot-scale test data. The concentration of
partially soluble HAP, soluble HAP, or total HAP shall be calculated
based on bench scale or pilot-scale test data. The owner or operator
shall provide sufficient information to demonstrate that the bench-scale
or pilot-scale test concentration data are representative of actual HAP
concentrations. The owner or operator shall also provide documentation
describing the testing protocol, and the means by which sample
variability and analytical variability were accounted for in the
determination of HAP concentrations. Documentation of the pilot-scale or
bench scale analysis shall be provided in the precompliance report.
(D) Adjustment for concentrations determined downstream of the POD.
The owner or operator shall make corrections to the annual average
concentration when the concentration is determined downstream of the POD
at a location where: two or more wastewater streams have been mixed; one
or more wastewater streams have been treated; or, losses to the
atmosphere have occurred. The owner or operator shall make the
adjustments either to the individual data points or to the final annual
average concentration.
(iii) Determination of annual load. An owner or operator shall
calculate the partially soluble and/or soluble HAP load in a wastewater
stream based on the annual average concentration determined in paragraph
(e)(1)(ii) (A), (B), or (C) of this section and the total volume of the
wastewater stream, based on knowledge of the wastewater stream in
accordance with paragraphs (e)(1)(ii)(B) of this section. The owner or
operator shall maintain records of the total liters of wastewater
discharged per year as specified in Sec. 63.1259(b).
(2) Compliance with treatment unit control provisions--(i)
Performance tests and design evaluations-general. To comply with the
control options in Sec. 63.1256(g) (10) or (13), neither a design
evaluation nor a performance test is required. For any other
nonbiological treatment process, the owner or operator shall conduct
either a design evaluation as specified in paragraph (e)(2)(ii) of this
section, or a performance test as specified in paragraph (e)(2)(iii) of
this section to demonstrate that each nonbiological treatment process
used to comply with Sec. 63.1256(g) (8), (9), and/or (12) achieves the
conditions specified for compliance. The owner or operator shall
demonstrate by the procedures in either paragraph (e)(2) (ii) or (iii)
of this section that each closed biological treatment process used to
comply with Sec. 63.1256 (g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12)
achieves the conditions specified for compliance. If an open biological
treatment unit is used to comply with Sec. 63.1256 (g)(8)(ii),
(g)(9)(ii), (g)(11), or (g)(12), the owner or operator shall comply with
the performance test requirements in paragraph (e)(2)(iii) of this
section.
(ii) Design evaluation. A design evaluation and supporting
documentation that addresses the operating characteristics of the
treatment process and that is based on operation at a wastewater stream
flow rate and a concentration under which it would be
[[Page 191]]
most difficult to demonstrate compliance. For closed biological
treatment processes, the percent reduction from removal/destruction in
the treatment unit and control device shall be determined by a mass
balance over the unit. The mass flow rate of soluble and/or partially
soluble HAP compounds exiting the treatment process shall be the sum of
the mass flow rate of soluble and/or partially soluble HAP compounds in
the wastewater stream exiting the biological treatment process and the
mass flow rate of the vented gas stream exiting the control device. The
mass flow rate entering the treatment process minus the mass flow rate
exiting the process determines the actual mass removal. Compounds that
meet the requirements specified in paragraph (e)(2)(iii)(A)(4) of this
section are not required to be included in the design evaluation; the
term ``performance test'' in paragraph (e)(2)(iii)(A)(4) of this section
shall mean ``design evaluation'' for the purposes of this paragraph.
(iii) Performance tests. Performance tests shall be conducted using
test methods and procedures that meet the applicable requirements
specified in paragraphs (e)(2)(iii)(A) through (G) of this section.
(A) General. This paragraph specifies the general procedures for
performance tests that are conducted to demonstrate compliance of a
treatment process with the control requirements specified in Sec.
63.1256(g).
(1) Representative process unit operating conditions. Compliance
shall be demonstrated for representative operating conditions.
Operations during periods of malfunction and periods of nonoperation
shall not constitute representative conditions. The owner or operator
shall record the process information that is necessary to document
operating conditions during the test.
(2) Representative treatment process operating conditions.
Performance tests shall be conducted when the treatment process is
operating at a representative inlet flow rate and concentration. If the
treatment process will be operating at several different sets of
representative operating conditions, the owner or operator shall comply
with paragraphs (e)(2)(iii)(A)(2)(i) and (ii) of this section. The owner
or operator shall record information that is necessary to document
treatment process or control device operating conditions during the
test.
(i) Range of operating conditions. If the treatment process will be
operated at several different sets of representative operating
conditions, performance testing over the entire range is not required.
In such cases, the performance test results shall be supplemented with
modeling and/or engineering assessments to demonstrate performance over
the operating range.
(ii) Consideration of residence time. If concentration and/or flow
rate to the treatment process are not relatively constant (i.e.,
comparison of inlet and outlet data will not be representative of
performance), the owner or operator shall consider residence time, when
determining concentration and flow rate.
(3) Testing equipment. All testing equipment shall be prepared and
installed as specified in the applicable test methods, or as approved by
the Administrator.
(4) Compounds not required to be considered in performance tests.
Compounds that meet the requirements specified in (e)(2)(iii)(A)(4)(i),
(ii), or (iii) of this section are not required to be included in the
performance test. Concentration measurements based on Method 305 shall
be adjusted by dividing each concentration by the compound-specific Fm
factor listed in Table 8 of this subpart. Concentration measurements
based on methods other than Method 305 shall not be adjusted by the
compound-specific Fm factor listed in Table 8 of this subpart.
(i) Compounds not used or produced by the PMPU; or
(ii) Compounds with concentrations at the POD that are below 1 ppmw;
or
(iii) Compounds with concentrations at the POD that are below the
lower detection limit where the lower detection limit is greater than 1
ppmw. The method shall be an analytical method for wastewater which has
the compound of interest as a target analyte.
(5) Treatment using a series of treatment processes. In all cases
where the wastewater provisions in this subpart allow or require the use
of a treatment
[[Page 192]]
process to comply with emissions limitations, the owner or operator may
use multiple treatment processes. The owner or operator complying with
the requirements of Sec. 63.1256(g)(7)(i), when wastewater is conveyed
by hard-piping, shall comply with either paragraph (e)(2)(iii)(A)(5)(i)
or (ii) of this section. The owner or operator complying with the
requirements of Sec. 63.1256(g)(7)(ii) shall comply with the
requirements of paragraph (e)(2)(iii)(A)(5)(ii) of this section.
(i) The owner or operator shall conduct the performance test across
each series of treatment processes. For each series of treatment
processes, inlet concentration and flow rate shall be measured either
where the wastewater enters the first treatment process in a series of
treatment processes, or prior to the first treatment process as
specified in paragraph (e)(2)(iii)(A)(6) of this section. For each
series of treatment processes, outlet concentration and flow rate shall
be measured where the wastewater exits the last treatment process in the
series of treatment processes, except when the last treatment process is
an open or a closed aerobic biological treatment process demonstrating
compliance by using the procedures in paragraphs (e)(2)(iii)(E) or (F)
of this section. When the last treatment process is either an open or a
closed aerobic biological treatment process demonstrating compliance by
using the procedures in paragraphs (e)(2)(iii)(E) or (F) of this
section, inlet and outlet concentrations and flow rates shall be
measured at the inlet and outlet to the series of treatment processes
prior to the biological treatment process and at the inlet to the
biological treatment process, except as provided in paragraph
(e)(2)(iii)(A)(6)(ii) of this section. The mass flow rate destroyed in
the biological treatment process for which compliance is demonstrated
using paragraph (e)(2)(iii)(E) or (F) of this section shall be added to
the mass flow rate removed or destroyed in the series of treatment units
before the biological treatment unit. This sum shall be used to
calculate the overall control efficiency.
(ii) The owner or operator shall conduct the performance test across
each treatment process in the series of treatment processes. The mass
flow rate removed or destroyed by each treatment process shall be added
together and the overall control efficiency calculated to determine
whether compliance has been demonstrated using paragraphs
(e)(2)(iii)(C), (D), (E), (F), or (G) of this section, as applicable. If
a biological treatment process is one of the treatment processes in the
series of treatment processes, the inlet to the biological treatment
process shall be the point at which the wastewater enters the biological
treatment process, or the inlet to the equalization tank if all the
criteria of paragraph (e)(2)(iii)(A)(6)(ii) of this section are met.
(6) The owner or operator determining the inlet for purposes of
demonstrating compliance with paragraph (e)(2)(iii)(E), or (F)of this
section may elect to comply with paragraph (e)(2)(iii)(A)(6)(i) or (ii)
of this section.
(i) When wastewater is conveyed exclusively by hard-piping from the
point of determination to a treatment process that is either the only
treatment process or the first in a series of treatment processes (i.e.,
no treatment processes or other waste management units are used upstream
of this treatment process to store, handle, or convey the wastewater),
the inlet to the treatment process shall be at any location from the
point of determination to where the wastewater stream enters the
treatment process. When samples are taken upstream of the treatment
process and before wastewater streams have converged, the owner or
operator shall ensure that the mass flow rate of all affected wastewater
is accounted for when using Sec. 63.1256(g)(8)(ii), (g)(9)(ii) or
(g)(12) of this subpart to comply and that the mass flow rate of all
wastewater, not just affected wastewater, is accounted for when using
Sec. 63.1256(g)(11) to comply, except as provided in paragraph
(e)(2)(iii)(A)(4) of this section.
(ii) The owner or operator may consider the inlet to the
equalization tank as the inlet to the biological treatment process if
the wastewater is conveyed by hard-piping from either the last previous
treatment process or the point of determination to the equalization
[[Page 193]]
tank; and the wastewater is conveyed from the equalization tank
exclusively by hard-piping to the biological treatment process and no
treatment processes or other waste management units are used to store,
handle, or convey the wastewater between the equalization tank and the
biological treatment process; and the equalization tank is equipped with
a fixed roof and a closed-vent system that routes emissions to a control
device that meets the requirements of Sec. 63.1256(b)(1)(i) through
(iv) and Sec. 63.1256(b)(2)(i). The outlet from the series of treatment
processes prior to the biological treatment process is the point at
which the wastewater exits the last treatment process in the series
prior to the equalization tank, if the equalization tank and biological
treatment process are part of a series of treatment processes. The owner
or operator shall ensure that the mass flow rate of all affected
wastewater is accounted for when using Sec. 63.1256(g)(9)(ii) or (12)
to comply and that the mass flow rate of all wastewater, not just
affected wastewater is accounted for when using Sec. 63.1256(g)(11) to
comply, except as provided in paragraph (e)(2)(iii)(A)(4) of this
section.
(B) Noncombustion treatment process--concentration limits. This
paragraph applies to performance tests that are conducted to demonstrate
compliance of a noncombustion treatment process with the ppmw wastewater
stream concentration limits at the outlet of the treatment process. This
compliance option is specified in Sec. 63.1256(g)(8)(i) and (9)(i).
Wastewater samples shall be collected using sampling procedures which
minimize loss of organic compounds during sample collection and analysis
and maintain sample integrity per paragraph (b)(10)(vi) of this section.
Samples shall be collected and analyzed using the procedures specified
in paragraphs (b)(10)(i) through (vi) of this section. Samples may be
grab samples or composite samples. Samples shall be taken at
approximately equally spaced time intervals over a 1-hour period. Each
1-hour period constitutes a run, and the performance test shall consist
of a minimum of three runs. Concentration measurements based on methods
other than Method 305 may be adjusted by multiplying each concentration
by the compound-specific Fm factor listed in Table 8 of this subpart.
(For affected wastewater streams that contains both partially soluble
and soluble HAP compounds, compliance is demonstrated only if the sum of
the concentrations of partially soluble HAP compounds is less than 50
ppmw, and the sum of the concentrations of soluble HAP compounds is less
than 520 ppmw.)
(C) Noncombustion, nonbiological treatment process: percent mass
removal/destruction option. This paragraph applies to performance tests
that are conducted to demonstrate compliance of a noncombustion,
nonbiological treatment process with the percent mass removal limits
specified in Sec. 63.1256(g)(8)(ii) and (9)(ii) for partially soluble
and soluble HAP compounds, respectively. The owner or operator shall
comply with the requirements specified in paragraphs (e)(2)(iii)(C)(1)
through (5) of this section.
(1) Concentration. The concentration of partially soluble and/or
soluble HAP compounds entering and exiting the treatment process shall
be determined as provided in this paragraph. Wastewater samples shall be
collected using sampling procedures which minimize loss of organic
compounds during sample collection and analysis and maintain sample
integrity per paragraph (b)(10)(vi) of this section. The method shall be
an analytical method for wastewater which has the compound of interest
as a target analyte. Samples may be grab samples or composite samples.
Samples shall be taken at approximately equally spaced time intervals
over a 1-hour period. Each 1-hour period constitutes a run, and the
performance test shall consist of a minimum of three runs. Concentration
measurements based on Method 305 shall be adjusted by dividing each
concentration by the compound-specific Fm factor listed in Table 8 of
this subpart. Concentration measurements based on methods other than
Method 305 shall not be adjusted by the compound-specific Fm factor
listed in Table 8 of this subpart.
(2) Flow rate. The flow rate of the entering and exiting wastewater
streams shall be determined using inlet and outlet flow meters,
respectively. Where
[[Page 194]]
the outlet flow is not greater than the inlet flow, a single flow meter
may be used, and may be used at either the inlet or outlet. Flow rate
measurements shall be taken at the same time as the concentration
measurements.
(3) Calculation of mass flow rate--for noncombustion, nonbiological
treatment processes. The mass flow rates of partially soluble and/or
soluble HAP compounds entering and exiting the treatment process are
calculated using Equations 44 and 45 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR21SE98.040
[GRAPHIC] [TIFF OMITTED] TR21SE98.041
Where:
QMWa, QMWb = mass flow rate of partially soluble
or soluble HAP compounds, average of all runs, in wastewater entering
(QMWa) or exiting (QMWb) the treatment process,
kg/hr
[rho] = density of the wastewater, kg/m\3\
Qa, k, Qbb, k = volumetric flow rate of wastewater
entering (Qa, k) or exiting (Qb, k) the treatment
process during each run k, m\3\/hr
CT, a, k, CT, b, k = total concentration of
partially soluble or soluble HAP compounds in wastewater entering
(CT, a, k) or exiting (CT, b, k) the treatment
process during each run k, ppmw
p = number of runs
k = identifier for a run
10\6\ = conversion factor, mg/kg
(4) Percent removal calculation for mass flow rate. The percent mass
removal across the treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.042
Where:
E = removal or destruction efficiency of the treatment process, percent
QMWa, QMWb = mass flow rate of partially soluble
or soluble HAP compounds in wastewater entering (QMWa) and
exiting (QMWb) the treatment process, kg/hr (as calculated
using Equations 44 and 45 of this subpart)
(5) Compare mass removal efficiency to required efficiency. Compare
the mass removal efficiency (calculated in Equation 46 of this subpart)
to the required efficiency as specified in Sec. 63.1256(g)(8)(ii) or
(9)(ii). If complying with Sec. 63.1256(g)(8)(ii), compliance is
demonstrated if the mass removal efficiency is 99 percent or greater. If
complying with Sec. 63.1256(g)(9)(ii), compliance is demonstrated if
the mass removal efficiency is 90 percent or greater.
(D) Combustion treatment processes: percent mass removal/destruction
option. This paragraph applies to performance tests that are conducted
to demonstrate compliance of a combustion treatment process with the
percent mass destruction limits specified in Sec. 63.1256(g)(8)(ii) for
partially soluble HAP compounds, and/or Sec. 63.1256(g)(9)(ii) for
soluble HAP compounds. The owner or operator shall comply with the
requirements specified in paragraphs (e)(2)(iii)(D)(1) through (8) of
this section.
(1) Concentration in wastewater stream entering the combustion
treatment process. The concentration of partially soluble and/or soluble
HAP compounds entering the treatment process shall be determined as
provided in this paragraph. Wastewater samples shall be collected using
sampling procedures which minimize loss of organic compounds during
sample collection and analysis and maintain sample integrity per
paragraph (b)(10)(vi) of this section. The method shall be an analytical
method for wastewater which has the compound of interest as a target
analyte. Samples may be grab samples or composite samples. Samples shall
be taken at approximately equally spaced time intervals over a 1-hour
period.
[[Page 195]]
Each 1-hour period constitutes a run, and the performance test shall
consist of a minimum of three runs. Concentration measurements based on
Method 305 of appendix A of this part shall be adjusted by dividing each
concentration by the compound-specific Fm factor listed in Table 8 of
this subpart. Concentration measurements based on methods other than
Method 305 shall not be adjusted by the compound-specific Fm factor
listed in Table 8 of this subpart.
(2) Flow rate of wastewater entering the combustion treatment
process. The flow rate of the wastewater stream entering the combustion
treatment process shall be determined using an inlet flow meter. Flow
rate measurements shall be taken at the same time as the concentration
measurements.
(3) Calculation of mass flow rate in wastewater stream entering
combustion treatment processes. The mass flow rate of partially soluble
and/or soluble HAP compounds entering the treatment process is
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.043
Where:
QMWa = mass flow rate of partially soluble or soluble HAP
compounds entering the combustion unit, kg/hr
[rho] = density of the wastewater stream, kg/m\3\
Qa, k = volumetric flow rate of wastewater entering the
combustion unit during run k, m\3\/hr
CT, a, k = total concentration of partially soluble or
soluble HAP compounds in the wastewater stream entering the combustion
unit during run k, ppmw
k = identifier for a run
p = number of runs
(4) Concentration in vented gas stream exiting the combustion
treatment process. The concentration of partially soluble and/or soluble
HAP compounds (or TOC) exiting the combustion treatment process in any
vented gas stream shall be determined as provided in this paragraph.
Samples may be grab samples or composite samples. Samples shall be taken
at approximately equally spaced time intervals over a 1-hour period.
Each 1-hour period constitutes a run, and the performance test shall
consist of a minimum of three runs. Concentration measurements shall be
determined using Method 18 of 40 CFR part 60, appendix A. Alternatively,
any other test method validated according to the procedures in Method
301 of appendix A of this part may be used.
(5) Volumetric flow rate of vented gas stream exiting the combustion
treatment process. The volumetric flow rate of the vented gas stream
exiting the combustion treatment process shall be determined using
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
Volumetric flow rate measurements shall be taken at the same time as the
concentration measurements.
(6) Calculation of mass flow rate of vented gas stream exiting
combustion treatment processes. The mass flow rate of partially soluble
and/or soluble HAP compounds in a vented gas stream exiting the
combustion treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.044
Where:
QMGb = mass rate of TOC (minus methane and ethane) or total
partially soluble and/or soluble HAP, in vented gas stream, exiting
(QMGb) the combustion device, dry basis, kg/hr
[[Page 196]]
CGb, i = concentration of TOC (minus methane and ethane) or
total partially soluble and/or soluble HAP, in vented gas stream,
exiting (CGb, i) the combustion device, dry basis, ppmv
MWi = molecular weight of a component, kilogram/kilogram-mole
QGb = flow rate of gas stream exiting (QGb) the
combustion device, dry standard cubic meters per hour
K2 = constant, 41.57x10-9 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter)
is 20 [deg]C
i = identifier for a compound
n = number of components in the sample
(7) Destruction efficiency calculation. The destruction efficiency
of the combustion unit for partially soluble and/or soluble HAP
compounds shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.045
Where:
E = destruction efficiency of partially soluble or soluble HAP compounds
for the combustion unit, percent
QMW\2a\ = mass flow rate of partially soluble or soluble HAP compounds
entering the combustion unit, kg/hr
QMGb = mass flow rate of TOC (minus methane and ethane) or
partially soluble and/or soluble HAP compounds in vented gas stream
exiting the combustion treatment process, kg/hr
(8) Compare mass destruction efficiency to required efficiency.
Compare the mass destruction efficiency (calculated in Equation 49 of
this subpart) to the required efficiency as specified in Sec.
63.1256(g)(8)(ii) or (g)(9)(ii). If complying with Sec.
63.1256(g)(8)(ii), compliance is demonstrated if the mass destruction
efficiency is 99 percent or greater. If complying with Sec.
63.1256(g)(9)(ii), compliance is demonstrated if the mass destruction
efficiency is 90 percent or greater.
(E) Open or closed aerobic biological treatment processes: 95-
percent mass destruction option. This paragraph applies to performance
tests that are conducted for open or closed aerobic biological treatment
processes to demonstrate compliance with the 95-percent mass destruction
provisions in Sec. 63.1256(g)(11) for partially soluble and/or soluble
HAP compounds.
(1) Concentration in wastewater stream. The concentration of
partially soluble and/or soluble HAP as provided in this paragraph.
Concentration measurements to determine E shall be taken as provided in
paragraph (e)(2)(iii)(A)(5) of this section for a series of treatment
processes. Wastewater samples shall be collected using sampling
procedures which minimize loss of organic compounds during sample
collection and analysis and maintain sample integrity per paragraph
(b)(10)(vi) of this section. The method shall be an analytical method
for wastewater which has the compound of interest as a target analyte.
Samples may be grab samples or composite samples. Samples shall be taken
at approximately equally spaced time intervals over a 1-hour period.
Each 1-hour period constitutes a run, and the performance test shall
consist of a minimum of three runs. Concentration measurements based on
Method 305 shall be adjusted by dividing each concentration by the
compound-specific Fm factor listed in Table 8 of this subpart.
Concentration measurements based on methods other than Method 305 shall
not be adjusted by the compound-specific Fm factor listed in Table 8 of
this subpart.
(2) Flow rate. Flow rate measurements to determine E shall be taken
as provided in paragraph (e)(2)(iii)(A)(5) of this section for a series
of treatment processes. Flow rate shall be determined using inlet and
outlet flow measurement devices. Where the outlet flow is not greater
than the inlet flow, a single flow measurement device may be used, and
may be used at either the inlet or outlet. Flow rate measurements shall
be taken at the same time as the concentration measurements.
(3) Destruction efficiency. The owner or operator shall comply with
the provisions in either paragraph (e)(2)(iii)(E)(3)(i) or (ii) of this
section. Compliance is demonstrated if the destruction efficiency, E, is
equal to or greater than 95 percent.
(i) If the performance test is performed across the open or closed
biological treatment system only, compliance is demonstrated if E is
equal to Fbio, where E is the destruction efficiency of
partially soluble and/or soluble HAP compounds and Fbio is
the site-
[[Page 197]]
specific fraction of partially soluble and/or soluble HAP compounds
biodegraded. Fbio shall be determined as specified in
paragraph (e)(2)(iii)(E)(4) of this section and appendix C of subpart G
of this part.
(ii) If compliance is being demonstrated in accordance with
paragraphs (e)(2)(iii)(A)(5)(i) or (ii) of this section, the removal
efficiency shall be calculated using Equation 50 of this subpart. When
complying with paragraph (e)(2)(iii)(A)(5)(i) of this section, the
series of nonbiological treatment processes comprise one treatment
process segment. When complying with paragraph (e)(2)(iii)(A)(5)(ii) of
this section, each nonbiological treatment process is a treatment
process segment.
[GRAPHIC] [TIFF OMITTED] TR21SE98.046
Where:
QMWa, i = the soluble and/or partially soluble HAP load
entering a treatment process segment
QMWb, i = the soluble and/or partially soluble HAP load
exiting a treatment process segment
n = the number of treatment process segments
i = identifier for a treatment process element
QMWbio = the inlet load of soluble and/or partially soluble
HAP to the biological treatment process. The inlet is defined in
accordance with paragraph (e)(2)(iii)(A)(6) of this section. If
complying with paragraph (e)(2)(iii)(A)(6)(ii) of this section,
QMWbio is equal to QMWb, n
Fbio = site-specific fraction of soluble and/or partially
soluble HAP compounds biodegraded. Fbio shall be determined
as specified in paragraph (e)(2)(iii)(E)(4) of this section and Appendix
C of subpart G of this part.
QMWall = the total soluble and/or partially soluble HAP load
to be treated.
(4) Site-specific fraction biodegraded (Fbio). The
procedures used to determine the compound-specific kinetic parameters
for use in calculating Fbio differ for the compounds listed
in Tables 2 and 3 of this subpart. An owner or operator shall calculate
Fbio as specified in either paragraph (e)(2)(iii)(E)(4)(i) or
(ii) of this section.
(i) For biological treatment processes that do not meet the
definition for enhanced biological treatment in Sec. 63.1251, the owner
or operator shall determine the Fbio for the compounds in
Tables 2 and 3 of this subpart using any of the procedures in appendix C
to part 63, except procedure 3 (inlet and outlet concentration
measurements). (The symbol ``Fbio'' represents the site-
specific fraction of an individual partially soluble or soluble HAP
compound that is biodegraded.)
(ii) If the biological treatment process meets the definition of
``enhanced biological treatment process'' in Sec. 63.1251, the owner or
operator shall determine Fbio for the compounds in Table 2 of
this subpart using any of the procedures specified in appendix C to part
63. The owner or operator shall calculate Fbio for the
compounds in Table 3 of this subpart using the defaults for first order
biodegradation rate constants (K1) in Table 9 of this subpart
and follow the procedure explained in Form III of appendix C, 40 CFR
part 63, or any of the procedures specified in appendix C of 40 CFR part
63.
(F) Open or closed aerobic biological treatment processes: percent
removal for partially soluble or soluble HAP compounds. This paragraph
applies to the use of performance tests that are conducted for open or
closed aerobic biological treatment processes to demonstrate compliance
with the percent removal provisions for either partially soluble HAP
compounds in Sec. 63.1256(g)(8)(ii) or soluble HAP compounds in Sec.
63.1256(g)(9)(ii) or (g)(12). The owner or operator shall comply with
the provisions in paragraph (e)(2)(iii)(E) of this section, except that
compliance with Sec. 63.1256(g)(8)(ii) shall be demonstrated when E is
equal to or greater than 99 percent, compliance
[[Page 198]]
with Sec. 63.1256(g)(9)(ii) shall be demonstrated when E is equal to or
greater than 90 percent, and compliance with Sec. 63.1256(g)(12) shall
be demonstrated when E is equal to or greater than 99 percent.
(G) Closed biological treatment processes: percent mass removal
option. This paragraph applies to the use of performance tests that are
conducted for closed biological treatment processes to demonstrate
compliance with the percent removal provisions in Sec. Sec.
63.1256(g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12). The owner or
operator shall comply with the requirements specified in paragraphs
(e)(2)(iii)(G) (1) through (4) of this section.
(1) Comply with the procedures specified in paragraphs
(e)(2)(iii)(C) (1) through (3) of this section to determine
characteristics of the wastewater entering the biological treatment
unit, except that the term ``partially soluble and/or soluble HAP''
shall mean ``soluble HAP'' for the purposes of this section if the owner
or operator is complying with Sec. 63.1256(g)(9)(ii) or (g)(12), and it
shall mean ``partially soluble HAP'' if the owner or operator is
complying with Sec. 63.1256(g)(8)(ii).
(2) Comply with the procedures specified in paragraphs
(e)(2)(iii)(D) (4) through (6) of this section to determine the
characteristics of gas vent streams exiting a control device, with the
differences noted in paragraphs (e)(2)(iii)(G)(3) (i) and (ii) of this
section.
(i) The term ``partially soluble and/or soluble HAP'' shall mean
``soluble HAP'' for the purposes of this section if the owner or
operator is complying with Sec. 63.1256(g)(9)(ii) or (g)(12), and it
shall mean ``partially soluble HAP'' if the owner or operator is
complying with Sec. 63.1256(g)(8)(ii).
(ii) The term ``combustion treatment process'' shall mean ``control
device'' for the purposes of this section.
(3) Percent removal/destruction calculation. The percent removal and
destruction across the treatment unit and any control device(s) shall be
calculated using Equation 51 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.047
Where:
E = removal and destruction efficiency of the treatment unit and control
device(s), percent
QMWa, QMWb = mass flow rate of partially soluble
and/or soluble HAP compounds in wastewater entering (QMWa)
and exiting (QMWb) the treatment process, kilograms per hour
(as calculated using Equations 44 and 45)
QMGb = mass flow rate of partially soluble and/or soluble HAP
compounds in vented gas stream exiting the control device, kg/hr
(4) Compare mass removal/destruction efficiency to required
efficiency. Compare the mass removal/destruction efficiency (calculated
using Equation 51 of this subpart) to the required efficiency as
specified in Sec. 63.1256(g)(8)(ii), (g)(9)(ii), (g)(11), or (g)(12).
If complying with Sec. 63.1256(g)(8)(ii), compliance is demonstrated if
the mass removal/destruction is 99 percent or greater. If complying with
Sec. 63.1256(g)(9)(ii), compliance is demonstrated if the mass removal/
destruction efficiency is 90 percent or greater. If complying with Sec.
63.1256(g)(11), compliance is demonstrated if the mass removal/
destruction efficiency is 95 percent or greater. If complying with Sec.
63.1256(g)(12), compliance is demonstrated if the mass removal/
destruction efficiency is 99 percent or greater.
(3) Compliance with control device provisions. Except as provided in
paragraph (e)(3)(iv) of this section, an owner or operator shall
demonstrate that each control device or combination of control devices
achieves the appropriate conditions specified in Sec. 63.1256(h)(2) by
using one or more of the methods specified in paragraphs (e)(3)(i),
(ii), or (iii) of this section.
[[Page 199]]
(i) Performance test for control devices other than flares. This
paragraph applies to performance tests that are conducted to demonstrate
compliance of a control device with the efficiency limits specified in
Sec. 63.1256(h)(2). If complying with the 95-percent reduction
efficiency requirement, comply with the requirements specified in
paragraphs (e)(3)(i) (A) through (J) of this section. If complying with
the 20 ppm by volume requirement, comply with the requirements specified
in paragraphs (e)(3)(i) (A) through (G) and (e)(3)(i)(J) of this
section.
(A) General. The owner or operator shall comply with the general
performance test provisions in paragraphs (e)(2)(iii)(A) (1) through (4)
of this section, except that the term ``treatment unit'' shall mean
``control device'' for the purposes of this section.
(B) Sampling sites. Sampling sites shall be selected using Method 1
or 1A of 40 CFR part 60, appendix A, as appropriate. For determination
of compliance with the 95 percent reduction requirement, sampling sites
shall be located at the inlet and the outlet of the control device. For
determination of compliance with the 20 ppmv limit, the sampling site
shall be located at the outlet of the control device.
(C) Concentration in gas stream entering or exiting the control
device. The concentration of total organic HAP or TOC in a gas stream
shall be determined as provided in this paragraph. Samples may be grab
samples or composite samples (i.e., integrated samples). Samples shall
be taken at approximately equally spaced time intervals over a 1-hour
period. Each 1-hour period constitutes a run, and the performance test
shall consist of a minimum of three runs. Concentration measurements
shall be determined using Method 18 of 40 CFR part 60, appendix A.
Alternatively, any other test method validated according to the
procedures in Method 301 of appendix A of this part may be used.
(D) Volumetric flow rate of gas stream entering or exiting the
control device. The volumetric flow rate of the gas stream shall be
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A,
as appropriate. Volumetric flow rate measurements shall be taken at the
same time as the concentration measurements.
(E) Calculation of TOC concentration. The owner or operator shall
compute TOC in accordance with the procedures in paragraph (a)(2) of
this section.
(F) Calculation of total organic HAP concentration. The owner or
operator determining compliance based on total organic HAP concentration
shall compute the total organic HAP concentration in accordance with the
provisions in paragraph (a)(2) of this section.
(G) Requirements for combustion control devices. If the control
device is a combustion device, the owner or operator shall correct TOC
and organic HAP concentrations to 3 percent oxygen in accordance with
the provisions in paragraph (a)(3) of this section, and demonstrate
initial compliance with the requirements for halogenated streams in
accordance with paragraph (a)(6) of this section.
(H) Mass rate calculation. The mass rate of either TOC (minus
methane and ethane) or total organic HAP for each sample run shall be
calculated using the following equations. Where the mass rate of TOC is
being calculated, all organic compounds (minus methane and ethane)
measured by methods specified in paragraph (e)(3)(i)(C) of this section
are summed using Equations 52 and 53 of this subpart. Where the mass
rate of total organic HAP is being calculated, only soluble and
partially soluble HAP compounds shall be summed using Equations 52 and
53.
[GRAPHIC] [TIFF OMITTED] TR21SE98.048
[[Page 200]]
[GRAPHIC] [TIFF OMITTED] TR21SE98.049
Where:
CGa, i, CGb, i = concentration of TOC or total
organic HAP, in vented gas stream, entering (CGa, i) and
exiting (CGb, i) the control device, dry basis, ppmv
QMGa, QMGb = mass rate of TOC or total organic
HAP, in vented gas stream, entering (QMGa) and exiting
(QMGb) the control device, dry basis, kg/hr
Mwi = molecular weight of a component, kilogram/kilogram-mole
QGa,QGb = flow rate of gas stream entering
(QGa) and exiting (QGb) the control device, dry
standard cubic meters per hour
K2 = constant, 41.57 x 10-9 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter)
is 20 [deg]C
i = identifier for a compound
n = number of components in the sample
(I) Percent reduction calculation. The percent reduction in TOC or
total organic HAP for each sample run shall be calculated using Equation
54 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.050
Where:
E = destruction efficiency of control device, percent
QMGa,QMGb = mass rate of TOC or total organic HAP,
in vented gas stream entering and exiting (QMGb) the control
device, dry basis, kilograms per hour
(J) Compare mass destruction efficiency to required efficiency. If
complying with the 95-percent reduction efficiency requirement,
compliance is demonstrated if the mass destruction efficiency
(calculated in Equation 51 of this subpart) is 95 percent or greater. If
complying with the 20 ppmv limit, compliance is demonstrated if the
outlet TOC concentration is 20 ppmv, or less.
(ii) Design evaluation. A design evaluation conducted in accordance
with the provisions in paragraph (a)(1) of this section. Compounds that
meet the requirements specified in paragraph (e)(2)(iii)(A)(4) of this
section are not required to be included in the design evaluation.
(iii) Compliance demonstration for flares. When a flare is used to
comply with Sec. 63.1256(h), the owner or operator shall comply with
the flare provisions in Sec. 63.11(b). An owner or operator is not
required to conduct a performance test to determine percent emission
reduction or outlet organic HAP or TOC concentration when a flare is
used.
(iv) Exemptions from compliance demonstrations. An owner or operator
using any control device specified in paragraph (a)(4) of this section
is exempt from the requirements in paragraphs (e)(3)(i) through
(e)(3)(iii) of this section and from the requirements in Sec. 63.6(f).
(f) Pollution prevention alternative standard. The owner or operator
shall demonstrate compliance with Sec. 63.1252(e)(2) using the
procedures described in paragraph (f)(1) and (f)(3) of this section. The
owner or operator shall demonstrate compliance with Sec. 63.1252(e)(3)
using the procedures described in paragraphs (f)(2) and (f)(3) of this
section.
(1) Compliance is demonstrated when the annual kg/kg factor,
calculated according to the procedure in paragraphs (f)(1)(i) and (iii)
of this section, is reduced by at least 75 percent as calculated
according to the procedure in paragraph (f)(1)(i) and (ii) of this
section.
(i) The production-indexed HAP consumption factors shall be
calculated by dividing annual consumption of total HAP by the annual
production rate, per process. The production-indexed total VOC
consumption factor shall be calculated by dividing annual consumption of
total VOC by the annual production rate, per process.
(ii) The baseline factor is calculated from yearly production and
consumption data for the first 3-year period in which the PMPU was
operational, beginning no earlier than the 1987 calendar year, or for a
minimum period of 12 months from startup of the process until the
present in which the PMPU was operational and data are available,
[[Page 201]]
beginning no earlier than the 1987 calendar year.
(iii) The annual factor is calculated on the following bases:
(A) For continuous processes, the annual factor shall be calculated
every 30 days for the 12-month period preceding the 30th day (30-day
rolling average).
(B) For batch processes, the annual factor shall be calculated
either every 10 batches for the 12-month period preceding the 10th batch
(10-batch rolling average) or a maximum of once per month, if the number
of batches is greater than 10 batches per month. The annual factor shall
be calculated every 5 batches if the number of batches is less than 10
for the 12-month period preceding the 10th batch and shall be calculated
every year if the number of batches is less than 5 for the 12-month
period preceding the 5th batch.
(2) Compliance is demonstrated when the requirements of paragraphs
(f)(2)(i) through (iv) of this section are met.
(i) The annual kg/kg factor, calculated according to the procedure
in paragraphs (f)(1)(i) and (f)(1)(iii) of this section, is reduced to a
value equal to or less than 50 percent of the baseline factor calculated
according to the procedure in paragraphs (f)(1)(i) and (ii) of this
section.
(ii) The yearly reductions associated with add-on controls that meet
the criteria of Sec. Sec. 63.1252(h)(3)(ii)(A) through (D) must be
equal to or greater than the amounts calculated in paragraphs
(f)(2)(ii)(A) and (B) of this section:
(A) The mass of HAP calculated using Equation 55 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.008
Where:
[kg/kg]b = the baseline production-indexed HAP consumption
factor, in kg/kg
Mprod = the annual production rate, in kg/yr
M = the annual reduction required by add-on controls, in kg/yr
PR = the fractional reduction in the annual kg/kg factor
achieved using pollution prevention where PR is
=0.5
(B) The mass of VOC calculated using Equation 56 of this subpart:
VOC reduced = (VFbase - VFP -
VFannual) x Mprod (Eq. 56)
Where:
VOCreduced = required VOC emission reduction from add-on
controls, kg/yr
VFbase = baseline VOC factor, kg VOC emitted/kg production
VFp = reduction in VOC factor achieved by pollution
prevention, kg VOC emitted/kg production
VFannual = target annual VOC factor, kg VOC emitted/kg
production
Mprod = production rate, kg/yr
(iii) Demonstration that the criteria in Sec. 63.1252(e)(3)(ii)(A)
through (D) are met shall be accomplished through a description of the
control device and of the material streams entering and exiting the
control device.
(iv) The annual reduction achieved by the add-on control shall be
quantified using the methods described in Sec. 63.1257(d).
(3) Each owner or operator of a PMPU complying with the P2 standard
shall prepare a P2 demonstration summary that shall contain, at a
minimum, the following information:
(i) Descriptions of the methodologies and forms used to measure and
record daily consumption of HAP compounds reduced as part of the P2
standard.
(ii) Descriptions of the methodologies and forms used to measure and
record daily production of products which are included in the P2
standard.
(iii) Supporting documentation for the descriptions provided in
paragraphs (f)(3)(i) and (ii) including, but not limited to, operator
log sheets and copies of daily, monthly, and annual inventories of
materials and products.
(g) Compliance with storage tank provisions by using emissions
averaging. An owner or operator with two or more affected storage tanks
may demonstrate compliance with Sec. 63.1253, as applicable, by
fulfilling the requirements of paragraphs (g)(1) through (4) of this
section.
[[Page 202]]
(1) The owner or operator shall develop and submit for approval an
Implementation Plan containing all the information required in Sec.
63.1259(e) 6 months prior to the compliance date of the standard. The
Administrator shall have 90 days to approve or disapprove the emissions
averaging plan after which time the plan shall be considered approved.
(2) The annual mass rate of total organic HAP (ETi,
ETo) shall be calculated for each storage tank included in
the emissions average using the procedures specified in paragraph
(c)(1), (2), or (3) of this section.
(3) Equations 57 and 58 of this subpart shall be used to calculate
total HAP emissions for those tanks subject to Sec. 63.1253(b) or (c):
[GRAPHIC] [TIFF OMITTED] TR21SE98.051
[GRAPHIC] [TIFF OMITTED] TR21SE98.052
Where:
Eij = yearly mass rate of total HAP at the inlet of the
control device for tank j
Eoj = yearly mass rate of total HAP at the outlet of the
control device for tank j
ETi = total yearly uncontrolled HAP emissions
ETo = total yearly actual HAP emissions
n = number of tanks included in the emissions average
(4) The overall percent reduction efficiency shall be calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TR21SE98.053
Where:
R = overall percent reduction efficiency
D = discount factor = 1.1 for all controlled storage tanks
(h) Compliance with process vent provisions by using emissions
averaging. An owner or operator with two or more affected processes
complying with Sec. 63.1254 by using emissions averaging shall
demonstrate compliance with paragraphs (h)(1), (2) and (3) of this
section.
(1) The owner or operator shall develop and submit for approval an
Implementation Plan at least 6 months prior to the compliance date of
the standard containing all the information required in Sec.
63.1259(e). The Administrator shall have 90 days to approve or
disapprove the emissions averaging plan. The plan shall be considered
approved if the Administrator either approves the plan in writing, or
fails to disapprove the plan in writing. The 90-day period shall begin
when the Administrator receives the request. If the request is denied,
the owner or operator must still be in compliance with the standard by
the compliance date.
(2) Owners or operators shall calculate uncontrolled and controlled
emissions of HAP by using the methods specified in paragraph (d)(2) and
(3) of this section for each process included in the emissions average.
(3) Equations 60 and 61 of this subpart shall be used to calculate
total HAP emissions:
[GRAPHIC] [TIFF OMITTED] TR29AU00.009
[GRAPHIC] [TIFF OMITTED] TR29AU00.010
Where:
EUi = yearly uncontrolled emissions from process i.
ECi = yearly actual emissions for process i.
ETU = total yearly uncontrolled emissions.
ETC = total yearly actual emissions.
n = number of processes included in the emissions average.
(4) The overall percent reduction efficiency shall be calculated
using Equation 62 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR21SE98.056
Where:
R = overall percent reduction efficiency
D = discount factor = 1.1 for all controlled emission points
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52609, Aug. 29, 2000;
66 FR 40134, Aug. 2, 2001; 76 FR 22600, Apr. 21, 2011]
Sec. 63.1258 Monitoring Requirements.
(a) The owner or operator of any existing, new, or reconstructed
affected source shall provide evidence of continued compliance with the
standard as
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specified in this section. During the initial compliance demonstration,
maximum or minimum operating parameter levels, as appropriate, shall be
established for emission sources that will indicate the source is in
compliance. Test data, calculations, or information from the evaluation
of the control device design shall be used to establish the operating
parameter level.
(b) Monitoring for control devices--(1) Parameters to monitor.
Except as specified in paragraph (b)(1)(i) of this section, for each
control device, the owner or operator shall install and operate
monitoring devices and operate within the established parameter levels
to ensure continued compliance with the standard. Monitoring parameters
are specified for control scenarios in Table 4 of this subpart and in
paragraphs (b)(1)(ii) through (xi) of this section.
(i) Periodic verification. For control devices that control vent
streams totaling less than 1 ton/yr HAP emissions, before control,
monitoring shall consist of a daily verification that the device is
operating properly. If the control device is used to control batch
process vents alone or in combination with other streams, the
verification may be on a per batch basis. This verification shall
include, but not be limited to, a daily or per batch demonstration that
the unit is working as designed and may include the daily measurements
of the parameters described in (b)(1)(ii) through (x) of this section.
This demonstration shall be included in the Precompliance report, to be
submitted 6 months prior to the compliance date of the standard.
(ii) Scrubbers. For affected sources using liquid scrubbers, the
owner or operator shall establish a minimum scrubber liquid flow rate or
pressure drop as a site-specific operating parameter which must be
measured and recorded every 15 minutes during the period in which the
scrubber is functioning in achieving the HAP removal required by this
subpart. If the scrubber uses a caustic solution to remove acid
emissions, the owner or operator shall establish a minimum pH of the
effluent scrubber liquid as a site-specific operating parameter which
must be monitored at least once a day. As an alternative to measuring
pH, you may elect to continuously monitor the caustic strength of the
scrubber effluent. The minimum scrubber flowrate or pressure drop shall
be based on the conditions anticipated under worst-case conditions, as
defined in Sec. 63.1257(b)(8)(i).
(A) The monitoring device used to determine the pressure drop shall
be certified by the manufacturer to be accurate to within a gage
pressure of 10 percent of the maximum pressure
drop measured.
(B) The monitoring device used for measurement of scrubber liquid
flowrate shall be certified by the manufacturer to be accurate within
10 percent of the design scrubber liquid flowrate.
(C) The monitoring device shall be calibrated annually.
(iii) Condensers. For each condenser, the owner or operator shall
establish the maximum condenser outlet gas temperature or product side
temperature as a site specific operating parameter which much be
measured and recorded at least every 15 minutes during the period in
which the condenser is functioning in achieving the HAP removal required
by this subpart.
(A) The temperature monitoring device must be accurate to within
2 percent of the temperature measured in degrees
Celsius or 2.5 [deg]C, whichever is greater.
(B) The temperature monitoring device must be calibrated annually.
(iv) Regenerative carbon adsorbers. For each regenerative carbon
adsorber, the owner or operator shall comply with the provisions in
paragraphs (b)(1)(iv)(A) through (F) of this section.
(A) Establish the regeneration cycle characteristics specified in
paragraphs (b)(1)(iv)(A)(1) through (4) of this section under worst-case
conditions, as defined in Sec. 63.1257(b)(8)(i).
(1) Minimum regeneration frequency (i.e., operating time since last
regeneration);
(2) Minimum temperature to which the bed is heated during
regeneration;
(3) Maximum temperature to which the bed is cooled, measured within
15 minutes of completing the cooling phase; and
(4) Minimum regeneration stream flow.
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(B) Monitor and record the regeneration cycle characteristics
specified in paragraphs (b)(1)(iv)(B)(1) through (4) of this section for
each regeneration cycle.
(1) Regeneration frequency (operating time since end of last
regeneration);
(2) Temperature to which the bed is heated during regeneration;
(3) Temperature to which the bed is cooled, measured within 15
minutes of the completion of the cooling phase; and
(4) Regeneration stream flow.
(C) Use a temperature monitoring device that is accurate to within
2 percent of the temperature measured in degrees
Celsius or 2.5 [deg]C, whichever is greater.
(D) Use a regeneration stream flow monitoring device capable of
recording the total regeneration stream flow to within 10 percent of the established value (i.e., accurate to
within 10 percent of the reading).
(E) Calibrate the temperature and flow monitoring devices annually.
(F) Conduct an annual check for bed poisoning in accordance with
manufacturer's specifications.
(v) Nonregenerative carbon adsorbers. For each nonregenerative
carbon adsorber, the owner or operator shall establish and monitor the
maximum time interval between replacement based on the conditions
anticipated under worst-case, as defined in Sec. 63.1257(b)(8)(i).
(vi) Flares. For each flare, the presence of the pilot flame shall
be monitored every 15 minutes during the period in which the flare is
functioning in achieving the HAP removal required by this subpart.
(vii) Thermal incinerators. For each thermal incinerator, the owner
or operator shall establish the minimum temperature of the gases exiting
the combustion chamber as the site-specific operating parameter which
must be measured and recorded at least once every 15 minutes during the
period in which the combustion device is functioning in achieving the
HAP removal required by this subpart.
(A) The temperature monitoring device must be accurate to within
0.75 percent of the temperature measured in
degrees Celsius or 2.5 [deg]C, whichever is
greater.
(B) The monitoring device must be calibrated annually.
(viii) Catalytic incinerators. For each catalytic incinerator, the
owner or operator shall monitor the temperature of the gas stream
immediately before and after the catalyst bed. The owner or operator
shall establish the minimum temperature of the gas stream immediately
before the catalyst bed and the minimum temperature difference across
the catalyst bed as the site-specific operating parameter which must be
monitored and recorded at least once every 15 minutes during the period
in which the catalytic incinerator is functioning in achieving the HAP
removal required by this subpart.
(A) The temperature monitoring devices must be accurate to within
0.75 percent of the temperature measured in
degrees Celsius or 2.5 [deg]C, whichever is
greater.
(B) The temperature monitoring devices must be calibrated annually.
(ix) Process heaters and boilers. (A) Except as specified in
paragraph (b)(1)(ix)(B) of this section, for each boiler or process
heater, the owner or operator shall establish the minimum temperature of
the gases exiting the combustion chamber as the site-specific operating
parameter which must be monitored and recorded at least once every 15
minutes during the period in which the boiler or process heater is
functioning in achieving the HAP removal required by this subpart.
(1) The temperature monitoring device must be accurate to within
0.75 percent of the temperature measured in
degrees Celsius or 2.5 [deg]C, whichever is
greater.
(2) The temperature monitoring device must be calibrated annually.
(B) The owner or operator is exempt from the monitoring requirements
specified in paragraph (b)(1)(ix)(A) of this section if either:
(1) All vent streams are introduced with primary fuel; or
(2) The design heat input capacity of the boiler or process heater
is 44 megawatts or greater.
(x) Continuous emission monitor. As an alternative to the parameters
specified in paragraphs (b)(1)(ii) through (ix) of
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this section, an owner or operator may monitor and record the outlet HAP
concentration or both the outlet TOC concentration and outlet hydrogen
halide and halogen concentration every 15 minutes during the period in
which the control device is functioning in achieving the HAP removal
required by this subpart. The owner or operator need not monitor the
hydrogen halide and halogen concentration if, based on process
knowledge, the owner or operator determines that the emission stream
does not contain hydrogen halides or halogens. The HAP or TOC monitor
must meet the requirements of Performance Specification 8 or 9 of
appendix B of part 60 and must be installed, calibrated, and maintained,
according to Sec. 63.8. As part of the QA/QC Plan, calibration of the
device must include, at a minimum, quarterly cylinder gas audits.
(xi) CVS visual inspections. The owner or operator shall perform
monthly visual inspections of each closed vent system as specified in
Sec. 63.1252(b).
(2) Averaging periods. Averaging periods for parametric monitoring
levels shall be established according to paragraphs (b)(2)(i) through
(iii) of this section.
(i) Except as provided in paragraph (b)(2)(iii) of this section, a
daily (24-hour) or block average shall be calculated as the average of
all values for a monitored parameter level set according to the
procedures in (b)(3)(iii) of this section recorded during the operating
day or block.
(ii) The operating day or block shall be defined in the Notification
of Compliance Status report. The daily average may be from midnight to
midnight or another continuous 24-hour period. The block average is
limited to a period of time that is, at a maximum, equal to the time
from the beginning to end of a batch process.
(iii) Monitoring values taken during periods in which the control
devices are not functioning in controlling emissions, as indicated by
periods of no flow, shall not be considered in the averages. Where flow
to the device could be intermittent, the owner or operator shall
install, calibrate and operate a flow indicator at the inlet or outlet
of the control device to identify periods of no flow.
(3) Procedures for setting parameter levels for control devices used
to control emissions--(i) Small control devices. Except as provided in
paragraph (b)(1)(i) of this section, for devices controlling less than
10 tons per year of HAP for which a performance test is not required,
the parametric levels shall be set based on the design evaluation
required in Sec. 63.1257(d)(3)(i). If a performance test is conducted,
the monitoring parameter level shall be established according to the
procedures in (b)(3)(ii) of this section.
(ii) Large control devices. For devices controlling greater than 10
tons per year of HAP for which a performance test is required, the
parameter level must be established as follows:
(A) If the operating parameter level to be established is a maximum,
it must be based on the average of the values from each of the three
test runs.
(B) If the operating parameter level to be established is a minimum,
it must be based on the average of the values from each of the three
test runs.
(C) The owner or operator may establish the parametric monitoring
level(s) based on the performance test supplemented by engineering
assessments and manufacturer's recommendations. Performance testing is
not required to be conducted over the entire range of expected parameter
values. The rationale for the specific level for each parameter,
including any data and calculations used to develop the level(s) and a
description of why the level indicates proper operation of the control
device shall be provided in the Precompliance report. The procedures
specified in this section have not been approved by the Administrator
and determination of the parametric monitoring level using these
procedures is subject to review and approval by the Administrator.
(iii) Parameters for control devices controlling batch process
vents. For devices controlling batch process vents alone or in
combination with other streams, the parameter level(s) shall be
established in accordance with paragraph (b)(3)(iii)(A) or (B) of this
section.
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(A) If more than one batch emission episode has been selected to be
controlled, a single level for the batch process(es) shall be determined
from the initial compliance demonstration.
(B) Instead of establishing a single level for the batch
process(es), as described in paragraph (b)(3)(iii)(A) of this section,
an owner or operator may establish separate levels for each batch
emission episode, selected to be controlled. If separate monitoring
levels are established, the owner or operator must provide a record
indicating at what point in the daily schedule or log of processes
required to be recorded per the requirements of Sec. 63.1259(b)(9) the
parameter being monitored changes levels and must record at least one
reading of the new parameter level, even if the duration of monitoring
for the new parameter is less than 15-minutes.
(4) Request approval to monitor alternative parameters. An owner or
operator may request approval to monitor parameters other than those
required by paragraphs (b)(1)(ii) through (ix) of this section. The
request shall be submitted according to the procedures specified in
Sec. 63.8(f) or included in the Precompliance report.
(5) Monitoring for the alternative standards. (i) For control
devices that are used to comply with the provisions of Sec. 63.1253(d)
or Sec. 63.1254(c), the owner or operator shall monitor and record the
outlet TOC concentration and the outlet hydrogen halide and halogen
concentration every 15 minutes during the period in which the device is
functioning in achieving the HAP removal required by this subpart using
CEMS as specified in paragraphs (b)(5)(i)(A) through (D) of this
section.
(A) A TOC monitor meeting the requirements of EPA Performance
Specification 8, 9, or 15 of appendix B of 40 CFR part 60 shall be
installed, calibrated, and maintained according to Sec. 63.8.
(B) Except as specified in paragraphs (b)(5)(i)(C) and (D) of this
section, the owner or operator must monitor HCl using either a FTIR CEMS
that meets Performance Specification 15 of appendix B of part 60 or any
other CEMS capable of measuring HCl for which a performance
specification has been promulgated in appendix B of part 60. To monitor
HCl with a CEMS for which a performance specification has not been
promulgated, the owner or operator must prepare a monitoring plan and
submit it for approval in accordance with the procedures specified in
Sec. 63.8.
(C) As an alternative to using a CEMS as specified in paragraph
(b)(5)(i)(B) of this section to monitor halogenated vent streams that
are controlled by a combustion device followed by a scrubber, the owner
or operator may elect to monitor scrubber operating parameters as
specified in paragraph (b)(1)(ii) of this section that demonstrate the
HCl emissions are reduced by at least 95 percent by weight.
(D) The owner or operator need not monitor the hydrogen halide and
halogen concentration if, based on process knowledge, the owner or
operator determines that the emission stream does not contain hydrogen
halides or halogens.
(ii) An owner or operator complying with the alternative standard
using control devices in which supplemental gases are added to the vents
or manifolds must either correct for supplemental gases as specified in
Sec. 63.1257(a)(3) or comply with the requirements of paragraph
(b)(5)(ii)(A) or (B) of this section. If the owner or operator corrects
for supplemental gases as specified in Sec. 63.1257(a)(3)(ii) for
noncombustion control devices, the flow rates must be evaluated as
specified in paragraph (b)(5)(ii)(C) of this section.
(A) Provisions for combustion devices. As an alternative to
correcting for supplemental gases as specified in Sec. 63.1257(a)(3),
the owner or operator may monitor residence time and firebox temperature
according to the requirements of paragraphs (b)(5)(ii)(A)(1) and (2) of
this section. Monitoring of residence time may be accomplished by
monitoring flowrate into the combustion chamber.
(1) If complying with the alternative standard instead of achieving
a control efficiency of 95 percent or less, the owner or operator must
maintain a minimum residence time of 0.5 seconds and a minimum
combustion chamber temperature of 760 [deg]C.
(2) If complying with the alternative standard instead of achieving
a control
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efficiency of 98 percent, the owner or operator must maintain a minimum
residence time of 0.75 seconds and a minimum combustion chamber
temperature of 816 [deg]C.
(B) Provisions for dense gas systems. As an alternative to
correcting for supplemental gases as specified in Sec. 63.1257(a)(3),
for noncombustion devices used to control emissions from dense gas
systems, as defined in Sec. 63.1251, the owner or operator shall
monitor flowrate as specified in paragraphs (b)(5)(ii)(B)(1) through (4)
of this section.
(1) Use Equation 63 of this subpart to calculate the system flowrate
setpoint at which the average concentration is 5,000 ppmv TOC:
[GRAPHIC] [TIFF OMITTED] TR29AU00.011
Where:
Fs = system flowrate setpoint, scfm
Ean = annual emissions entering the control device, lbmols/yr
(2) Annual emissions used in Equation 63 of this subpart must be
based on the actual mass of organic compounds entering the control
device, as calculated from the most representative emissions inventory
data submitted within the 5 years before the Notification of Compliance
Status report is due. The owner or operator must recalculate the system
flowrate setpoint once every 5 years using the annual emissions from the
most representative emissions inventory data submitted during the 5-year
period after the previous calculation. Results of the initial
calculation must be included in the Notification of Compliance Status
report, and recalculated values must be included in the next Periodic
report after each recalculation. For all calculations after the initial
calculation, to use emissions inventory data calculated using procedures
other than those specified in Sec. 63.1257(d), the owner or operator
must submit the emissions inventory data calculations and rationale for
their use in the Notification of Process Change report or an application
for a part 70 permit renewal or revision.
(3) In the Notification of Compliance Status report, the owner or
operator may elect to establish both a maximum daily average operating
flowrate limit above the flowrate setpoint and a reduced outlet
concentration limit corresponding to this flowrate limit. The owner or
operator may also establish reduced outlet concentration limits for any
daily average flowrates between the flowrate setpoint and the flowrate
limit. The correlation between these elevated flowrates and the
corresponding outlet concentration limits must be established using
Equation 64 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.012
Where:
Ca = adjusted outlet concentration limit, dry basis, ppmv
50 = outlet concentration limit associated with the flowrate setpoint,
dry basis, ppmv
Fs = system flowrate setpoint, scfm
Fa = actual system flowrate limit, scfm
(4) The owner or operator must install and operate a monitoring
system for measuring system flowrate. The flowrate into the control
device must be monitored and recorded at least once every hour. The
system flowrate must be calculated as the average of all values measured
during each 24-hour operating day. The flowrate monitoring device must
be accurate to within 5 percent of the system flowrate setpoint, and the
flowrate monitoring device must be calibrated annually.
(C) Flow rate evaluation for noncombustion devices. To demonstrate
continuous compliance with the requirement to correct for supplemental
gases as specified in Sec. 63.1257(a)(3)(ii) for noncombustion devices,
the owner or operator must evaluate the volumetric flow rate of
supplemental gases, Vs, and the volumetric flow rate of all
gases, Va, each time a new operating scenario is implemented
based on process knowledge and representative operating data. The
procedures used to evaluate the flow rates, and the resulting correction
factor used in Equation 7B of this subpart, must be included in the
Notification of Compliance Status report and in the next Periodic report
submitted after an operating scenario change.
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(6) Exceedances of operating parameters. An exceedance of an
operating parameter is defined as one of the following:
(i) If the parameter, averaged over the operating day or block, is
below a minimum value established during the initial compliance
demonstration.
(ii) If the parameter, averaged over the operating day or block, is
above the maximum value established during the initial compliance
demonstration.
(iii) Each loss of all pilot flames for flares.
(7) Excursions. Excursions are defined by either of the two cases
listed in paragraphs (b)(7)(i) or (ii) of this section.
(i) When the period of control device operation is 4 hours or
greater in an operating day and monitoring data are insufficient to
constitute a valid hour of data, as defined in paragraph (b)(7)(iii) of
this section, for at least 75 percent of the operating hours.
(ii) When the period of control device operation is less than 4
hours in an operating day and more than one of the hours during the
period of operation does not constitute a valid hour of data due to
insufficient monitoring data.
(iii) Monitoring data are insufficient to constitute a valid hour of
data, as used in paragraphs (b)(7)(i) and (ii) of this section, if
measured values are unavailable for any of the required 15-minute
periods within the hour.
(8) Violations. Exceedances of parameters monitored according to the
provisions of paragraphs (b)(1)(ii), (iv) through (ix), and
(b)(5)(ii)(A) and (B) of this section, or excursions as defined by
paragraphs (b)(7)(i) through (iii) of this section, constitute
violations of the operating limit according to paragraphs (b)(8)(i),
(ii), and (iv) of this section. Exceedances of the temperature limit
monitored according to the provisions of paragraph (b)(1)(iii) of this
section or exceedances of the outlet concentrations monitored according
to the provisions of paragraph (b)(1)(x) of this section constitute
violations of the emission limit according to paragraphs (b)(8)(i),
(ii), and (iv) of this section. Exceedances of the outlet concentrations
monitored according to the provisions of paragraph (b)(5) of this
section constitute violations of the emission limit according to the
provisions of paragraphs (b)(8)(iii) and (iv) of this section.
(i) Except as provided in paragraph (b)(8)(iv) of this section, for
episodes occurring more than once per day, exceedances of established
parameter limits or excursions will result in no more than one violation
per operating day for each monitored item of equipment utilized in the
process.
(ii) Except as provided in paragraph (b)(8)(iv) of this section, for
control devices used for more than one process in the course of an
operating day, exceedances or excursions will result in no more than one
violation per operating day, per control device, for each process for
which the control device is in service.
(iii) Except as provided in paragraph (b)(8)(iv) of this section,
exceedances of the 20 or 50 ppmv TOC outlet emission limit, averaged
over the operating day, will result in no more than one violation per
day per control device. Except as provided in paragraph (b)(8)(iv) of
this section, exceedances of the 20 or 50 ppmv hydrogen halide or
halogen outlet emission limit, averaged over the operating day, will
result in no more than one violation per day per control device.
(c) Monitoring for emission limits. The owner or operator of any
affected source complying with the provisions of Sec. 63.1254(a)(2)
shall demonstrate continuous compliance with the 900 and 1,800 kg/yr
emission limits by calculating daily 365-day rolling summations of
emissions. During periods of planned routine maintenance when emissions
are controlled as specified in Sec. 63.1252(h), the owner or operator
must calculate controlled emissions assuming the HAP emissions are
reduced by 93 percent. For any owner or operator opting to switch
compliance strategy from the 93 percent control requirement to the
annual mass emission limit method, as described in Sec.
63.1254(a)(1)(i), the rolling summations, beginning with the first day
after the switch, must include emissions from the past 365 days.
(d) Monitoring for equipment leaks. The owner or operator of any
affected source complying with the requirements of Sec. 63.1255 of this
subpart shall
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meet the monitoring requirements described Sec. 63.1255 of this
subpart.
(e) Pollution prevention. The owner or operator of any affected
source that chooses to comply with the requirements of Sec. Sec.
63.1252(e)(2) and (3) shall calculate a yearly rolling average of kg HAP
consumption per kg production and kg VOC consumption per kg production
every month or every 10 batches. Each rolling average kg/kg factor that
exceeds the value established in Sec. 63.1257(f)(1)(ii) will be
considered a violation of the emission limit.
(f) Emissions averaging. The owner or operator of any affected
source that chooses to comply with the requirements of Sec. 63.1252(d)
shall meet all monitoring requirements specified in paragraphs (b)(1)
and (3) of this section, as applicable, for all processes and storage
tanks included in the emissions average.
(g) Inspection and monitoring of waste management units and
treatment processes. (1) For each wastewater tank, surface impoundment,
container, individual drain system, and oil-water separator that
receives, manages, or treats wastewater, a residual removed from
wastewater, a recycled wastewater, or a recycled residual removed from
wastewater, the owner or operator shall comply with the inspection
requirements specified in Table 7 of this subpart.
(2) For each biological treatment unit used to comply with Sec.
63.1256(g), the owner or operator shall monitor TSS, BOD, and the
biomass concentration at a frequency approved by the permitting
authority and using methods approved by the permitting authority. The
owner or operator may request approval to monitor other parameters. The
request shall be submitted in the Precompliance report according to the
procedures specified in Sec. 63.1260(e), and shall include a
description of planned reporting and recordkeeping procedures. The owner
or operator shall include as part of the submittal the basis for the
selected monitoring frequencies and the methods that will be used. The
Administrator will specify appropriate reporting and recordkeeping
requirements as part of the review of the permit application or by other
appropriate means.
(3) For nonbiological treatment units, the owner or operator shall
request approval to monitor appropriate parameters that demonstrate
proper operation of the selected treatment process. The request shall be
submitted in the Precompliance report according to the procedures
specified in Sec. 63.1260(e), and shall include a description of
planned reporting and recordkeeping procedures. The Administrator will
specify appropriate reporting and recordkeeping requirements as part of
the review of the permit application or by other appropriate means.
(h) Leak inspection provisions for vapor suppression equipment. (1)
Except as provided in paragraph (h)(9) and (10) of this section, for
each vapor collection system, closed-vent system, fixed roof, cover, or
enclosure required to comply with this section, the owner or operator
shall comply with the requirements of paragraphs (h)(2) through (8) of
this section.
(2) Except as provided in paragraphs (h)(6) and (7) of this section,
each vapor collection system and closed-vent system shall be inspected
according to the procedures and schedule specified in paragraphs
(h)(2)(i) and (ii) of this section and each fixed roof, cover, and
enclosure shall be inspected according to the procedures and schedule
specified in paragraph (h)(2)(iii) of this section.
(i) If the vapor collection system or closed-vent system is
constructed of hard-piping, the owner or operator shall:
(A) Conduct an initial inspection according to the procedures in
paragraph (h)(3) of this section, and
(B) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(ii) If the vapor collection system or closed-vent system is
constructed of ductwork, the owner or operator shall:
(A) Conduct an initial inspection according to the procedures in
paragraph (h)(3) of this section, and
(B) Conduct annual inspections according to the procedures in
paragraph (h)(3) of this section.
(C) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(iii) For each fixed roof, cover, and enclosure, the owner or
operator shall:
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(A) Conduct an initial inspection according to the procedures in
paragraph (h)(3) of this section, and
(B) Conduct semiannual visual inspections for visible, audible, or
olfactory indications of leaks.
(3) Each vapor collection system, closed-vent system, fixed roof,
cover, and enclosure shall be inspected according to the procedures
specified in paragraphs (h)(3)(i) through (v) of this section.
(i) Inspections shall be conducted in accordance with Method 21 of
40 CFR part 60, appendix A.
(ii) Detection instrument performance criteria. (A) Except as
provided in paragraph (h)(3)(ii)(B) of this section, the detection
instrument shall meet the performance criteria of Method 21 of 40 CFR
part 60, appendix A, except the instrument response factor criteria in
section 3.1.2(a) of Method 21 shall be for the average composition of
the process fluid not each individual VOC in the stream. For process
streams that contain nitrogen, air, or other inerts which are not
organic HAP or VOC, the average stream response factor shall be
calculated on an inert-free basis.
(B) If no instrument is available at the plant site that will meet
the performance criteria specified in paragraph (h)(3)(ii)(A) of this
section, the instrument readings may be adjusted by multiplying by the
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (h)(3)(ii)(A) of this section.
(iii) The detection instrument shall be calibrated before use on
each day of its use by the procedures specified in Method 21 of 40 CFR
part 60, appendix A.
(iv) Calibration gases shall be as follows:
(A) Zero air (less than 10 parts per million hydrocarbon in air);
and
(B) Mixtures of methane in air at a concentration less than 10,000
parts per million. A calibration gas other than methane in air may be
used if the instrument does not respond to methane or if the instrument
does not meet the performance criteria specified in paragraph
(h)(2)(ii)(A) of this section. In such cases, the calibration gas may be
a mixture of one or more of the compounds to be measured in air.
(v) An owner or operator may elect to adjust or not adjust
instrument readings for background. If an owner or operator elects to
not adjust readings for background, all such instrument readings shall
be compared directly to the applicable leak definition to determine
whether there is a leak. If an owner or operator elects to adjust
instrument readings for background, the owner or operator shall measure
background concentration using the procedures in Sec. 63.180(b) and
(c). The owner or operator shall subtract background reading from the
maximum concentration indicated by the instrument.
(vi) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60 appendix A.
(vii) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
with 500 parts per million for determining compliance.
(4) Leaks, as indicated by an instrument reading greater than 500
parts per million above background or by visual inspections, shall be
repaired as soon as practicable, except as provided in paragraph (h)(5)
of this section.
(i) A first attempt at repair shall be made no later than 5 calendar
days after the leak is detected.
(ii) Repair shall be completed no later than 15 calendar days after
the leak is detected, except as provided in paragraph (h)(4)(iii) of
this section.
(iii) For leaks found in vapor collection systems used for transfer
operations, repairs shall be completed no later than 15 calendar days
after the leak is detected or at the beginning of the next transfer
loading operation, whichever is later.
(5) Delay of repair of a vapor collection system, closed-vent
system, fixed roof, cover, or enclosure for which leaks have been
detected is allowed if the repair is technically infeasible without a
shutdown, as defined in Sec. 63.1251, or if the owner or operator
determines that emissions resulting from immediate repair would be
greater than the fugitive emissions likely to result from delay of
repair. Repair of such equipment shall be complete by the end of the
next shutdown.
[[Page 211]]
(6) Any parts of the vapor collection system, closed-vent system,
fixed roof, cover, or enclosure that are designated, as described in
paragraph (h)(8) of this section, as unsafe to inspect are exempt from
the inspection requirements of paragraphs (h)(2)(i), (ii), and (iii) of
this section if:
(i) The owner or operator determines that the equipment is unsafe to
inspect because inspecting personnel would be exposed to an imminent or
potential danger as a consequence of complying with paragraphs
(h)(2)(i), (ii), or (iii) of this section; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
(7) Any parts of the vapor collection system, closed-vent system,
fixed roof, cover, or enclosure that are designated, as described in
paragraph (h)(8) of this section, as difficult to inspect are exempt
from the inspection requirements of paragraphs (h)(2)(i), (ii), and
(iii)(A) of this section if:
(i) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
above a support surface; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years.
(8) Records shall be maintained as specified in Sec. 63.1259(i) (4)
through (9).
(9) If a closed-vent system subject to this section is also subject
to the equipment leak provisions of Sec. 63.1255, the owner or operator
shall comply with the provisions of Sec. 63.1255 and is exempt from the
requirements of this section.
(10) Instead of complying with the provisions of paragraphs (h)(2)
through (8) of this section, an owner or operator may design a closed-
vent system to operate at a pressure below atmospheric pressure. The
system shall be equipped with at least one pressure gauge or other
pressure measurement device that can be read from a readily accessible
location to verify that negative pressure is being maintained in the
closed-vent system when the associated control device is operating.
(i) Planned routine maintenance. During periods of planned routine
maintenance when organic HAP emissions are controlled as specified in
Sec. 63.1252(h)(2), the owner or operator must monitor the condenser
outlet gas temperature according to the procedures specified in
paragraph (b)(1)(iii) of this section. During periods of planned routine
maintenance when HCl emissions are controlled as specified in Sec.
63.1252(h)(3), the owner or operator must monitor the pH of the scrubber
effluent once per day.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52612, Aug. 29, 2000;
66 FR 40134, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr.
20, 2006; 76 FR 22601, Apr. 21, 2011]
Sec. 63.1259 Recordkeeping requirements.
(a) Requirements of subpart A of this part. The owner or operator of
an affected source shall comply with the recordkeeping requirements in
subpart A of this part as specified in Table 1 of this subpart and in
paragraphs (a)(1) through (5) of this section.
(1) Data retention. Each owner or operator of an affected source
shall keep copies of all records and reports required by this subpart
for at least 5 years, as specified in Sec. 63.10(b)(1).
(2) Records of applicability determinations. The owner or operator
of a stationary source that is not subject to this subpart shall keep a
record of the applicability determination, as specified in Sec.
63.10(b)(3).
(3) Malfunction records. Each owner or operator of an affected
source subject to this subpart shall maintain records of the occurrence
and duration of each malfunction of operation (i.e., process equipment),
air pollution control equipment, or monitoring equipment. Each owner or
operator shall maintain records of actions taken during periods of
malfunction to minimize emissions in accordance with Sec.
63.1250(g)(3), including corrective actions to restore malfunctioning
process and air pollution control and monitoring equipment to its normal
or usual manner of operation.
(4) Recordkeeping requirements for sources with continuous
monitoring systems. The owner or operator of an affected source who
elects to install a continuous monitoring system shall maintain records
specified in Sec. 63.10(c)(1) through (14).
[[Page 212]]
(5) Application for approval of construction or reconstruction. For
new affected sources, each owner or operator shall comply with the
provisions in Sec. 63.5 regarding construction and reconstruction,
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H), (d)(2),
and (d)(3)(ii).
(b) Records of equipment operation. The owner or operator must keep
the following records up-to-date and readily accessible:
(1) Each measurement of a control device operating parameter
monitored in accordance with Sec. 63.1258 and each measurement of a
treatment process parameter monitored in accordance with Sec.
63.1258(g)(2) and (3).
(2) For processes subject to Sec. 63.1252(e), records of
consumption, production, and the rolling average values of the
production-indexed HAP and VOC consumption factors.
(3) For each continuous monitoring system used to comply with this
subpart, records documenting the completion of calibration checks and
maintenance of continuous monitoring systems.
(4) For purposes of compliance with the annual mass limits of Sec.
63.1254(a)(2) and (b)(2), daily records of the rolling annual total
emissions.
(5) Records of the following, as appropriate:
(i) For processes that are in compliance with the percent reduction
requirements of Sec. 63.1254(a)(1) or (b)(1) and that contain vents
controlled to less than the percent reduction requirement, the records
specified in paragraphs (b)(5)(i)(A) through (C) of this section are
required.
(A) Standard batch uncontrolled and controlled emissions for each
process;
(B) Actual uncontrolled and controlled emissions for each
nonstandard batch; and
(C) A record whether each batch operated was considered a standard
batch.
(ii) For processes in compliance with the annual mass limits of
Sec. 63.1254(a)(2) or (b)(2), the following records are required:
(A) The number of batches per year for each batch process;
(B) The operating hours per year for continuous processes;
(C) Standard batch uncontrolled and controlled emissions for each
process;
(D) Actual controlled emissions for each batch operated during
periods of planned routine maintenance of a CCCD, calculated according
to Sec. 63.1258(c).
(E) Actual uncontrolled and controlled emissions for each
nonstandard batch;
(F) A record whether each batch operated was considered a standard
batch.
(6) Wastewater concentration per POD or process, except as provided
in Sec. 63.1256(a)(1)(ii).
(7) Number of storage tank turnovers per year, if used in an
emissions average.
(8) A schedule or log of each operating scenario updated daily or,
at a minimum, each time a different operating scenario is put into
operation.
(9) Description of worst-case operating conditions as required in
Sec. 63.1257(b)(8).
(10) Periods of planned routine maintenance as described in
Sec. Sec. 63.1252(h) and 63.1257(c)(5).
(11) If the owner or operator elects to comply with Sec. 63.1253(b)
or (c) by installing a floating roof, the owner or operator must keep
records of each inspection and seal gap measurement in accordance with
Sec. 63.123(c) through (e) as applicable.
(12) If the owner or operator elects to comply with the vapor
balancing alternative in Sec. 63.1253(f), the owner or operator must
keep records of the DOT certification required by Sec. 63.1253(f)(2)
and the pressure relief vent setting and the leak detection records
specified in Sec. 63.1253(f)(5).
(13) All maintenance performed on the air pollution control
equipment.
(c) Records of operating scenarios. The owner or operator of an
affected source shall keep records of each operating scenario which
demonstrates compliance with this subpart.
(d) Records of equipment leak detection and repair programs. The
owner or operator of any affected source implementing the leak detection
and repair (LDAR) program specified in Sec. 63.1255 of this subpart,
shall implement the recordkeeping requirements in Sec. 63.1255 of this
subpart.
[[Page 213]]
(e) Records of emissions averaging. The owner or operator of any
affected source that chooses to comply with the requirements of Sec.
63.1252(d) shall maintain up-to-date records of the following
information:
(1) An Implementation Plan which shall include in the plan, for all
process vents and storage tanks included in each of the averages, the
information listed in paragraphs (e)(1)(i) through (v) of this section.
(i) The identification of all process vents and storage tanks in
each emissions average.
(ii) The uncontrolled and controlled emissions of HAP and the
overall percent reduction efficiency as determined in Sec. Sec.
63.1257(g)(1) through (4) or 63.1257(h)(1) through (3) as applicable.
(iii) The calculations used to obtain the uncontrolled and
controlled HAP emissions and the overall percent reduction efficiency.
(iv) The estimated values for all parameters required to be
monitored under Sec. 63.1258(f) for each process and storage tank
included in an average.
(v) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping and reporting provisions in Sec. Sec.
63.1257(g) and (h), 63.1258(f), and 63.1260(k) that are applicable to
each emission point in the emissions average will be implemented
beginning on the date of compliance.
(2) The Implementation Plan must demonstrate that the emissions from
the processes and storage tanks proposed to be included in the average
will not result in greater hazard or, at the option of the operating
permit authority, greater risk to human health or the environment than
if the storage tanks and process vents were controlled according to the
provisions in Sec. Sec. 63.1253 and 63.1254, respectively.
(i) This demonstration of hazard or risk equivalency shall be made
to the satisfaction of the operating permit authority.
(A) The Administrator may require owners and operators to use
specific methodologies and procedures for making a hazard or risk
determination.
(B) The demonstration and approval of hazard or risk equivalency
shall be made according to any guidance that the Administrator makes
available for use or any other technically sound information or methods.
(ii) An emissions averaging plan that does not demonstrate hazard or
risk equivalency to the satisfaction of the Administrator shall not be
approved. The Administrator may require such adjustments to the
emissions averaging plan as are necessary in order to ensure that the
average will not result in greater hazard or risk to human health or the
environment than would result if the emission points were controlled
according to Sec. Sec. 63.1253 and 63.1254.
(iii) A hazard or risk equivalency demonstration must:
(A) Be a quantitative, comparative chemical hazard or risk
assessment;
(B) Account for differences between averaging and non-averaging
options in chemical hazard or risk to human health or the environment;
and
(C) Meet any requirements set by the Administrator for such
demonstrations.
(3) Records as specified in paragraphs (a), (b) and (d) of this
section.
(4) A rolling quarterly calculation of the annual percent reduction
efficiency as specified in Sec. 63.1257(g) and (h).
(f) Records of delay of repair. Documentation of a decision to use a
delay of repair due to unavailability of parts, as specified in Sec.
63.1256(i), shall include a description of the failure, the reason
additional time was necessary (including a statement of why replacement
parts were not kept onsite and when delivery from the manufacturer is
scheduled), and the date when the repair was completed.
(g) Record of wastewater stream or residual transfer. The owner or
operator transferring an affected wastewater stream or residual removed
from an affected wastewater stream in accordance with Sec.
63.1256(a)(5) shall keep a record of the notice sent to the treatment
operator stating that the wastewater stream or residual contains organic
HAP which are required to be managed and treated in accordance with the
provisions of this subpart.
(h) Records of extensions. The owner or operator shall keep
documentation of a decision to use an extension, as specified in Sec.
63.1256(b)(6)(ii) or (b)(9), in a
[[Page 214]]
readily accessible location. The documentation shall include a
description of the failure, documentation that alternate storage
capacity is unavailable, and specification of a schedule of actions that
will ensure that the control equipment will be repaired and the tank
will be emptied as soon as practical.
(i) Records of inspections. The owner or operator shall keep records
specified in paragraphs (i)(1) through (9) of this section.
(1) A record that each waste management unit inspection required by
Sec. 63.1256(b) through (f) was performed.
(2) A record that each inspection for control devices required by
Sec. 63.1256(h) was performed.
(3) A record of the results of each seal gap measurement required by
Sec. 63.1256(b)(5) and (f)(3). The records shall include the date of
measurement, the raw data obtained in the measurement, and the
calculations described in Sec. 63.120(b)(2) through (4).
(4) Records identifying all parts of the vapor collection system,
closed-vent system, fixed roof, cover, or enclosure that are designated
as unsafe to inspect in accordance with Sec. 63.1258(h)(6), an
explanation of why the equipment is unsafe to inspect, and the plan for
inspecting the equipment.
(5) Records identifying all parts of the vapor collection system,
closed-vent system, fixed roof, cover, or enclosure that are designated
as difficult to inspect in accordance with Sec. 63.1258(h)(7), an
explanation of why the equipment is difficult to inspect, and the plan
for inspecting the equipment.
(6) For each vapor collection system or closed-vent system that
contains bypass lines that could divert a vent stream away from the
control device and to the atmosphere, the owner or operator shall keep a
record of the information specified in either paragraph (i)(6)(i) or
(ii) of this section.
(i) Hourly records of whether the flow indicator specified under
Sec. 63.1252(b)(1) was operating and whether a diversion was detected
at any time during the hour, as well as records of the times and
durations of all periods when the vent stream is diverted from the
control device or the flow indicator is not operating.
(ii) Where a seal mechanism is used to comply with Sec.
63.1252(b)(2), hourly records of flow are not required. In such cases,
the owner or operator shall record that the monthly visual inspection of
the seals or closure mechanisms has been done, and shall record the
occurrence of all periods when the seal mechanism is broken, the bypass
line valve position has changed, or the key for a lock-and-key type lock
has been checked out, and records of any car-seal that has broken.
(7) For each inspection conducted in accordance with Sec.
63.1258(h)(2) and (3) during which a leak is detected, a record of the
information specified in paragraphs (i)(7)(i) through (ix) of this
section.
(i) Identification of the leaking equipment.
(ii) The instrument identification numbers and operator name or
initials, if the leak was detected using the procedures described in
Sec. 63.1258(h)(3); or a record that the leak was detected by sensory
observations.
(iii) The date the leak was detected and the date of the first
attempt to repair the leak.
(iv) Maximum instrument reading measured by the method specified in
Sec. 63.1258(h)(4) after the leak is successfully repaired or
determined to be nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(vi) The name, initials, or other form of identification of the
owner or operator (or designee) whose decision it was that repair could
not be effected without a shutdown.
(vii) The expected date of successful repair of the leak if a leak
is not repaired within 15 calendar days.
(viii) Dates of shutdowns that occur while the equipment is
unrepaired.
(ix) The date of successful repair of the leak.
(8) For each inspection conducted in accordance with Sec.
63.1258(h)(3) during which no leaks are detected, a record that the
inspection was performed, the date of the inspection, and a statement
that no leaks were detected.
[[Page 215]]
(9) For each visual inspection conducted in accordance with Sec.
63.1258(h)(2)(i)(B) or (h)(2)(iii)(B) of this section during which no
leaks are detected, a record that the inspection was performed, the date
of the inspection, and a statement that no leaks were detected.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52613, Aug. 29, 2000;
66 FR 40135, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr.
20, 2006; 76 FR 22601, Apr. 21, 2011]
Sec. 63.1260 Reporting requirements.
(a) The owner or operator of an affected source shall comply with
the reporting requirements of paragraphs (b) through (n) of this
section. Applicable reporting requirements of Sec. Sec. 63.9 and 63.10
are also summarized in Table 1 of this subpart.
(b) Initial notification. The owner or operator shall submit the
applicable initial notification in accordance with Sec. 63.9(b) or (d).
(c) Application for approval of construction or reconstruction. An
owner or operator who is subject to Sec. 63.5(b)(3) shall submit to the
Administrator an application for approval of the construction of a new
major affected source, the reconstruction of a major affected source, or
the reconstruction of a major source such that the source becomes a
major affected source subject to the standards. The application shall be
prepared in accordance with Sec. 63.5(d).
(d) Notification of CMS performance evaluation. An owner or operator
who is required by the Administrator to conduct a performance evaluation
for a continuous monitoring system shall notify the Administrator of the
date of the performance evaluation as specified in Sec. 63.8(e)(2).
(e) Precompliance report. The Precompliance report shall be
submitted at least 6 months prior to the compliance date of the
standard. For new sources, the Precompliance report shall be submitted
to the Administrator with the application for approval of construction
or reconstruction. The Administrator shall have 90 days to approve or
disapprove the plan. The plan shall be considered approved if the
Administrator either approves the plan in writing, or fails to
disapprove the plan in writing. The 90 day period shall begin when the
Administrator receives the request. If the request is denied, the owner
or operator must still be in compliance with the standard by the
compliance date. To change any of the information submitted in the
report, the owner or operator shall notify the Administrator 90 days
before the planned change is to be implemented; the change shall be
considered approved if the Administrator either approves the change in
writing, or fails to disapprove the change in writing. The Precompliance
report shall include:
(1) Requests for approval to use alternative monitoring parameters
or requests to set monitoring parameters according to Sec.
63.1258(b)(4).
(2) Descriptions of the daily or per batch demonstrations to verify
that control devices subject to Sec. 63.1258(b)(1)(i) are operating as
designed.
(3) A description of test conditions, and the corresponding
monitoring parameter values for parameters that are set according to
Sec. 63.1258(b)(3)(ii)(C).
(4) For owners and operators complying with the requirements of
Sec. 63.1252(e), the P2 demonstration summary required in Sec.
63.1257(f).
(5) Data and rationale used to support an engineering assessment to
calculate uncontrolled emissions from process vents as required in Sec.
63.1257(d)(2)(ii).
(6) Data and other information supporting the determination of
annual average concentrations by process simulation as required in Sec.
63.1257(e)(1)(ii).
(7) Bench scale or pilot-scale test data and rationale used to
determine annual average concentrations as required in Sec.
63.1257(e)(1)(ii)(C).
(f) Notification of Compliance Status report. The Notification of
Compliance Status report required under Sec. 63.9 shall be submitted no
later than 150 days after the compliance date and shall include:
(1) The results of any applicability determinations, emission
calculations, or analyses used to identify and quantify HAP emissions
from the affected source.
[[Page 216]]
(2) The results of emissions profiles, performance tests,
engineering analyses, design evaluations, or calculations used to
demonstrate compliance. For performance tests, results should include
descriptions of sampling and analysis procedures and quality assurance
procedures.
(3) Descriptions of monitoring devices, monitoring frequencies, and
the values of monitored parameters established during the initial
compliance determinations, including data and calculations to support
the levels established.
(4) Listing of all operating scenarios.
(5) Descriptions of worst-case operating and/or testing conditions
for control devices.
(6) Identification of emission points subject to overlapping
requirements described in Sec. 63.1250(h) and the authority under which
the owner or operator will comply.
(7) Anticipated periods of planned routine maintenance of a CCCD
subject to Sec. 63.1252(h) during the period between the compliance
date and the end of the period covered by the first Periodic report, and
if applicable, the rationale for why the planned routine maintenance
must be performed while a process with a vent subject to Sec.
63.1254(a)(3) will be operating.
(g) Periodic reports. An owner or operator shall prepare Periodic
reports in accordance with paragraphs (g)(1) and (2) of this section and
submit them to the Administrator.
(1) Submittal schedule. Except as provided in paragraphs (g)(1)(i),
(ii), and (iii) of this section, an owner or operator shall submit
Periodic reports semiannually. The first report shall be submitted no
later than 240 days after the Notification of Compliance Status is due
and shall cover the 6-month period beginning on the date the
Notification of Compliance Status is due. Each subsequent Periodic
report shall cover the 6-month period following the preceding period.
(i) When the Administrator determines on a case-by-case basis that
more frequent reporting is necessary to accurately assess the compliance
status of the affected source; or
(ii) Quarterly reports shall be submitted when the source
experiences an exceedance of a temperature limit monitored according to
the provisions of Sec. 63.1258(b)(1)(iii) or an exceedance of the
outlet concentration monitored according to the provisions of Sec.
63.1258(b)(1)(x) or (b)(5). Once an affected source reports quarterly,
the affected source shall follow a quarterly reporting format until a
request to reduce reporting frequency is approved. If an owner or
operator submits a request to reduce the frequency of reporting, the
provisions in Sec. 63.10(e)(3)(ii) and (iii) shall apply, except that
the phrase ``excess emissions and continuous monitoring system
performance report and/or summary report'' shall mean ``Periodic
report'' for the purposes of this section.
(iii) When a new operating scenario has been operated since the last
report, in which case quarterly reports shall be submitted.
(2) Content of Periodic report. The owner or operator shall include
the information in paragraphs (g)(2)(i) through (vii) of this section,
as applicable.
(i) Each Periodic report must include the information in Sec.
63.10(e)(3)(vi)(A) through (I) and (K) through (M). For each continuous
monitoring system, the Periodic report must also include the information
in Sec. 63.10(e)(3)(vi)(J).
(ii) If the total duration of excess emissions, parameter
exceedances, or excursions for the reporting period is 1 percent or
greater of the total operating time for the reporting period, or the
total continuous monitoring system downtime for the reporting period is
5 percent or greater of the total operating time for the reporting
period, the Periodic report must include the information in paragraphs
(g)(2)(ii)(A) through (D) of this section.
(A) Monitoring data, including 15-minute monitoring values as well
as daily average values of monitored parameters, for all operating days
when the average values were outside the ranges established in the
Notification of Compliance Status report or operating permit.
(B) Duration of excursions, as defined in Sec. 63.1258(b)(7).
(C) Operating logs and operating scenarios for all operating
scenarios for all operating days when the values are
[[Page 217]]
outside the levels established in the Notification of Compliance Status
report or operating permit.
(D) When a continuous monitoring system is used, the information
required in Sec. 63.10(c)(5) through (13).
(iii) For each inspection conducted in accordance with Sec.
63.1258(h)(2) or (3) during which a leak is detected, the records
specified in Sec. 63.1259(i)(7) must be included in the next Periodic
report.
(iv) For each vapor collection system or closed vent system with a
bypass line subject to Sec. 63.1252(b)(1), records required under Sec.
63.1259(i)(6)(i) of all periods when the vent stream is diverted from
the control device through a bypass line. For each vapor collection
system or closed vent system with a bypass line subject to Sec.
63.1252(b)(2), records required under Sec. 63.1259(i)(6)(ii) of all
periods in which the seal mechanism is broken, the bypass valve position
has changed, or the key to unlock the bypass line valve was checked out.
(v) The information in paragraphs (g)(2)(v)(A) through (D) of this
section shall be stated in the Periodic report, when applicable.
(A) No excess emissions.
(B) No exceedances of a parameter.
(C) No excursions.
(D) No continuous monitoring system has been inoperative, out of
control, repaired, or adjusted.
(vi) The information specified in paragraphs (g)(2)(vi)(A) through
(C) for periods of planned routine maintenance.
(A) For each storage tank subject to control requirements, periods
of planned routine maintenance during which the control device does not
meet the specifications of Sec. 63.1253(b) through (d).
(B) For a CCCD subject to Sec. 63.1252(h), periods of planned
routine maintenance during the current reporting period and anticipated
periods of planned routine maintenance during the next reporting period.
(C) Rationale for why planned routine maintenance of a CCCD subject
to Sec. 63.1252(h) must be performed while a process with a vent
subject to Sec. 63.1254(a)(3) will be operating, if applicable. This
requirement applies only if the rationale is not in, or differs from
that in, the Notification of Compliance Status report.
(vii) Each new operating scenario which has been operated since the
time period covered by the last Periodic report. For each new operating
scenario, the owner or operator shall provide verification that the
operating conditions for any associated control or treatment device have
not been exceeded, and that any required calculations and engineering
analyses have been performed. For the initial Periodic report, each
operating scenario for each process operated since the due date of the
Notification of Compliance Status Report shall be submitted.
(viii) If the owner or operator elects to comply with the provisions
of Sec. 63.1253(b) or (c) by installing a floating roof, the owner or
operator shall submit the information specified in Sec. 63.122(d)
through (f) as applicable. References to Sec. 63.152 from Sec. 63.122
shall not apply for the purposes of this subpart.
(h) Notification of process change. (1) Except as specified in
paragraph (h)(2) of this section, whenever a process change is made, or
a change in any of the information submitted in the Notification of
Compliance Status Report, the owner or operator shall submit the
information specified in paragraphs (h)(1)(i) through (iv) of this
section with the next Periodic report required under paragraph (g) of
this section.
(i) A brief description of the process change.
(ii) A description of any modifications to standard procedures or
quality assurance procedures.
(iii) Revisions to any of the information reported in the original
Notification of Compliance Status Report under paragraph (f) of this
section.
(iv) Information required by the Notification of Compliance Status
Report under paragraph (f) of this section for changes involving the
addition of processes or equipment.
(2) An owner or operator must submit a report 60 days before the
scheduled implementation date of either of the following:
(i) Any change in the activity covered by the Precompliance report.
(ii) A change in the status of a control device from small to large.
[[Page 218]]
(i) The owner or operator shall submit a report of the number,
duration, and a brief description for each type of malfunction which
occurred during the reporting period and which caused or may have caused
any applicable emission limitation to be exceeded. The report must also
include a description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec. 63.1250(g)(3), including actions taken to correct a
malfunction. The report shall be submitted on the same schedule as the
periodic reports required under paragraph (g) of this section.
(j) Reports of LDAR programs. The owner or operator of any affected
source implementing the LDAR program specified in Sec. 63.1255 of this
subpart shall implement the reporting requirements in Sec. 63.1255 of
this subpart. Copies of all reports shall be retained as records for a
period of 5 years, in accordance with the requirements of Sec.
63.10(b)(1).
(k) Reports of emissions averaging. The owner or operator of any
affected source that chooses to comply with the requirements of Sec.
63.1252(d) shall submit the implementation plan described in Sec.
63.1259(e) 6 months prior to the compliance date of the standard and the
following information in the periodic reports:
(1) The records specified in Sec. 63.1259(e) for each process or
storage tank included in the emissions average;
(2) All information as specified in paragraph (g) of this section
for each process or storage tank included in the emissions average;
(3) Any changes of the processes or storage tanks included in the
average.
(4) The calculation of the overall percent reduction efficiency for
the reporting period.
(5) Changes to the Implementation Plan which affect the calculation
methodology of uncontrolled or controlled emissions or the hazard or
risk equivalency determination.
(6) Every second semiannual or fourth quarterly report, as
appropriate, shall include the results according to Sec. 63.1259(e)(4)
to demonstrate the emissions averaging provisions of Sec. Sec.
63.1252(d), 63.1257(g) and (h), 63.1258(f), and 63.1259(f) are
satisfied.
(l) Notification of performance test and test plan. The owner or
operator of an affected source shall notify the Administrator of the
planned date of a performance test at least 60 days before the test in
accordance with Sec. 63.7(b). The owner or operator also must submit
the test plan required by Sec. 63.7(c) and the emission profile
required by 63.1257(b)(8)(ii) with the notification of the performance
test.
(m) Request for extension of compliance. An owner or operator may
submit to the Administrator a request for an extension of compliance in
accordance with Sec. 63.1250(f)(4).
(n)(1) As of January 1, 2012, and within 60 days after the date of
completing each performance test, as defined in Sec. 63.2 and as
required in this subpart, you must submit performance test data, except
opacity data, electronically to EPA's Central Data Exchange by using the
ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other
compatible electronic spreadsheet. Only data collected using test
methods compatible with ERT are subject to this requirement to be
submitted electronically into EPA's WebFIRE database.
(2) All reports required by this subpart not subject to the
requirements in paragraphs (n)(1) of this section must be sent to the
Administrator at the appropriate address listed in Sec. 63.13. If
acceptable to both the Administrator and the owner or operator of a
source, these reports may be submitted on electronic media. The
Administrator retains the right to require submittal of reports subject
to paragraph (n)(1) of this section in paper format.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000;
66 FR 40135, Aug. 2, 2001; 76 FR 22601, Apr. 21, 2011]
Sec. 63.1261 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to
[[Page 219]]
implement and enforce this subpart. Contact the applicable U.S. EPA
Regional Office to find out if implementation and enforcement of this
subpart is delegated to a State, local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Sec. Sec.
63.1250 and 63.1252 through 63.1256. Where these standards reference
another subpart, the cited provisions will be delegated according to the
delegation provisions of the referenced subpart.
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in
this subpart.
(3) Approval of major alternatives to monitoring under Sec.
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
[68 FR 37356, June 23, 2003]
Sec. Table 1 to Subpart GGG of Part 63--General Provisions Applicability
to Subpart GGG
----------------------------------------------------------------------------------------------------------------
Applies to subpart
General provisions reference Summary of requirements GGG Comments
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)........................ General applicability of Yes.................. Additional terms defined
the General Provisions. in Sec. 63.1251; when
overlap between subparts
A and GGG of this part,
subpart GGG takes
precedence.
63.1(a)(2-7)...................... .......................... Yes .........................
63.1(a)(8)........................ .......................... No................... Discusses state programs.
63.1(a)(9-14)..................... .......................... Yes .........................
63.1(b)(1)........................ Initial applicability Yes.................. Subpart GGG clarifies the
determination. applicability in Sec.
63.1250.
63.1(b)(2)........................ Title V operating permit-- Yes.................. All major affected
see part 70. sources are required to
obtain a title V permit.
63.1(b)(3)........................ Record of the Yes.................. All affected sources are
applicability subject to subpart GGG
determination. according to the
applicability definition
of subpart GGG.
63.1(c)(1)........................ Applicability after Yes.................. Subpart GGG clarifies the
standards are set. applicability of each
paragraph of subpart A
to sources subject to
subpart GGG.
63.1(c)(2)........................ Title V permit requirement No................... All major affected
sources are required to
obtain a title V permit.
Area sources are not
subject to subpart GGG.
63.1(c)(3)........................ Reserved ..................... .........................
63.1(c)(4)........................ Requirements for existing Yes .........................
source that obtains an
extension of compliance.
Sec. 63.1(c)(5)................. Notification requirements Yes .........................
for an area source that
increases HAP emissions
to major source levels.
63.1(d)........................... [Reserved]................ NA
63.1(e)........................... Applicability of permit Yes
program before a relevant
standard has been set.
63.2.............................. Definitions............... Yes.................. Additional terms defined
in Sec. 63.1251; when
overlap between subparts
A and GGG of this part
occurs, subpart GGG
takes precedence.
63.3.............................. Units and abbreviations... Yes.................. Other units used in
subpart GGG are defined
in that subpart.
63.4.............................. Prohibited activities..... Yes
63.5(a)........................... Construction and Yes.................. Except replace the terms
reconstruction--applicabi ``source'' and
lity. ``stationary source''
with ``affected
source''.
63.5(b)(1)........................ Upon construction, Yes
relevant standards for
new sources.
63.5(b)(2)........................ [Reserved]................ NA
[[Page 220]]
63.5(b)(3)........................ New construction/ Yes.................. Except for changes and
reconstruction. additions authorized
under Sec. 52.2454 of
this title. However, the
requirement to submit
the Precompliance report
at least 90 days before
the compliance date
still applies.
63.5(b)(4)........................ Construction/ Yes
reconstruction
notification.
63.5(b)(5)........................ Construction/ Yes
reconstruction compliance.
63.5(b)(6)........................ Equipment addition or Yes
process change.
63.5(c)........................... [Reserved]................ NA
63.5(d)........................... Application for approval Yes.................. Except for certain
of construction/ provisions identified in
reconstruction. 63.1259(a)(5)
Sec. 63.5(e).................... Construction/ Yes .........................
reconstruction approval.
63.5(f)........................... Construction/ Yes.................. Except replace ``source''
reconstruction approval with ``affected
based on prior State source''.
review..
63.6(a)(1)........................ Compliance with standards Yes
and maintenance
requirements.
63.6(a)(2)........................ Requirements for area Yes
source that increases
emissions to become major.
63.6(b)(1-2)...................... Compliance dates for new No................... Subpart GGG specifies
and reconstructed sources. compliance dates.
63.6(b)(3-6)...................... Compliance dates for area Yes
sources that become major
sources.
63.6 (b)(7)....................... Compliance dates for new No................... Subpart GGG specifies NS
sources resulting from applicability and
new unaffected area compliance dates
sources becoming subject
to standards.
63.6(c)........................... Compliance dates for Yes.................. Except replace ``source''
existing sources. with ``affected
source''. Subpart GGG
specifies compliance
dates.
Sec. 63.6(e)(1)(i).............. Requirements during No................... See 63.1250(g)(3) for
periods of startup, general duty
shutdown, and malfunction. requirement. Any cross-
reference to
63.6(e)(1)(i) in any
other general provision
incorporated by
reference shall be
treated as a cross-
reference to
63.1250(g)(3).
Sec. 63.6(e)(1)(ii)............. Malfunction correction No.
requirements.
Sec. 63.6(e)(1)(iii)............ Enforceability of Yes.
operation and maintenance
requirements.
Sec. 63.6(e)(2)................. Reserved.................. No................... Section reserved.
Sec. 63.6(e)(3)................. Startup, shutdown, and No.
malfunction plan
requirements.
63.6(f)(1)........................ Applicability of No.
nonopacity emission
standards.
63.6(f)(2)-(3).................... Methods of determining Yes.
compliance and findings
compliance.
63.6(g)........................... Use of an alternative Yes.
nonopacity emission
standard.
63.6(h)........................... Opacity and visible No................... Subpart GGG does not
emission standards. contain any opacity or
visible emission
standards.
Sec. 63.6(i)(1) through (7)..... Requests for compliance No................... Sec. 63.1250(f)(6)
extensions. specifies provisions for
compliance extensions.
Sec. 63.6(i)(8) through (14).... Approval of compliance Yes.................. Except references to Sec.
extensions. 63.6(i)(4) through (6)
mean Sec.
63.1250(f)(6).
63.6(j)........................... Exemption from compliance Yes
with emission standards.
63.7(a)(1)........................ Performance testing Yes.................. Subpart GGG also
requirements. specifies required
testing and compliance
procedures.
63.7(a)(2)(i)-(ix)................ .......................... Yes.................. Except substitute ``150
days'' instead of ``180
days.''
63.7(a)(3)........................ .......................... Yes
63.7(b)(1)........................ Notification of Yes
performance test.
63.7(b)(2)........................ Notification of delay in Yes
conducting a scheduled
performance test.
63.7(c)........................... Quality assurance program. Yes.................. Except that the test plan
must be submitted with
the notification of the
performance test.
63.7(d)........................... Performance testing Yes.................. Except replace ``source''
facilities.. with ``affected
source''.
[[Page 221]]
63.7(e)(1)........................ Conduct of performance No................... See 63.1257(a) text. Any
tests. cross-reference to
63.7(e)(1) in any other
general provision
incorporated by
reference shall be
treated as a cross-
reference to 63.1257(a).
63.7(e)(2)-(4).................... Performance tests Yes.
requirements.
63.7(f)........................... Use of alternative test Yes
method.
63.7(g)........................... Data analysis, Yes
recordkeeping, and
reporting.
63.7(h)........................... Waiver of performance Yes
tests.
63.8(a)........................... Monitoring requirements... Yes.................. See Sec. 63.1258.
63.8(b)(1)........................ Conduct of monitoring..... Yes
63.8(b)(2)........................ CMS and combined effluents No................... Sec. 63.1258 of subpart
GGG provides specific
CMS requirements.
63.8(b)(3)-(c)(4)................. CMS requirements.......... Yes.................. Sec. 63.1259 also
specifies recordkeeping
for CMS.
63.8(c)(5)........................ COMS operation No...................
requirements.
63.8(c)(6)-(8).................... CMS calibration and No................... Calibration procedures
malfunction provisions. are provided in Sec.
63.1258.
63.8(d)(1)-(2).................... CMS quality control Yes.
program requirements.
63.8(d)(3)........................ CMS quality control Yes, except for last
program recordkeeping sentence.
requirements.
63.8(e)(1)........................ Performance evaluations of Yes
CMS.
63.8(e)(2)........................ Notification of Yes .........................
performance evaluation.
63.8(e)(3-4)...................... CMS requirements/ Yes .........................
alternatives.
Sec. 63.8(e)(5)(i).............. Reporting performance Yes.................. See Sec. 63.1260(a).
evaluation results.
63.1260 (a).......................
63.8(e)(5)(ii).................... Results of COMS No................... Subpart GGG does not
performance evaluation. contain any opacity or
visible emission
standards.
63.8(f)-(g)....................... Alternative monitoring Yes .........................
method/reduction of
monitoring data.
63.9(a)-(d)....................... Notification requirements-- Yes.................. Sec. 63.1260 (b) also
Applicability and general specifies initial
information. notification
requirement.
63.9(e)........................... Notification of Yes.................. Sec. 63.1260 (l) also
performance test. specifies notification
requirement for
performance test.
63.9(f)........................... Notification of opacity No................... Subpart GGG does not
and visible emissions contain any opacity or
observations. visible emission
standards.
63.9(g)(1)........................ Additional notification Yes.................. Sec. 63.1260 (d) also
requirements for sources specifies notification
with CMS. requirement for
performance evaluation.
63.9(g)(2)........................ Notification of compliance No................... Subpart GGG does not
with opacity emission contain any opacity or
standard. visible emission
standards.
63.9(g)(3)........................ Notification that Yes.................. Sec. 63.1260 (d) also
criterion to continue use specifies notification
of alternative to requirement for
relative accuracy testing performance evaluation.
has been exceeded.
63.9(h)........................... Notification of compliance Yes.................. Specified in Sec.
status. 63.1260(f). Due 150 days
after compliance date.
63.9(i)........................... Adjustment to time periods Yes .........................
or postmark deadlines for
submittal and review of
required communications.
63.9(j)........................... Change in information No................... Subpart GGG specifies
provided. procedures for
notification of changes.
63.10(a).......................... Recordkeeping requirements Yes..................
63.1259...........................
63.10(b)(1)....................... Records retention......... Yes.................. Also stated in Sec.
63.1259.
63.10(b)(2)....................... Information and No................... Subpart GGG specifies
documentation to support recordkeeping
notifications. requirements.
63.10(b)(3)....................... Records retention for Yes.................. Also stated in Sec.
sources not subject to 63.1259 (a)(2).
relevant standard.
63.10(c)(1)-(9)................... Additional recordkeeping Yes.
requirements for sources
with continuous
monitoring systems.
63.10(c)(10)...................... Malfunction recordkeeping No................... Subpart GGG specifies
requirement. recordkeeping
requirements.
63.10(c)(11)...................... Malfunction corrective No................... Subpart GGG specifies
action recordkeeping recordkeeping
requirement. requirements.
63.10(c)(12)-(14)................. Additional recordkeeping Yes.
requirements for sources
with continuous
monitoring systems.
63.10(c)(15)...................... Additional SSM No.
recordkeeping
requirements.
[[Page 222]]
63.10(d)(1)-(2)................... General reporting Yes.
requirements.
63.10(d)(3)....................... Reporting results of No................... Subpart GGG does not
opacity or visible include any opacity or
emissions observations. visible emission
standards.
63.10(d)(4)....................... Progress report Yes.
requirements.
63.10(d)(5)....................... Startup, shutdown, and No................... Subpart GGG specifies
malfunction report reporting requirements.
requirements.
63.10(e).......................... Additional CMS reporting Yes..................
requirements.
63.10(f).......................... Waiver of recordkeeping or Yes..................
reporting requirements..
63.11............................. Control device and Yes..................
equipment leak work
practice requirements.
63.13............................. Addresses of State air Yes..................
pollution control
agencies.
63.14............................. Incorporations by Yes..................
reference.
63.15............................. Availability of Yes..................
information and
confidentiality.
----------------------------------------------------------------------------------------------------------------
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000;
66 FR 40136, Aug. 2, 2001; 73 FR 78213, Dec. 22, 2008; 76 FR 22601, Apr.
21, 2011]
Sec. Table 2 to Subpart GGG of Part 63--Partially Soluble HAP
1,1,1-Trichloroethane (methyl Chloroform
chloroform).
1,1,2,2-Tetrachloroethane.............. Chloromethane
1,1,2-Trichloroethane.................. Chloroprene
1,1-Dichloroethylene (vinylidene Cumene
chloride).
1,2-Dibromoethane...................... Dichloroethyl ether
1,2-Dichloroethane (ethylene Dinitrophenol
dichloride).
1,2-Dichloropropane.................... Epichlorohydrin
1,3-Dichloropropene.................... Ethyl acrylate
2,4,5-Trichlorophenol.................. Ethylbenzene
2-Butanone (mek)....................... Ethylene oxide
1,4-Dichlorobenzene.................... Hexachlorobenzene
2-Nitropropane......................... Hexachlorobutadiene
4-Methyl-2-pentanone (MIBK)............ Hexachloroethane
Acetaldehyde........................... Methyl methacrylate
Acrolein............................... Methyl-t-butyl ether
Acrylonitrile.......................... Methylene chloride
Allyl chloride......................... N,N-dimethylaniline
Benzene................................ Propionaldehyde
Benzyl chloride........................ Propylene oxide
Biphenyl............................... Styrene
Bromoform (tribromomethane)............ Tetrachloroethene
(perchloroethylene)
Bromomethane........................... Tetrachloromethane (carbon
tetrachloride
Butadiene.............................. Toluene
Carbon disulfide....................... Trichlorobenzene (1,2,4-)
Chlorobenzene.......................... Trichloroethylene
Chloroethane (ethyl chloride).......... Trimethylpentane
Vinyl acetate.......................... Xylene (p)
Vinyl chloride......................... N-hexane
Xylene (m).............................
Xylene (o).............................
------------------------------------------------------------------------
[66 FR 40136, Aug. 2, 2001]
Sec. Table 3 to Subpart GGG of Part 63--Soluble HAP
------------------------------------------------------------------------
Compound
-------------------------------------------------------------------------
1,1-Dimethylhydrazine.
1,4-Dioxane.
Acetonitrile.
Acetophenone.
Diethyl sulfate.
Dimethyl sulfate.
Dinitrotoluene.
Ethylene glycol dimethyl ether.
Ethylene glycol monobutyl ether acetate.
Ethylene glycol monomethyl ether acetate.
Isophorone.
Methanol (methyl alcohol).
Nitrobenzene.
Toluidene.
Triethylamine.
------------------------------------------------------------------------
[66 FR 40137, Aug. 2, 2001]
[[Page 223]]
Sec. Table 4 to Subpart GGG of Part 63--Monitoring Requirements for
Control Devices a
----------------------------------------------------------------------------------------------------------------
Monitoring equipment Parameters to be
Control device required monitored Frequency
----------------------------------------------------------------------------------------------------------------
All control devices.................. 1. Flow indicator 1. Presence of flow Hourly records of
installed at all diverted from the whether the flow
bypass lines to the control device to the indicator was
atmosphere and atmosphere or. operating and whether
equipped with a diversion was
continuous recorder or. detected at any time
during each hour.
2. Valves sealed closed 2. Monthly inspections Monthly.
with car-seal or lock- of sealed valves.
and-key configuration.
Scrubber............................. Liquid flow rate or 1. Liquid flow rate 1. Every 15 minutes.
pressure drop mounting into or out of the
device. Also a pH scrubber or the
monitor if the pressure drop across
scrubber is used to the scrubber.
control acid emissions.
2. pH of effluent 2. Once a day.
scrubber liquid.
Thermal incinerator.................. Temperature monitoring Firebox temperature.... Every 15 minutes.
device installed in
firebox or in ductwork
immediately downstream
of firebox b.
Catalytic incinerator................ Temperature monitoring Temperature difference Every 15 minutes.
device installed in across catalyst bed.
gas stream immediately
before and after
catalyst bed.
Flare................................ Heat sensing device Presence of a flame at Every 15 minutes.
installed at the pilot the pilot light.
light.
Boiler or process heater <44 mega Temperature monitoring Combustion temperature. Every 15 minutes.
watts and vent stream is not mixed device installed in
with the primary fuel. firebox b.
Condenser............................ Temperature monitoring Condenser exit (product Every 15 minutes.
device installed at side) temperature.
condenser exit.
Carbon adsorber (nonregenerative).... None................... Operating time since N/A.
last replacement.
Carbon adsorber (regenerative)....... Stream flow monitoring 1. Total regeneration 1. For each
device, and. stream mass or regeneration cycle,
volumetric flow during record the total
carbon bed regeneration stream
regeneration cycle(s). mass or volumetric
flow.
Carbon bed temperature 2. Temperature of 2. For each
monitoring device. carbon bed after regeneration cycle,
regeneration. record the maximum
carbon bed-
temperature.
3. Temperature of 3. Within 15 minutes of
carbon bed within 15 completing any cooling
minutes of completing cycle, record the
any cooling cycle(s). carbon bed
temperature.
4. Operating time since 4. Operating time to be
end of last based on worst-case
regeneration. conditions.
5. Check for bed 5. Yearly.
poisoning.
----------------------------------------------------------------------------------------------------------------
a As an alternative to the monitoring requirements specified in this table, the owner or operator may use a CEM
meeting the requirements of Performance Specifications 8 or 9 of appendix B of part 60 to monitor TOC every 15
minutes.
b Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
substantial heat exchange is encountered.
Sec. Table 5 to Subpart GGG of Part 63--Control Requirements for Items
of Equipment That Meet the Criteria of Sec. 63.1252(f)
------------------------------------------------------------------------
Item of equipment Control requirement \a\
------------------------------------------------------------------------
Drain or drain hub........... (a) Tightly fitting solid cover (TFSC);
or
(b) TFSC with a vent to either a process
or to a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(c) Water seal with submerged discharge
or barrier to protect discharge from
wind.
Manhole b.................... (a) TFSC; or
(b) TSFC with a vent to either a process
or to a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(c) If the item is vented to the
atmosphere, use a TFSC with a properly
operating water seal at the entrance or
exit to the item to restrict ventilation
in the collection system. The vent pipe
shall be at least 90 cm in length and
not exceeding 10.2 cm in nominal inside
diameter.
Lift station................. (a) TFSC; or
[[Page 224]]
(b) TFSC with a vent to either a process
or to a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(c) If the lift station is vented to the
atmosphere, use a TFSC with a properly
operating water seal at the entrance or
exit to the item to restrict ventilation
in the collection system. The vent pipe
shall be at least 90 cm in length and
not exceeding 10.2 cm in nominal inside
diameter. The lift station shall be
level controlled to minimize changes in
the liquid level.
Trench....................... (a) TFSC; or
(b) TFSC with a vent to either a process
or to a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(c) If the item is vented to the
atmosphere, use a TFSC with a properly
operating water seal at the entrance or
exit to the item to restrict ventilation
in the collection system. The vent pipe
shall be at least 90 cm in length and
not exceeding 10.2 cm in nominal inside
diameter.
Pipe......................... Each pipe shall have no visible gaps in
joints, seals, or other emission
interfaces.
Oil/Water separator.......... (a) Equip with a fixed roof and route
vapors to a process or equip with a
closed-vent system that routes vapors to
a control device meeting the
requirements of Sec. 63.1256(h)(2); or
(b) Equip with a floating roof that meets
the equipment specifications of Sec.
60.693(a)(1)(i), (a)(1)(ii), (a)(2),
(a)(3), and (a)(4).
Tank......................... Maintain a fixed roof and consider vents
as process vents.c
------------------------------------------------------------------------
\a\ Where a tightly fitting solid cover is required, it shall be
maintained with no visible gaps or openings, except during periods of
sampling, inspection, or maintenance.
\b\ Manhole includes sumps and other points of access to a conveyance
system.
\c\ A fixed roof may have openings necessary for proper venting of the
tank, such as pressure/vacuum vent, j-pipe vent.
[65 FR 52616, Aug. 29, 2000]
Sec. Table 6 to Subpart GGG of Part 63--Wastewater--Compliance Options
for Wastewaster Tanks
------------------------------------------------------------------------
Maximum true
Capacity, m\3\ vapor Control requirements
pressure, kPa
------------------------------------------------------------------------
<75......................... .............. Sec. 63.1256(b)(1).
75 and <151...... <13.1 Sec. 63.1256(b)(1).
13. Sec. 63.1256(b)(2).
1
151.............. <5.2 Sec. 63.1256(b)(1).
5.2 Sec. 63.1256(b)(2).
------------------------------------------------------------------------
Sec. Table 7 to Subpart GGG of Part 63--Wastewater--Inspection and
Monitoring Requirements for Waste Management Units
----------------------------------------------------------------------------------------------------------------
Inspection or Frequency of inspection
To comply with monitoring requirement or monitoring Method
----------------------------------------------------------------------------------------------------------------
TANKS:
63.1256(b)(3)(i)................. Inspect fixed roof and Initially Semiannually. Visual.
all openings for leaks.
63.1256(b)(4).................... Inspect floating roof See Sec. Sec. Visual.
in accordance with 63.120(a)(2) and
Sec. Sec. (a)(3).
63.120(a)(2) and
(a)(3).
63.1256(b)(5).................... Measure floating roof ....................... See Sec.
seal gaps in 63.120(b)(2)(i)
accordance with Sec. through (b)(4).
Sec. 63.120(b)(2)(i)
through (b)(4).
--Primary seal gaps.... Initially Once every 5 .......................
years (annually if no
secondary seal).
--Secondary seal gaps.. Initially Semiannually. .......................
63.1256(b)(7)........................ Inspect wastewater tank Initially Semiannually. Visual.
63.1256(b)(8)........................ for control equipment
failures and improper
work practices.
SURFACE IMPOUNDMENTS:
63.1256(c)(1)(i)................. Inspect cover and all Initially Semiannually. Visual.
openings for leaks.
63.1256(c)(2).................... Inspect surface Initially Semiannually. Visual.
impoundment for
control equipment
failures and improper
work practices.
CONTAINERS:
63.1256(d)(1)(i)................. Inspect cover and all Initially Semiannually. Visual.
63.1256(d)(1)(ii)................ openings for leaks.
[[Page 225]]
63.1256(d)(3)(i)................. Inspect enclosure and Initially Semiannually. Visual.
all openings for leaks.
63.1256(d)(4).................... Inspect container for Initially Semiannually. Visual.
control equipment
failures and improper
work practices.
INDIVIDUAL DRAIN SYSTEMS a:
63.1256(e)(1)(i)................. Inspect cover and all Initially Semiannually. Visual.
openings to ensure
there are no gaps,
cracks, or holes.
63.1256(e)(2).................... Inspect individual Initially Semiannually. Visual.
drain system for
control equipment
failures and improper
work practices.
63.1256(e)(4)(i)................. Verify that sufficient Initially Semiannually. Visual.
water is present to
properly maintain
integrity of water
seals.
63.1256(e)(4)(ii)................ Inspect all drains Initially Semiannually. Visual.
63.1256(e)(5)(i)................. using tightly-fitted
caps or plugs to
ensure caps and plugs
are in place and
properly installed.
63.1256(e)(5)(ii)................ Inspect all junction Initially Semiannually. Visual or smoke test or
boxes to ensure covers other means as
are in place and have specified.
no visible gaps,
cracks, or holes.
63.1256(e)(5)(iii)............... Inspect unburied Initially Semiannually. Visual.
portion of all sewer
lines for cracks and
gaps.
OIL-WATER SEPARATORS:
63.1256(f)(2)(i)................. Inspect fixed roof and Initially Semiannually. Visual.
all openings for leaks.
63.1256(f)(3).................... Measure floating roof Initially b............ See 40 CFR
seal gaps in 60.696(d)(1).
accordance with 40 CFR
60.696(d)(1).
--Primary seal gaps.... Once every 5 years..... .......................
63.1256(f)(3).................... --Secondary seal gaps.. Initially b Annually.
63.1256(f)(4).................... Inspect oil-water Initially Semiannually. Visual.
separator for control
equipment failures and
improper work
practices.
----------------------------------------------------------------------------------------------------------------
a As specified in Sec. 63.1256(e), the owner or operator shall comply with either the requirements of Sec.
63.1256(e)(1) and (2) or Sec. 63.1256(e)(4) and (5).
b Within 60 days of installation as specified in Sec. 63.1256(f)(3).
Sec. Table 8 to Subpart GGG of Part 63--Fraction Measured
(Fm) for HAP Compounds in Wastewater Streams
------------------------------------------------------------------------
Chemical name CAS No. a Fm
------------------------------------------------------------------------
Acetaldehyde............................ 75070 1.00
Acetonitrile............................ 75058 0.99
Acetophenone............................ 98862 0.31
Acrolein................................ 107028 1.00
Acrylonitrile........................... 107131 1.00
Allyl chloride.......................... 107051 1.00
Benzene................................. 71432 1.00
Benzyl chloride......................... 100447 1.00
Biphenyl................................ 92524 0.86
Bromoform............................... 75252 1.00
Butadiene (1,3-)........................ 106990 1.00
Carbon disulfide........................ 75150 1.00
Carbon tetrachloride.................... 56235 1.00
Chlorobenzene........................... 108907 0.96
Chloroform.............................. 67663 1.00
Chloroprene (2-Chloro-1,3-butadiene).... 126998 1.00
Cumene.................................. 98828 1.00
Dichlorobenzene (p-1,4-)................ 106467 1.00
Dichloroethane (1,2-) (Ethylene 107062 1.00
dichloride)............................
Dichloroethylether (Bis(2-Chloroethyl 111444 0.76
ether))................................
Dichloropropene (1,3-).................. 542756 1.00
Diethyl sulfate......................... 64675 0.0025
Dimethyl sulfate........................ 77781 0.086
[[Page 226]]
Dimethylaniline (N,N-).................. 121697 0.00080
Dimethylhydrazine (1,1-)................ 57147 0.38
Dinitrophenol (2,4-).................... 51285 0.0077
Dinitrotoluene (2,4-)................... 121142 0.085
Dioxane (1,4-) (1,4-Diethyleneoxide).... 123911 0.87
Epichlorohydrin(1-Chloro-2,3- 106898 0.94
epoxypropane)..........................
Ethyl acrylate.......................... 140885 1.00
Ethylbenzene............................ 100414 1.00
Ethyl chloride (Chloroethane)........... 75003 1.00
Ethylene dibromide (Dibromomethane)..... 106934 1.00
Ethylene glycol dimethyl ether.......... 110714 0.86
Ethylene glycol monobutyl ether acetate. 112072 0.043
Ethylene glycol monomethyl ether acetate 110496 0.093
Ethylene oxide.......................... 75218 1.00
Ethylidene dichloride (1,1- 75343 1.00
Dichloroethane)........................
Hexachlorobenzene....................... 118741 0.97
Hexachlorobutadiene..................... 87683 0.88
Hexachloroethane........................ 67721 0.50
Hexane.................................. 110543 1.00
Isophorone.............................. 78591 0.47
Methanol................................ 67561 0.85
Methyl bromide (Bromomethane)........... 74839 1.00
Methyl chloride (Chloromethane)......... 74873 1.00
Methyl ethyl ketone (2-Butanone)........ 78933 0.99
Methyl isobutyl ketone (Hexone)......... 108101 0.98
Methyl methacrylate..................... 80626 1.00
Methyl tert-butyl ether................. 1634044 1.00
Methylene chloride (Dichloromethane).... 75092 1.00
Naphthalene............................. 91203 0.99
Nitrobenzene............................ 98953 0.39
Nitropropane (2-)....................... 79469 0.99
Phosgene................................ 75445 1.00
Propionaldehyde......................... 123386 1.00
Propylene dichloride (1,2- 78875 1.00
Dichloropropane).......................
Propylene oxide......................... 75569 1.00
Styrene................................. 100425 1.00
Tetrachloroethane (1,1,2,2-)............ 79345 1.00
Tetrachloroethylene (Perchloroethylene). 127184 1.00
Toluene................................. 108883 1.00
Toluidine (o-).......................... 95534 0.15
Trichlorobenzene (1,2,4-)............... 120821 1.00
Trichloroethane (1,1,1-) (Methyl 71556 1.00
chloroform)............................
Trichloroethane (1,1,2-) (Vinyl 79005 0.98
Trichloride)...........................
Trichloroethylene....................... 79016 1.00
Trichlorophenol (2,4,5-)................ 95954 1.00
Triethylamine........................... 121448 1.00
Trimethylpentane (2,2,4-)............... 540841 1.00
Vinyl acetate........................... 108054 1.00
Vinyl chloride (Chloroethylene)......... 75014 1.00
Vinylidene chloride (1,1- 75354 1.00
Dichloroethylene)......................
Xylene (m-)............................. 108383 1.00
Xylene (o-)............................. 95476 1.00
Xylene (p-)............................. 106423 1.00
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number
assigned to specific compounds, isomers, or mixtures of compounds.
Sec. Table 9 to Subpart GGG of Part 63--Default Biorates for Soluble HAP
------------------------------------------------------------------------
Biorate (K1),
Compound name L/g MLVSS-hr
------------------------------------------------------------------------
Acetonitrile........................................... 0.100
Acetophenone........................................... 0.538
Diethyl sulfate........................................ 0.105
Dimethyl hydrazine(1,1)................................ 0.227
Dimethyl sulfate....................................... 0.178
Dinitrotoluene(2,4).................................... 0.784
Dioxane(1,4)........................................... 0.393
Ethylene glycol dimethyl ether......................... 0.364
Ethylene glycol monobutyl ether acetate................ 0.496
Ethylene glycol monomethyl ether acetate............... 0.159
Isophorone............................................. 0.598
Methanol............................................... a
Nitrobenzene........................................... 2.300
[[Page 227]]
Toluidine (-0)......................................... 0.859
Triethylamine.......................................... 1.064
------------------------------------------------------------------------
a For direct dischargers, the default biorate for methanol is 3.5 L/g
MLVSS-hr; for indirect dischargers, the default biorate for methanol
is 0.2 L/g MLVSS-hr.
[66 FR 40137, Aug. 2, 2001]
Subpart HHH_National Emission Standards for Hazardous Air Pollutants
From Natural Gas Transmission and Storage Facilities
Source: 64 FR 32648, June 17, 1999, unless otherwise noted.
Sec. 63.1270 Applicability and designation of affected source.
(a) This subpart applies to owners and operators of natural gas
transmission and storage facilities that transport or store natural gas
prior to entering the pipeline to a local distribution company or to a
final end user (if there is no local distribution company), and that are
major sources of hazardous air pollutants (HAP) emissions as defined in
Sec. 63.1271. Emissions for major source determination purposes can be
estimated using the maximum natural gas throughput calculated in either
paragraph (a)(1) or (2) of this section and paragraphs (a)(3) and (4) of
this section. As an alternative to calculating the maximum natural gas
throughput, the owner or operator of a new or existing source may use
the facility design maximum natural gas throughput to estimate the
maximum potential emissions. Other means to determine the facility's
major source status are allowed, provided the information is documented
and recorded to the Administrator's satisfaction. A compressor station
that transports natural gas prior to the point of custody transfer or to
a natural gas processing plant (if present) is not considered a part of
the natural gas transmission and storage source category. A facility
that is determined to be an area source, but subsequently increases its
emissions or its potential to emit above the major source levels
(without first obtaining and complying with other limitations that keep
its potential to emit HAP below major source levels), and becomes a
major source, must comply thereafter with all applicable provisions of
this subpart starting on the applicable compliance date specified in
paragraph (d) of this section. Nothing in this paragraph is intended to
preclude a source from limiting its potential to emit through other
appropriate mechanisms that may be available through the permitting
authority.
(1) Facilities that store natural gas or facilities that transport
and store natural gas shall calculate maximum annual facility natural
gas throughput using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN01.026
Where:
Throughput = Maximum annual facilitywide natural gas throughput in cubic
meters per year.
IR max = Maximum facility injection rate in cubic meters per
hour.
WR max = Maximum facility withdrawal rate in cubic meters per
hour.
8,760 = Maximum hours of operation per year.
(i)-(iii) [Reserved]
(2) Facilities that only transport natural gas shall calculate the
maximum natural gas throughput as the highest annual natural gas
throughput over the 5 years prior to June 17, 1999, multiplied by a
factor of 1.2.
(3) The owner or operator shall maintain records of the annual
facility natural gas throughput each year and upon request, submit such
records to the Administrator. If the facility annual natural gas
throughput increases above the maximum natural gas throughput calculated
in paragraph (a)(1) or (a)(2) of this section, the maximum natural gas
throughput must be
[[Page 228]]
recalculated using the higher throughput multiplied by a factor of 1.2.
(4) The owner or operator shall determine the maximum values for
other parameters used to calculate potential emissions as the maximum
over the same period for which maximum throughput is determined as
specified in paragraph (a)(1) or (a)(2) of this section. These
parameters shall be based on an annual average or the highest single
measured value.
(b) The affected source is each glycol dehydration unit.
(c) The owner or operator of a facility that does not contain an
affected source, as specified in paragraph (b) of this section, is not
subject to the requirements of this subpart.
(d) The owner or operator of each affected source shall achieve
compliance with the provisions of this subpart by the following dates:
(1) The owner or operator of an affected source, the construction or
reconstruction of which commenced before February 6, 1998, shall achieve
compliance with this provisions of the subpart no later than June 17,
2002 except as provided for in Sec. 63.6(i). The owner or operator of
an area source, the construction or reconstruction of which commenced
before February 6, 1998, that increases its emissions of (or its
potential to emit) HAP such that the source becomes a major source that
is subject to this subpart shall comply with this subpart 3 years after
becoming a major source.
(2) The owner or operator of an affected source, the construction or
reconstruction of which commences on or after February 6, 1998, shall
achieve compliance with the provisions of this subpart immediately upon
initial startup or June 17, 1999, whichever date is later. Area sources,
the construction or reconstruction of which commences on or after
February 6, 1998, that become major sources shall comply with the
provisions of this standard immediately upon becoming a major source.
(e) An owner or operator of an affected source that is a major
source or is located at a major source and is subject to the provisions
of this subpart is also subject to 40 CFR part 70 or part 71 permitting
requirements.
(f) Exemptions. A facility with a facilitywide actual annual average
natural gas throughput less than 28.3 thousand standard cubic meters per
day, where glycol dehydration units are the only HAP emission source, is
not subject to the requirements of this subpart. Records shall be
maintained as required in Sec. 63.10(b)(3).
[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001;
66 FR 49300, Sept. 27, 2001; 67 FR 8204, Feb. 22, 2002]
Sec. 63.1271 Definitions.
All terms used in this subpart shall have the meaning given to them
in the Clean Air Act, subpart A of this part (General Provisions), and
in this section. If the same term is defined in subpart A and in this
section, it shall have the meaning given in this section for purposes of
this subpart.
Boiler means an enclosed device using controlled flame combustion
and having the primary purpose of recovering and exporting thermal
energy in the form of steam or hot water. Boiler also means any
industrial furnace as defined in 40 CFR 260.10.
Closed-vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and if necessary, flow
inducing devices that transport gas or vapor from an emission point to
one or more control devices. If gas or vapor from regulated equipment is
routed to a process (e.g., to a fuel gas system), the conveyance system
shall not be considered a closed-vent system and is not subject to
closed-vent system standards.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic HAP emissions.
Compressor station means any permanent combination of compressors
that move natural gas at increased pressure from fields, in transmission
pipelines, or into storage.
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every hour or records
hourly or more frequent block average values.
Control device means any equipment used for recovering or oxidizing
HAP or
[[Page 229]]
volatile organic compound (VOC) vapors. Such equipment includes, but is
not limited to, absorbers, carbon absorbers, condensers, incinerators,
flares, boilers, and process heaters. For the purposes of this subpart,
if gas or vapor from regulated equipment is used, reused (i.e., injected
into the flame zone of an enclosed combustion device), returned back to
the process, or sold, then the recovery system used, including piping,
connections, and flow inducing devices, is not considered to be a
control device or a closed-vent system.
Custody transfer means the transfer of natural gas after processing
and/or treatment in the production operations to pipelines or any other
forms of transportation.
Facility means any grouping of equipment where natural gas is
processed, compressed, or stored prior to entering a pipeline to a local
distribution company or (if there is no local distribution company) to a
final end user. Examples of a facility for this source category are: an
underground natural gas storage operation; or a natural gas compressor
station that receives natural gas via pipeline, from an underground
natural gas storage operation, or from a natural gas processing plant.
The emission points associated with these phases include, but are not
limited to, process vents. Processes that may have vents include, but
are not limited to, dehydration and compressor station engines.
Facility, for the purpose of a major source determination, means
natural gas transmission and storage equipment that is located inside
the boundaries of an individual surface site (as defined in this
section) and is connected by ancillary equipment, such as gas flow lines
or power lines. Equipment that is part of a facility will typically be
located within close proximity to other equipment located at the same
facility. Natural gas transmission and storage equipment or groupings of
equipment located on different gas leases, mineral fee tracts, lease
tracts, subsurface unit areas, surface fee tracts, or surface lease
tracts shall not be considered part of the same facility.
Flame zone means the portion of the combustion chamber in a
combustion device occupied by the flame envelope.
Flash tank. See the definition for gas-condensate-glycol (GCG)
separator.
Flow indicator means a device which indicates whether gas flow is
present in a line or whether the valve position would allow gas flow to
be present in a line.
Gas-condensate-glycol (GCG) separator means a two-or three-phase
separator through which the ``rich'' glycol stream of a glycol
dehydration unit is passed to remove entrained gas and hydrocarbon
liquid. The GCG separator is commonly referred to as a flash separator
or flash tank.
Glycol dehydration unit means a device in which a liquid glycol
(including, but not limited to, ethylene glycol, diethylene glycol, or
triethylene glycol) absorbent directly contacts a natural gas stream and
absorbs water in a contact tower or absorption column (absorber). The
glycol contacts and absorbs water vapor and other gas stream
constituents from the natural gas and becomes ``rich'' glycol. This
glycol is then regenerated in the glycol dehydration unit reboiler. The
``lean'' glycol is then recycled.
Glycol dehydration unit baseline operations means operations
representative of the glycol dehydration unit operations as of June 17,
1999. For the purposes of this subpart, for determining the percentage
of overall HAP emission reduction attributable to process modifications,
glycol dehydration unit baseline operations shall be parameter values
(including, but not limited to, glycol circulation rate or glycol-HAP
absorbency) that represent actual long-term conditions (i.e., at least 1
year). Glycol dehydration units in operation for less than 1 year shall
document that the parameter values represent expected long-term
operating conditions had process modifications not been made.
Glycol dehydration unit process vent means the glycol dehydration
unit reboiler vent and the vent from the GCG separator (flash tank), if
present.
Glycol dehydration unit reboiler vent means the vent through which
exhaust
[[Page 230]]
from the reboiler of a glycol dehydration unit passes from the reboiler
to the atmosphere or to a control device.
Hazardous air pollutants or HAP means the chemical compounds listed
in section 112(b) of the Clean Air Act (Act). All chemical compounds
listed in section 112(b) of the Act need to be considered when making a
major source determination. Only the HAP compounds listed in Table 1 of
this subpart need to be considered when determining compliance.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section is not
physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by ducts
or connections carrying flue gas. The above energy recovery section
limitation does not apply to an energy recovery section used solely to
preheat the incoming vent stream or combustion air.
Initial startup means the first time a new or reconstructed source
begins production. For the purposes of this subpart, initial startup
does not include subsequent startups (as defined in this section) of
equipment, for example, following malfunctions or shutdowns.
Major source, as used in this subpart, shall have the same meaning
as in Sec. 63.2, except that:
(1) Emissions from any pipeline compressor station or pump station
shall not be aggregated with emissions from other similar units, whether
or not such units are in a contiguous area or under common control; and
(2) Emissions from processes, operations, and equipment that are not
part of the same facility, as defined in this section, shall not be
aggregated.
Natural gas means a naturally occurring mixture of hydrocarbon and
nonhydrocarbon gases found in geologic formations beneath the earth's
surface. The principal hydrocarbon constituent is methane.
Natural gas transmission means the pipelines used for the long
distance transport of natural gas (excluding processing). Specific
equipment used in natural gas transmission includes the land, mains,
valves, meters, boosters, regulators, storage vessels, dehydrators,
compressors, and their driving units and appurtenances, and equipment
used for transporting gas from a production plant, delivery point of
purchased gas, gathering system, storage area, or other wholesale source
of gas to one or more distribution area(s).
No detectable emissions means no escape of HAP from a device or
system to the atmosphere as determined by:
(1) Instrument monitoring results in accordance with the
requirements of Sec. 63.1282(b); and
(2) The absence of visible openings or defects in the device or
system, such as rips, tears, or gaps.
Operating parameter value means a minimum or maximum value
established for a control device or process parameter which, if achieved
by itself or in combination with one or more other operating parameter
values, indicates that an owner or operator has complied with an
applicable operating parameter limitation, over the appropriate
averaging period as specified in Sec. 63.1282 (e) and (f).
Operating permit means a permit required by 40 CFR part 70 or part
71.
Organic monitoring device means an instrument used to indicate the
concentration level of organic compounds exiting a control device based
on a detection principle such as infra-red, photoionization, or thermal
conductivity.
Primary fuel means the fuel that provides the principal heat input
(i.e., more than 50 percent) to the device. To be considered primary,
the fuel must be able to sustain operation without the addition of other
fuels.
Process heater means an enclosed device using a controlled flame,
the primary purpose of which is to transfer heat to a process fluid or
process material that is not a fluid, or to a heat transfer material for
use in a process (rather than for steam generation) .
Safety device means a device that meets both of the following
conditions: the device is not used for planned or routine venting of
liquids, gases, or
[[Page 231]]
fumes from the unit or equipment on which the device is installed; and
the device remains in a closed, sealed position at all times except when
an unplanned event requires that the device open for the purpose of
preventing physical damage or permanent deformation of the unit or
equipment on which the device is installed in accordance with good
engineering and safety practices for handling flammable, combustible,
explosive, or other hazardous materials. Examples of unplanned events
which may require a safety device to open include failure of an
essential equipment component or a sudden power outage.
Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of a glycol dehydration unit, or other affected source under
this subpart, or equipment required or used solely to comply with this
subpart.
Startup means the setting into operation of a glycol dehydration
unit, or other affected equipment under this subpart, or equipment
required or used to comply with this subpart. Startup includes initial
startup and operation solely for the purpose of testing equipment.
Storage vessel means a tank or other vessel that is designed to
contain an accumulation of crude oil, condensate, intermediate
hydrocarbon liquids, produced water, or other liquid, and is constructed
primarily of non-earthen materials (e.g., wood, concrete, steel,
plastic) that provide structural support.
Surface site means any combination of one or more graded pad sites,
gravel pad sites, foundations, platforms, or the immediate physical
location upon which equipment is physically affixed.
Temperature monitoring device means an instrument used to monitor
temperature and having a minimum accuracy of 2
percent of the temperature being monitored expressed in [deg]C, or
2.5 [deg]C, whichever is greater. The temperature
monitoring device may measure temperature in degrees Fahrenheit or
degrees Celsius, or both.
Total organic compounds or TOC, as used in this subpart, means those
compounds which can be measured according to the procedures of Method
18, 40 CFR part 60, appendix A.
Underground storage means the subsurface facilities utilized for
storing natural gas that has been transferred from its original location
for the primary purpose of load balancing, which is the process of
equalizing the receipt and delivery of natural gas. Processes and
operations that may be located at an underground storage facility
include, but are not limited to, compression and dehydration.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001]
Sec. 63.1272 Startups, shutdowns, and malfunctions.
(a) The provisions set forth in this subpart shall apply at all
times except during startups or shutdowns, during malfunctions, and
during periods of non-operation of the affected sources (or specific
portion thereof) resulting in cessation of the emissions to which this
subpart applies. However, during the startup, shutdown, malfunction, or
period of non-operation of one portion of an affected source, all
emission points which can comply with the specific provisions to which
they are subject must do so during the startup, shutdown, malfunction,
or period of non-operation.
(b) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance 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
[[Page 232]]
practical. For purposes of this paragraph, the term ``excess emissions''
means emissions in excess of those that would have occurred if there
were no startup, shutdown, or malfunction, and the owner or operator
complied with the relevant provisions of this subpart. The measures to
be taken shall be identified in the applicable startup, shutdown, and
malfunction plan, and may include, but are not limited to, air pollution
control technologies, recovery technologies, work practices, pollution
prevention, monitoring, and/or changes in the manner of operation of the
source. Back-up control devices are not required, but may be used if
available.
(d) Except as provided in paragraph (e) of this section, the owner
or operator shall prepare a startup, shutdown, or malfunction plan as
required in Sec. 63.6(e)(3), except that the plan is not required to be
incorporated by reference into the source's title V permit as specified
in Sec. 63.6(e)(3)(i). Instead, the owner or operator shall keep the
plan on record as required by Sec. 63.6(e)(3)(v). The failure of the
plan to adequately minimize emissions during the startup, shutdown, or
malfunction does not shield an owner or operator from enforcement
actions.
(e) Owners or operators are exempt from the requirements to prepare
a startup, shutdown, or malfunction plan for any facility where all of
the affected sources meet the exemption criteria specified in Sec.
63.1274(d).
[64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001]
Sec. 63.1273 [Reserved]
Sec. 63.1274 General standards.
(a) Table 2 of this subpart specifies the provisions of subpart A
(General Provisions) that apply and those that do not apply to owners
and operators of affected sources subject to this subpart.
(b) All reports required under this subpart shall be sent to the
Administrator at the appropriate address listed in Sec. 63.13. Reports
may be submitted on electronic media.
(c) Except as specified in paragraph (d) of this section, the owner
or operator of an affected source (i.e., glycol dehydration unit)
located at an existing or new major source of HAP emissions shall comply
with the requirements in this subpart as follows:
(1) The control requirements for glycol dehydration unit process
vents specified in Sec. 63.1275;
(2) The monitoring requirements specified in Sec. 63.1283, and
(3) The recordkeeping and reporting requirements specified in
Sec. Sec. 63.1284 and 63.1285.
(d) Exemptions. The owner or operator is exempt from the
requirements of paragraph (c) of this section if the criteria listed in
paragraph (d)(1) or (2) of this section are met, except that the records
of the determination of these criteria must be maintained as required in
Sec. 63.1284(d).
(1) The actual annual average flow of gas to the glycol dehydration
unit is less than 283.0 thousand standard cubic meters per day, as
determined by the procedures specified in Sec. 63.1282(a)(1); or
(2) The actual average emissions of benzene from the glycol
dehydration unit process vents to the atmosphere are less than 0.90
megagram per year as determined by the procedures specified in Sec.
63.1282(a)(2) of this subpart.
(e) Each owner or operator of a major HAP source subject to this
subpart is required to apply for a part 70 or part 71 operating permit
from the appropriate permitting authority. If the Administrator has
approved a State operating permit program under part 70, the permit
shall be obtained from the State authority. If a State operating permit
program has not been approved, the owner or operator shall apply to the
EPA Regional Office pursuant to part 71.
(f) [Reserved]
(g) In all cases where the provisions of this subpart require an
owner or operator to repair leaks by a specified time after the leak is
detected, it is a violation of this standard to fail to take action to
repair the leak(s) within the specified time. If action is taken to
repair the leak(s) within the specified time, failure of that action to
successfully repair the leak(s) is not a violation of this standard.
However, if the repairs are unsuccessful, a leak is detected and the
owner or operator shall
[[Page 233]]
take further action as required by the applicable provisions of this
subpart.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001]
Sec. 63.1275 Glycol dehydration unit process vent standards.
(a) This section applies to each glycol dehydration unit subject to
this subpart with an actual annual average natural gas flowrate equal to
or greater than 283.0 thousand standard cubic meters per day and with
actual average benzene glycol dehydration unit process vent emissions
equal to or greater than 0.90 megagrams per year.
(b) Except as provided in paragraph (c) of this section, an owner or
operator of a glycol dehydration unit process vent shall comply with the
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
(1) For each glycol dehydration unit process vent, the owner or
operator shall control air emissions by either paragraph (b)(1)(i) or
(b)(1)(ii) of this section.
(i) The owner or operator shall connect the process vent to a
control device or a combination of control devices through a closed-vent
system. The closed-vent system shall be designed and operated in
accordance with the requirements of Sec. 63.1281(c). The control
device(s) shall be designed and operated in accordance with the
requirements of Sec. 63.1281(d).
(ii) The owner or operator shall connect the process vent to a
control device or a combination of control devices through a closed-vent
system and the outlet benzene emissions from the control device(s) shall
be less than 0.90 megagrams per year. The closed-vent system shall be
designed and operated in accordance with the requirements of Sec.
63.1281(c). The control device(s) shall be designed and operated in
accordance with the requirements of Sec. 63.1281(d), except that the
performance requirements specified in Sec. 63.1281(d)(1)(i) and (ii) do
not apply.
(2) One or more safety devices that vent directly to the atmosphere
may be used on the air emission control equipment installed to comply
with paragraph (b)(1) of this section.
(c) As an alternative to the requirements of paragraph (b) of this
section, the owner or operator may comply with one of the following:
(1) The owner or operator shall control air emissions by connecting
the process vent to a process natural gas line.
(2) The owner or operator shall demonstrate, to the Administrator's
satisfaction, that the total HAP emissions to the atmosphere from the
glycol dehydration unit process vent are reduced by 95.0 percent through
process modifications or a combination of process modifications and one
or more control devices, in accordance with the requirements specified
in Sec. 63.1281(e).
(3) Control of HAP emissions from a GCG separator (flash tank) vent
is not required if the owner or operator demonstrates, to the
Administrator's satisfaction, that total emissions to the atmosphere
from the glycol dehydration unit process vent are reduced by one of the
levels specified in paragraph (c)(3)(i) or (ii) through the installation
and operation of controls as specified in paragraph (b)(1) of this
section.
(i) HAP emissions are reduced by 95.0 percent or more.
(ii) Benzene emissions are reduced to a level less than 0.90
megagrams per year.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001]
Sec. Sec. 63.1276-63.1280 [Reserved]
Sec. 63.1281 Control equipment requirements.
(a) This section applies to each closed-vent system and control
device installed and operated by the owner or operator to control air
emissions as required by the provisions of this subpart. Compliance with
paragraphs (c) and (d) of this section will be determined by review of
the records required by Sec. 63.1284, the reports required by Sec.
63.1285, by review of performance test results, and by inspections.
(b) [Reserved]
(c) Closed-vent system requirements. (1) The closed-vent system
shall route all gases, vapors, and fumes emitted from the material in a
HAP emissions unit to a control device that meets the requirements
specified in paragraph (d) of this section.
[[Page 234]]
(2) The closed-vent system shall be designed and operated with no
detectable emissions.
(3) If the closed-vent system contains one or more bypass devices
that could be used to divert all or a portion of the gases, vapors, or
fumes from entering the control device, the owner or operator shall meet
the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of
this section.
(i) For each bypass device, except as provided for in paragraph
(c)(3)(ii) of this section, the owner or operator shall either:
(A) At the inlet to the bypass device that could divert the stream
away from the control device to the atmosphere, properly install,
calibrate, maintain, and operate a flow indicator that is capable of
taking periodic readings and sounding an alarm when the bypass device is
open such that the stream is being, or could be, diverted away from the
control device to the atmosphere; or
(B) Secure the bypass device valve installed at the inlet to the
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
(ii) Low leg drains, high point bleeds, analyzer vents, open-ended
valves or lines, and safety devices are not subject to the requirements
of paragraph (c)(3)(i) of this section.
(d) Control device requirements. (1) The control device used to
reduce HAP emissions in accordance with the standards of this subpart
shall be one of the control devices specified in paragraphs (d)(1)(i)
through (iii) of this section.
(i) An enclosed combustion device (e.g., thermal vapor incinerator,
catalytic vapor incinerator, boiler, or process heater) that is designed
and operated in accordance with one of the following performance
requirements:
(A) Reduces the mass content of either TOC or total HAP in the gases
vented to the device by 95.0 percent by weight or greater, as determined
in accordance with the requirements of Sec. 63.1282(d);
(B) Reduces the concentration of either TOC or total HAP in the
exhaust gases at the outlet to the device to a level equal to or less
than 20 parts per million by volume on a dry basis corrected to 3
percent oxygen as determined in accordance with the requirements of
Sec. 63.1282(d); or
(C) Operates at a minimum residence time of 0.5 second at a minimum
temperature of 760 [deg]C.
(D) If a boiler or process heater is used as the control device,
then the vent stream shall be introduced into the flame zone of the
boiler or process heater.
(ii) A vapor recovery device (e.g., carbon adsorption system or
condenser) or other control device that is designed and operated to
reduce the mass content of either TOC or total HAP in the gases vented
to the device by 95.0 percent by weight or greater as determined in
accordance with the requirements of Sec. 63.1282(d).
(iii) A flare that is designed and operated in accordance with the
requirements of Sec. 63.11(b).
(2) [Reserved]
(3) The owner or operator shall demonstrate that a control device
achieves the performance requirements of paragraph (d)(1) of this
section by following the procedures specified in Sec. 63.1282(d).
(4) The owner or operator shall operate each control device in
accordance with the requirements specified in paragraphs (d)(4)(i) and
(ii) of this section.
(i) Each control device used to comply with this subpart shall be
operating at all times when gases, vapors, and fumes are vented from the
emissions unit or units through the closed-vent system to the control
device, as required under Sec. 63.1275, except when maintenance or
repair of a unit cannot be completed without a shutdown of the control
device. An owner or operator may vent more than one unit to a control
device used to comply with this subpart.
(ii) For each control device monitored in accordance with the
requirements of Sec. 63.1283(d), the owner or operator shall
demonstrate compliance according to the requirements of Sec.
63.1282(e), or (f) as applicable.
(5) For each carbon adsorption system used as a control device to
meet the requirements of paragraph (d)(1) of this section, the owner or
operator shall manage the carbon as follows:
[[Page 235]]
(i) Following the initial startup of the control device, all carbon
in the control device shall be replaced with fresh carbon on a regular,
predetermined time interval that is no longer than the carbon service
life established for the carbon adsorption system.
(ii) The spent carbon removed from the carbon adsorption system
shall be either regenerated, reactivated, or burned in one of the units
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(G) of this
section.
(A) Regenerated or reactivated in a thermal treatment unit for which
the owner or operator has been issued a final permit under 40 CFR part
270 that implements the requirements of 40 CFR part 264, subpart X.
(B) Regenerated or reactivated in a thermal treatment unit equipped
with and operating organic air emission controls in accordance with this
section.
(C) Regenerated or reactivated in a thermal treatment unit equipped
with and operating organic air emission controls in accordance with a
national emissions standard for HAP under another subpart in 40 CFR part
61 or this part.
(D) Burned in a hazardous waste incinerator for which the owner or
operator has been issued a final permit under 40 CFR part 270 that
implements the requirements of 40 CFR part 264, subpart O.
(E) Burned in a hazardous waste incinerator which the owner or
operator has designed and operates in accordance with the requirements
of 40 CFR part 265, subpart O.
(F) Burned in a boiler or industrial furnace for which the owner or
operator has been issued a final permit under 40 CFR part 270 that
implements the requirements of 40 CFR part 266, subpart H.
(G) Burned in a boiler or industrial furnace which the owner or
operator has designed and operates in accordance with the interim status
requirements of 40 CFR part 266, subpart H.
(e) Process modification requirements. Each owner or operator that
chooses to comply with Sec. 63.1275(c)(2) shall meet the requirements
specified in paragraphs (e)(1) through (e)(3) of this section.
(1) The owner or operator shall determine glycol dehydration unit
baseline operations (as defined in Sec. 63.1271). Records of glycol
dehydration unit baseline operations shall be retained as required under
Sec. 63.1284(b)(9).
(2) The owner or operator shall document, to the Administrator's
satisfaction, the conditions for which glycol dehydration unit baseline
operations shall be modified to achieve the 95.0 percent overall HAP
emission reduction, either through process modifications or through a
combination of process modifications and one or more control devices. If
a combination of process modifications and one or more control devices
are used, the owner or operator shall also establish the percent HAP
reduction to be achieved by the control device to achieve an overall HAP
emission reduction of 95.0 percent for the glycol dehydration unit
process vent. Only modifications in glycol dehydration unit operations
directly related to process changes, including but not limited to
changes in glycol circulation rate or glycol-HAP absorbency, shall be
allowed. Changes in the inlet gas characteristics or natural gas
throughput rate shall not be considered in determining the overall HAP
emission reduction due to process modifications.
(3) The owner or operator that achieves a 95.0 percent HAP emission
reduction using process modifications alone shall comply with paragraph
(e)(3)(i) of this section. The owner or operator that achieves a 95.0
percent HAP emission reduction using a combination of process
modifications and one or more control devices shall comply with
paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
(i) The owner or operator shall maintain records, as required in
Sec. 63.1284(b)(10), that the facility continues to operate in
accordance with the conditions specified under paragraph (e)(2) of this
section.
(ii) The owner or operator shall comply with the control device
requirements specified in paragraph (d) of this section, except that the
emission reduction achieved shall be the emission
[[Page 236]]
reduction specified in paragraph (e)(2) of this section.
[64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001;
68 FR 37357, June 23, 2003]
Sec. 63.1282 Test methods, compliance procedures, and compliance
demonstrations.
(a) Determination of glycol dehydration unit flowrate or benzene
emissions. The procedures of this paragraph shall be used by an owner or
operator to determine glycol dehydration unit natural gas flowrate or
benzene emissions to meet the criteria for the exemption from control
requirements under Sec. 63.1274(d).
(1) The determination of actual flowrate of natural gas to a glycol
dehydration unit shall be made using the procedures of either paragraph
(a)(1)(i) or (a)(1)(ii) of this section.
(i) The owner or operator shall install and operate a monitoring
instrument that directly measures natural gas flowrate to the glycol
dehydration unit with an accuracy of plus or minus 2 percent or better.
The owner or operator shall convert the annual natural gas flowrate to a
daily average by dividing the annual flowrate by the number of days per
year the glycol dehydration unit processed natural gas.
(ii) The owner or operator shall document, to the Administrator's
satisfaction, that the actual annual average natural gas flowrate to the
glycol dehydration unit is less than 283.0 thousand standard cubic
meters per day.
(2) The determination of actual average benzene emissions from a
glycol dehydration unit shall be made using the procedures of either
paragraph (a)(2)(i) or (a)(2)(ii) of this section. Emissions shall be
determined either uncontrolled or with federally enforceable controls in
place.
(i) The owner or operator shall determine actual average benzene
emissions using the model GRI-GLYCalc\TM\, Version 3.0 or higher, and
the procedures presented in the associated GRI-GLYCalc\TM\ Technical
Reference Manual. Inputs to the model shall be representative of actual
operating conditions of the glycol dehydration unit and may be
determined using the procedures documented in the Gas Research Institute
(GRI) report entitled ``Atmospheric Rich/Lean Method for Determining
Glycol Dehydrator Emissions'' (GRI-95/0368.1); or
(ii) The owner or operator shall determine an average mass rate of
benzene emissions in kilograms per hour through direct measurement by
performing three runs of Method 18 in 40 CFR part 60, appendix A (or an
equivalent method), and averaging the results of the three runs. Annual
emissions in kilograms per year shall be determined by multiplying the
mass rate by the number of hours the unit is operated per year. This
result shall be converted to megagrams per year.
(b) No detectable emissions test procedure. (1) The procedure shall
be conducted in accordance with Method 21, 40 CFR part 60, appendix A.
(2) The detection instrument shall meet the performance criteria of
Method 21, 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the fluid, and not for each individual organic
compound in the stream.
(3) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21, 40 CFR part 60,
appendix A.
(4) Calibration gases shall be as follows:
(i) Zero air (less than 10 parts per million by volume hydrocarbon
in air); and
(ii) A mixture of methane in air at a methane concentration of less
than 10,000 parts per million by volume.
(5) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level value
must be determined according to the procedures in Method 21 of 40 CFR
part 60, appendix A.
(6)(i) Except as provided in paragraph (b)(6)(ii) of this section,
the detection instrument shall meet the performance criteria of Method
21 of 40 CFR part 60, appendix A, except the instrument response factor
criteria in section 3.1.2(a) of Method 21 shall be for the average
composition of the process fluid not
[[Page 237]]
each individual volatile organic compound in the stream. For process
streams that contain nitrogen, air, or other inerts which are not
organic HAP or VOC, the average stream response factor shall be
calculated on an inert-free basis.
(ii) If no instrument is available at the facility that will meet
the performance criteria specified in paragraph (b)(6)(i) of this
section, the instrument readings may be adjusted by multiplying by the
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (b)(6)(i) of this section.
(7) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (b)(7)(i) or (b)(7)(ii) of this
section.
(i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level, then
the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (b)(8) of this
section.
(ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (b)(5) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (b)(8) of this section.
(8) A potential leak interface is determined to operate with no
detectable organic emissions if the organic concentration value
determined in paragraph (b)(7) is less than 500 parts per million by
volume.
(c) [Reserved]
(d) Control device performance test procedures. This paragraph
applies to the performance testing of control devices. The owners or
operators shall demonstrate that a control device achieves the
performance requirements of Sec. 63.1281(d)(1) or (e)(3)(ii) using
either a performance test as specified in paragraph (d)(3) of this
section or a design analysis as specified in paragraph (d)(4) of this
section. The owner or operator may elect to use the alternative
procedures in paragraph (d)(5) of this section for performance testing
of a condenser used to control emissions from a glycol dehydration unit
process vent.
(1) The following control devices are exempt from the requirements
to conduct performance tests and design analyses under this section:
(i) Except as specified in paragraph (d)(2) of this section, a flare
that is designed and operated in accordance with Sec. 63.11(b);
(ii) A boiler or process heater with a design heat input capacity of
44 megawatts or greater;
(iii) A boiler or process heater into which the vent stream is
introduced with the primary fuel or is used as the primary fuel;
(iv) A boiler or process heater burning hazardous waste for which
the owner or operator has either been issued a final permit under 40 CFR
part 270 and complies with the requirements of 40 CFR part 266, subpart
H, or has certified compliance with the interim status requirements of
40 CFR part 266, subpart H;
(v) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(vi) A control device for which a performance test was conducted for
determining compliance with a regulation promulgated by the EPA, and the
test was conducted using the same methods specified in this section, and
either no process changes have been made since the test, or the owner or
operator can demonstrate that the results of the performance test, with
or without adjustments, reliably demonstrate compliance despite process
changes.
(2) An owner or operator shall design and operate each flare in
accordance with the requirements specified in Sec. 63.11(b) and in
paragraphs (d)(2)(i) and (d)(2)(ii) of this section.
[[Page 238]]
(i) The compliance determination shall be conducted using Method 22
of 40 CFR part 60, appendix A, to determine visible emissions.
(ii) An owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic HAP or
TOC concentration when a flare is used.
(3) For a performance test conducted to demonstrate that a control
device meets the requirements of Sec. 63.1281(d)(1) or (e)(3)(ii), the
owner or operator shall use the test methods and procedures specified in
paragraphs (d)(3)(i) through (iv) of this section. The performance test
results shall be submitted in the Notification of Compliance Status
Report as required in Sec. 63.1285(d)(1)(ii).
(i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites specified in
paragraphs (d)(3)(i)(A) and (B) of this section. Any references to
particulate mentioned in Methods 1 and 1A do not apply to this section.
(A) To determine compliance with the control device percent
reduction requirements specified in Sec.
63.1281(d)(1)(i)(A),(d)(1)(ii), or (e)(3)(ii), sampling sites shall be
located at the inlet of the first control device and at the outlet of
the final control device.
(B) To determine compliance with the enclosed combustion device
total HAP concentration limit specified in Sec. 63.1281(d)(1)(i)(B),
the sampling site shall be located at the outlet of the device.
(ii) The gas volumetric flowrate shall be determined using Method 2,
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
(iii) To determine compliance with the control device percent
reduction performance requirement in Sec. 63.1281(d)(1)(i)(A),
63.1281(d)(1)(ii), or 63.1281(e)(3)(ii), the owner or operator shall use
either Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR part
60, appendix A; alternatively, any other method or data that have been
validated according to the applicable procedures in Method 301 of
appendix A of this part may be used. The following procedures shall be
used to calculate the percentage of reduction:
(A) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15-minute intervals
during the run.
(B) The mass rate of either TOC (minus methane and ethane) or total
HAP (Ei, Eo) shall be computed using the equations
and procedures specified in paragraphs (d)(3)(iii)(B)(1) through (3) of
this section. As an alternative, the mass rate of either TOC (minus
methane and ethane) or total HAP at the inlet of the control device
(Ei) may be calculated using the procedures specified in
paragraph (d)(3)(iii)(B)(4) of this section.
(1) The following equations shall be used:
[GRAPHIC] [TIFF OMITTED] TR29JN01.027
Where:
Cij, Coj = Concentration of sample component j of
the gas stream at the inlet and outlet of the control device,
respectively, dry basis, parts per million by volume.
Ei, Eo = Mass rate of TOC (minus methane and
ethane) or total HAP at the inlet and outlet of the control device,
respectively, dry basis, kilogram per hour.
Mij, Moj = Molecular weight of sample component j
of the gas stream at the inlet and outlet of the control device,
respectively, gram/gram-mole.
Qi, Qo = Flowrate of gas stream at the inlet and
outlet of the control device, respectively, dry standard cubic meter per
minute.
K2 = Constant, 2.494x10-6 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature is 20 [deg]C.
n = Number of components in sample.
(2) When the TOC mass rate is calculated, all organic compounds
(minus methane and ethane) measured by Method 18, of 40 CFR part 60,
appendix A; or Method 25A, 40 CFR part 60, appendix A, shall be summed
using the
[[Page 239]]
equations in paragraph (d)(3)(iii)(B)(1) of this section.
(3) When the total HAP mass rate is calculated, only HAP chemicals
listed in Table 1 of this subpart shall be summed using the equations in
paragraph (d)(3)(iii)(B)(1) of this section.
(4) As an alternative to the procedures for calculating
Ei specified in paragraph (d)(3)(iii)(B)(1) of this section,
the owner or operator may use the model GRI-GLYCalc\TM\, Version 3.0 or
higher, and the procedures presented in the associated GRI-GLYCalc\TM\
Technical Reference Manual. Inputs to the model shall be representative
of actual operating conditions of the glycol dehydration unit and shall
be determined using the procedures documented in the Gas Research
Institute (GRI) report entitled ``Atmospheric Rich/Lean Method for
Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1). When the TOC
mass rate is calculated for glycol dehydration units using the model
GRI-GLYCalc\TM\, all organic compounds (minus methane and ethane)
measured by Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR
part 60, appendix A, shall be summed. When the total HAP mass rate is
calculated for glycol dehydration units using the model GRI-GLYCalc\TM\,
only HAP chemicals listed in Table 1 of this subpart shall be summed.
(C) The percentage of reduction in TOC (minus methane and ethane) or
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JN99.010
Where:
Rcd = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total HAP
at the inlet to the control device as calculated under paragraph
(d)(3)(iii)(B) of this section, kilograms TOC per hour or kilograms HAP
per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total HAP
at the outlet of the control device, as calculated under paragraph
(d)(3)(iii)(B) of this section, kilograms TOC per hour or kilograms HAP
per hour.
(D) If the vent stream entering a boiler or process heater with a
design capacity less than 44 megawatts is introduced with the combustion
air or as a secondary fuel, the weight-percentage of reduction of total
HAP or TOC (minus methane and ethane) across the device shall be
determined by comparing the TOC (minus methane and ethane) or total HAP
in all combusted vent streams and primary and secondary fuels with the
TOC (minus methane and ethane) or total HAP exiting the device,
respectively.
(iv) To determine compliance with the enclosed combustion device
total HAP concentration limit specified in Sec. 63.1281(d)(1)(i)(B),
the owner or operator shall use either Method 18, 40 CFR part 60,
appendix A; or Method 25A, 40 CFR part 60, appendix A, to measure either
TOC (minus methane and ethane) or total HAP. Alternatively, any other
method or data that have been validated according to Method 301 of
appendix A of this part, may be used. The following procedures shall be
used to calculate parts per million by volume concentration, corrected
to 3 percent oxygen:
(A) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15-minute intervals
during the run.
(B) The TOC concentration or total HAP concentration shall be
calculated according to paragraph (d)(3)(iv)(B)(1) or (d)(3)(iv)(B)(2)
of this section.
(1) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.011
Where:
CTOC = Concentration of total organic compounds minus methane
and ethane, dry basis, parts per million by volume.
[[Page 240]]
Cji = Concentration of sample components j of sample i, dry
basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.
(2) The total HAP concentration (CHAP) shall be computed
according to the equation in paragraph (d)(3)(iv)(B)(1) of this section,
except that only HAP chemicals listed in Table 1 of this subpart shall
be summed.
(C) The TOC concentration or total HAP concentration shall be
corrected to 3 percent oxygen as follows:
(1) The emission rate correction factor for excess air, integrated
sampling and analysis procedures of Method 3B, 40 CFR part 60, appendix
A, shall be used to determine the oxygen concentration
(%O2d). The samples shall be taken during the same time that
the samples are taken for determining TOC concentration or total HAP
concentration.
(2) The concentration corrected to 3 percent oxygen (Cc)
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.012
Where:
Cc = TOC concentration of total HAP concentration corrected
to 3 percent oxygen, dry basis, parts per million by volume.
Cm = TOC concentration or total HAP concentration, dry basis,
parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percent by volume.
(4) For a design analysis conducted to meet the requirements of
Sec. 63.1281(d)(1) or (e)(3)(ii), the owner or operator shall meet the
requirements specified in paragraphs (d)(4)(i) and (d)(4)(ii) of this
section. Documentation of the design analysis shall be submitted as a
part of the Notification of Compliance Status Report as required in
Sec. 63.1285(d)(1)(i).
(i) The design analysis shall include analysis of the vent stream
characteristics and control device operating parameters for the
applicable control device as specified in paragraphs (d)(4)(i) (A)
through (F) of this section.
(A) For a thermal vapor incinerator, the design analysis shall
include the vent stream composition, constituent concentrations, and
flowrate and shall establish the design minimum and average temperatures
in the combustion zone and the combustion zone residence time.
(B) For a catalytic vapor incinerator, the design analysis shall
include the vent stream composition, constituent concentrations, and
flowrate and shall establish the design minimum and average temperatures
across the catalyst bed inlet and outlet, and the design service life of
the catalyst.
(C) For a boiler or process heater, the design analysis shall
include the vent stream composition, constituent concentrations, and
flowrate; shall establish the design minimum and average flame zone
temperatures and combustion zone residence time; and shall describe the
method and location where the vent stream is introduced into the flame
zone.
(D) For a condenser, the design analysis shall include the vent
stream composition, constituent concentrations, flowrate, relative
humidity, and temperature, and shall establish the design outlet organic
compound concentration level, design average temperature of the
condenser exhaust vent stream, and the design average temperatures of
the coolant fluid at the condenser inlet and outlet. As an alternative
to the design analysis, an owner or operator may elect to use the
procedures specified in paragraph (d)(5) of this section.
(E) For a regenerable carbon adsorption, the design analysis shall
include the vent stream composition, constituent concentrations,
flowrate, relative humidity, and temperature, and shall establish the
design exhaust vent stream organic compound concentration level,
adsorption cycle time, number and capacity of carbon beds, type and
working capacity of activated carbon used for the carbon beds, design
total regeneration stream flow over the period of each complete carbon
bed regeneration cycle, design carbon bed temperature after
regeneration, design carbon bed regeneration time, and design service
life of the carbon.
(F) For a nonregenerable carbon adsorption system, such as a carbon
canister, the design analysis shall include
[[Page 241]]
the vent stream composition, constituent concentrations, flowrate,
relative humidity, and temperature, and shall establish the design
exhaust vent stream organic compound concentration level, capacity of
the carbon bed, type and working capacity of activated carbon used for
the carbon bed, and design carbon replacement interval based on the
total carbon working capacity of the control device and source operating
schedule. In addition, these systems will incorporate dual carbon
canisters in case of emission breakthrough occurring in one canister.
(ii) If the owner or operator and the Administrator do not agree on
a demonstration of control device performance using a design analysis,
then the disagreement shall be resolved using the results of a
performance test performed by the owner or operator in accordance with
the requirements of paragraph (d)(3) of this section. The Administrator
may choose to have an authorized representative observe the performance
test.
(5) As an alternative to the procedures in paragraphs (d)(3) and
(d)(4)(i)(D) of this section, an owner or operator may elect to use the
procedures documented in the GRI report entitled, ``Atmospheric Rich/
Lean Method for Determining Glycol Dehydrator Emissions,'' (GRI-95/
0368.1) as inputs for the model GRI-GLYCalc\TM\, Version 3.0 or higher,
to determine condenser performance.
(e) Compliance demonstration for control devices performance
requirements. This paragraph applies to the demonstration of compliance
with the control device performance requirements specified in Sec.
63.1281(d)(1) and (e)(3)(ii). Compliance shall be demonstrated using the
requirements in paragraphs (e)(1) through (3) of this section. As an
alternative, an owner or operator that installs a condenser as the
control device to achieve the requirements specified in Sec.
63.1281(d)(1)(ii) or (e)(3)(ii) may demonstrate compliance according to
paragraph (f) of this section. An owner or operator may switch between
compliance with paragraph (e) of this section and compliance with
paragraph (f) of this section only after at least 1 year of operation in
compliance with the selected approach. Notification of such a change in
the compliance method shall be reported in the next Periodic Report, as
required in Sec. 63.1285(e), following the change.
(1) The owner or operator shall establish a site specific maximum or
minimum monitoring parameter value (as appropriate) according to the
requirements of Sec. 63.1283(d)(5)(i).
(2) The owner or operator shall calculate the daily average of the
applicable monitored parameter in accordance with Sec. 63.1283(d)(4).
(3) Compliance is achieved when the daily average of the monitoring
parameter value calculated under paragraph (e)(2) of this section is
either equal to or greater than the minimum or equal to or less than the
maximum monitoring value established under paragraph (e)(1) of this
section.
(f) Compliance demonstration with percent reduction performance
requirements--condensers. This paragraph applies to the demonstration of
compliance with the performance requirements specified in Sec.
63.1281(d)(1)(ii) for condensers. Compliance shall be demonstrated using
the procedures in paragraphs (f)(1) through (f)(3) of this section.
(1) The owner or operator shall establish a site-specific condenser
performance curve according to the procedures specified in Sec.
63.1283(d)(5)(ii).
(2) Compliance with the percent reduction requirement in Sec.
63.1281(d)(1)(ii) or (e)(3) shall be demonstrated by the procedures in
paragraphs (f)(2)(i) through (iii) of this section.
(i) The owner or operator must calculate the daily average condenser
outlet temperature in accordance with Sec. 63.1283(d)(4).
(ii) The owner or operator shall determine the condenser efficiency
for the current operating day using the daily average condenser outlet
temperature calculated in paragraph (f)(2)(i) of this section and the
condenser performance curve established in paragraph (f)(1) of this
section.
(iii) Except as provided in paragraphs (f)(2)(iii)(A), (B), and (D)
of this section, at the end of each operating day the owner or operator
shall calculate the 30-day average HAP emission reduction from the
condenser efficiencies as determined in paragraph (f)(2)(ii) of
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this section for the preceding 30 operating days. If the owner or
operator uses a combination of process modifications and a condenser in
accordance with the requirements of Sec. 63.1281(e), the 30-day average
HAP emission reduction shall be calculated using the emission reduction
achieved through process modifications and the condenser efficiency as
determined in paragraph (f)(2)(ii) of this section, both for the
preceding 30 operating days.
(A) After the compliance date specified in Sec. 63.1270(d), an
owner or operator of a facility that stores natural gas that has less
than 30 days of data for determining the average HAP emission reduction
shall calculate the cumulative average at the end of the withdrawal
season, each season, until 30 days of condenser operating data are
accumulated. For a facility that does not store natural gas, the owner
or operator that has less than 30 days of data for determining average
HAP emission reduction shall calculate the cumulative average at the end
of the calendar year, each year, until 30 days of condenser operating
data are accumulated.
(B) After the compliance date specified in Sec. 63.1270(d), for an
owner or operator that has less than 30 days of data for determining the
average HAP emission reduction, compliance is achieved if the average
HAP emission reduction calculated in paragraph (f)(2)(iii)(A) of this
section is equal to or greater than 95.0 percent.
(C) For the purposes of this subpart, a withdrawal season begins the
first time gas is withdrawn from the storage field after July 1 of the
calendar year and ends on June 30 of the next calendar year.
(D) Glycol dehydration units that are operated continuously have the
option of complying with the requirements specified in 40 CFR 63