[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.  63.6580 to 63.8830)

                         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........................     465
      Alphabetical List of Agencies Appearing in the CFR......     485
      List of CFR Sections Affected...........................     495

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.6580 
                       refers to title 40, part 
                       63, section 6580.

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

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EFFECTIVE AND EXPIRATION DATES

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OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
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``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force 
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    (c) The incorporating document is drafted and submitted for 
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that volume.

[[Page vii]]

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    Director,
    Office of the Federal Register.
    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, Susannah C. Hurley 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. 63.6580 to 63.8830)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

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

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)



PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE 

CATEGORIES (CONTINUED)--Table of Contents



 Subpart ZZZZ_National Emission Standards for Hazardous Air Pollutants 
        for Stationary Reciprocating Internal Combustion Engines

                        What This Subpart Covers

Sec.
63.6580 What is the purpose of subpart ZZZZ?
63.6585 Am I subject to this subpart?
63.6590 What parts of my plant does this subpart cover?
63.6595 When do I have to comply with this subpart?

                          Emission Limitations

63.6600 What emission limitations and operating limitations must I meet 
          if I own or operate a stationary RICE with a site rating of 
          more than 500 brake HP located at a major source of HAP 
          emissions?
63.6601 What emission limitations must I meet if I own or operate a new 
          or reconstructed 4SLB stationary RICE with a site rating of 
          greater than or equal to 250 brake HP and less than or equal 
          to 500 brake HP located at a major source of HAP emissions?
63.6602 What emission limitations must I meet if I own or operate an 
          existing stationary RICE with a site rating of equal to or 
          less than 500 brake HP located at a major source of HAP 
          emissions?
63.6603 What emission limitations and operating limitations must I meet 
          if I own or operate an existing stationary RICE located at an 
          area source of HAP emissions?
63.6604 What fuel requirements must I meet if I own or operate an 
          existing stationary CI RICE?

                     General Compliance Requirements

63.6605 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.6610 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations if I own or operate a 
          stationary RICE with a site rating of more than 500 brake HP 
          located at a major source of HAP emissions?
63.6611 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations if I own or operate a 
          new or reconstructed 4SLB SI stationary RICE with a site 
          rating of greater than or equal to 250 and less than or equal 
          to 500 brake HP located at a major source of HAP emissions?
63.6612 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations if I own or operate an 
          existing stationary RICE with a site rating of less than or 
          equal to 500 brake HP located at a major source of HAP 
          emissions or an existing stationary RICE located at an area 
          source of HAP emissions?
63.6615 When must I conduct subsequent performance tests?
63.6620 What performance tests and other procedures must I use?
63.6625 What are my monitoring, installation, collection, operation, and 
          maintenance requirements?
63.6630 How do I demonstrate initial compliance with the emission 
          limitations and operating limitations?

                   Continuous Compliance Requirements

63.6635 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.6640 How do I demonstrate continuous compliance with the emission 
          limitations and operating limitations?

                   Notification, Reports, and Records

63.6645 What notifications must I submit and when?
63.6650 What reports must I submit and when?
63.6655 What records must I keep?
63.6660 In what form and how long must I keep my records?

                   Other Requirements and Information

63.6665 What parts of the General Provisions apply to me?
63.6670 Who implements and enforces this subpart?
63.6675 What definitions apply to this subpart?

Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for Existing, 
          New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 
           500 HP Located at a Major Source of HAP Emissions
Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for Existing, 
          New, and Reconstructed Spark Ignition 4SRB Stationary RICE 
          500 HP Located at a Major Source of HAP Emissions

[[Page 6]]

          and Existing Spark Ignition 4SRB Stationary RICE  
          500 HP Located at an Area Source of HAP Emissions
Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New and 
          Reconstructed 2SLB and Compression Ignition Stationary RICE 
          500 HP and New and Reconstructed 4SLB Stationary 
          RICE =250 HP Located at a Major Source of HAP 
          Emissions
Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New and 
          Reconstructed 2SLB and Compression Ignition Stationary RICE 
           500 HP Located at a Major Source of HAP Emissions, 
          New and Reconstructed 4SLB Stationary RICE = 250 HP 
          Located at a Major Source of HAP Emissions, Existing 
          Compression Ignition Stationary RICE  500 HP, and 
          Existing 4SLB Stationary RICE 500 HP Located at an 
          Area Source of HAP Emissions
Table 2c to Subpart ZZZZ of Part 63--Requirements for existing 
          compression ignition stationary RICE located at a major source 
          of HAP emissions and existing spark ignition stationary RICE 
          <= 500 HP located at a major source of HAP emissions
Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing 
          Stationary RICE Located at Area Sources of HAP Emissions
Table 3 to Subpart ZZZZ of Part 63--Subsequent performance tests
Table 4 to Subpart ZZZZ of Part 63--Requirements for performance tests
Table 5 to Subpart ZZZZ of Part 63--Initial compliance with emission 
          limitations and operating limitations
Table 6 to Subpart ZZZZ of Part 63--Continuous compliance with emission 
          limitations, operating limitations, work practices, and 
          management practices
Table 7 to Subpart ZZZZ of Part 63--Requirements for reports
Table 8 to Subpart ZZZZ of Part 63--Applicability of general provisions 
          to Subpart ZZZZ

 Subpart AAAAA_National Emission Standards for Hazardous Air Pollutants 
                      for Lime Manufacturing Plants

                        What This Subpart Covers

63.7080 What is the purpose of this subpart?
63.7081 Am I subject to this subpart?
63.7082 What parts of my plant does this subpart cover?
63.7083 When do I have to comply with this subpart?

                          Emission Limitations

63.7090 What emission limitations must I meet?

                     General Compliance Requirements

63.7100 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.7110 By what date must I conduct performance tests and other initial 
          compliance demonstrations?
63.7111 When must I conduct subsequent performance tests?
63.7112 What performance tests, design evaluations, and other procedures 
          must I use?
63.7113 What are my monitoring installation, operation, and maintenance 
          requirements?
63.7114 How do I demonstrate initial compliance with the emission 
          limitations standard?

                   Continuous Compliance Requirements

63.7120 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7121 How do I demonstrate continuous compliance with the emission 
          limitations standard?

                   Notifications, Reports, and Records

63.7130 What notifications must I submit and when?
63.7131 What reports must I submit and when?
63.7132 What records must I keep?
63.7133 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.7140 What parts of the General Provisions apply to me?
63.7141 Who implements and enforces this subpart?
63.7142 What are the requirements for claiming area source status?
63.7143 What definitions apply to this subpart?

Table 1 to Subpart AAAAA of Part 63--Emission Limits
Table 2 to Subpart AAAAA of Part 63--Operating Limits
Table 3 to Subpart AAAAA of Part 63--Initial Compliance with Emission 
          Limits
Table 4 to Subpart AAAAA of Part 63--Requirements for Performance Tests
Table 5 to Subpart AAAAA of Part 63--Continuous Compliance with 
          Operating Limits
Table 6 to Subpart AAAAA of Part 63--Periodic Monitoring for Compliance 
          with Opacity and Visible Emissions Limits
Table 7 to Subpart AAAAA of Part 63--Requirements for Reports

[[Page 7]]

Table 8 to Subpart AAAAA of Part 63--Applicability of General Provisions 
          to Subpart AAAAA

 Subpart BBBBB_National Emission Standards for Hazardous Air Pollutants 
                     for Semiconductor Manufacturing

                        What This Subpart Covers

63.7180 What is the purpose of this subpart?
63.7181 Am I subject to this subpart?
63.7182 What parts of my facility does this subpart cover?
63.7183 When do I have to comply with this subpart?

                           Emission Standards

63.7184 What emission limitations, operating limits, and work practice 
          standards must I meet?

                         Compliance Requirements

63.7185 What are my general requirements for complying with this 
          subpart?
63.7186 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7187 What performance tests and other compliance procedures must I 
          use?
63.7188 What are my monitoring installation, operation, and maintenance 
          requirements?

            Applications, Notifications, Reports, and Records

63.7189 What applications and notifications must I submit and when?
63.7190 What reports must I submit and when?
63.7191 What records must I keep?
63.7192 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7193 What parts of the General Provisions apply to me?
63.7194 Who implements and enforces this subpart?
63.7195 What definitions apply to this subpart?

Table 1 to Subpart BBBBB of Part 63--Requirements for Performance Tests
Table 2 to Subpart BBBBB of Part 63--Applicability of General Provisions 
          to Subpart BBBBB

 Subpart CCCCC_National Emission Standards for Hazardous Air Pollutants 
         for Coke Ovens: Pushing, Quenching, and Battery Stacks

                        What This Subpart Covers

63.7280 What is the purpose of this subpart?
63.7281 Am I subject to this subpart?
63.7282 What parts of my plant does this subpart cover?
63.7283 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.7290 What emission limitations must I meet for capture systems and 
          control devices applied to pushing emissions?
63.7291 What work practice standards must I meet for fugitive pushing 
          emissions if I have a by-product coke oven battery with 
          vertical flues?
63.7292 What work practice standards must I meet for fugitive pushing 
          emissions if I have a by-product coke oven battery with 
          horizontal flues?
63.7293 What work practice standards must I meet for fugitive pushing 
          emissions if I have a non-recovery coke oven battery?
63.7294 What work practice standard must I meet for soaking?
63.7295 What requirements must I meet for quenching?
63.7296 What emission limitations must I meet for battery stacks?

                 Operation and Maintenance Requirements

63.7300 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7310 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.7320 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7321 When must I conduct subsequent performance tests?
63.7322 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits for particulate 
          matter?
63.7323 What procedures must I use to establish operating limits?
63.7324 What procedures must I use to demonstrate initial compliance 
          with the opacity limits?
63.7325 What test methods and other procedures must I use to demonstrate 
          initial compliance with the TDS or constituent limits for 
          quench water?
63.7326 How do I demonstrate initial compliance with the emission 
          limitations that apply to me?
63.7327 How do I demonstrate initial compliance with the work practice 
          standards that apply to me?
63.7328 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

[[Page 8]]

                   Continuous Compliance Requirements

63.7330 What are my monitoring requirements?
63.7331 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7332 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7333 How do I demonstrate continuous compliance with the emission 
          limitations that apply to me?
63.7334 How do I demonstrate continuous compliance with the work 
          practice standards that apply to me?
63.7335 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7336 What other requirements must I meet to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.7340 What notifications must I submit and when?
63.7341 What reports must I submit and when?
63.7342 What records must I keep?
63.7343 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7350 What parts of the General Provisions apply to me?
63.7351 Who implements and enforces this subpart?
63.7352 What definitions apply to this subpart?

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

 Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants 
   for Industrial, Commercial, and Institutional Boilers and Process 
                                 Heaters

                        What This Subpart Covers

63.7480 What is the purpose of this subpart?
63.7485 Am I subject to this subpart?
63.7490 What is the affected source of this subpart?
63.7491 Are any boilers or process heaters not subject to this subpart?
63.7495 When do I have to comply with this subpart?

               Emission Limits and Work Practice Standards

63.7499 What are the subcategories of boilers and process heaters?
63.7500 What emission limits, work practice standards, and operating 
          limits must I meet?

                     General Compliance Requirements

63.7505 What are my general requirements for complying with this 
          subpart?
63.7506 Do any boilers or process heaters have limited requirements?
63.7507 What are the health-based compliance alternatives for the 
          hydrogen chloride (HCl) and total selected metals (TSM) 
          standards?

       Testing, Fuel Analyses, and Initial Compliance Requirements

63.7510 What are my initial compliance requirements and by what date 
          must I conduct them?
63.7515 When must I conduct subsequent performance tests or fuel 
          analyses?
63.7520 What performance tests and procedures must I use?
63.7521 What fuel analyses and procedures must I use?
63.7522 Can I use emission averaging to comply with this subpart?
63.7525 What are my monitoring, installation, operation, and maintenance 
          requirements?
63.7530 How do I demonstrate initial compliance with the emission limits 
          and work practice standards?

                   Continuous Compliance Requirements

63.7535 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7540 How do I demonstrate continuous compliance with the emission 
          limits and work practice standards?
63.7541 How do I demonstrate continuous compliance under the emission 
          averaging provision?

                   Notifications, Reports, and Records

63.7545 What notifications must I submit and when?
63.7550 What reports must I submit and when?
63.7555 What records must I keep?
63.7560 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7565 What parts of the General Provisions apply to me?
63.7570 Who implements and enforces this subpart?
63.7575 What definitions apply to this subpart?

Table 1 to Subpart DDDDD of Part 63--Emission Limits and Work Practice 
          Standards
Table 2 to Subpart DDDDD of Part 63--Operating Limits for Boilers and 
          Process Heaters With Particulate Matter Emission Limits

[[Page 9]]

Table 3 to Subpart DDDDD of Part 63--Operating Limits for Boilers and 
          Process Heaters With Mercury Emission Limits and Boilers and 
          Process Heaters That Choose To Comply With the Alternative 
          Total Selected Metals Emission Limits
Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers and 
          Process Heaters With Hydrogen Chloride Emission Limits
Table 5 to Subpart DDDDD of Part 63--Performance Testing Requirements
Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements
Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits
Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous Compliance
Table 9 to Subpart DDDDD of Part 63--Reporting Requirements
Table 10 to Subpart DDDDD of Part 63--Applicability of General 
          Provisions to Subpart DDDDD
Appendix A to Subpart DDDDD--Methodology and Criteria for Demonstrating 
          Eligibility for the Health-Based Compliance Alternatives

 Subpart EEEEE_National Emission Standards for Hazardous Air Pollutants 
                      for Iron and Steel Foundries

                        What This Subpart Covers

63.7680 What is the purpose of this subpart?
63.7681 Am I subject to this subpart?
63.7682 What parts of my foundry does this subpart cover?
63.7683 When do I have to comply with this subpart?

                          Emissions Limitations

63.7690 What emissions limitations must I meet?

                         Work Practice Standards

63.7700 What work practice standards must I meet?

                 Operation and Maintenance Requirements

63.7710 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7720 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.7730 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7731 When must I conduct subsequent performance tests?
63.7732 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emissions limitations?
63.7733 What procedures must I use to establish operating limits?
63.7734 How do I demonstrate initial compliance with the emissions 
          limitations that apply to me?
63.7735 How do I demonstrate initial compliance with the work practice 
          standards that apply to me?
63.7736 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.7740 What are my monitoring requirements?
63.7741 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7742 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7743 How do I demonstrate continuous compliance with the emissions 
          limitations that apply to me?
63.7744 How do I demonstrate continuous compliance with the work 
          practice standards that apply to me?
63.7745 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7746 What other requirements must I meet to demonstrate continuous 
          compliance?
63.7747 How do I apply for alternative monitoring requirements for a 
          continuous emissions monitoring system?

                   Notifications, Reports, and Records

63.7750 What notifications must I submit and when?
63.7751 What reports must I submit and when?
63.7752 What records must I keep?
63.7753 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.7760 What parts of the General Provisions apply to me?
63.7761 Who implements and enforces this subpart?

                               Definitions

63.7765 What definitions apply to this subpart?

[[Page 10]]


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

 Subpart FFFFF_National Emission Standards for Hazardous Air Pollutants 
         for Integrated Iron and Steel Manufacturing Facilities

                        What This Subpart Covers

63.7780 What is the purpose of this subpart?
63.7781 Am I subject to this subpart?
63.7782 What parts of my plant does this subpart cover?
63.7783 When do I have to comply with this subpart?

                          Emission Limitations

63.7790 What emission limitations must I meet?

                 Operation and Maintenance Requirements

63.7800 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7810 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.7820 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7821 When must I conduct subsequent performance tests?
63.7822 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits for particulate 
          matter?
63.7823 What test methods and other procedures must I use to demonstrate 
          initial compliance with the opacity limits?
63.7824 What test methods and other procedures must I use to establish 
          and demonstrate initial compliance with the operating limits?
63.7825 How do I demonstrate initial compliance with the emission 
          limitations that apply to me?
63.7826 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.7830 What are my monitoring requirements?
63.7831 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7832 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7833 How do I demonstrate continuous compliance with the emission 
          limitations that apply to me?
63.7834 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7835 What other requirements must I meet to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.7840 What notifications must I submit and when?
63.7841 What reports must I submit and when?
63.7842 What records must I keep?
63.7843 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7850 What parts of the General Provisions apply to me?
63.7851 Who implements and enforces this subpart?
63.7852 What definitions apply to this subpart?

Table 1 to Subpart FFFFF of Part 63--Emission and Opacity Limits
Table 2 to Subpart FFFFF of Part 63--Initial Compliance with Emission 
          and Opacity Limits
Table 3 to Subpart FFFFF of Part 63--Continuous Compliance with Emission 
          and Opacity Limits
Table 4 to Subpart FFFFF of Part 63--Applicability of General Provisions 
          to Subpart FFFFF

Subpart GGGGG_National Emission Standards for Hazardous Air Pollutants: 
                            Site Remediation

                        What This Subpart Covers

63.7880 What is the purpose of this subpart?
63.7881 Am I subject to this subpart?
63.7882 What site remediation sources at my facility does this subpart 
          affect?
63.7883 When do I have to comply with this subpart?

                            General Standards

63.7884 What are the general standards I must meet for each site 
          remediation with affected sources?
63.7885 What are the general standards I must meet for my affected 
          process vents?
63.7886 What are the general standards I must meet for my affected 
          remediation material management units?
63.7887 What are the general standards I must meet for my affected 
          equipment leak sources?
63.7888 How do I implement this rule at my facility using the cross-
          referenced requirements in other subparts?

[[Page 11]]

                              Process Vents

63.7890 What emissions limitations and work practice standards must I 
          meet for process vents?
63.7891 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for process vents?
63.7892 What are my inspection and monitoring requirements for process 
          vents?
63.7893 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for process vents?

                                  Tanks

63.7895 What emissions limitations and work practice standards must I 
          meet for tanks?
63.7896 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for tanks?
63.7897 What are my inspection and monitoring requirements for tanks?
63.7898 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for tanks?

                               Containers

63.7900 What emissions limitations and work practice standards must I 
          meet for containers?
63.7901 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for containers?
63.7902 What are my inspection and monitoring requirements for 
          containers?
63.7903 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for containers?

                          Surface Impoundments

63.7905 What emissions limitations and work practice standards must I 
          meet for surface impoundments?
63.7906 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for surface 
          impoundments?
63.7907 What are my inspection and monitoring requirements for surface 
          impoundments?
63.7908 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for surface 
          impoundments?

                               Separators

63.7910 What emissions limitations and work practice standards must I 
          meet for separators?
63.7911 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for separators?
63.7912 What are my inspection and monitoring requirements for 
          separators?
63.7913 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for separators?

                            Transfer Systems

63.7915 What emissions limitations and work practice standards must I 
          meet for transfer systems?
63.7916 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for transfer systems?
63.7917 What are my inspection and monitoring requirements for transfer 
          systems?
63.7918 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for transfer systems?

                             Equipment Leaks

63.7920 What emissions limitations and work practice standards must I 
          meet for equipment leaks?
63.7921 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for equipment leaks?
63.7922 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for equipment leaks?

                 Closed Vent Systems and Control Devices

63.7925 What emissions limitations and work practice standards must I 
          meet for closed vent systems and control devices?
63.7926 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for closed vent 
          systems and control devices?
63.7927 What are my inspection and monitoring requirements for closed 
          vent systems and control devices?
63.7928 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for closed vent 
          systems and control devices?

                     General Compliance Requirements

63.7935 What are my general requirements for complying with this 
          subpart?
63.7936 What requirements must I meet if I transfer remediation material 
          off-site to another facility?
63.7937 How do I demonstrate initial compliance with the general 
          standards?
63.7938 How do I demonstrate continuous compliance with the general 
          standards?

[[Page 12]]

                            Performance Tests

63.7940 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7941 How do I conduct a performance test, design evaluation, or other 
          type of initial compliance demonstration?
63.7942 When must I conduct subsequent performance tests?
63.7943 How do I determine the average VOHAP concentration of my 
          remediation material?
63.7944 How do I determine the maximum HAP vapor pressure of my 
          remediation material?

                      Continuous Monitoring Systems

63.7945 What are my monitoring installation, operation, and maintenance 
          requirements?
63.7946 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7947 What are my monitoring alternatives?

                   Notifications, Reports, and Records

63.7950 What notifications must I submit and when?
63.7951 What reports must I submit and when?
63.7952 What records must I keep?
63.7953 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7955 What parts of the General Provisions apply to me?
63.7956 Who implements and enforces this subpart?
63.7957 What definitions apply to this subpart?

Table 1 to Subpart GGGGG of Part 63--List of Hazardous Air Pollutants
Table 2 to Subpart GGGGG of Part 63--Control Levels as Required by Sec. 
          63.7895(a) for Tanks Managing Remediation Material with a 
          Maximum HAP Vapor Pressure Less Than 76.6 kPa
Table 3 to Subpart GGGGG of Part 63--Applicability of General Provisions 
          to Subpart GGGGG

Subpart HHHHH_National Emission Standards for Hazardous Air Pollutants: 
                   Miscellaneous Coating Manufacturing

                        What this Subpart Covers

63.7980 What is the purpose of this subpart?
63.7985 Am I subject to the requirements in this subpart?
63.7990 What parts of my plant does this subpart cover?

                            Compliance Dates

63.7995 When do I have to comply with this subpart?

  Emission Limits, Work Practice Standards, and Compliance Requirements

63.8000 What are my general requirements for complying with this 
          subpart?
63.8005 What requirements apply to my process vessels?
63.8010 What requirements apply to my storage tanks?
63.8015 What requirements apply to my equipment leaks?
63.8020 What requirements apply to my wastewater streams?
63.8025 What requirements apply to my transfer operations?
63.8030 What requirements apply to my heat exchange systems?

                     Alternative Means of Compliance

63.8050 How do I comply with emissions averaging for stationary process 
          vessels at existing sources?
63.8055 How do I comply with a weight percent HAP limit in coating 
          products?

                   Notifications, Reports, and Records

63.8070 What notifications must I submit and when?
63.8075 What reports must I submit and when?
63.8080 What records must I keep?

                   Other Requirements and Information

63.8090 What compliance options do I have if part of my plant is subject 
          to both this subpart and another subpart?
63.8095 What parts of the General Provisions apply to me?
63.8100 Who implements and enforces this subpart?
63.8105 What definitions apply to this subpart?

Table 1 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Process Vessels
Table 2 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Storage Tanks
Table 3 to Subpart HHHHH of Part 63--Requirements for Equipment Leaks
Table 4 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Wastewater Streams
Table 5 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Transfer Operations
Table 6 to Subpart HHHHH of Part 63--Requirements for Heat Exchange 
          Systems
Table 7 to Subpart HHHHH of Part 63--Partially Soluble Hazardous Air 
          Pollutants

[[Page 13]]

Table 8 to Subpart HHHHH of Part 63--Soluble Hazardous Air Pollutants
Table 9 to Subpart HHHHH of Part 63--Requirements for Reports
Table 10 to Subpart HHHHH of Part 63--Applicability of General 
          Provisions to Subpart HHHHH

Subpart IIIII_National Emission Standards for Hazardous Air Pollutants: 
         Mercury Emissions From Mercury Cell Chlor-Alkali Plants

                        What This Subpart Covers

63.8180 What is the purpose of this subpart?
63.8182 Am I subject to this subpart?
63.8184 What parts of my plant does this subpart cover?
63.8186 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.8190 What emission limitations must I meet?
63.8192 What work practice standards must I meet?

                 Operation and Maintenance Requirements

63.8222 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.8226 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.8230 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.8232 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits?
63.8234 What equations and procedures must I use for the initial 
          compliance demonstration?
63.8236 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.8240 What are my monitoring requirements?
63.8242 What are the installation, operation, and maintenance 
          requirements for my continuous monitoring systems?
63.8243 What equations and procedures must I use to demonstrate 
          continuous compliance?
63.8244 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8246 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards?
63.8248 What other requirements must I meet?

                   Notifications, Reports, and Records

63.8252 What notifications must I submit and when?
63.8254 What reports must I submit and when?
63.8256 What records must I keep?
63.8258 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8262 What parts of the General Provisions apply to me?
63.8264 Who implements and enforces this subpart?
63.8266 What definitions apply to this subpart?

Table 1 to Subpart IIIII of Part 63--Work Practice Standards--Design, 
          Operation, and Maintenance Requirements
Table 2 to Subpart IIIII of Part 63--Work Practice Standards--Required 
          Inspections
Table 3 to Subpart IIIII of Part 63--Work Practice Standards--Required 
          Actions for Liquid Mercury Spills and Accumulations and 
          Hydrogen and Mercury Vapor Leaks
Table 4 to Subpart IIIII of Part 63--Work Practice Standards--
          Requirements for Mercury Liquid Collection
Table 5 to Subpart IIIII of Part 63--Required Elements of Floor-Level 
          Mercury Vapor Measurement and Cell Room Monitoring Plans
Table 6 to Subpart IIIII of Part 63--Examples of Techniques for 
          Equipment Problem Identification, Leak Detection and Mercury 
          Vapor Measurements
Table 7 to Subpart IIIII of Part 63--Required Elements of Washdown Plans
Table 8 to Subpart IIIII of Part 63--Requirements for Cell Room 
          Monitoring Program
Table 9 to Subpart IIIII of Part 63--Required Records for Work Practice 
          Standards
Table 10 to Subpart IIIII of Part 63--Applicability of General 
          Provisions to Subpart IIIII

 Subpart JJJJJ_National Emission Standards for Hazardous Air Pollutants 
          for Brick and Structural Clay Products Manufacturing

                        What This Subpart Covers

63.8380 What is the purpose of this subpart?
63.8385 Am I subject to this subpart?
63.8390 What parts of my plant does this subpart cover?
63.8395 When do I have to comply with this subpart?

[[Page 14]]

                          Emission Limitations

63.8405 What emission limitations must I meet?
63.8410 What are my options for meeting the emission limitations?

                     General Compliance Requirements

63.8420 What are my general requirements for complying with this 
          subpart?
63.8425 What do I need to know about operation, maintenance, and 
          monitoring plans?

               Testing and Initial Compliance Requirements

63.8435 By what date must I conduct performance tests?
63.8440 When must I conduct subsequent performance tests?
63.8445 How do I conduct performance tests and establish operating 
          limits?
63.8450 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8455 How do I demonstrate initial compliance with the emission 
          limitations?

                   Continuous Compliance Requirements

63.8465 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8470 How do I demonstrate continuous compliance with the emission 
          limitations?

                   Notifications, Reports, and Records

63.8480 What notifications must I submit and when?
63.8485 What reports must I submit and when?
63.8490 What records must I keep?
63.8495 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.8505 What parts of the General Provisions apply to me?
63.8510 Who implements and enforces this subpart?
63.8515 What definitions apply to this subpart?

Table 1 to Subpart JJJJJ of Part 63--Emission Limits
Table 2 to Subpart JJJJJ of Part 63--Operating Limits
Table 3 to Subpart JJJJJ of Part 63--Requirements for Performance Tests
Table 4 to Subpart JJJJJ of Part 63--Initial Compliance with Emission 
          Limitations
Table 5 to Subpart JJJJJ of Part 63--Continuous Compliance with Emission 
          Limits and Operating Limits
Table 6 to Subpart JJJJJ of Part 63--Requirements for Reports
Table 7 to Subpart JJJJJ of Part 63--Applicability of General Provisions 
          to Subpart JJJJJ

 Subpart KKKKK_National Emission Standards for Hazardous Air Pollutants 
                     for Clay Ceramics Manufacturing

                        What This Subpart Covers

63.8530 What is the purpose of this subpart?
63.8535 Am I subject to this subpart?
63.8540 What parts of my plant does this subpart cover?
63.8545 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.8555 What emission limitations and work practice standards must I 
          meet?
63.8560 What are my options for meeting the emission limitations and 
          work practice standards?

                     General Compliance Requirements

63.8570 What are my general requirements for complying with this 
          subpart?
63.8575 What do I need to know about operation, maintenance, and 
          monitoring plans?

               Testing and Initial Compliance Requirements

63.8585 By what date must I conduct performance tests?
63.8590 When must I conduct subsequent performance tests?
63.8595 How do I conduct performance tests and establish operating 
          limits?
63.8600 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8605 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.8615 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8620 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards?

                   Notifications, Reports, and Records

63.8630 What notifications must I submit and when?
63.8635 What reports must I submit and when?
63.8640 What records must I keep?
63.8645 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.8655 What parts of the General Provisions apply to me?

[[Page 15]]

63.8660 Who implements and enforces this subpart?
63.8665 What definitions apply to this subpart?

Table 1 to Subpart KKKKK of Part 63--Emission Limits
Table 2 to Subpart KKKKK of Part 63--Operating Limits
Table 3 to Subpart KKKKK of Part 63--Work Practice Standards
Table 4 to Subpart KKKKK of Part 63--Requirements for Performance Tests
Table 5 to Subpart KKKKK of Part 63--Initial Compliance with Emission 
          Limitations and Work Practice Standards
Table 6 to Subpart KKKKK of Part 63--Continuous Compliance with Emission 
          Limitations and Work Practice Standards
Table 7 to Subpart KKKKK of Part 63--Requirements for Reports
Table 8 to Subpart KKKKK of Part 63--Applicability of General Provisions 
          to Subpart KKKKK

Subpart LLLLL_National Emission Standards for Hazardous Air Pollutants: 
          Asphalt Processing and Asphalt Roofing Manufacturing

                        What This Subpart Covers

63.8680 What is the purpose of this subpart?
63.8681 Am I subject to this subpart?
63.8682 What parts of my plant does this subpart cover?
63.8683 When must I comply with this subpart?

                          Emission Limitations

63.8684 What emission limitations must I meet?

                     General Compliance Requirements

63.8685 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.8686 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.8687 What performance tests, design evaluations, and other procedures 
          must I use?
63.8688 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8689 How do I demonstrate initial compliance with the emission 
          limitations?

                   Continuous Compliance Requirements

63.8690 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8691 How do I demonstrate continuous compliance with the operating 
          limits?

                   Notifications, Reports, and Records

63.8692 What notifications must I submit and when?
63.8693 What reports must I submit and when?
63.8694 What records must I keep?
63.8695 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8696 What parts of the General Provisions apply to me?
63.8697 Who implements and enforces this subpart?
63.8698 What definitions apply to this subpart?

Table 1 to Subpart LLLLL of Part 63--Emission Limitations
Table 2 to Subpart LLLLL of Part 63--Operating Limits
Table 3 to Subpart LLLLL of Part 63--Requirements for Performance Tests
Table 4 to Subpart LLLLL of Part 63--Initial Compliance With Emission 
          Limitations
Table 5 to Subpart LLLLL of Part 63--Continuous Compliance with 
          Operating Limits
Table 6 to Subpart LLLLL of Part 63--Requirements for Reports
Table 7 to Subpart LLLLL of Part 63--Applicability of General Provisions 
          to Subpart LLLLL

Subpart MMMMM_National Emission Standards for Hazardous Air Pollutants: 
            Flexible Polyurethane Foam Fabrication Operations

                        What This Subpart Covers

63.8780 What is the purpose of this subpart?
63.8782 Am I subject to this subpart?
63.8784 What parts of my plant does this subpart cover?
63.8786 When do I have to comply with this subpart?

                          Emission Limitations

63.8790 What emission limitations must I meet?

                     General Compliance Requirements

63.8794 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.8798 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.8800 What performance tests and other procedures must I use to 
          demonstrate compliance with the emission limit for flame 
          lamination?

[[Page 16]]

63.8802 What methods must I use to demonstrate compliance with the 
          emission limitation for loop slitter adhesive use?
63.8806 How do I demonstrate initial compliance with the emission 
          limitations?

                   Continuous Compliance Requirements

63.8810 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8812 How do I demonstrate continuous compliance with the emission 
          limitations?

                   Notifications, Reports, and Records

63.8816 What notifications must I submit and when?
63.8818 What reports must I submit and when?
63.8820 What records must I keep?
63.8822 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8826 What parts of the General Provisions apply to me?
63.8828 Who implements and enforces this subpart?
63.8830 What definitions apply to this subpart?

Table 1 to Subpart MMMMM of Part 63--Emission Limits
Table 2 to Subpart MMMMM of Part 63--Operating Limits for New or 
          Reconstructed Flame Lamination Affected Sources
Table 3 to Subpart MMMMM of Part 63--Performance Test Requirements for 
          New or Reconstructed Flame Lamination Affected Sources
Table 4 to Subpart MMMMM of Part 63--Initial Compliance With Emission 
          Limits
Table 5 to Subpart MMMMM of Part 63--Continuous Compliance with Emission 
          Limits and Operating Limits
Table 6 to Subpart MMMMM of Part 63--Requirements for Reports
Table 7 to Subpart MMMMM of Part 63--Applicability of General Provisions 
          to Subpart MMMMM

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

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



 Subpart ZZZZ_National Emissions Standards for Hazardous Air Pollutants 

        for Stationary Reciprocating Internal Combustion Engines

    Source: 69 FR 33506, June 15, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.6580  What is the purpose of subpart ZZZZ?

    Subpart ZZZZ establishes national emission limitations and operating 
limitations for hazardous air pollutants (HAP) emitted from stationary 
reciprocating internal combustion engines (RICE) located at major and 
area sources of HAP emissions. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and operating limitations.

[73 FR 3603, Jan. 18, 2008]



Sec. 63.6585  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a stationary 
RICE at a major or area source of HAP emissions, except if the 
stationary RICE is being tested at a stationary RICE test cell/stand.
    (a) A stationary RICE is any internal combustion engine which uses 
reciprocating motion to convert heat energy into mechanical work and 
which is not mobile. Stationary RICE differ from mobile RICE in that a 
stationary RICE is not a non-road engine as defined at 40 CFR 1068.30, 
and is not used to propel a motor vehicle or a vehicle used solely for 
competition.
    (b) A major source of HAP emissions is a plant site that emits or 
has the potential to emit any single HAP at a rate of 10 tons (9.07 
megagrams) or more per year or any combination of HAP at a rate of 25 
tons (22.68 megagrams) or more per year, except that for oil and gas 
production facilities, a major source of HAP emissions is determined for 
each surface site.
    (c) An area source of HAP emissions is a source that is not a major 
source.
    (d) If you are an owner or operator of an area source subject to 
this subpart, your status as an entity subject to a standard or other 
requirements under this subpart does not subject you to the obligation 
to obtain a permit under 40 CFR part 70 or 71, provided you are not 
required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a 
reason other than your status as an area source under this subpart. 
Notwithstanding the previous sentence,

[[Page 17]]

you must continue to comply with the provisions of this subpart as 
applicable.
    (e) If you are an owner or operator of a stationary RICE used for 
national security purposes, you may be eligible to request an exemption 
from the requirements of this subpart as described in 40 CFR part 1068, 
subpart C.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3603, Jan. 18, 2008]



Sec. 63.6590  What parts of my plant does this subpart cover?

    This subpart applies to each affected source.
    (a) Affected source. An affected source is any existing, new, or 
reconstructed stationary RICE located at a major or area source of HAP 
emissions, excluding stationary RICE being tested at a stationary RICE 
test cell/stand.
    (1) Existing stationary RICE.
    (i) For stationary RICE with a site rating of more than 500 brake 
horsepower (HP) located at a major source of HAP emissions, a stationary 
RICE is existing if you commenced construction or reconstruction of the 
stationary RICE before December 19, 2002.
    (ii) For stationary RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions, a stationary 
RICE is existing if you commenced construction or reconstruction of the 
stationary RICE before June 12, 2006.
    (iii) For stationary RICE located at an area source of HAP 
emissions, a stationary RICE is existing if you commenced construction 
or reconstruction of the stationary RICE before June 12, 2006.
    (iv) A change in ownership of an existing stationary RICE does not 
make that stationary RICE a new or reconstructed stationary RICE.
    (2) New stationary RICE. (i) A stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions is new 
if you commenced construction of the stationary RICE on or after 
December 19, 2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is new if you 
commenced construction of the stationary RICE on or after June 12, 2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is new if you commenced construction of the stationary RICE on or after 
June 12, 2006.
    (3) Reconstructed stationary RICE. (i) A stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions is reconstructed if you meet the definition of reconstruction 
in Sec. 63.2 and reconstruction is commenced on or after December 19, 
2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is reconstructed 
if you meet the definition of reconstruction in Sec. 63.2 and 
reconstruction is commenced on or after June 12, 2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is reconstructed if you meet the definition of reconstruction in Sec. 
63.2 and reconstruction is commenced on or after June 12, 2006.
    (b) Stationary RICE subject to limited requirements. (1) An affected 
source which meets either of the criteria in paragraphs (b)(1)(i) 
through (ii) of this section does not have to meet the requirements of 
this subpart and of subpart A of this part except for the initial 
notification requirements of Sec. 63.6645(f).
    (i) The stationary RICE is a new or reconstructed emergency 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions.
    (ii) The stationary RICE is a new or reconstructed limited use 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions.
    (2) A new or reconstructed stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions which 
combusts landfill or digester gas equivalent to 10 percent or more of 
the gross heat input on an annual basis must meet the initial 
notification requirements of Sec. 63.6645(f) and the requirements of 
Sec. Sec. 63.6625(c), 63.6650(g), and 63.6655(c). These stationary RICE 
do not have to meet the emission limitations and operating limitations 
of this subpart.

[[Page 18]]

    (3) The following stationary RICE do not have to meet the 
requirements of this subpart and of subpart A of this part, including 
initial notification requirements:
    (i) Existing spark ignition 2 stroke lean burn (2SLB) stationary 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions;
    (ii) Existing spark ignition 4 stroke lean burn (4SLB) stationary 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions;
    (iii) Existing emergency stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions;
    (iv) Existing limited use stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions;
    (v) Existing stationary RICE with a site rating of more than 500 
brake HP located at a major source of HAP emissions that combusts 
landfill gas or digester gas equivalent to 10 percent or more of the 
gross heat input on an annual basis;
    (vi) Existing residential emergency stationary RICE located at an 
area source of HAP emissions;
    (vii) Existing commercial emergency stationary RICE located at an 
area source of HAP emissions; or
    (viii) Existing institutional emergency stationary RICE located at 
an area source of HAP emissions.
    (c) Stationary RICE subject to Regulations under 40 CFR Part 60. An 
affected source that meets any of the criteria in paragraphs (c)(1) 
through (7) of this section must meet the requirements of this part by 
meeting the requirements of 40 CFR part 60 subpart IIII, for compression 
ignition engines or 40 CFR part 60 subpart JJJJ, for spark ignition 
engines. No further requirements apply for such engines under this part.
    (1) A new or reconstructed stationary RICE located at an area 
source;
    (2) A new or reconstructed 2SLB stationary RICE with a site rating 
of less than or equal to 500 brake HP located at a major source of HAP 
emissions;
    (3) A new or reconstructed 4SLB stationary RICE with a site rating 
of less than 250 brake HP located at a major source of HAP emissions;
    (4) A new or reconstructed spark ignition 4 stroke rich burn (4SRB) 
stationary RICE with a site rating of less than or equal to 500 brake HP 
located at a major source of HAP emissions;
    (5) A new or reconstructed stationary RICE with a site rating of 
less than or equal to 500 brake HP located at a major source of HAP 
emissions which combusts landfill or digester gas equivalent to 10 
percent or more of the gross heat input on an annual basis;
    (6) A new or reconstructed emergency or limited use stationary RICE 
with a site rating of less than or equal to 500 brake HP located at a 
major source of HAP emissions;
    (7) A new or reconstructed compression ignition (CI) stationary RICE 
with a site rating of less than or equal to 500 brake HP located at a 
major source of HAP emissions.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3604, Jan. 18, 2008; 75 
FR 9674, Mar. 3, 2010; 75 FR 37733, June 30, 2010; 75 FR 51588, Aug. 20, 
2010]



Sec. 63.6595  When do I have to comply with this subpart?

    (a) Affected sources. (1) If you have an existing stationary RICE, 
excluding existing non-emergency CI stationary RICE, with a site rating 
of more than 500 brake HP located at a major source of HAP emissions, 
you must comply with the applicable emission limitations and operating 
limitations no later than June 15, 2007. If you have an existing non-
emergency CI stationary RICE with a site rating of more than 500 brake 
HP located at a major source of HAP emissions, an existing stationary CI 
RICE with a site rating of less than or equal to 500 brake HP located at 
a major source of HAP emissions, or an existing stationary CI RICE 
located at an area source of HAP emissions, you must comply with the 
applicable emission limitations and operating limitations no later than 
May 3, 2013. If you have an existing stationary SI RICE with a site 
rating of less than or equal to 500 brake HP located at a major source 
of HAP emissions, or an existing stationary SI RICE located at an area 
source of HAP emissions, you must comply with the

[[Page 19]]

applicable emission limitations and operating limitations no later than 
October 19, 2013.
    (2) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions before August 16, 2004, you must comply with the applicable 
emission limitations and operating limitations in this subpart no later 
than August 16, 2004.
    (3) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions after August 16, 2004, you must comply with the applicable 
emission limitations and operating limitations in this subpart upon 
startup of your affected source.
    (4) If you start up your new or reconstructed stationary RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions before January 18, 2008, you must comply with 
the applicable emission limitations and operating limitations in this 
subpart no later than January 18, 2008.
    (5) If you start up your new or reconstructed stationary RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions after January 18, 2008, you must comply with the 
applicable emission limitations and operating limitations in this 
subpart upon startup of your affected source.
    (6) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions before January 18, 2008, you 
must comply with the applicable emission limitations and operating 
limitations in this subpart no later than January 18, 2008.
    (7) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions after January 18, 2008, you 
must comply with the applicable emission limitations and operating 
limitations in this subpart upon startup of your affected source.
    (b) Area sources that become major sources. If you have an area 
source that increases its emissions or its potential to emit such that 
it becomes a major source of HAP, the compliance dates in paragraphs 
(b)(1) and (2) of this section apply to you.
    (1) Any stationary RICE for which construction or reconstruction is 
commenced after the date when your area source becomes a major source of 
HAP must be in compliance with this subpart upon startup of your 
affected source.
    (2) Any stationary RICE for which construction or reconstruction is 
commenced before your area source becomes a major source of HAP must be 
in compliance with the provisions of this subpart that are applicable to 
RICE located at major sources within 3 years after your area source 
becomes a major source of HAP.
    (c) If you own or operate an affected source, you must meet the 
applicable notification requirements in Sec. 63.6645 and in 40 CFR part 
63, subpart A.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3604, Jan. 18, 2008; 75 
FR 9675, Mar. 3, 2010; 75 FR 51589, Aug. 20, 2010]

                   Emission and Operating Limitations



Sec. 63.6600  What emission limitations and operating limitations must I meet 

if I own or operate a stationary RICE with a site rating of more than 500 

brake HP located at a major source of HAP emissions?

    Compliance with the numerical emission limitations established in 
this subpart is based on the results of testing the average of three 1-
hour runs using the testing requirements and procedures in Sec. 63.6620 
and Table 4 to this subpart.
    (a) If you own or operate an existing, new, or reconstructed spark 
ignition 4SRB stationary RICE with a site rating of more than 500 brake 
HP located at a major source of HAP emissions, you must comply with the 
emission limitations in Table 1a to this subpart and the operating 
limitations in Table 1b to this subpart which apply to you.
    (b) If you own or operate a new or reconstructed 2SLB stationary 
RICE with a site rating of more than 500 brake HP located at major 
source of HAP emissions, a new or reconstructed 4SLB stationary RICE 
with a site rating of more than 500 brake HP located at major source of 
HAP emissions, or a new or reconstructed CI stationary RICE with a site 
rating of more than

[[Page 20]]

500 brake HP located at a major source of HAP emissions, you must comply 
with the emission limitations in Table 2a to this subpart and the 
operating limitations in Table 2b to this subpart which apply to you.
    (c) If you own or operate any of the following stationary RICE with 
a site rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the emission limitations in 
Tables 1a, 2a, 2c, and 2d to this subpart or operating limitations in 
Tables 1b and 2b to this subpart: an existing 2SLB stationary RICE; an 
existing 4SLB stationary RICE; a stationary RICE that combusts landfill 
gas or digester gas equivalent to 10 percent or more of the gross heat 
input on an annual basis; an emergency stationary RICE; or a limited use 
stationary RICE.
    (d) If you own or operate an existing non-emergency stationary CI 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions, you must comply with the emission limitations 
in Table 2c to this subpart and the operating limitations in Table 2b to 
this subpart which apply to you.

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 9675, Mar. 3, 2010]



Sec. 63.6601  What emission limitations must I meet if I own or operate a new 

or reconstructed 4SLB stationary RICE with a site rating of greater than or 

equal to 250 brake HP and less than or equal to 500 brake HP located 

at a major source of HAP emissions?

    Compliance with the numerical emission limitations established in 
this subpart is based on the results of testing the average of three 1-
hour runs using the testing requirements and procedures in Sec. 63.6620 
and Table 4 to this subpart. If you own or operate a new or 
reconstructed 4SLB stationary RICE with a site rating of greater than or 
equal to 250 and less than or equal to 500 brake HP located at major 
source of HAP emissions manufactured on or after January 1, 2008, you 
must comply with the emission limitations in Table 2a to this subpart 
and the operating limitations in Table 2b to this subpart which apply to 
you.

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 9675, Mar. 3, 2010; 75 
FR 51589, Aug. 20, 2010]



Sec. 63.6602  What emission limitations must I meet if I own or operate an 

existing stationary RICE with a site rating of equal to or less than 500 brake 

HP located at a major source of HAP emissions?

    If you own or operate an existing stationary RICE with a site rating 
of equal to or less than 500 brake HP located at a major source of HAP 
emissions, you must comply with the emission limitations in Table 2c to 
this subpart which apply to you. Compliance with the numerical emission 
limitations established in this subpart is based on the results of 
testing the average of three 1-hour runs using the testing requirements 
and procedures in Sec. 63.6620 and Table 4 to this subpart.

[75 FR 51589, Aug. 20, 2010]



Sec. 63.6603  What emission limitations and operating limitations must I meet 

if I own or operate an existing stationary RICE located at an area source of 

HAP emissions?

    Compliance with the numerical emission limitations established in 
this subpart is based on the results of testing the average of three 1-
hour runs using the testing requirements and procedures in Sec. 63.6620 
and Table 4 to this subpart.
    (a) If you own or operate an existing stationary RICE located at an 
area source of HAP emissions, you must comply with the requirements in 
Table 2d to this subpart and the operating limitations in Table 1b and 
Table 2b to this subpart that apply to you.
    (b) If you own or operate an existing stationary non-emergency CI 
RICE greater than 300 HP located at area sources in areas of Alaska not 
accessible by the Federal Aid Highway System (FAHS) you do not have to 
meet the numerical CO emission limitations specified in Table 2d to this 
subpart. Existing stationary non-emergency CI RICE greater than 300 HP 
located at area sources in areas of Alaska not accessible by the FAHS 
must meet the management practices that are shown

[[Page 21]]

for stationary non-emergency CI RICE less than or equal to 300 HP in 
Table 2d to this subpart.

[75 FR 9675, Mar. 3, 2010, as amended at 75 FR 51589, Aug. 20, 2010; 76 
FR 12866, Mar. 9, 2011]



Sec. 63.6604  What fuel requirements must I meet if I own or operate an 

existing stationary CI RICE?

    If you own or operate an existing non-emergency, non-black start CI 
stationary RICE with a site rating of more than 300 brake HP with a 
displacement of less than 30 liters per cylinder that uses diesel fuel, 
you must use diesel fuel that meets the requirements in 40 CFR 80.510(b) 
for nonroad diesel fuel. Existing non-emergency CI stationary RICE 
located in Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, or at area sources in areas of Alaska not accessible by 
the FAHS are exempt from the requirements of this section.

[75 FR 51589, Aug. 20, 2010]

                     General Compliance Requirements



Sec. 63.6605  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limitations and 
operating limitations in this subpart that apply to you at all times.
    (b) At all times you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require you 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.

[75 FR 9675, Mar. 3, 2010]

               Testing and Initial Compliance Requirements



Sec. 63.6610  By what date must I conduct the initial performance tests or 

other initial compliance demonstrations if I own or operate a stationary RICE 

with a site rating of more than 500 brake HP located at a major 

source of HAP emissions?

    If you own or operate a stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions you are 
subject to the requirements of this section.
    (a) You must conduct the initial performance test or other initial 
compliance demonstrations in Table 4 to this subpart that apply to you 
within 180 days after the compliance date that is specified for your 
stationary RICE in Sec. 63.6595 and according to the provisions in 
Sec. 63.7(a)(2).
    (b) If you commenced construction or reconstruction between December 
19, 2002 and June 15, 2004 and own or operate stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions, you must demonstrate initial compliance with either the 
proposed emission limitations or the promulgated emission limitations no 
later than February 10, 2005 or no later than 180 days after startup of 
the source, whichever is later, according to Sec. 63.7(a)(2)(ix).
    (c) If you commenced construction or reconstruction between December 
19, 2002 and June 15, 2004 and own or operate stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions, and you chose to comply with the proposed emission 
limitations when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limitations by December 13, 2007 or after startup of the 
source, whichever is later, according to Sec. 63.7(a)(2)(ix).
    (d) An owner or operator is not required to conduct an initial 
performance test on units for which a performance test has been 
previously conducted, but the test must meet all of the conditions 
described in paragraphs (d)(1) through (5) of this section.

[[Page 22]]

    (1) The test must have been conducted using the same methods 
specified in this subpart, and these methods must have been followed 
correctly.
    (2) The test must not be older than 2 years.
    (3) The test must be reviewed and accepted by the Administrator.
    (4) Either no process or equipment changes must have been made since 
the test was performed, or the owner or operator must be able to 
demonstrate that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process or 
equipment changes.
    (5) The test must be conducted at any load condition within plus or 
minus 10 percent of 100 percent load.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3605, Jan. 18, 2008]



Sec. 63.6611  By what date must I conduct the initial performance tests or 

other initial compliance demonstrations if I own or operate a new or 

reconstructed 4SLB SI stationary RICE with a site rating of greater than or 

equal to 250 and less than or equal to 500 brake HP located at a major source 

of HAP emissions?

    If you own or operate a new or reconstructed 4SLB stationary RICE 
with a site rating of greater than or equal to 250 and less than or 
equal to 500 brake HP located at a major source of HAP emissions, you 
must conduct an initial performance test within 240 days after the 
compliance date that is specified for your stationary RICE in Sec. 
63.6595 and according to the provisions specified in Table 4 to this 
subpart, as appropriate.

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 51589, Aug. 20, 2010]



Sec. 63.6612  By what date must I conduct the initial performance tests or 

other initial compliance demonstrations if I own or operate an existing 

stationary RICE with a site rating of less than or equal to 500 brake HP 

located at a major source of HAP emissions or an existing stationary RICE 

located at an area source of HAP emissions?

    If you own or operate an existing stationary RICE with a site rating 
of less than or equal to 500 brake HP located at a major source of HAP 
emissions or an existing stationary RICE located at an area source of 
HAP emissions you are subject to the requirements of this section.
    (a) You must conduct any initial performance test or other initial 
compliance demonstration according to Tables 4 and 5 to this subpart 
that apply to you within 180 days after the compliance date that is 
specified for your stationary RICE in Sec. 63.6595 and according to the 
provisions in Sec. 63.7(a)(2).
    (b) An owner or operator is not required to conduct an initial 
performance test on a unit for which a performance test has been 
previously conducted, but the test must meet all of the conditions 
described in paragraphs (b)(1) through (4) of this section.
    (1) The test must have been conducted using the same methods 
specified in this subpart, and these methods must have been followed 
correctly.
    (2) The test must not be older than 2 years.
    (3) The test must be reviewed and accepted by the Administrator.
    (4) Either no process or equipment changes must have been made since 
the test was performed, or the owner or operator must be able to 
demonstrate that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process or 
equipment changes.

[75 FR 9676, Mar. 3, 2010, as amended at 75 FR 51589, Aug. 20, 2010]



Sec. 63.6615  When must I conduct subsequent performance tests?

    If you must comply with the emission limitations and operating 
limitations, you must conduct subsequent performance tests as specified 
in Table 3 of this subpart.



Sec. 63.6620  What performance tests and other procedures must I use?

    (a) You must conduct each performance test in Tables 3 and 4 of this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements that this subpart specifies in Table 4 to this subpart. If 
you own or operate a non-operational stationary RICE that is subject to 
performance testing, you do not need to start up the

[[Page 23]]

engine solely to conduct the performance test. Owners and operators of a 
non-operational engine can conduct the performance test when the engine 
is started up again.
    (c) [Reserved]
    (d) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 63.7(e)(3). Each 
test run must last at least 1 hour.
    (e)(1) You must use Equation 1 of this section to determine 
compliance with the percent reduction requirement:
[GRAPHIC] [TIFF OMITTED] TR15JN04.012

Where:

Ci = concentration of CO or formaldehyde at the control 
device inlet,
Co = concentration of CO or formaldehyde at the control 
device outlet, and
R = percent reduction of CO or formaldehyde emissions.

    (2) You must normalize the carbon monoxide (CO) or formaldehyde 
concentrations at the inlet and outlet of the control device to a dry 
basis and to 15 percent oxygen, or an equivalent percent carbon dioxide 
(CO2). If pollutant concentrations are to be corrected to 15 
percent oxygen and CO2 concentration is measured in lieu of 
oxygen concentration measurement, a CO2 correction factor is 
needed. Calculate the CO2 correction factor as described in 
paragraphs (e)(2)(i) through (iii) of this section.
    (i) Calculate the fuel-specific Fo value for the fuel 
burned during the test using values obtained from Method 19, section 
5.2, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR15JN04.013

Where:

Fo = Fuel factor based on the ratio of oxygen volume to the 
ultimate CO2 volume produced by the fuel at zero percent 
excess air.
0.209 = Fraction of air that is oxygen, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross 
calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ Btu).
Fc = Ratio of the volume of CO2 produced to the 
gross calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ 
Btu).

    (ii) Calculate the CO2 correction factor for correcting 
measurement data to 15 percent oxygen, as follows:
[GRAPHIC] [TIFF OMITTED] TR15JN04.014

Where:

Xco2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2-15 percent O2, the defined 
O2 correction value, percent.

    (iii) Calculate the NOX and SO2 gas 
concentrations adjusted to 15 percent O2 using CO2 
as follows:
[GRAPHIC] [TIFF OMITTED] TR15JN04.015

Where:

%CO2 = Measured CO2 concentration measured, dry 
basis, percent.

    (f) If you comply with the emission limitation to reduce CO and you 
are not using an oxidation catalyst, if you comply with the emission 
limitation to reduce formaldehyde and you are not using NSCR, or if you 
comply with the emission limitation to limit the concentration of 
formaldehyde in the stationary RICE exhaust and you are not using an 
oxidation catalyst or NSCR, you must petition the Administrator for 
operating limitations to be established during the initial performance 
test and continuously monitored thereafter; or for approval of no 
operating limitations. You must not conduct the initial performance test 
until after the petition has been approved by the Administrator.
    (g) If you petition the Administrator for approval of operating 
limitations, your petition must include the information described in 
paragraphs (g)(1) through (5) of this section.
    (1) Identification of the specific parameters you propose to use as 
operating limitations;
    (2) A discussion of the relationship between these parameters and 
HAP emissions, identifying how HAP emissions change with changes in 
these parameters, and how limitations on these parameters will serve to 
limit HAP emissions;
    (3) A discussion of how you will establish the upper and/or lower 
values

[[Page 24]]

for these parameters which will establish the limits on these parameters 
in the operating limitations;
    (4) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments; and
    (5) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (h) If you petition the Administrator for approval of no operating 
limitations, your petition must include the information described in 
paragraphs (h)(1) through (7) of this section.
    (1) Identification of the parameters associated with operation of 
the stationary RICE and any emission control device which could change 
intentionally (e.g., operator adjustment, automatic controller 
adjustment, etc.) or unintentionally (e.g., wear and tear, error, etc.) 
on a routine basis or over time;
    (2) A discussion of the relationship, if any, between changes in the 
parameters and changes in HAP emissions;
    (3) For the parameters which could change in such a way as to 
increase HAP emissions, a discussion of whether establishing limitations 
on the parameters would serve to limit HAP emissions;
    (4) For the parameters which could change in such a way as to 
increase HAP emissions, a discussion of how you could establish upper 
and/or lower values for the parameters which would establish limits on 
the parameters in operating limitations;
    (5) For the parameters, a discussion identifying the methods you 
could use to measure them and the instruments you could use to monitor 
them, as well as the relative accuracy and precision of the methods and 
instruments;
    (6) For the parameters, a discussion identifying the frequency and 
methods for recalibrating the instruments you could use to monitor them; 
and
    (7) A discussion of why, from your point of view, it is infeasible 
or unreasonable to adopt the parameters as operating limitations.
    (i) The engine percent load during a performance test must be 
determined by documenting the calculations, assumptions, and measurement 
devices used to measure or estimate the percent load in a specific 
application. A written report of the average percent load determination 
must be included in the notification of compliance status. The following 
information must be included in the written report: the engine model 
number, the engine manufacturer, the year of purchase, the 
manufacturer's site-rated brake horsepower, the ambient temperature, 
pressure, and humidity during the performance test, and all assumptions 
that were made to estimate or calculate percent load during the 
performance test must be clearly explained. If measurement devices such 
as flow meters, kilowatt meters, beta analyzers, stain gauges, etc. are 
used, the model number of the measurement device, and an estimate of its 
accurate in percentage of true value must be provided.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9676, Mar. 3, 2010]



Sec. 63.6625  What are my monitoring, installation, collection, operation, and 

maintenance requirements?

    (a) If you elect to install a CEMS as specified in Table 5 of this 
subpart, you must install, operate, and maintain a CEMS to monitor CO 
and either oxygen or CO2 at both the inlet and the outlet of 
the control device according to the requirements in paragraphs (a)(1) 
through (4) of this section.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable performance specifications of 40 CFR part 60, appendix 
B.
    (2) You must conduct an initial performance evaluation and an annual 
relative accuracy test audit (RATA) of each CEMS according to the 
requirements in Sec. 63.8 and according to the applicable performance 
specifications of 40 CFR part 60, appendix B as well as daily and 
periodic data quality checks in accordance with 40 CFR part 60, appendix 
F, procedure 1.
    (3) As specified in Sec. 63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. You must have at least 
two data points, with

[[Page 25]]

each representing a different 15-minute period, to have a valid hour of 
data.
    (4) The CEMS data must be reduced as specified in Sec. 63.8(g)(2) 
and recorded in parts per million or parts per billion (as appropriate 
for the applicable limitation) at 15 percent oxygen or the equivalent 
CO2 concentration.
    (b) If you are required to install a continuous parameter monitoring 
system (CPMS) as specified in Table 5 of this subpart, you must install, 
operate, and maintain each CPMS according to the requirements in 
paragraphs (b)(1) through (5) of this section. For an affected source 
that is complying with the emission limitations and operating 
limitations on March 9, 2011, the requirements in paragraph (b) of this 
section are applicable September 6, 2011.
    (1) You must prepare a site-specific monitoring plan that addresses 
the monitoring system design, data collection, and the quality assurance 
and quality control elements outlined in paragraphs (b)(1)(i) through 
(v) of this section and in Sec. 63.8(d). As specified in Sec. 
63.8(f)(4), you may request approval of monitoring system quality 
assurance and quality control procedures alternative to those specified 
in paragraphs (b)(1) through (5) of this section in your site-specific 
monitoring plan.
    (i) The performance criteria and design specifications for the 
monitoring system equipment, including the sample interface, detector 
signal analyzer, and data acquisition and calculations;
    (ii) Sampling interface (e.g., thermocouple) location such that the 
monitoring system will provide representative measurements;
    (iii) Equipment performance evaluations, system accuracy audits, or 
other audit procedures;
    (iv) Ongoing operation and maintenance procedures in accordance with 
provisions in Sec. 63.8(c)(1) and (c)(3); and
    (v) Ongoing reporting and recordkeeping procedures in accordance 
with provisions in Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (2) You must install, operate, and maintain each CPMS in continuous 
operation according to the procedures in your site-specific monitoring 
plan.
    (3) The CPMS must collect data at least once every 15 minutes (see 
also Sec. 63.6635).
    (4) For a CPMS for measuring temperature range, the temperature 
sensor must have a minimum tolerance of 2.8 degrees Celsius (5 degrees 
Fahrenheit) or 1 percent of the measurement range, whichever is larger.
    (5) You must conduct the CPMS equipment performance evaluation, 
system accuracy audits, or other audit procedures specified in your 
site-specific monitoring plan at least annually.
    (6) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (c) If you are operating a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must monitor and 
record your fuel usage daily with separate fuel meters to measure the 
volumetric flow rate of each fuel. In addition, you must operate your 
stationary RICE in a manner which reasonably minimizes HAP emissions.
    (d) If you are operating a new or reconstructed emergency 4SLB 
stationary RICE with a site rating of greater than or equal to 250 and 
less than or equal to 500 brake HP located at a major source of HAP 
emissions, you must install a non-resettable hour meter prior to the 
startup of the engine.
    (e) If you own or operate any of the following stationary RICE, you 
must operate and maintain the stationary RICE and after-treatment 
control device (if any) according to the manufacturer's emission-related 
written instructions or develop your own maintenance plan which must 
provide to the extent practicable for the maintenance and operation of 
the engine in a manner consistent with good air pollution control 
practice for minimizing emissions:
    (1) An existing stationary RICE with a site rating of less than 100 
HP located at a major source of HAP emissions;
    (2) An existing emergency or black start stationary RICE with a site 
rating of less than or equal to 500 HP located at a major source of HAP 
emissions;

[[Page 26]]

    (3) An existing emergency or black start stationary RICE located at 
an area source of HAP emissions;
    (4) An existing non-emergency, non-black start stationary CI RICE 
with a site rating less than or equal to 300 HP located at an area 
source of HAP emissions;
    (5) An existing non-emergency, non-black start 2SLB stationary RICE 
located at an area source of HAP emissions;
    (6) An existing non-emergency, non-black start landfill or digester 
gas stationary RICE located at an area source of HAP emissions;
    (7) An existing non-emergency, non-black start 4SLB stationary RICE 
with a site rating less than or equal to 500 HP located at an area 
source of HAP emissions;
    (8) An existing non-emergency, non-black start 4SRB stationary RICE 
with a site rating less than or equal to 500 HP located at an area 
source of HAP emissions;
    (9) An existing, non-emergency, non-black start 4SLB stationary RICE 
with a site rating greater than 500 HP located at an area source of HAP 
emissions that is operated 24 hours or less per calendar year; and
    (10) An existing, non-emergency, non-black start 4SRB stationary 
RICE with a site rating greater than 500 HP located at an area source of 
HAP emissions that is operated 24 hours or less per calendar year.
    (f) If you own or operate an existing emergency stationary RICE with 
a site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions or an existing emergency stationary RICE located 
at an area source of HAP emissions, you must install a non-resettable 
hour meter if one is not already installed.
    (g) If you own or operate an existing non-emergency, non-black start 
CI engine greater than or equal to 300 HP that is not equipped with a 
closed crankcase ventilation system, you must comply with either 
paragraph (g)(1) or paragraph (g)(2) of this section. Owners and 
operators must follow the manufacturer's specified maintenance 
requirements for operating and maintaining the open or closed crankcase 
ventilation systems and replacing the crankcase filters, or can request 
the Administrator to approve different maintenance requirements that are 
as protective as manufacturer requirements. Existing CI engines located 
at area sources in areas of Alaska not accessible by the FAHS do not 
have to meet the requirements of paragraph (g) of this section.
    (1) Install a closed crankcase ventilation system that prevents 
crankcase emissions from being emitted to the atmosphere, or
    (2) Install an open crankcase filtration emission control system 
that reduces emissions from the crankcase by filtering the exhaust 
stream to remove oil mist, particulates, and metals.
    (h) If you operate a new, reconstructed, or existing stationary 
engine, you must minimize the engine's time spent at idle during startup 
and minimize the engine's startup time to a period needed for 
appropriate and safe loading of the engine, not to exceed 30 minutes, 
after which time the emission standards applicable to all times other 
than startup in Tables 1a, 2a, 2c, and 2d to this subpart apply.
    (i) If you own or operate a stationary CI engine that is subject to 
the work, operation or management practices in items 1 or 2 of Table 2c 
to this subpart or in items 1 or 4 of Table 2d to this subpart, you have 
the option of utilizing an oil analysis program in order to extend the 
specified oil change requirement in Tables 2c and 2d to this subpart. 
The oil analysis must be performed at the same frequency specified for 
changing the oil in Table 2c or 2d to this subpart. The analysis program 
must at a minimum analyze the following three parameters: Total Base 
Number, viscosity, and percent water content. The condemning limits for 
these parameters are as follows: Total Base Number is less than 30 
percent of the Total Base Number of the oil when new; viscosity of the 
oil has changed by more than 20 percent from the viscosity of the oil 
when new; or percent water content (by volume) is greater than 0.5. If 
all of these condemning limits are not exceeded, the engine owner or 
operator is not required to change the oil. If any of the limits are 
exceeded, the engine owner or operator

[[Page 27]]

must change the oil within 2 days of receiving the results of the 
analysis; if the engine is not in operation when the results of the 
analysis are received, the engine owner or operator must change the oil 
within 2 days or before commencing operation, whichever is later. The 
owner or operator must keep records of the parameters that are analyzed 
as part of the program, the results of the analysis, and the oil changes 
for the engine. The analysis program must be part of the maintenance 
plan for the engine.
    (j) If you own or operate a stationary SI engine that is subject to 
the work, operation or management practices in items 6, 7, or 8 of Table 
2c to this subpart or in items 5, 6, 7, 9, or 11 of Table 2d to this 
subpart, you have the option of utilizing an oil analysis program in 
order to extend the specified oil change requirement in Tables 2c and 2d 
to this subpart. The oil analysis must be performed at the same 
frequency specified for changing the oil in Table 2c or 2d to this 
subpart. The analysis program must at a minimum analyze the following 
three parameters: Total Acid Number, viscosity, and percent water 
content. The condemning limits for these parameters are as follows: 
Total Acid Number increases by more than 3.0 milligrams of potassium 
hydroxide (KOH) per gram from Total Acid Number of the oil when new; 
viscosity of the oil has changed by more than 20 percent from the 
viscosity of the oil when new; or percent water content (by volume) is 
greater than 0.5. If all of these condemning limits are not exceeded, 
the engine owner or operator is not required to change the oil. If any 
of the limits are exceeded, the engine owner or operator must change the 
oil within 2 days of receiving the results of the analysis; if the 
engine is not in operation when the results of the analysis are 
received, the engine owner or operator must change the oil within 2 days 
or before commencing operation, whichever is later. The owner or 
operator must keep records of the parameters that are analyzed as part 
of the program, the results of the analysis, and the oil changes for the 
engine. The analysis program must be part of the maintenance plan for 
the engine.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3606, Jan. 18, 2008; 75 
FR 9676, Mar. 3, 2010; 75 FR 51589, Aug. 20, 2010; 76 FR 12866, Mar. 9, 
2011]



Sec. 63.6630  How do I demonstrate initial compliance with the emission 

limitations and operating limitations?

    (a) You must demonstrate initial compliance with each emission and 
operating limitation that applies to you according to Table 5 of this 
subpart.
    (b) During the initial performance test, you must establish each 
operating limitation in Tables 1b and 2b of this subpart that applies to 
you.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.6645.

                   Continuous Compliance Requirements



Sec. 63.6635  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) If you must comply with emission and operating limitations, you 
must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, required 
performance evaluations, and required quality assurance or control 
activities, you must monitor continuously at all times that the 
stationary RICE is operating. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring to 
provide valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels. You must, however, use all the valid data collected during all 
other periods.

[69 FR 33506, June 15, 2004, as amended at 76 FR 12867, Mar. 9, 2011]

[[Page 28]]



Sec. 63.6640  How do I demonstrate continuous compliance with the emission 

limitations and operating limitations?

    (a) You must demonstrate continuous compliance with each emission 
limitation and operating limitation in Tables 1a and 1b, Tables 2a and 
2b, Table 2c, and Table 2d to this subpart that apply to you according 
to methods specified in Table 6 to this subpart.
    (b) You must report each instance in which you did not meet each 
emission limitation or operating limitation in Tables 1a and 1b, Tables 
2a and 2b, Table 2c, and Table 2d to this subpart that apply to you. 
These instances are deviations from the emission and operating 
limitations in this subpart. These deviations must be reported according 
to the requirements in Sec. 63.6650. If you change your catalyst, you 
must reestablish the values of the operating parameters measured during 
the initial performance test. When you reestablish the values of your 
operating parameters, you must also conduct a performance test to 
demonstrate that you are meeting the required emission limitation 
applicable to your stationary RICE.
    (c) [Reserved]
    (d) For new, reconstructed, and rebuilt stationary RICE, deviations 
from the emission or operating limitations that occur during the first 
200 hours of operation from engine startup (engine burn-in period) are 
not violations. Rebuilt stationary RICE means a stationary RICE that has 
been rebuilt as that term is defined in 40 CFR 94.11(a).
    (e) You must also report each instance in which you did not meet the 
requirements in Table 8 to this subpart that apply to you. If you own or 
operate a new or reconstructed stationary RICE with a site rating of 
less than or equal to 500 brake HP located at a major source of HAP 
emissions (except new or reconstructed 4SLB engines greater than or 
equal to 250 and less than or equal to 500 brake HP), a new or 
reconstructed stationary RICE located at an area source of HAP 
emissions, or any of the following RICE with a site rating of more than 
500 brake HP located at a major source of HAP emissions, you do not need 
to comply with the requirements in Table 8 to this subpart: An existing 
2SLB stationary RICE, an existing 4SLB stationary RICE, an existing 
emergency stationary RICE, an existing limited use stationary RICE, or 
an existing stationary RICE which fires landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis. If you own or operate any of the following RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the requirements in Table 8 to 
this subpart, except for the initial notification requirements: a new or 
reconstructed stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, a new or reconstructed emergency stationary RICE, or a new or 
reconstructed limited use stationary RICE.
    (f) Requirements for emergency stationary RICE. (1) If you own or 
operate an existing emergency stationary RICE with a site rating of less 
than or equal to 500 brake HP located at a major source of HAP 
emissions, a new or reconstructed emergency stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions that was installed on or after June 12, 2006, or an existing 
emergency stationary RICE located at an area source of HAP emissions, 
you must operate the emergency stationary RICE according to the 
requirements in paragraphs (f)(1)(i) through (iii) of this section. Any 
operation other than emergency operation, maintenance and testing, and 
operation in non-emergency situations for 50 hours per year, as 
described in paragraphs (f)(1)(i) through (iii) of this section, is 
prohibited. If you do not operate the engine according to the 
requirements in paragraphs (f)(1)(i) through (iii) of this section, the 
engine will not be considered an emergency engine under this subpart and 
will need to meet all requirements for non-emergency engines.
    (i) There is no time limit on the use of emergency stationary RICE 
in emergency situations.
    (ii) You may operate your emergency stationary RICE for the purpose 
of

[[Page 29]]

maintenance checks and readiness testing, provided that the tests are 
recommended by Federal, State or local government, the manufacturer, the 
vendor, or the insurance company associated with the engine. Maintenance 
checks and readiness testing of such units is limited to 100 hours per 
year. The owner or operator may petition the Administrator for approval 
of additional hours to be used for maintenance checks and readiness 
testing, but a petition is not required if the owner or operator 
maintains records indicating that Federal, State, or local standards 
require maintenance and testing of emergency RICE beyond 100 hours per 
year.
    (iii) You may operate your emergency stationary RICE up to 50 hours 
per year in non-emergency situations, but those 50 hours are counted 
towards the 100 hours per year provided for maintenance and testing. The 
50 hours per year for non-emergency situations cannot be used for peak 
shaving or to generate income for a facility to supply power to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity; except that owners and operators may 
operate the emergency engine for a maximum of 15 hours per year as part 
of a demand response program if the regional transmission organization 
or equivalent balancing authority and transmission operator has 
determined there are emergency conditions that could lead to a potential 
electrical blackout, such as unusually low frequency, equipment 
overload, capacity or energy deficiency, or unacceptable voltage level. 
The engine may not be operated for more than 30 minutes prior to the 
time when the emergency condition is expected to occur, and the engine 
operation must be terminated immediately after the facility is notified 
that the emergency condition is no longer imminent. The 15 hours per 
year of demand response operation are counted as part of the 50 hours of 
operation per year provided for non-emergency situations. The supply of 
emergency power to another entity or entities pursuant to financial 
arrangement is not limited by this paragraph (f)(1)(iii), as long as the 
power provided by the financial arrangement is limited to emergency 
power.
    (2) If you own or operate an emergency stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions that was installed prior to June 12, 2006, you must operate 
the engine according to the conditions described in paragraphs (f)(2)(i) 
through (iii) of this section. If you do not operate the engine 
according to the requirements in paragraphs (f)(2)(i) through (iii) of 
this section, the engine will not be considered an emergency engine 
under this subpart and will need to meet all requirements for non-
emergency engines.
    (i) There is no time limit on the use of emergency stationary RICE 
in emergency situations.
    (ii) You may operate your emergency stationary RICE for the purpose 
of maintenance checks and readiness testing, provided that the tests are 
recommended by the manufacturer, the vendor, or the insurance company 
associated with the engine. Required testing of such units should be 
minimized, but there is no time limit on the use of emergency stationary 
RICE in emergency situations and for routine testing and maintenance.
    (iii) You may operate your emergency stationary RICE for an 
additional 50 hours per year in non-emergency situations. The 50 hours 
per year for non-emergency situations cannot be used for peak shaving or 
to generate income for a facility to supply power to an electric grid or 
otherwise supply power as part of a financial arrangement with another 
entity.

[69 FR 33506, June 15, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 
73 FR 3606, Jan. 18, 2008; 75 FR 9676, Mar. 3, 2010; 75 FR 51591, Aug. 
20, 2010]

                   Notifications, Reports, and Records



Sec. 63.6645  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g) and 
(h) that apply to you by the dates specified if you own or operate any 
of the following;
    (1) An existing stationary RICE with a site rating of less than or 
equal to 500

[[Page 30]]

brake HP located at a major source of HAP emissions.
    (2) An existing stationary RICE located at an area source of HAP 
emissions.
    (3) A stationary RICE with a site rating of more than 500 brake HP 
located at a major source of HAP emissions.
    (4) A new or reconstructed 4SLB stationary RICE with a site rating 
of greater than or equal to 250 HP located at a major source of HAP 
emissions.
    (5) This requirement does not apply if you own or operate an 
existing stationary RICE less than 100 HP, an existing stationary 
emergency RICE, or an existing stationary RICE that is not subject to 
any numerical emission standards.
    (b) As specified in Sec. 63.9(b)(2), if you start up your 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions before the effective date of this 
subpart, you must submit an Initial Notification not later than December 
13, 2004.
    (c) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions on or after August 16, 2004, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (d) As specified in Sec. 63.9(b)(2), if you start up your 
stationary RICE with a site rating of equal to or less than 500 brake HP 
located at a major source of HAP emissions before the effective date of 
this subpart and you are required to submit an initial notification, you 
must submit an Initial Notification not later than July 16, 2008.
    (e) If you start up your new or reconstructed stationary RICE with a 
site rating of equal to or less than 500 brake HP located at a major 
source of HAP emissions on or after March 18, 2008 and you are required 
to submit an initial notification, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (f) If you are required to submit an Initial Notification but are 
otherwise not affected by the requirements of this subpart, in 
accordance with Sec. 63.6590(b), your notification should include the 
information in Sec. 63.9(b)(2)(i) through (v), and a statement that 
your stationary RICE has no additional requirements and explain the 
basis of the exclusion (for example, that it operates exclusively as an 
emergency stationary RICE if it has a site rating of more than 500 brake 
HP located at a major source of HAP emissions).
    (g) If you are required to conduct a performance test, you must 
submit a Notification of Intent to conduct a performance test at least 
60 days before the performance test is scheduled to begin as required in 
Sec. 63.7(b)(1).
    (h) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Tables 4 and 5 to this 
subpart, you must submit a Notification of Compliance Status according 
to Sec. 63.9(h)(2)(ii).
    (1) For each initial compliance demonstration required in Table 5 to 
this subpart that does not include a performance test, you must submit 
the Notification of Compliance Status before the close of business on 
the 30th day following the completion of the initial compliance 
demonstration.
    (2) For each initial compliance demonstration required in Table 5 to 
this subpart that includes a performance test conducted according to the 
requirements in Table 3 to this subpart, you must submit the 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th day following the 
completion of the performance test according to Sec. 63.10(d)(2).

[73 FR 3606, Jan. 18, 2008, as amended at 75 FR 9677, Mar. 3, 2010; 75 
FR 51591, Aug. 20, 2010]



Sec. 63.6650  What reports must I submit and when?

    (a) You must submit each report in Table 7 of this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date in Table 7 of this subpart and according to the requirements 
in paragraphs (b)(1) through (b)(9) of this section.
    (1) For semiannual Compliance reports, the first Compliance report 
must

[[Page 31]]

cover the period beginning on the compliance date that is specified for 
your affected source in Sec. 63.6595 and ending on June 30 or December 
31, whichever date is the first date following the end of the first 
calendar half after the compliance date that is specified for your 
source in Sec. 63.6595.
    (2) For semiannual Compliance reports, the first Compliance report 
must be postmarked or delivered no later than July 31 or January 31, 
whichever date follows the end of the first calendar half after the 
compliance date that is specified for your affected source in Sec. 
63.6595.
    (3) For semiannual Compliance reports, each subsequent Compliance 
report must cover the semiannual reporting period from January 1 through 
June 30 or the semiannual reporting period from July 1 through December 
31.
    (4) For semiannual Compliance reports, each subsequent Compliance 
report must be postmarked or delivered no later than July 31 or January 
31, whichever date is the first date following the end of the semiannual 
reporting period.
    (5) For each stationary RICE that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6 (a)(3)(iii)(A), you 
may submit the first and subsequent Compliance reports according to the 
dates the permitting authority has established instead of according to 
the dates in paragraphs (b)(1) through (b)(4) of this section.
    (6) For annual Compliance reports, the first Compliance report must 
cover the period beginning on the compliance date that is specified for 
your affected source in Sec. 63.6595 and ending on December 31.
    (7) For annual Compliance reports, the first Compliance report must 
be postmarked or delivered no later than January 31 following the end of 
the first calendar year after the compliance date that is specified for 
your affected source in Sec. 63.6595.
    (8) For annual Compliance reports, each subsequent Compliance report 
must cover the annual reporting period from January 1 through December 
31.
    (9) For annual Compliance reports, each subsequent Compliance report 
must be postmarked or delivered no later than January 31.
    (c) The Compliance report must contain the information in paragraphs 
(c)(1) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction which occurred during the 
reporting period and which caused or may have caused any applicable 
emission limitation to be exceeded. 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. 63.6605(b), including actions taken to correct a malfunction.
    (5) If there are no deviations from any emission or operating 
limitations that apply to you, a statement that there were no deviations 
from the emission or operating limitations during the reporting period.
    (6) If there were no periods during which the continuous monitoring 
system (CMS), including CEMS and CPMS, was out-of-control, as specified 
in Sec. 63.8(c)(7), a statement that there were no periods during which 
the CMS was out-of-control during the reporting period.
    (d) For each deviation from an emission or operating limitation that 
occurs for a stationary RICE where you are not using a CMS to comply 
with the emission or operating limitations in this subpart, the 
Compliance report must contain the information in paragraphs (c)(1) 
through (4) of this section and the information in paragraphs (d)(1) and 
(2) of this section.
    (1) The total operating time of the stationary RICE at which the 
deviation occurred during the reporting period.

[[Page 32]]

    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission or operating limitation 
occurring for a stationary RICE where you are using a CMS to comply with 
the emission and operating limitations in this subpart, you must include 
information in paragraphs (c)(1) through (4) and (e)(1) through (12) of 
this section.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or during 
another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total operating time of the stationary RICE at which the CMS 
downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant (CO or 
formaldehyde) that was monitored at the stationary RICE.
    (9) A brief description of the stationary RICE.
    (10) A brief description of the CMS.
    (11) The date of the latest CMS certification or audit.
    (12) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (f) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected 
source submits a Compliance report pursuant to Table 7 of this subpart 
along with, or as part of, the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the 
Compliance report includes all required information concerning 
deviations from any emission or operating limitation in this subpart, 
submission of the Compliance report shall be deemed to satisfy any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a Compliance report shall not otherwise 
affect any obligation the affected source may have to report deviations 
from permit requirements to the permit authority.
    (g) If you are operating as a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must submit an 
annual report according to Table 7 of this subpart by the date specified 
unless the Administrator has approved a different schedule, according to 
the information described in paragraphs (b)(1) through (b)(5) of this 
section. You must report the data specified in (g)(1) through (g)(3) of 
this section.
    (1) Fuel flow rate of each fuel and the heating values that were 
used in your calculations. You must also demonstrate that the percentage 
of heat input provided by landfill gas or digester gas is equivalent to 
10 percent or more of the total fuel consumption on an annual basis.
    (2) The operating limits provided in your federally enforceable 
permit, and any deviations from these limits.
    (3) Any problems or errors suspected with the meters.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9677, Mar. 3, 2010]



Sec. 63.6655  What records must I keep?

    (a) If you must comply with the emission and operating limitations, 
you must keep the records described in paragraphs (a)(1) through (a)(5), 
(b)(1) through (b)(3) and (c) of this section.

[[Page 33]]

    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirement in Sec. 63.10(b)(2)(xiv).
    (2) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (3) Records of performance tests and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (4) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (5) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 63.6605(b), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (b) For each CEMS or CPMS, you must keep the records listed in 
paragraphs (b)(1) through (3) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (3) Requests for alternatives to the relative accuracy test for CEMS 
or CPMS as required in Sec. 63.8(f)(6)(i), if applicable.
    (c) If you are operating a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must keep the 
records of your daily fuel usage monitors.
    (d) You must keep the records required in Table 6 of this subpart to 
show continuous compliance with each emission or operating limitation 
that applies to you.
    (e) You must keep records of the maintenance conducted on the 
stationary RICE in order to demonstrate that you operated and maintained 
the stationary RICE and after-treatment control device (if any) 
according to your own maintenance plan if you own or operate any of the 
following stationary RICE;
    (1) An existing stationary RICE with a site rating of less than 100 
brake HP located at a major source of HAP emissions.
    (2) An existing stationary emergency RICE.
    (3) An existing stationary RICE located at an area source of HAP 
emissions subject to management practices as shown in Table 2d to this 
subpart.
    (f) If you own or operate any of the stationary RICE in paragraphs 
(f)(1) or (2) of this section, you must keep records of the hours of 
operation of the engine that is recorded through the non-resettable hour 
meter. The owner or operator must document how many hours are spent for 
emergency operation, including what classified the operation as 
emergency and how many hours are spent for non-emergency operation. If 
the engines are used for demand response operation, the owner or 
operator must keep records of the notification of the emergency 
situation, and the time the engine was operated as part of demand 
response.
    (1) An existing emergency stationary RICE with a site rating of less 
than or equal to 500 brake HP located at a major source of HAP emissions 
that does not meet the standards applicable to non-emergency engines.
    (2) An existing emergency stationary RICE located at an area source 
of HAP emissions that does not meet the standards applicable to non-
emergency engines.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9678, Mar. 3, 2010; 75 
FR 51592, Aug. 20, 2010]



Sec. 63.6660  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record readily accessible in hard copy or 
electronic form for at least 5 years after the date of each occurrence, 
measurement, maintenance, corrective action,

[[Page 34]]

report, or record, according to Sec. 63.10(b)(1).

[69 FR 33506, June 15, 2004, as amended at 75 FR 9678, Mar. 3, 2010]

                   Other Requirements and Information



Sec. 63.6665  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you. If you own or operate a 
new or reconstructed stationary RICE with a site rating of less than or 
equal to 500 brake HP located at a major source of HAP emissions (except 
new or reconstructed 4SLB engines greater than or equal to 250 and less 
than or equal to 500 brake HP), a new or reconstructed stationary RICE 
located at an area source of HAP emissions, or any of the following RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, you do not need to comply with any of the requirements 
of the General Provisions specified in Table 8: An existing 2SLB 
stationary RICE, an existing 4SLB stationary RICE, an existing 
stationary RICE that combusts landfill or digester gas equivalent to 10 
percent or more of the gross heat input on an annual basis, an existing 
emergency stationary RICE, or an existing limited use stationary RICE. 
If you own or operate any of the following RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions, you 
do not need to comply with the requirements in the General Provisions 
specified in Table 8 except for the initial notification requirements: A 
new stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, a new emergency stationary RICE, or a new limited use stationary 
RICE.

[75 FR 9678, Mar. 3, 2010]



Sec. 63.6670  Who implements and enforces this subpart?

    (a) This subpart is implemented and enforced by the U.S. EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
U.S. EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency (as well as the U.S. EPA) has the 
authority to implement and enforce this subpart. You should contact your 
U.S. EPA Regional Office to find out whether this subpart is delegated 
to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are:
    (1) Approval of alternatives to the non-opacity emission limitations 
and operating limitations in Sec. 63.6600 under Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.
    (5) Approval of a performance test which was conducted prior to the 
effective date of the rule, as specified in Sec. 63.6610(b).



Sec. 63.6675  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA); 
in 40 CFR 63.2, the General Provisions of this part; and in this section 
as follows:
    Area source means any stationary source of HAP that is not a major 
source as defined in part 63.
    Associated equipment as used in this subpart and as referred to in 
section 112(n)(4) of the CAA, means equipment associated with an oil or 
natural gas exploration or production well, and includes all equipment 
from the well bore to the point of custody transfer, except glycol 
dehydration units, storage vessels with potential for flash emissions, 
combustion turbines, and stationary RICE.

[[Page 35]]

    Black start engine means an engine whose only purpose is to start up 
a combustion turbine.
    CAA means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Public Law 101-549, 104 Stat. 2399).
    Commercial emergency stationary RICE means an emergency stationary 
RICE used in commercial establishments such as office buildings, hotels, 
stores, telecommunications facilities, restaurants, financial 
institutions such as banks, doctor's offices, and sports and performing 
arts facilities.
    Compression ignition means relating to a type of stationary internal 
combustion engine that is not a spark ignition engine.
    Custody transfer means the transfer of hydrocarbon liquids or 
natural gas: After processing and/or treatment in the producing 
operations, or from storage vessels or automatic transfer facilities or 
other such equipment, including product loading racks, to pipelines or 
any other forms of transportation. For the purposes of this subpart, the 
point at which such liquids or natural gas enters a natural gas 
processing plant is a point of custody transfer.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation or 
operating limitation;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation or operating limitation in 
this subpart during malfunction, regardless or whether or not such 
failure is permitted by this subpart.
    (4) Fails to satisfy the general duty to minimize emissions 
established by Sec. 63.6(e)(1)(i).
    Diesel engine means any stationary RICE in which a high boiling 
point liquid fuel injected into the combustion chamber ignites when the 
air charge has been compressed to a temperature sufficiently high for 
auto-ignition. This process is also known as compression ignition.
    Diesel fuel means any liquid obtained from the distillation of 
petroleum with a boiling point of approximately 150 to 360 degrees 
Celsius. One commonly used form is fuel oil number 2. Diesel fuel also 
includes any non-distillate fuel with comparable physical and chemical 
properties (e.g. biodiesel) that is suitable for use in compression 
ignition engines.
    Digester gas means any gaseous by-product of wastewater treatment 
typically formed through the anaerobic decomposition of organic waste 
materials and composed principally of methane and CO2.
    Dual-fuel engine means any stationary RICE in which a liquid fuel 
(typically diesel fuel) is used for compression ignition and gaseous 
fuel (typically natural gas) is used as the primary fuel.
    Emergency stationary RICE means any stationary internal combustion 
engine whose operation is limited to emergency situations and required 
testing and maintenance. Examples include stationary RICE used to 
produce power for critical networks or equipment (including power 
supplied to portions of a facility) when electric power from the local 
utility (or the normal power source, if the facility runs on its own 
power production) is interrupted, or stationary RICE used to pump water 
in the case of fire or flood, etc. Stationary RICE used for peak shaving 
are not considered emergency stationary RICE. Stationary RICE used to 
supply power to an electric grid or that supply non-emergency power as 
part of a financial arrangement with another entity are not considered 
to be emergency engines, except as permitted under Sec. 63.6640(f). All 
emergency stationary RICE must comply with the requirements specified in 
Sec. 63.6640(f) in order to be considered emergency stationary RICE. If 
the engine does not comply with the requirements specified in Sec. 
63.6640(f), then it is not considered to be an emergency stationary RICE 
under this subpart.
    Engine startup means the time from initial start until applied load 
and engine and associated equipment reaches

[[Page 36]]

steady state or normal operation. For stationary engine with catalytic 
controls, engine startup means the time from initial start until applied 
load and engine and associated equipment, including the catalyst, 
reaches steady state or normal operation.
    Four-stroke engine means any type of engine which completes the 
power cycle in two crankshaft revolutions, with intake and compression 
strokes in the first revolution and power and exhaust strokes in the 
second revolution.
    Gaseous fuel means a material used for combustion which is in the 
gaseous state at standard atmospheric temperature and pressure 
conditions.
    Gasoline means any fuel sold in any State for use in motor vehicles 
and motor vehicle engines, or nonroad or stationary engines, and 
commonly or commercially known or sold as gasoline.
    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.
    Hazardous air pollutants (HAP) means any air pollutants listed in or 
pursuant to section 112(b) of the CAA.
    Institutional emergency stationary RICE means an emergency 
stationary RICE used in institutional establishments such as medical 
centers, nursing homes, research centers, institutions of higher 
education, correctional facilities, elementary and secondary schools, 
libraries, religious establishments, police stations, and fire stations.
    ISO standard day conditions means 288 degrees Kelvin (15 degrees 
Celsius), 60 percent relative humidity and 101.3 kilopascals pressure.
    Landfill gas means a gaseous by-product of the land application of 
municipal refuse typically formed through the anaerobic decomposition of 
waste materials and composed principally of methane and CO2.
    Lean burn engine means any two-stroke or four-stroke spark ignited 
engine that does not meet the definition of a rich burn engine.
    Limited use stationary RICE means any stationary RICE that operates 
less than 100 hours per year.
    Liquefied petroleum gas means any liquefied hydrocarbon gas obtained 
as a by-product in petroleum refining of natural gas production.
    Liquid fuel means any fuel in liquid form at standard temperature 
and pressure, including but not limited to diesel, residual/crude oil, 
kerosene/naphtha (jet fuel), and gasoline.
    Major Source, as used in this subpart, shall have the same meaning 
as in Sec. 63.2, except that:
    (1) Emissions from any oil or gas exploration or production well 
(with its associated equipment (as defined in this section)) and 
emissions from any pipeline compressor station or pump station shall not 
be aggregated with emissions from other similar units, to determine 
whether such emission points or stations are major sources, even when 
emission points are in a contiguous area or under common control;
    (2) For oil and gas production facilities, emissions from processes, 
operations, or equipment that are not part of the same oil and gas 
production facility, as defined in Sec. 63.1271 of subpart HHH of this 
part, shall not be aggregated;
    (3) For production field facilities, only HAP emissions from glycol 
dehydration units, storage vessel with the potential for flash 
emissions, combustion turbines and reciprocating internal combustion 
engines shall be aggregated for a major source determination; and
    (4) Emissions from processes, operations, and equipment that are not 
part of the same natural gas transmission and storage facility, as 
defined in Sec. 63.1271 of subpart HHH of this part, shall not be 
aggregated.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner which 
causes, or has the potential to

[[Page 37]]

cause, the emission limitations in an applicable standard to be 
exceeded. Failures that are caused in part by poor maintenance or 
careless operation are not malfunctions.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
non-hydrocarbon gases found in geologic formations beneath the Earth's 
surface, of which the principal constituent is methane. Natural gas may 
be field or pipeline quality.
    Non-selective catalytic reduction (NSCR) means an add-on catalytic 
nitrogen oxides (NOX) control device for rich burn engines 
that, in a two-step reaction, promotes the conversion of excess oxygen, 
NOX, CO, and volatile organic compounds (VOC) into 
CO2, nitrogen, and water.
    Oil and gas production facility as used in this subpart means any 
grouping of equipment where hydrocarbon liquids are processed, upgraded 
(i.e., remove impurities or other constituents to meet contract 
specifications), or stored prior to the point of custody transfer; or 
where natural gas is processed, upgraded, or stored prior to entering 
the natural gas transmission and storage source category. For purposes 
of a major source determination, facility (including a building, 
structure, or installation) means oil and natural gas production and 
processing equipment that is located within the boundaries of an 
individual surface site as defined in this section. Equipment that is 
part of a facility will typically be located within close proximity to 
other equipment located at the same facility. Pieces of production 
equipment or groupings of equipment located on different oil and gas 
leases, mineral fee tracts, lease tracts, subsurface or surface unit 
areas, surface fee tracts, surface lease tracts, or separate surface 
sites, whether or not connected by a road, waterway, power line or 
pipeline, shall not be considered part of the same facility. Examples of 
facilities in the oil and natural gas production source category 
include, but are not limited to, well sites, satellite tank batteries, 
central tank batteries, a compressor station that transports natural gas 
to a natural gas processing plant, and natural gas processing plants.
    Oxidation catalyst means an add-on catalytic control device that 
controls CO and VOC by oxidation.
    Peaking unit or engine means any standby engine intended for use 
during periods of high demand that are not emergencies.
    Percent load means the fractional power of an engine compared to its 
maximum manufacturer's design capacity at engine site conditions. 
Percent load may range between 0 percent to above 100 percent.
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable. For oil and natural gas production facilities 
subject to subpart HH of this part, the potential to emit provisions in 
Sec. 63.760(a) may be used. For natural gas transmission and storage 
facilities subject to subpart HHH of this part, the maximum annual 
facility gas throughput for storage facilities may be determined 
according to Sec. 63.1270(a)(1) and the maximum annual throughput for 
transmission facilities may be determined according to Sec. 
63.1270(a)(2).
    Production field facility means those oil and gas production 
facilities located prior to the point of custody transfer.
    Production well means any hole drilled in the earth from which crude 
oil, condensate, or field natural gas is extracted.
    Propane means a colorless gas derived from petroleum and natural 
gas, with the molecular structure C3H8.
    Residential emergency stationary RICE means an emergency stationary 
RICE used in residential establishments such as homes or apartment 
buildings.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Rich burn engine means any four-stroke spark ignited engine where 
the

[[Page 38]]

manufacturer's recommended operating air/fuel ratio divided by the 
stoichiometric air/fuel ratio at full load conditions is less than or 
equal to 1.1. Engines originally manufactured as rich burn engines, but 
modified prior to December 19, 2002 with passive emission control 
technology for NOX (such as pre-combustion chambers) will be 
considered lean burn engines. Also, existing engines where there are no 
manufacturer's recommendations regarding air/fuel ratio will be 
considered a rich burn engine if the excess oxygen content of the 
exhaust at full load conditions is less than or equal to 2 percent.
    Site-rated HP means the maximum manufacturer's design capacity at 
engine site conditions.
    Spark ignition means relating to either: A gasoline-fueled engine; 
or any other type of engine with a spark plug (or other sparking device) 
and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark ignition engines usually use a 
throttle to regulate intake air flow to control power during normal 
operation. Dual-fuel engines in which a liquid fuel (typically diesel 
fuel) is used for CI and gaseous fuel (typically natural gas) is used as 
the primary fuel at an annual average ratio of less than 2 parts diesel 
fuel to 100 parts total fuel on an energy equivalent basis are spark 
ignition engines.
    Stationary reciprocating internal combustion engine (RICE) means any 
reciprocating internal combustion engine which uses reciprocating motion 
to convert heat energy into mechanical work and which is not mobile. 
Stationary RICE differ from mobile RICE in that a stationary RICE is not 
a non-road engine as defined at 40 CFR 1068.30, and is not used to 
propel a motor vehicle or a vehicle used solely for competition.
    Stationary RICE test cell/stand means an engine test cell/stand, as 
defined in subpart PPPPP of this part, that tests stationary RICE.
    Stoichiometric means the theoretical air-to-fuel ratio required for 
complete combustion.
    Storage vessel with the potential for flash emissions means any 
storage vessel that contains a hydrocarbon liquid with a stock tank gas-
to-oil ratio equal to or greater than 0.31 cubic meters per liter and an 
American Petroleum Institute gravity equal to or greater than 40 degrees 
and an actual annual average hydrocarbon liquid throughput equal to or 
greater than 79,500 liters per day. Flash emissions occur when dissolved 
hydrocarbons in the fluid evolve from solution when the fluid pressure 
is reduced.
    Subpart means 40 CFR part 63, subpart ZZZZ.
    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.
    Two-stroke engine means a type of engine which completes the power 
cycle in single crankshaft revolution by combining the intake and 
compression operations into one stroke and the power and exhaust 
operations into a second stroke. This system requires auxiliary 
scavenging and inherently runs lean of stoichiometric.

[69 FR 33506, June 15, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 
73 FR 3607, Jan. 18, 2008; 75 FR 9679, Mar. 3, 2010; 75 FR 51592, Aug. 
20, 2010; 76 FR 12867, Mar. 9, 2011]



   Sec. Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for 

 Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 

       500 HP Located at a Major Source of HAP Emissions

    As stated in Sec. Sec. 63.6600 and 63.6640, you must comply with 
the following emission limitations at 100 percent load plus or minus 10 
percent for existing, new and reconstructed 4SRB stationary RICE 
500 HP located at a major source of HAP emissions:

[[Page 39]]



------------------------------------------------------------------------
                                You must meet the
                               following emission     During periods of
       For each . . .          limitation, except   startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE.....  a. Reduce             Minimize the
                               formaldehyde          engine's time spent
                               emissions by 76       at idle and
                               percent or more. If   minimize the
                               you commenced         engine's startup
                               construction or       time at startup to
                               reconstruction        a period needed for
                               between December      appropriate and
                               19, 2002 and June     safe loading of the
                               15, 2004, you may     engine, not to
                               reduce formaldehyde   exceed 30 minutes,
                               emissions by 75       after which time
                               percent or more       the non-startup
                               until June 15, 2007   emission
                               or.                   limitations
                                                     apply.\1\
                              b. Limit the
                               concentration of
                               formaldehyde in the
                               stationary RICE
                               exhaust to 350
                               ppbvd or less at 15
                               percent O2.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.6(g) for alternative work practices.


[75 FR 9679, Mar. 3, 2010, as amended at 75 FR 51592, Aug. 20, 2010]



  Sec. Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for 

  Existing, New, and Reconstructed Spark Ignition 4SRB Stationary RICE 

    500 HP Located at a Major Source of HAP Emissions and 

 Existing Spark Ignition 4SRB Stationary RICE 500 HP Located 

                   at an Area Source of HAP Emissions

    As stated in Sec. Sec. 63.6600, 63.6603, 63.6630 and 63.6640, you 
must comply with the following operating limitations for existing, new 
and reconstructed 4SRB stationary RICE 500 HP located at a 
major source of HAP emissions and existing 4SRB stationary RICE 
500 HP located at an area source of HAP emissions that 
operate more than 24 hours per calendar year:

------------------------------------------------------------------------
                                             You must meet the following
              For each . . .                 operating limitation . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with the  a. Maintain your catalyst so
 requirement to reduce formaldehyde          that the pressure drop
 emissions by 76 percent or more (or by 75   across the catalyst does
 percent or more, if applicable) and using   not change by more than 2
 NSCR; or                                    inches of water at 100
4SRB stationary RICE complying with the      percent load plus or minus
 requirement to limit the concentration of   10 percent from the
 formaldehyde in the stationary RICE         pressure drop across the
 exhaust to 350 ppbvd or less at 15          catalyst measured during
 percent O2 and using NSCR; or               the initial performance
4SRB stationary RICE complying with the      test; and
 requirement to limit the concentration of  b. Maintain the temperature
 formaldehyde in the stationary RICE         of your stationary RICE
 exhaust to 2.7 ppmvd or less at 15          exhaust so that the
 percent O2 and using NSCR.                  catalyst inlet temperature
                                             is greater than or equal to
                                             750 [deg]F and less than or
                                             equal to 1250 [deg]F.
2. 4SRB stationary RICE complying with the  Comply with any operating
 requirement to reduce formaldehyde          limitations approved by the
 emissions by 76 percent or more (or by 75   Administrator.
 percent or more, if applicable) and not
 using NSCR; or
4SRB stationary RICE complying with the
 requirement to limit the concentration of
 formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR; or
4SRB stationary RICE complying with the
 requirement to limit the concentration of
 formaldehyde in the stationary RICE
 exhaust to 2.7 ppmvd or less at 15
 percent O2 and not using NSCR.
------------------------------------------------------------------------


[76 FR 12867, Mar. 9, 2011]



 Sec. Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New 

    and Reconstructed 2SLB and Compression Ignition Stationary RICE 

    500 HP and New and Reconstructed 4SLB Stationary RICE 

      =250 HP Located at a Major Source of HAP Emissions

    As stated in Sec. Sec. 63.6600 and 63.6640, you must comply with 
the following emission limitations for new and reconstructed lean burn 
and new and reconstructed compression ignition stationary RICE at 100 
percent load plus or minus 10 percent:

[[Page 40]]



------------------------------------------------------------------------
                                You must meet the
                               following emission     During periods of
       For each . . .          limitation, except   startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. 2SLB stationary RICE.....  a. Reduce CO          Minimize the
                               emissions by 58       engine's time spent
                               percent or more; or   at idle and
                              b. Limit               minimize the
                               concentration of      engine's startup
                               formaldehyde in the   time at startup to
                               stationary RICE       a period needed for
                               exhaust to 12 ppmvd   appropriate and
                               or less at 15         safe loading of the
                               percent O2. If you    engine, not to
                               commenced             exceed 30 minutes,
                               construction or       after which time
                               reconstruction        the non-startup
                               between December      emission
                               19, 2002 and June     limitations
                               15, 2004, you may     apply.\1\
                               limit concentration
                               of formaldehyde to
                               17 ppmvd or less at
                               15 percent O2 until
                               June 15, 2007.
2. 4SLB stationary RICE.....  a. Reduce CO
                               emissions by 93
                               percent or more; or
                              b. Limit
                               concentration of
                               formaldehyde in the
                               stationary RICE
                               exhaust to 14 ppmvd
                               or less at 15
                               percent O2.
3. CI stationary RICE.......  a. Reduce CO
                               emissions by 70
                               percent or more; or
                              b. Limit
                               concentration of
                               formaldehyde in the
                               stationary RICE
                               exhaust to 580
                               ppbvd or less at 15
                               percent O2.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.6(g) for alternative work practices.


[75 FR 9680, Mar. 3, 2010]



Sec. Table 2b to Subpart ZZZZ of Part 63-- Operating Limitations for New 

    and Reconstructed 2SLB and Compression Ignition Stationary RICE 

 500 HP Located at a Major Source of HAP Emissions, New and 

Reconstructed 4SLB Stationary RICE =250 HP Located at a Major 

 Source of HAP Emissions, Existing Compression Ignition Stationary RICE 

 500 HP, and Existing 4SLB Stationary RICE 500 HP 

               Located at an Area Source of HAP Emissions

    As stated in Sec. Sec. 63.6600, 63.6601, 63.6603, 63.6630, and 
63.6640, you must comply with the following operating limitations for 
new and reconstructed 2SLB and compression ignition stationary RICE 
located at a major source of HAP emissions; new and reconstructed 4SLB 
stationary RICE =250 HP located at a major source of HAP 
emissions; existing compression ignition stationary RICE 500 
HP; and existing 4SLB stationary RICE 500 HP located at an 
area source of HAP emissions that operate more than 24 hours per 
calendar year:

------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                 operating limitation . . .
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary RICE and CI  a. maintain your catalyst so
 stationary RICE complying with the       that the pressure drop across
 requirement to reduce CO emissions and   the catalyst does not change
 using an oxidation catalyst; or 2SLB     by more than 2 inches of water
 and 4SLB stationary RICE and CI          at 100 percent load plus or
 stationary RICE complying with the       minus 10 percent from the
 requirement to limit the concentration   pressure drop across the
 of formaldehyde in the stationary RICE   catalyst that was measured
 exhaust and using an oxidation           during the initial performance
 catalyst; or 4SLB stationary RICE and    test; and
 CI stationary RICE complying with the   b. maintain the temperature of
 requirement to limit the concentration   your stationary RICE exhaust
 of CO in the stationary RICE exhaust     so that the catalyst inlet
 and using an oxidation catalyst.         temperature is greater than or
                                          equal to 450 [deg]F and less
                                          than or equal to 1350
                                          [deg]F.\1\
2. 2SLB and 4SLB stationary RICE and CI  Comply with any operating
 stationary RICE complying with the       limitations approved by the
 requirement to reduce CO emissions and   Administrator.
 not using an oxidation catalyst; or
 2SLB and 4SLB stationary RICE and CI
 stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst; or 4SLB stationary RICE and
 CI stationary RICE complying with the
 requirement to limit the concentration
 of CO in the stationary RICE exhaust
 and not using an oxidation catalyst.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.8(g) for a different temperature range.


[75 FR 51593, Aug. 20, 2010, as amended at 76 FR 12867, Mar. 9, 2011]

[[Page 41]]



  Sec. Table 2c to Subpart ZZZZ of Part 63--Requirements for Existing 

 Compression Ignition Stationary RICE Located at a Major Source of HAP 

Emissions and Existing Spark Ignition Stationary RICE <= 500 HP Located 

                   at a Major Source of HAP Emissions

    As stated in Sec. Sec. 63.6600, 63.6602, and 63.6640, you must 
comply with the following requirements for existing compression ignition 
stationary RICE located at a major source of HAP emissions and existing 
spark ignition stationary RICE <= 500 HP located at a major source of 
HAP emissions:

------------------------------------------------------------------------
                                You must meet the
                                    following         During periods of
       For each . . .          requirement, except  startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. Emergency stationary CI    a. Change oil and     Minimize the
 RICE and black start          filter every 500      engine's time spent
 stationary CI RICE. \1\       hours of operation    at idle and
                               or annually,          minimize the
                               whichever comes       engine's startup
                               first; \2\            time at startup to
                              b. Inspect air         a period needed for
                               cleaner every 1,000   appropriate and
                               hours of operation    safe loading of the
                               or annually,          engine, not to
                               whichever comes       exceed 30 minutes,
                               first;.               after which time
                              c. Inspect all hoses   the non-startup
                               and belts every 500   emission
                               hours of operation    limitations
                               or annually,          apply.\3\
                               whichever comes
                               first, and replace
                               as necessary.\3\.
2. Non-Emergency, non-black   a. Change oil and
 start stationary CI RICE <    filter every 1,000
 100 HP.                       hours of operation
                               or annually,
                               whichever comes
                               first; \2\
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.\3\
3. Non-Emergency, non-black   Limit concentration
 start CI stationary RICE      of CO in the
 100 <= HP <= 300 HP.          stationary RICE
                               exhaust to 230
                               ppmvd or less at 15
                               percent O2.
4. Non-Emergency, non-black   a. Limit
 start CI stationary RICE      concentration of CO
 300 < HP <= 500.              in the stationary
                               RICE exhaust to 49
                               ppmvd or less at 15
                               percent O2; or
                              b. Reduce CO
                               emissions by 70
                               percent or more.
5. Non-Emergency, non-black   a. Limit
 start stationary CI RICE      concentration of CO
 500 HP.            in the stationary
                               RICE exhaust to 23
                               ppmvd or less at 15
                               percent O2; or
                              b. Reduce CO
                               emissions by 70
                               percent or more.
6. Emergency stationary SI    a. Change oil and
 RICE and black start          filter every 500
 stationary SI RICE.\1\        hours of operation
                               or annually,
                               whichever comes
                               first; \2\
                              b. Inspect spark
                               plugs every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.\3\
7. Non-Emergency, non-black   a. Change oil and
 start stationary SI RICE <    filter every 1,440
 100 HP that are not 2SLB      hours of operation
 stationary RICE.              or annually,
                               whichever comes
                               first; \2\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.\3\
8. Non-Emergency, non-black   a. Change oil and
 start 2SLB stationary SI      filter every 4,320
 RICE < 100 HP.                hours of operation
                               or annually,
                               whichever comes
                               first; \2\
                              b. Inspect spark
                               plugs every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first;

[[Page 42]]

 
                              c. Inspect all hoses
                               and belts every
                               4,320 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.\3\
9. Non-emergency, non-black   Limit concentration
 start 2SLB stationary RICE    of CO in the
 100 <= HP <= 500.             stationary RICE
                               exhaust to 225
                               ppmvd or less at 15
                               percent O2.
10. Non-emergency, non-black  Limit concentration
 start 4SLB stationary RICE    of CO in the
 100 <= HP <= 500.             stationary RICE
                               exhaust to 47 ppmvd
                               or less at 15
                               percent O2.
11. Non-emergency, non-black  Limit concentration
 start 4SRB stationary RICE    of formaldehyde in
 100 <= HP <= 500.             the stationary RICE
                               exhaust to 10.3
                               ppmvd or less at 15
                               percent O2.
12. Non-emergency, non-black  Limit concentration
 start landfill or digester    of CO in the
 gas-fired stationary RICE     stationary RICE
 100 <= HP <= 500.             exhaust to 177
                               ppmvd or less at 15
                               percent O2.
------------------------------------------------------------------------
\1\ If an emergency engine is operating during an emergency and it is
  not possible to shut down the engine in order to perform the work
  practice requirements on the schedule required in Table 2c of this
  subpart, or if performing the work practice on the required schedule
  would otherwise pose an unacceptable risk under Federal, State, or
  local law, the work practice can be delayed until the emergency is
  over or the unacceptable risk under Federal, State, or local law has
  abated. The work practice should be performed as soon as practicable
  after the emergency has ended or the unacceptable risk under Federal,
  State, or local law has abated. Sources must report any failure to
  perform the work practice on the schedule required and the Federal,
  State or local law under which the risk was deemed unacceptable.
\2\ Sources have the option to utilize an oil analysis program as
  described in Sec.  63.6625(i) in order to extend the specified oil
  change requirement in Table 2c of this subpart.
\3\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.6(g) for alternative work practices.


[75 FR 51593, Aug. 20, 2010]



  Sec. Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing 

        Stationary RICE Located at Area Sources of HAP Emissions

    As stated in Sec. Sec. 63.6603 and 63.6640, you must comply with 
the following requirements for existing stationary RICE located at area 
sources of HAP emissions:

------------------------------------------------------------------------
                                You must meet the
                                    following         During periods of
       For each . . .         requirement,  except  startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. Non-Emergency, non-black   a. Change oil and     Minimize the
 start CI stationary RICE <=   filter every 1,000    engine's time spent
 300 HP.                       hours of operation    at idle and
                               or annually,          minimize the
                               whichever comes       engine's startup
                               first; \1\            time at startup to
                                                     a period needed for
                                                     appropriate and
                                                     safe loading of the
                                                     engine, not to
                                                     exceed 30 minutes,
                                                     after which time
                                                     the non-startup
                                                     emission
                                                     limitations apply.
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary..
2. Non-Emergency, non-black   a. Limit
 start CI stationary RICE      concentration of CO
 300  500 HP.           in the stationary
                               RICE exhaust to 23
                               ppmvd at 15 percent
                               O2; or
                              b. Reduce CO
                               emissions by 70
                               percent or more.
4. Emergency stationary CI    a. Change oil and
 RICE and black start          filter every 500
 stationary CI RICE.\2\        hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first; and

[[Page 43]]

 
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.
5. Emergency stationary SI    a. Change oil and
 RICE; black start             filter every 500
 stationary SI RICE; non-      hours of operation
 emergency, non-black start    or annually,
 4SLB stationary RICE  500 HP that operate   first; \1\
 24 hours or less per         b. Inspect spark
 calendar year; non-           plugs every 1,000
 emergency, non-black start    hours of operation
 4SRB stationary RICE  500 HP that operate   whichever comes
 24 hours or less per          first; and.
 calendar year.\2\            c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary..
6. Non-emergency, non-black   a. Change oil and
 start 2SLB stationary RICE.   filter every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect spark
                               plugs every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every
                               4,320 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
7. Non-emergency, non-black   a. Change oil and
 start 4SLB stationary RICE    filter every 1,440
 <= 500 HP.                    hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
8. Non-emergency, non-black   a. Limit
 start 4SLB stationary RICE    concentration of CO
  500 HP.           in the stationary
                               RICE exhaust to 47
                               ppmvd at 15 percent
                               O2; or
                              b. Reduce CO
                               emissions by 93
                               percent or more.
9. Non-emergency, non-black   a. Change oil and
 start 4SRB stationary RICE    filter every 1,440
 <= 500 HP.                    hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
10. Non-emergency, non-black  a. Limit
 start 4SRB stationary RICE    concentration of
  500 HP.           formaldehyde in the
                               stationary RICE
                               exhaust to 2.7
                               ppmvd at 15 percent
                               O2; or
                              b. Reduce
                               formaldehyde
                               emissions by 76
                               percent or more.
11. Non-emergency, non-black  a. Change oil and
 start landfill or digester    filter every 1,440
 gas-fired stationary RICE.    hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
------------------------------------------------------------------------
\1\ Sources have the option to utilize an oil analysis program as
  described in Sec.  63.6625(i) in order to extend the specified oil
  change requirement in Table 2d of this subpart.
\2\ If an emergency engine is operating during an emergency and it is
  not possible to shut down the engine in order to perform the
  management practice requirements on the schedule required in Table 2d
  of this subpart, or if performing the management practice on the
  required schedule would otherwise pose an unacceptable risk under
  Federal, State, or local law, the management practice can be delayed
  until the emergency is over or the unacceptable risk under Federal,
  State, or local law has abated. The management practice should be
  performed as soon as practicable after the emergency has ended or the
  unacceptable risk under Federal, State, or local law has abated.
  Sources must report any failure to perform the management practice on
  the schedule required and the Federal, State or local law under which
  the risk was deemed unacceptable.


[[Page 44]]


[75 FR 51595, Aug. 20, 2010]



  Sec. Table 3 to Subpart ZZZZ of Part 63--Subsequent Performance Tests

    As stated in Sec. Sec. 63.6615 and 63.6620, you must comply with 
the following subsequent performance test requirements:

------------------------------------------------------------------------
                               Complying with the
       For each . . .         requirement to . . .     You must . . .
------------------------------------------------------------------------
1. New or reconstructed 2SLB  Reduce CO emissions   Conduct subsequent
 stationary RICE with a        and not using a       performance tests
 brake horsepower  500 located at major
 sources; new or
 reconstructed 4SLB
 stationary RICE with a
 brake horsepower = 250 located at major
 sources; and new or
 reconstructed CI stationary
 RICE with a brake
 horsepower  500
 located at major sources.
2. 4SRB stationary RICE with  Reduce formaldehyde   Conduct subsequent
 a brake horsepower = 5,000 located at major                         semiannually.\1\
 sources.
3. Stationary RICE with a     Limit the             Conduct subsequent
 brake horsepower  500 located at major      formaldehyde in the   semiannually.\1\
 sources and new or            stationary RICE
 reconstructed 4SLB            exhaust.
 stationary RICE with a
 brake horsepower 250 <= HP
 <= 500 located at major
 sources.
4. Existing non-emergency,    Limit or reduce CO    Conduct subsequent
 non-black start CI            or formaldehyde       performance tests
 stationary RICE with a        emissions.            every 8,760 hrs. or
 brake horsepower  500 that are not                                comes first.
 limited use stationary
 RICE; existing non-
 emergency, non-black start
 4SLB and 4SRB stationary
 RICE located at an area
 source of HAP emissions
 with a brake horsepower  500 that are
 operated more than 24 hours
 per calendar year that are
 not limited use stationary
 RICE.
5. Existing non-emergency,    Limit or reduce CO    Conduct subsequent
 non-black start CI            or formaldehyde       performance tests
 stationary RICE with a        emissions.            every 8,760 hrs. or
 brake horsepower  500 that are limited                            comes first.
 use stationary RICE;
 existing non-emergency, non-
 black start 4SLB and 4SRB
 stationary RICE located at
 an area source of HAP
 emissions with a brake
 horsepower  500
 that are operated more than
 24 hours per calendar year
 and are limited use
 stationary RICE.
------------------------------------------------------------------------
\1\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.


[75 FR 51596, Aug. 20, 2010]



 Sec. Table 4 to Subpart ZZZZ of Part 63--Requirements for Performance 

                                  Tests

    As stated in Sec. Sec. 63.6610, 63.6611, 63.6612, 63.6620, and 
63.6640, you must comply with the following requirements for performance 
tests for stationary RICE:

----------------------------------------------------------------------------------------------------------------
                                  Complying with the                                           According to the
         For each . . .             requirement to .    You must . . .        Using . . .          following
                                          . .                                                 requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI stationary  a. Reduce CO        i. Measure the O2   (1) Portable CO     (a) Using ASTM
 RICE.                             emissions.          at the inlet and    and O2 analyzer.    D6522-00 (2005)
                                                       outlet of the                           \a\ (incorporated
                                                       control device;                         by reference, see
                                                       and                                     Sec.  63.14).
                                                                                               Measurements to
                                                                                               determine O2 must
                                                                                               be made at the
                                                                                               same time as the
                                                                                               measurements for
                                                                                               CO concentration.

[[Page 45]]

 
                                                      ii. Measure the CO  (1) Portable CO     (a) Using ASTM
                                                       at the inlet and    and O2 analyzer.    D6522-00 (2005) a
                                                       the outlet of the                       b (incorporated
                                                       control device.                         by reference, see
                                                                                               Sec.  63.14) or
                                                                                               Method 10 of 40
                                                                                               CFR appendix A.
                                                                                               The CO
                                                                                               concentration
                                                                                               must be at 15
                                                                                               percent O2, dry
                                                                                               basis.
2. 4SRB stationary RICE.........  a. Reduce           i. Select the       (1) Method 1 or 1A  (a) Sampling sites
                                   formaldehyde        sampling port       of 40 CFR part      must be located
                                   emissions.          location and the    60, appendix A      at the inlet and
                                                       number of           Sec.               outlet of the
                                                       traverse points;    63.7(d)(1)(i).      control device.
                                                       and
                                                      ii. Measure O2 at   (1) Method 3 or 3A  (a) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A, or ASTM Method   must be made at
                                                       and                 D6522-00m (2005).   the same time as
                                                                                               the measurements
                                                                                               for formaldehyde
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) Measurements
                                                       moisture content    CFR part 60,        to determine
                                                       at the inlet and    appendix A, or      moisture content
                                                       outlet of the       Test Method 320     must be made at
                                                       control device;     of 40 CFR part      the same time and
                                                       and                 63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formaldehyde at     323 of 40 CFR       concentration
                                                       the inlet and the   part 63, appendix   must be at 15
                                                       outlet of the       A; or ASTM D6348-   percent O2, dry
                                                       control device.     03,\c\ provided     basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
3. Stationary RICE..............  a. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   formaldehyde or     location and the    60, appendix A      the sampling site
                                   CO in the           number of           Sec.               must be located
                                   stationary RICE     traverse points;    63.7(d)(1)(i).      at the outlet of
                                   exhaust.            and                                     the control
                                                                                               device.
                                                      ii. Determine the   (1) Method 3 or 3A  (a) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       RICE exhaust at     A, or ASTM Method   must be made at
                                                       the sampling port   D6522-00 (2005).    the same time and
                                                       location; and                           location as the
                                                                                               measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) Measurements
                                                       moisture content    CFR part 60,        to determine
                                                       of the stationary   appendix A, or      moisture content
                                                       RICE exhaust at     Test Method 320     must be made at
                                                       the sampling port   of 40 CFR part      the same time and
                                                       location; and       63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formaldehyde at     323 of 40 CFR       concentration
                                                       the exhaust of      part 63, appendix   must be at 15
                                                       the stationary      A; or ASTM D6348-   percent O2, dry
                                                       RICE; or            03,\c\ provided     basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
                                                      v. Measure CO at    (1) Method 10 of    (a) CO
                                                       the exhaust of      40 CFR part 60,     Concentration
                                                       the stationary      appendix A, ASTM    must be at 15
                                                       RICE.               Method D6522-00     percent O2, dry
                                                                           (2005),\a\ Method   basis. Results of
                                                                           320 of 40 CFR       this test consist
                                                                           part 63, appendix   of the average of
                                                                           A, or ASTM D6348-   the three 1-hour
                                                                           03.                 longer runs.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
  00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
  Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
  Ann Arbor, MI 48106. ASTM-D6522-00 (2005) may be used to test both CI and SI stationary RICE.
\b\ You may also use Method 320 of 40 CFR part 63, appendix A, or ASTM D6348-03.

[[Page 46]]

 
\c\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
  Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
  International, 300 North Zeeb Road, Ann Arbor, MI 48106.


[75 FR 51597, Aug. 20, 2010]



    Sec. Table 5 to Subpart ZZZZ of Part 63--Initial Compliance With 

             Emission Limitations and Operating Limitations

    As stated in Sec. Sec. 63.6612, 63.6625 and 63.6630, you must 
initially comply with the emission and operating limitations as required 
by the following:

------------------------------------------------------------------------
                                                          You have
       For each . . .          Complying with the   demonstrated initial
                              requirement to . . .   compliance if . . .
------------------------------------------------------------------------
1. New or reconstructed non-  a. Reduce CO          i. The average
 emergency 2SLB stationary     emissions and using   reduction of
 RICE 500 HP        oxidation catalyst,   emissions of CO
 located at a major source     and using a CPMS.     determined from the
 of HAP, new or                                      initial performance
 reconstructed non-emergency                         test achieves the
 4SLB stationary RICE =250 HP located at a                         reduction; and
 major source of HAP, non-                          ii. You have
 emergency stationary CI                             installed a CPMS to
 RICE 500 HP                              continuously
 located at a major source                           monitor catalyst
 of HAP, existing non-                               inlet temperature
 emergency stationary CI                             according to the
 RICE 500 HP                              requirements in
 located at an area source                           Sec.  63.6625(b);
 of HAP, and existing non-                           and
 emergency 4SLB stationary                          iii. You have
 RICE 500 HP                              recorded the
 located at an area source                           catalyst pressure
 of HAP that are operated                            drop and catalyst
 more than 24 hours per                              inlet temperature
 calendar year.                                      during the initial
                                                     performance test.
2. Non-emergency stationary   a. Limit the          i. The average CO
 CI RICE 500 HP     concentration of      concentration
 located at a major source     CO, using oxidation   determined from the
 of HAP, existing non-         catalyst, and using   initial performance
 emergency stationary CI       a CPMS.               test is less than
 RICE 500 HP                              or equal to the CO
 located at an area source                           emission
 of HAP, and existing non-                           limitation; and
 emergency 4SLB stationary                          ii. You have
 RICE 500 HP                              installed a CPMS to
 located at an area source                           continuously
 of HAP that are operated                            monitor catalyst
 more than 24 hours per                              inlet temperature
 calendar year.                                      according to the
                                                     requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
3. New or reconstructed non-  a. Reduce CO          i. The average
 emergency 2SLB stationary     emissions and not     reduction of
 RICE 500 HP        using oxidation       emissions of CO
 located at a major source     catalyst.             determined from the
 of HAP, new or                                      initial performance
 reconstructed non-emergency                         test achieves the
 4SLB stationary RICE =250 HP located at a                         reduction; and
 major source of HAP, non-                          ii. You have
 emergency stationary CI                             installed a CPMS to
 RICE 500 HP                              continuously
 located at a major source                           monitor operating
 of HAP, existing non-                               parameters approved
 emergency stationary CI                             by the
 RICE 500 HP                              Administrator (if
 located at an area source                           any) according to
 of HAP, and existing non-                           the requirements in
 emergency 4SLB stationary                           Sec.  63.6625(b);
 RICE 500 HP                              and
 located at an area source                          iii. You have
 of HAP that are operated                            recorded the
 more than 24 hours per                              approved operating
 calendar year.                                      parameters (if any)
                                                     during the initial
                                                     performance test.
4. Non-emergency stationary   a. Limit the          i. The average CO
 CI RICE 500 HP     concentration of      concentration
 located at a major source     CO, and not using     determined from the
 of HAP, existing non-         oxidation catalyst.   initial performance
 emergency stationary CI                             test is less than
 RICE 500 HP                              or equal to the CO
 located at an area source                           emission
 of HAP, and existing non-                           limitation; and
 emergency 4SLB stationary                          ii. You have
 RICE 500 HP                              installed a CPMS to
 located at an area source                           continuously
 of HAP that are operated                            monitor operating
 more than 24 hours per                              parameters approved
 calendar year.                                      by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.

[[Page 47]]

 
5. New or reconstructed non-  a. Reduce CO          i. You have
 emergency 2SLB stationary     emissions, and        installed a CEMS to
 RICE 500 HP        using a CEMS.         continuously
 located at a major source                           monitor CO and
 of HAP, new or                                      either O2 or CO2 at
 reconstructed non-emergency                         both the inlet and
 4SLB stationary RICE =250 HP located at a                         oxidation catalyst
 major source of HAP, non-                           according to the
 emergency stationary CI                             requirements in
 RICE 500 HP                              Sec.  63.6625(a);
 located at a major source                           and
 of HAP, existing non-                              ii. You have
 emergency stationary CI                             conducted a
 RICE 500 HP                              performance
 located at an area source                           evaluation of your
 of HAP, and existing non-                           CEMS using PS 3 and
 emergency 4SLB stationary                           4A of 40 CFR part
 RICE 500 HP                              60, appendix B; and
 located at an area source                          iii. The average
 of HAP that are operated                            reduction of CO
 more than 24 hours per                              calculated using
 calendar year.                                      Sec.  63.6620
                                                     equals or exceeds
                                                     the required
                                                     percent reduction.
                                                     The initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average percent
                                                     reduction achieved
                                                     during the 4-hour
                                                     period.
6. Non-emergency stationary   a. Limit the          i. You have
 CI RICE 500 HP     concentration of      installed a CEMS to
 located at a major source     CO, and using a       continuously
 of HAP, existing non-         CEMS.                 monitor CO and
 emergency stationary CI                             either O2 or CO2 at
 RICE 500 HP                              the outlet of the
 located at an area source                           oxidation catalyst
 of HAP, and existing non-                           according to the
 emergency 4SLB stationary                           requirements in
 RICE 500 HP                              Sec.  63.6625(a);
 located at an area source                           and
 of HAP that are operated                           ii. You have
 more than 24 hours per                              conducted a
 calendar year.                                      performance
                                                     evaluation of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B; and
                                                    iii. The average
                                                     concentration of CO
                                                     calculated using
                                                     Sec.  63.6620 is
                                                     less than or equal
                                                     to the CO emission
                                                     limitation. The
                                                     initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average
                                                     concentration
                                                     measured during the
                                                     4-hour period.
7. Non-emergency 4SRB         a. Reduce             i. The average
 stationary RICE 500 HP located at a        emissions and using   emissions of
 major source of HAP, and      NSCR.                 formaldehyde
 existing non-emergency 4SRB                         determined from the
 stationary RICE 500 HP located at an                             test is equal to or
 area source of HAP that are                         greater than the
 operated more than 24 hours                         required
 per calendar year.                                  formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
8. Non-emergency 4SRB         a. Reduce             i. The average
 stationary RICE 500 HP located at a        emissions and not     emissions of
 major source of HAP, and      using NSCR.           formaldehyde
 existing non-emergency 4SRB                         determined from the
 stationary RICE 500 HP located at an                             test is equal to or
 area source of HAP that are                         greater than the
 operated more than 24 hours                         required
 per calendar year.                                  formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
9. Existing non-emergency     a. Limit the          i. The average
 4SRB stationary RICE 500 HP located at an   formaldehyde and      concentration
 area source of HAP that are   not using NSCR.       determined from the
 operated more than 24 hours                         initial performance
 per calendar year.                                  test is less than
                                                     or equal to the
                                                     formaldehyde
                                                     emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.

[[Page 48]]

 
10. New or reconstructed non- a. Limit the          i. The average
 emergency stationary RICE     concentration of      formaldehyde
 500 HP located     formaldehyde in the   concentration,
 at a major source of HAP,     stationary RICE       corrected to 15
 new or reconstructed non-     exhaust and using     percent O2, dry
 emergency 4SLB stationary     oxidation catalyst    basis, from the
 RICE 250<=HP<=500 located     or NSCR.              three test runs is
 at a major source of HAP,                           less than or equal
 and existing non-emergency                          to the formaldehyde
 4SRB stationary RICE 500 HP.                                      limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
11. New or reconstructed non- a. Limit the          i. The average
 emergency stationary RICE     concentration of      formaldehyde
 500 HP located     formaldehyde in the   concentration,
 at a major source of HAP,     stationary RICE       corrected to 15
 new or reconstructed non-     exhaust and not       percent O2, dry
 emergency 4SLB stationary     using oxidation       basis, from the
 RICE 250<=HP<=500 located     catalyst or NSCR.     three test runs is
 at a major source of HAP,                           less than or equal
 and existing non-emergency                          to the formaldehyde
 4SRB stationary RICE 500 HP.                                      limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
12. Existing non-emergency    a. Reduce CO or       i. The average
 stationary RICE               formaldehyde          reduction of
 100<=HP<=500 located at a     emissions.            emissions of CO or
 major source of HAP, and                            formaldehyde, as
 existing non-emergency                              applicable
 stationary CI RICE                                  determined from the
 300
  Sec. Table 6 to Subpart ZZZZ of Part 63--Continuous Compliance With 

    Emission Limitations, Operating Limitations, Work Practices, and 

                          Management Practices

    As stated in Sec. 63.6640, you must continuously comply with the 
emissions and operating limitations and work or management practices as 
required by the following:

------------------------------------------------------------------------
                                                    You must demonstrate
                               Complying with the        continuous
       For each . . .         requirement to . . .   compliance by . . .
 
------------------------------------------------------------------------
1. New or reconstructed non-  a. Reduce CO          i. Conducting
 emergency 2SLB stationary     emissions and using   semiannual
 RICE 500 HP        an oxidation          performance tests
 located at a major source     catalyst, and using   for CO to
 of HAP, new or                a CPMS.               demonstrate that
 reconstructed non-emergency                         the required CO
 4SLB stationary RICE =250 HP located at a                         is achieved; \a\
 major source of HAP, and                            and
 new or reconstructed non-                          ii. Collecting the
 emergency CI stationary                             catalyst inlet
 RICE 500 HP                              temperature data
 located at a major source                           according to Sec.
 of HAP.                                             63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.

[[Page 49]]

 
2. New or reconstructed non-  a. Reduce CO          i. Conducting
 emergency 2SLB stationary     emissions and not     semiannual
 RICE 500 HP        using an oxidation    performance tests
 located at a major source     catalyst, and using   for CO to
 of HAP, new or                a CPMS.               demonstrate that
 reconstructed non-emergency                         the required CO
 4SLB stationary RICE =250 HP located at a                         is achieved; \a\
 major source of HAP, and                            and
 new or reconstructed non-                          ii. Collecting the
 emergency CI stationary                             approved operating
 RICE 500 HP                              parameter (if any)
 located at a major source                           data according to
 of HAP.                                             Sec.  63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
3. New or reconstructed non-  a. Reduce CO          i. Collecting the
 emergency 2SLB stationary     emissions or limit    monitoring data
 RICE 500 HP        the concentration     according to Sec.
 located at a major source     of CO in the          63.6625(a),
 of HAP, new or                stationary RICE       reducing the
 reconstructed non-emergency   exhaust, and using    measurements to 1-
 4SLB stationary RICE =250 HP located at a                         calculating the
 major source of HAP, new or                         percent reduction
 reconstructed non-emergency                         or concentration of
 stationary CI RICE 500 HP located at a                              according to Sec.
 major source of HAP,                                63.6620; and
 existing non-emergency                             ii. Demonstrating
 stationary CI RICE 500 HP, existing non-                            achieves the
 emergency 4SLB stationary                           required percent
 RICE 500 HP                              reduction of CO
 located at an area source                           emissions over the
 of HAP that are operated                            4-hour averaging
 more than 24 hours per                              period, or that the
 calendar year.                                      emission remain at
                                                     or below the CO
                                                     concentration
                                                     limit; and
                                                    iii. Conducting an
                                                     annual RATA of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B, as
                                                     well as daily and
                                                     periodic data
                                                     quality checks in
                                                     accordance with 40
                                                     CFR part 60,
                                                     appendix F,
                                                     procedure 1.
4. Non-emergency 4SRB         a. Reduce             i. Collecting the
 stationary RICE 500 HP located at a        emissions and using   temperature data
 major source of HAP.          NSCR.                 according to Sec.
                                                     63.6625(b); and
                                                    ii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    iv. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
5. Non-emergency 4SRB         a. Reduce             i. Collecting the
 stationary RICE 500 HP located at a        emissions and not     parameter (if any)
 major source of HAP.          using NSCR.           data according to
                                                     Sec.  63.6625(b);
                                                     and
                                                    ii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
6. Non-emergency 4SRB         a. Reduce             Conducting
 stationary RICE with a        formaldehyde          semiannual
 brake HP =5,000    emissions.            performance tests
 located at a major source                           for formaldehyde to
 of HAP.                                             demonstrate that
                                                     the required
                                                     formaldehyde
                                                     percent reduction
                                                     is achieved.\a\
7. New or reconstructed non-  a. Limit the          i. Conducting
 emergency stationary RICE     concentration of      semiannual
 500 HP located     formaldehyde in the   performance tests
 at a major source of HAP      stationary RICE       for formaldehyde to
 and new or reconstructed      exhaust and using     demonstrate that
 non-emergency 4SLB            oxidation catalyst    your emissions
 stationary RICE 250           or NSCR.              remain at or below
 <=HP<=500 located at a                              the formaldehyde
 major source of HAP.                                concentration
                                                     limit; \a\ and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and

[[Page 50]]

 
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
8. New or reconstructed non-  a. Limit the          i. Conducting
 emergency stationary RICE     concentration of      semiannual
 500 HP located     formaldehyde in the   performance tests
 at a major source of HAP      stationary RICE       for formaldehyde to
 and new or reconstructed      exhaust and not       demonstrate that
 non-emergency 4SLB            using oxidation       your emissions
 stationary RICE 250           catalyst or NSCR.     remain at or below
 <=HP<=500 located at a                              the formaldehyde
 major source of HAP.                                concentration
                                                     limit; \a\ and
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
9. Existing emergency and     a. Work or            i. Operating and
 black start stationary RICE   Management            maintaining the
 <=500 HP located at a major   practices.            stationary RICE
 source of HAP, existing non-                        according to the
 emergency stationary RICE                           manufacturer's
 <100 HP located at a major                          emission-related
 source of HAP, existing                             operation and
 emergency and black start                           maintenance
 stationary RICE located at                          instructions; or
 an area source of HAP,                             ii. Develop and
 existing non-emergency                              follow your own
 stationary CI RICE <=300 HP                         maintenance plan
 located at an area source                           which must provide
 of HAP, existing non-                               to the extent
 emergency 2SLB stationary                           practicable for the
 RICE located at an area                             maintenance and
 source of HAP, existing non-                        operation of the
 emergency landfill or                               engine in a manner
 digester gas stationary SI                          consistent with
 RICE located at an area                             good air pollution
 source of HAP, existing non-                        control practice
 emergency 4SLB and 4SRB                             for minimizing
 stationary RICE <=500 HP                            emissions.
 located at an area source
 of HAP, existing non-
 emergency 4SLB and 4SRB
 stationary RICE 500 HP located at an
 area source of HAP that
 operate 24 hours or less
 per calendar year.
10. Existing stationary CI    a. Reduce CO or       i. Conducting
 RICE 500 HP that   formaldehyde          performance tests
 are not limited use           emissions, or limit   every 8,760 hours
 stationary RICE, and          the concentration     or 3 years,
 existing 4SLB and 4SRB        of formaldehyde or    whichever comes
 stationary RICE 500 HP located at an       stationary RICE       formaldehyde, as
 area source of HAP that       exhaust, and using    appropriate, to
 operate more than 24 hours    oxidation catalyst    demonstrate that
 per calendar year and are     or NSCR.              the required CO or
 not limited use stationary                          formaldehyde, as
 RICE.                                               appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit; and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
11. Existing stationary CI    a. Reduce CO or       i. Conducting
 RICE 500 HP that   formaldehyde          performance tests
 are not limited use           emissions, or limit   every 8,760 hours
 stationary RICE, and          the concentration     or 3 years,
 existing 4SLB and 4SRB        of formaldehyde or    whichever comes
 stationary RICE 500 HP located at an       stationary RICE       formaldehyde, as
 area source of HAP that       exhaust, and not      appropriate, to
 operate more than 24 hours    using oxidation       demonstrate that
 per calendar year and are     catalyst or NSCR.     the required CO or
 not limited use stationary                          formaldehyde, as
 RICE.                                               appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit; and

[[Page 51]]

 
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
12. Existing limited use CI   a. Reduce CO or       i. Conducting
 stationary RICE 500 HP and existing        emissions or limit    every 8,760 hours
 limited use 4SLB and 4SRB     the concentration     or 5 years,
 stationary RICE 500 HP located at an       CO in the             first, for CO or
 area source of HAP that       stationary RICE       formaldehyde, as
 operate more than 24 hours    exhaust, and using    appropriate, to
 per calendar year.            an oxidation          demonstrate that
                               catalyst or NSCR.     the required CO or
                                                     formaldehyde, as
                                                     appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit; and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
13. Existing limited use CI   a. Reduce CO or       i. Conducting
 stationary RICE 500 HP and existing        emissions or limit    every 8,760 hours
 limited use 4SLB and 4SRB     the concentration     or 5 years,
 stationary RICE 500 HP located at an       CO in the             first, for CO or
 area source of HAP that       stationary RICE       formaldehyde, as
 operate more than 24 hours    exhaust, and not      appropriate, to
 per calendar year.            using an oxidation    demonstrate that
                               catalyst or NSCR.     the required CO or
                                                     formaldehyde, as
                                                     appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit; and
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.


[76 FR 12870, Mar. 9, 2011]



    Sec. Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports

    As stated in Sec. 63.6650, you must comply with the following 
requirements for reports:

[[Page 52]]



----------------------------------------------------------------------------------------------------------------
                                                               The report must contain     You must submit the
           For each ...              You must submit a ...               ...                   report ...
----------------------------------------------------------------------------------------------------------------
1. Existing non-emergency, non-    Compliance report........  a. If there are no        i. Semiannually
 black start stationary RICE 100                               deviations from any       according to the
 <= HP <= 500 located at a major                               emission limitations or   requirements in Sec.
 source of HAP; existing non-                                  operating limitations     63.6650(b)(1)-(5) for
 emergency, non-black start                                    that apply to you, a      engines that are not
 stationary CI RICE                                 statement that there      limited use stationary
 500 HP located at a major source                              were no deviations from   RICE subject to
 of HAP; existing non-emergency                                the emission              numerical emission
 4SRB stationary RICE                               limitations or            limitations; and
 500 HP located at a major source                              operating limitations    ii. Annually according
 of HAP; existing non-emergency,                               during the reporting      to the requirements in
 non-black start stationary CI                                 period. If there were     Sec.  63.6650(b)(6)-
 RICE  300 HP located                               no periods during which   (9) for engines that
 at an area source of HAP;                                     the CMS, including CEMS   are limited use
 existing non-emergency, non-                                  and CPMS, was out-of-     stationary RICE subject
 black start 4SLB and 4SRB                                     control, as specified     to numerical emission
 stationary RICE  500                               in Sec.  63.8(c)(7), a   limitations.
 HP located at an area source of                               statement that there     i. Semiannually
 HAP and operated more than 24                                 were not periods during   according to the
 hours per calendar year; new or                               which the CMS was out-    requirements in Sec.
 reconstructed non-emergency                                   of-control during the     63.6650(b).
 stationary RICE  500                               reporting period; or.    i. Semiannually
 HP located at a major source of                              b. If you had a            according to the
 HAP; and new or reconstructed                                 deviation from any        requirements in Sec.
 non-emergency 4SLB stationary                                 emission limitation or    63.6650(b).
 RICE 250 <= HP <= 500 located at                              operating limitation
 a major source of HAP.                                        during the reporting
                                                               period, the information
                                                               in Sec.  63.6650(d).
                                                               If there were periods
                                                               during which the CMS,
                                                               including CEMS and
                                                               CPMS, was out-of-
                                                               control, as specified
                                                               in Sec.  63.8(c)(7),
                                                               the information in Sec.
                                                                 63.6650(e); or.
                                                              c. If you had a
                                                               malfunction during the
                                                               reporting period, the
                                                               information in Sec.
                                                               63.6650(c)(4).
2. New or reconstructed non-       Report...................  a. The fuel flow rate of  i. Annually, according
 emergency stationary RICE that                                each fuel and the         to the requirements in
 combusts landfill gas or                                      heating values that       Sec.  63.6650.
 digester gas equivalent to 10                                 were used in your
 percent or more of the gross                                  calculations, and you
 heat input on an annual basis.                                must demonstrate that
                                                               the percentage of heat
                                                               input provided by
                                                               landfill gas or
                                                               digester gas, is
                                                               equivalent to 10
                                                               percent or more of the
                                                               gross heat input on an
                                                               annual basis; and.
                                                              b. The operating limits   i. See item 2.a.i.
                                                               provided in your
                                                               federally enforceable
                                                               permit, and any
                                                               deviations from these
                                                               limits; and.
                                                              c. Any problems or        i. See item 2.a.i.
                                                               errors suspected with
                                                               the meters..
----------------------------------------------------------------------------------------------------------------


[[Page 53]]


[75 FR 51603, Aug. 20, 2010]



   Sec. Table 8 to Subpart ZZZZ of Part 63--Applicability of General 

                       Provisions to Subpart ZZZZ.

    As stated in Sec. 63.6665, you must comply with the following 
applicable general provisions.

----------------------------------------------------------------------------------------------------------------
    General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.......................  General applicability of    Yes.
                                     the General Provisions.
Sec.  63.2.......................  Definitions...............  Yes..................  Additional terms defined
                                                                                        in Sec.  63.6675.
Sec.  63.3.......................  Units and abbreviations...  Yes.
Sec.  63.4.......................  Prohibited activities and   Yes.
                                     circumvention.
Sec.  63.5.......................  Construction and            Yes.
                                     reconstruction.
Sec.  63.6(a)....................  Applicability.............  Yes.
Sec.  63.6(b)(1)-(4).............  Compliance dates for new    Yes.
                                     and reconstructed sources.
Sec.  63.6(b)(5).................  Notification..............  Yes.
Sec.  63.6(b)(6).................  [Reserved]
Sec.  63.6(b)(7).................  Compliance dates for new    Yes.
                                     and reconstructed area
                                     sources that become major
                                     sources.
Sec.  63.6(c)(1)-(2).............  Compliance dates for        Yes.
                                     existing sources.
Sec.  63.6(c)(3)-(4).............  [Reserved]
Sec.  63.6(c)(5).................  Compliance dates for        Yes.
                                     existing area sources
                                     that become major sources.
Sec.  63.6(d)....................  [Reserved]
Sec.  63.6(e)....................  Operation and maintenance.  No.
Sec.  63.6(f)(1).................  Applicability of standards  No.
Sec.  63.6(f)(2).................  Methods for determining     Yes.
                                     compliance.
Sec.  63.6(f)(3).................  Finding of compliance.....  Yes.
Sec.  63.6(g)(1)-(3).............  Use of alternate standard.  Yes.
Sec.  63.6(h)....................  Opacity and visible         No...................  Subpart ZZZZ does not
                                     emission standards.                                contain opacity or
                                                                                        visible emission
                                                                                        standards.
Sec.  63.6(i)....................  Compliance extension        Yes.
                                     procedures and criteria.
Sec.  63.6(j)....................  Presidential compliance     Yes.
                                     exemption.
Sec.  63.7(a)(1)-(2).............  Performance test dates....  Yes..................  Subpart ZZZZ contains
                                                                                        performance test dates
                                                                                        at Sec. Sec.  63.6610,
                                                                                        63.6611, and 63.6612.
Sec.  63.7(a)(3).................  CAA section 114 authority.  Yes.
Sec.  63.7(b)(1).................  Notification of             Yes..................  Except that Sec.
                                     performance test.                                  63.7(b)(1) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.  63.7(b)(2).................  Notification of             Yes..................  Except that Sec.
                                     rescheduling.                                      63.7(b)(2) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.  63.7(c)....................  Quality assurance/test      Yes..................  Except that Sec.
                                     plan.                                              63.7(c) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.  63.7(d)....................  Testing facilities........  Yes.
Sec.  63.7(e)(1).................  Conditions for conducting   No...................  Subpart ZZZZ specifies
                                     performance tests.                                 conditions for
                                                                                        conducting performance
                                                                                        tests at Sec.  63.6620.
Sec.  63.7(e)(2).................  Conduct of performance      Yes..................  Subpart ZZZZ specifies
                                     tests and reduction of                             test methods at Sec.
                                     data.                                              63.6620.
Sec.  63.7(e)(3).................  Test run duration.........  Yes.
Sec.  63.7(e)(4).................  Administrator may require   Yes.
                                     other testing under
                                     section 114 of the CAA.
Sec.  63.7(f)....................  Alternative test method     Yes.
                                     provisions.
Sec.  63.7(g)....................  Performance test data       Yes.
                                     analysis, recordkeeping,
                                     and reporting.
Sec.  63.7(h)....................  Waiver of tests...........  Yes.
Sec.  63.8(a)(1).................  Applicability of            Yes..................  Subpart ZZZZ contains
                                     monitoring requirements.                           specific requirements
                                                                                        for monitoring at Sec.
                                                                                        63.6625.
Sec.  63.8(a)(2).................  Performance specifications  Yes.
Sec.  63.8(a)(3).................  [Reserved]
Sec.  63.8(a)(4).................  Monitoring for control      No.
                                     devices.
Sec.  63.8(b)(1).................  Monitoring................  Yes.
Sec.  63.8(b)(2)-(3).............  Multiple effluents and      Yes.
                                     multiple monitoring
                                     systems.
Sec.  63.8(c)(1).................  Monitoring system           Yes.
                                     operation and maintenance.
Sec.  63.8(c)(1)(i)..............  Routine and predictable     Yes.
                                     SSM.

[[Page 54]]

 
Sec.  63.8(c)(1)(ii).............  SSM not in Startup          Yes.
                                     Shutdown Malfunction Plan.
Sec.  63.8(c)(1)(iii)............  Compliance with operation   Yes.
                                     and maintenance
                                     requirements.
Sec.  63.8(c)(2)-(3).............  Monitoring system           Yes.
                                     installation.
Sec.  63.8(c)(4).................  Continuous monitoring       Yes..................  Except that subpart ZZZZ
                                     system (CMS) requirements.                         does not require
                                                                                        Continuous Opacity
                                                                                        Monitoring System
                                                                                        (COMS).
Sec.  63.8(c)(5).................  COMS minimum procedures...  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.  63.8(c)(6)-(8).............  CMS requirements..........  Yes..................  Except that subpart ZZZZ
                                                                                        does not require COMS.
Sec.  63.8(d)....................  CMS quality control.......  Yes.
Sec.  63.8(e)....................  CMS performance evaluation  Yes..................  Except for Sec.
                                                                                        63.8(e)(5)(ii), which
                                                                                        applies to COMS.
                                                                 Except that Sec.
                                                                 63.8(e) only applies
                                                                 as specified in Sec.
                                                                   63.6645.
Sec.  63.8(f)(1)-(5).............  Alternative monitoring      Yes..................  Except that Sec.
                                     method.                                            63.8(f)(4) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.  63.8(f)(6).................  Alternative to relative     Yes..................  Except that Sec.
                                     accuracy test.                                     63.8(f)(6) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.  63.8(g)....................  Data reduction............  Yes..................  Except that provisions
                                                                                        for COMS are not
                                                                                        applicable. Averaging
                                                                                        periods for
                                                                                        demonstrating compliance
                                                                                        are specified at Sec.
                                                                                        Sec.  63.6635 and
                                                                                        63.6640.
Sec.  63.9(a)....................  Applicability and State     Yes.
                                     delegation of
                                     notification requirements.
Sec.  63.9(b)(1)-(5).............  Initial notifications.....  Yes..................  Except that Sec.
                                                                                        63.9(b)(3) is reserved.
                                                                 Except that Sec.
                                                                 63.9(b) only applies
                                                                 as specified in Sec.
                                                                   63.6645.
Sec.  63.9(c)....................  Request for compliance      Yes..................  Except that Sec.
                                     extension.                                         63.9(c) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.  63.9(d)....................  Notification of special     Yes..................  Except that Sec.
                                     compliance requirements                            63.9(d) only applies as
                                     for new sources.                                   specified in Sec.
                                                                                        63.6645.
Sec.  63.9(e)....................  Notification of             Yes..................  Except that Sec.
                                     performance test.                                  63.9(e) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.  63.9(f)....................  Notification of visible     No...................  Subpart ZZZZ does not
                                     emission (VE)/opacity                              contain opacity or VE
                                     test.                                              standards.
Sec.  63.9(g)(1).................  Notification of             Yes..................  Except that Sec.
                                     performance evaluation.                            63.9(g) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.  63.9(g)(2).................  Notification of use of      No...................  Subpart ZZZZ does not
                                     COMS data.                                         contain opacity or VE
                                                                                        standards.
Sec.  63.9(g)(3).................  Notification that           Yes..................  If alternative is in use.
                                     criterion for alternative
                                     to RATA is exceeded.
                                                                 Except that Sec.
                                                                 63.9(g) only applies
                                                                 as specified in Sec.
                                                                   63.6645.
Sec.  63.9(h)(1)-(6).............  Notification of compliance  Yes..................  Except that notifications
                                     status.                                            for sources using a CEMS
                                                                                        are due 30 days after
                                                                                        completion of
                                                                                        performance evaluations.
                                                                                        Sec.  63.9(h)(4) is
                                                                                        reserved.
                                                                                       Except that Sec.
                                                                                        63.9(h) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.  63.9(i)....................  Adjustment of submittal     Yes.
                                     deadlines.
Sec.  63.9(j)....................  Change in previous          Yes.
                                     information.
Sec.  63.10(a)...................  Administrative provisions   Yes.
                                     for recordkeeping/
                                     reporting.
Sec.  63.10(b)(1)................  Record retention..........  Yes.
Sec.  63.10(b)(2)(i)-(v).........  Records related to SSM....  No.
Sec.  63.10(b)(2)(vi)-(xi).......  Records...................  Yes.
Sec.  63.10(b)(2)(xii)...........  Record when under waiver..  Yes.
Sec.  63.10(b)(2)(xiii)..........  Records when using          Yes..................  For CO standard if using
                                     alternative to RATA.                               RATA alternative.

[[Page 55]]

 
Sec.  63.10(b)(2)(xiv)...........  Records of supporting       Yes.
                                     documentation.
Sec.  63.10(b)(3)................  Records of applicability    Yes.
                                     determination.
Sec.  63.10(c)...................  Additional records for      Yes..................  Except that Sec.
                                     sources using CEMS.                                63.10(c)(2)-(4) and (9)
                                                                                        are reserved.
Sec.  63.10(d)(1)................  General reporting           Yes.
                                     requirements.
Sec.  63.10(d)(2)................  Report of performance test  Yes.
                                     results.
Sec.  63.10(d)(3)................  Reporting opacity or VE     No...................  Subpart ZZZZ does not
                                     observations.                                      contain opacity or VE
                                                                                        standards.
Sec.  63.10(d)(4)................  Progress reports..........  Yes.
Sec.  63.10(d)(5)................  Startup, shutdown, and      No.
                                     malfunction reports.
Sec.  63.10(e)(1) and (2)(i).....  Additional CMS Reports....  Yes.
Sec.  63.10(e)(2)(ii)............  COMS-related report.......  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.  63.10(e)(3)................  Excess emission and         Yes..................  Except that Sec.
                                     parameter exceedances                              63.10(e)(3)(i) (C) is
                                     reports.                                           reserved.
Sec.  63.10(e)(4)................  Reporting COMS data.......  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.  63.10(f)...................  Waiver for recordkeeping/   Yes.
                                     reporting.
Sec.  63.11......................  Flares....................  No.
Sec.  63.12......................  State authority and         Yes.
                                     delegations.
Sec.  63.13......................  Addresses.................  Yes.
Sec.  63.14......................  Incorporation by reference  Yes.
Sec.  63.15......................  Availability of             Yes.                   .........................
                                     information.
----------------------------------------------------------------------------------------------------------------


[75 FR 9688, Mar. 3, 2010]



 Subpart AAAAA_National Emission Standards for Hazardous Air Pollutants 

                      for Lime Manufacturing Plants

    Source: 69 FR 416, Jan. 5, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7080  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for lime manufacturing plants. This subpart also 
establishes requirements to demonstrate initial and continuous 
compliance with the emission limitations.



Sec. 63.7081  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a lime 
manufacturing plant (LMP) that is a major source, or that is located at, 
or is part of, a major source of hazardous air pollutant (HAP) 
emissions, unless the LMP is located at a kraft pulp mill, soda pulp 
mill, sulfite pulp mill, beet sugar manufacturing plant, or only 
processes sludge containing calcium carbonate from water softening 
processes.
    (1) An LMP is an establishment engaged in the manufacture of lime 
product (calcium oxide, calcium oxide with magnesium oxide, or dead 
burned dolomite) by calcination of limestone, dolomite, shells or other 
calcareous substances.
    (2) A major source of HAP is a plant site that emits or has the 
potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) 
or more per year or any combination of HAP at a rate of 22.68 megagrams 
(25 tons) or more per year from all emission sources at the plant site.
    (b) [Reserved]



Sec. 63.7082  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing or new lime kiln(s) and 
their associated cooler(s), and processed stone handling (PSH) 
operations system(s) located at an LMP that is a major source.
    (b) A new lime kiln is a lime kiln, and (if applicable) its 
associated lime cooler, for which construction or reconstruction began 
after December 20, 2002, if you met the applicability criteria in Sec. 
63.7081 at the time you began construction or reconstruction.
    (c) A new PSH operations system is the equipment in paragraph (g) of 
this

[[Page 56]]

section, for which construction or reconstruction began after December 
20, 2002, if you met the applicability criteria in Sec. 63.7081 at the 
time you began construction or reconstruction.
    (d) A lime kiln or PSH operations system is reconstructed if it 
meets the criteria for reconstruction defined in Sec. 63.2.
    (e) An existing lime kiln is any lime kiln, and (if applicable) its 
associated lime cooler, that does not meet the definition of a new kiln 
of paragraph (b) of this section.
    (f) An existing PSH operations system is any PHS operations system 
that does not meet the definition of a new PSH operations system in 
paragraph (c) of this section.
    (g) A PSH operations system includes all equipment associated with 
PSH operations beginning at the processed stone storage bin(s) or open 
storage pile(s) and ending where the processed stone is fed into the 
kiln. It includes man-made processed stone storage bins (but not open 
processed stone storage piles), conveying system transfer points, bulk 
loading or unloading systems, screening operations, surge bins, bucket 
elevators, and belt conveyors. No other materials processing operations 
are subject to this subpart.
    (h) Nuisance dust collectors on lime coolers are part of the lime 
materials processing operations and are not covered by this subpart.
    (i) Lime hydrators are not subject to this subpart.
    (j) Open material storage piles are not subject to this subpart.



Sec. 63.7083  When do I have to comply with this subpart?

    (a) If you have a new affected source, you must comply with this 
subpart according to paragraphs (a)(1) and (2) of this section.
    (1) If you start up your affected source before January 5, 2004, you 
must comply with the emission limitations no later than January 5, 2004, 
and you must have completed all applicable performance tests no later 
than July 5, 2004.
    (2) If you start up your affected source after January 5, 2004, then 
you must comply with the emission limitations for new affected sources 
upon startup of your affected source and you must have completed all 
applicable performance tests no later than 180 days after startup.
    (b) If you have an existing affected source, you must comply with 
the applicable emission limitations for the existing affected source, 
and you must have completed all applicable performance tests no later 
than January 5, 2007.
    (c) If you have an LMP that is an area source that increases its 
emissions or its potential to emit such that it becomes a major source 
of HAP, the deadlines specified in paragraphs (c)(1) and (2) of this 
section apply.
    (1) New affected sources at your LMP you must be in compliance with 
this subpart upon startup.
    (2) Existing affected sources at your LMP must be in compliance with 
this subpart within 3 years after your source becomes a major source of 
HAP.
    (d) You must meet the notification requirements in Sec. 63.7130 
according to the schedule in Sec. 63.7130 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

                          Emission Limitations



Sec. 63.7090  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.

                     General Compliance Requirements



Sec. 63.7100  What are my general requirements for complying with this 

subpart?

    (a) After your initial compliance date, you must be in compliance 
with the emission limitations (including operating limits) in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction.
    (b) You must be in compliance with the opacity and visible emission 
(VE) limits in this subpart during the times specified in Sec. 
63.6(h)(1).

[[Page 57]]

    (c) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (d) You must prepare and implement for each LMP, a written 
operations, maintenance, and monitoring (OM&M) plan. You must submit the 
plan to the applicable permitting authority for review and approval as 
part of the application for a 40 CFR part 70 or 40 CFR part 71 permit. 
Any subsequent changes to the plan must be submitted to the applicable 
permitting authority for review and approval. Pending approval by the 
applicable permitting authority of an initial or amended plan, you must 
comply with the provisions of the submitted plan. Each plan must contain 
the following information:
    (1) Process and control device parameters to be monitored to 
determine compliance, along with established operating limits or ranges, 
as applicable, for each emission unit.
    (2) A monitoring schedule for each emission unit.
    (3) Procedures for the proper operation and maintenance of each 
emission unit and each air pollution control device used to meet the 
applicable emission limitations and operating limits in Tables 1 and 2 
to this subpart, respectively.
    (4) Procedures for the proper installation, operation, and 
maintenance of monitoring devices or systems used to determine 
compliance, including:
    (i) Calibration and certification of accuracy of each monitoring 
device;
    (ii) Performance and equipment specifications for the sample 
interface, parametric signal analyzer, and the data collection and 
reduction systems;
    (iii) Ongoing operation and maintenance procedures in accordance 
with the general requirements of Sec. 63.8(c)(1), (3), and (4)(ii); and
    (iv) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec. 63.8(d).
    (5) Procedures for monitoring process and control device parameters.
    (6) Corrective actions to be taken when process or operating 
parameters or add-on control device parameters deviate from the 
operating limits specified in Table 2 to this subpart, including:
    (i) Procedures to determine and record the cause of a deviation or 
excursion, and the time the deviation or excursion began and ended; and
    (ii) Procedures for recording the corrective action taken, the time 
corrective action was initiated, and the time and date the corrective 
action was completed.
    (7) A maintenance schedule for each emission unit and control device 
that is consistent with the manufacturer's instructions and 
recommendations for routine and long-term maintenance.
    (e) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).

[69 FR 416, Jan. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006]

               Testing and Initial Compliance Requirements



Sec. 63.7110  By what date must I conduct performance tests and other initial 

compliance demonstrations?

    (a) If you have an existing affected source, you must complete all 
applicable performance tests within January 5, 2007, according to the 
provisions in Sec. Sec. 63.7(a)(2) and 63.7114.
    (b) If you have a new affected source, and commenced construction or 
reconstruction between December 20, 2002, and January 5, 2004, you must 
demonstrate initial compliance with either the proposed emission 
limitation or the promulgated emission limitation no later than 180 
calendar days after January 5, 2004 or within 180 calendar days after 
startup of the source, whichever is later, according to Sec. Sec. 
63.7(a)(2)(ix) and 63.7114.
    (c) If you commenced construction or reconstruction between December 
20, 2002, and January 5, 2004, and you chose to comply with the proposed 
emission limitation when demonstrating initial compliance, you must 
conduct a demonstration of compliance with the promulgated emission 
limitation within January 5, 2007 or after startup of the source, 
whichever is later, according to Sec. Sec. 63.7(a)(2)(ix) and 63.7114.
    (d) For each initial compliance requirement in Table 3 to this 
subpart

[[Page 58]]

that applies to you where the monitoring averaging period is 3 hours, 
the 3-hour period for demonstrating continuous compliance for emission 
units within existing affected sources at LMP begins at 12:01 a.m. on 
the compliance date for existing affected sources, that is, the day 
following completion of the initial compliance demonstration, and ends 
at 3:01 a.m. on the same day.
    (e) For each initial compliance requirement in Table 3 to this 
subpart that applies to you where the monitoring averaging period is 3 
hours, the 3-hour period for demonstrating continuous compliance for 
emission units within new or reconstructed affected sources at LMP 
begins at 12:01 a.m. on the day following completion of the initial 
compliance demonstration, as required in paragraphs (b) and (c) of this 
section, and ends at 3:01 a.m. on the same day.



Sec. 63.7111  When must I conduct subsequent performance tests?

    You must conduct a performance test within 5 years following the 
initial performance test and within 5 years following each subsequent 
performance test thereafter.



Sec. 63.7112  What performance tests, design evaluations, and other procedures 

must I use?

    (a) You must conduct each performance test in Table 4 to this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements in Sec. 63.7(e)(1) and under the specific conditions 
specified in Table 4 to this subpart.
    (c) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (d) Except for opacity and VE observations, you must conduct three 
separate test runs for each performance test required in this section, 
as specified in Sec. 63.7(e)(3). Each test run must last at least 1 
hour.
    (e) The emission rate of particulate matter (PM) from each lime kiln 
(and each lime cooler if there is a separate exhaust to the atmosphere 
from the lime cooler) must be computed for each run using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.000

Where:

E = Emission rate of PM, pounds per ton (lb/ton) of stone feed.
Ck = Concentration of PM in the kiln effluent, grain/dry 
standard cubic feet (gr/dscf).
Qk = Volumetric flow rate of kiln effluent gas, dry standard 
cubic feet per hour (dscf/hr).
Cc = Concentration of PM in the cooler effluent, grain/dscf. 
This value is zero if there is not a separate cooler exhaust to the 
atmosphere.
Qc = Volumetric flow rate of cooler effluent gas, dscf/hr. 
This value is zero if there is not a separate cooler exhaust to the 
atmosphere.
P = Stone feed rate, tons per hour (ton/hr).
K = Conversion factor, 7000 grains per pound (grains/lb).

    (f)(1) If you choose to meet a weighted average emission limit as 
specified in item 4 of Table 1 to this subpart, you must calculate a 
combined particulate emission rate from all kilns and coolers within 
your LMP using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.001

Where:

ET = Emission rate of PM from all kilns and coolers, lb/ton 
of stone feed.
Ei = Emission rate of PM from kiln i, or from kiln/cooler 
combination i, lb/ton of stone feed.
Pi = Stone feed rate to kiln i, ton/hr.
n = Number of kilns you wish to include in averaging.

    (2) You do not have to include every kiln in this calculation, only 
include kilns you wish to average. Kilns that have a PM emission limit 
of 0.60 lb/tsf are ineligible for any averaging.
    (g) The weighted average PM emission limit from all kilns and 
coolers for which you are averaging must be calculated using Equation 3 
of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.002

Where:

ETN = Weighted average PM emission limit for all kilns and 
coolers being included in averaging at the LMP, lb/ton of stone feed.

[[Page 59]]

Ej = PM emission limit (0.10 or 0.12) for kiln j, or for 
kiln/cooler combination j, lb/ton of stone feed.
Pj = Stone feed rate to kiln j, ton/hr.
m = Number of kilns and kiln/cooler combinations you are averaging at 
your LMP. You must include the same kilns in the calculation of 
ET and ETN. Kilns that have a PM emission limit of 
0.60 lb/tsf are ineligible for any averaging.

    (h) Performance test results must be documented in complete test 
reports that contain the information required by paragraphs (h)(1) 
through (10) of this section, as well as all other relevant information. 
The plan to be followed during testing must be made available to the 
Administrator at least 60 days prior to testing.
    (1) A brief description of the process and the air pollution control 
system;
    (2) Sampling location description(s);
    (3) A description of sampling and analytical procedures and any 
modifications to standard procedures;
    (4) Test results, including opacity;
    (5) Quality assurance procedures and results;
    (6) Records of operating conditions during the test, preparation of 
standards, and calibration procedures;
    (7) Raw data sheets for field sampling and field and laboratory 
analyses;
    (8) Documentation of calculations;
    (9) All data recorded and used to establish operating limits; and
    (10) Any other information required by the test method.
    (i) [Reserved]
    (j) You must establish any applicable 3-hour block average operating 
limit indicated in Table 2 to this subpart according to the applicable 
requirements in Table 3 to this subpart and paragraphs (j)(1) through 
(4) of this section.
    (1) Continuously record the parameter during the PM performance test 
and include the parameter record(s) in the performance test report.
    (2) Determine the average parameter value for each 15-minute period 
of each test run.
    (3) Calculate the test run average for the parameter by taking the 
average of all the 15-minute parameter values for the run.
    (4) Calculate the 3-hour operating limit by taking the average of 
the three test run averages.
    (k) For each building enclosing any PSH operations that is subject 
to a VE limit, you must conduct a VE check according to item 18 in Table 
4 to this subpart, and in accordance with paragraphs (k)(1) through (3) 
of this section.
    (1) Conduct visual inspections that consist of a visual survey of 
the building over the test period to identify if there are VE, other 
than condensed water vapor.
    (2) Select a position at least 15 but not more 1,320 feet from each 
side of the building with the sun or other light source generally at 
your back.
    (3) The observer conducting the VE checks need not be certified to 
conduct EPA Method 9 in appendix A to part 60 of this chapter, but must 
meet the training requirements as described in EPA Method 22 in appendix 
A to part 60 of this chapter.
    (l) When determining compliance with the opacity standards for 
fugitive emissions from PSH operations in item 7 of Table 1 to this 
subpart, you must conduct EPA Method 9 in appendix A to part 60 of this 
chapter according to item 17 in Table 4 to this subpart, and in 
accordance with paragraphs (l)(1) through (3) of this section.
    (1) The minimum distance between the observer and the emission 
source shall be 4.57 meters (15 feet).
    (2) The observer shall, when possible, select a position that 
minimizes interference from other fugitive emission sources (e.g., road 
dust). The required observer position relative to the sun must be 
followed.
    (3) If you use wet dust suppression to control PM from PSH 
operations, a visible mist is sometimes generated by the spray. The 
water mist must not be confused with particulate matter emissions and is 
not to be considered VE. When a water mist of this nature is present, 
you must observe emissions at a point in the plume where the mist is no 
longer visible.



Sec. 63.7113  What are my monitoring installation, operation, and maintenance 

requirements?

    (a) You must install, operate, and maintain each continuous 
parameter monitoring system (CPMS) according to your OM&M plan required 
by

[[Page 60]]

Sec. 63.7100(d) and paragraphs (a)(1) through (5) of this section, and 
you must install, operate, and maintain each continuous opacity 
monitoring system (COMS) as required by paragraph (g) of this section
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) To calculate a valid hourly value, you must have at least four 
equally spaced data values (or at least two, if that condition is 
included to allow for periodic calibration checks) for that hour from a 
CPMS that is not out of control according your OM&M plan, and use all 
valid data.
    (3) To calculate the average for each 3-hour block averaging period, 
you must use all valid data, and you must have at least 66 percent of 
the hourly averages for that period using only hourly average values 
that are based on valid data (i.e., not from out-of-control periods).
    (4) You must conduct a performance evaluation of each CPMS in 
accordance with your OM&M plan.
    (5) You must continuously operate and maintain the CPMS according to 
the OM&M plan, including, but not limited to, maintaining necessary 
parts for routine repairs of the monitoring equipment.
    (b) For each flow measurement device, you must meet the requirements 
in paragraphs (a)(1) through (5) and (b)(1) through (4) of this section.
    (1) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (2) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (3) Conduct a flow sensor calibration check at least semiannually.
    (4) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and (c)(1) through (7) of 
this section.
    (1) Locate the pressure sensor(s) in or as close to as possible a 
position that provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each bag leak detection system (BLDS), you must meet any 
applicable requirements in paragraphs (a)(1) through (5) and (d)(1) 
through (8) of this section.
    (1) The BLDS must be certified by the manufacturer to be capable of 
detecting PM emissions at concentrations of 10 milligrams per actual 
cubic meter (0.0044 grains per actual cubic foot) or less.
    (2) The sensor on the BLDS must provide output of relative PM 
emissions.
    (3) The BLDS must have an alarm that will sound automatically when 
it detects an increase in relative PM emissions greater than a preset 
level.
    (4) The alarm must be located in an area where appropriate plant 
personnel will be able to hear it.
    (5) For a positive-pressure fabric filter (FF), each compartment or 
cell must have a bag leak detector (BLD). For a negative-pressure or 
induced-air FF, the BLD must be installed downstream of the FF. If 
multiple BLD are required (for either type of FF), the detectors may 
share the system instrumentation and alarm.
    (6) Bag leak detection systems must be installed, operated, 
adjusted, and maintained according to the manufacturer's written 
specifications and recommendations. Standard operating procedures must 
be incorporated into the OM&M plan.

[[Page 61]]

    (7) At a minimum, initial adjustment of the system must consist of 
establishing the baseline output in both of the following ways:
    (i) Adjust the range and the averaging period of the device.
    (ii) Establish the alarm set points and the alarm delay time.
    (8) After initial adjustment, the range, averaging period, alarm set 
points, or alarm delay time may not be adjusted except as specified in 
the OM&M plan required by Sec. 63.7100(d). In no event may the range be 
increased by more than 100 percent or decreased by more than 50 percent 
over a 365-day period unless a responsible official, as defined in Sec. 
63.2, certifies in writing to the Administrator that the FF has been 
inspected and found to be in good operating condition.
    (e) For each PM detector, you must meet any applicable requirements 
in paragraphs (a)(1) through (5) and (e)(1) through (8) of this section.
    (1) The PM detector must be certified by the manufacturer to be 
capable of detecting PM emissions at concentrations of 10 milligrams per 
actual cubic meter (0.0044 grains per actual cubic foot) or less.
    (2) The sensor on the PM detector must provide output of relative PM 
emissions.
    (3) The PM detector must have an alarm that will sound automatically 
when it detects an increase in relative PM emissions greater than a 
preset level.
    (4) The alarm must be located in an area where appropriate plant 
personnel will be able to hear it.
    (5) For a positive-pressure electrostatic precipitator (ESP), each 
compartment must have a PM detector. For a negative-pressure or induced-
air ESP, the PM detector must be installed downstream of the ESP. If 
multiple PM detectors are required (for either type of ESP), the 
detectors may share the system instrumentation and alarm.
    (6) Particulate matter detectors must be installed, operated, 
adjusted, and maintained according to the manufacturer's written 
specifications and recommendations. Standard operating procedures must 
be incorporated into the OM&M plan.
    (7) At a minimum, initial adjustment of the system must consist of 
establishing the baseline output in both of the following ways:
    (i) Adjust the range and the averaging period of the device.
    (ii) Establish the alarm set points and the alarm delay time.
    (8) After initial adjustment, the range, averaging period, alarm set 
points, or alarm delay time may not be adjusted except as specified in 
the OM&M plan required by Sec. 63.7100(d). In no event may the range be 
increased by more than 100 percent or decreased by more than 50 percent 
over a 365-day period unless a responsible official as defined in Sec. 
63.2 certifies in writing to the Administrator that the ESP has been 
inspected and found to be in good operating condition.
    (f) For each emission unit equipped with an add-on air pollution 
control device, you must inspect each capture/collection and closed vent 
system at least once each calendar year to ensure that each system is 
operating in accordance with the operating requirements in item 6 of 
Table 2 to this subpart and record the results of each inspection.
    (g) For each COMS used to monitor an add-on air pollution control 
device, you must meet the requirements in paragraphs (g)(1) and (2) of 
this section.
    (1) Install the COMS at the outlet of the control device.
    (2) Install, maintain, calibrate, and operate the COMS as required 
by 40 CFR part 63, subpart A, General Provisions and according to 
Performance Specification (PS)-1 of appendix B to part 60 of this 
chapter. Facilities that operate COMS installed on or before February 6, 
2001, may continue to meet the requirements in effect at the time of 
COMS installation unless specifically required to re-certify the COMS by 
their permitting authority.



Sec. 63.7114  How do I demonstrate initial compliance with the emission 

limitations standard?

    (a) You must demonstrate initial compliance with each emission limit 
in Table 1 to this subpart that applies to you, according to Table 3 to 
this subpart. For existing lime kilns and their associated coolers, you 
may perform

[[Page 62]]

VE measurements in accordance with EPA Method 9 of appendix A to part 60 
in lieu of installing a COMS or PM detector if any of the conditions in 
paragraphs (a)(1) through (3) of this section exist:
    (1) You use a FF for PM control, and the FF is under positive 
pressure and has multiple stacks; or
    (2) The control device exhausts through a monovent; or
    (3) The installation of a COMS in accordance with PS-1 of appendix B 
to part 60 is infeasible.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements in 
Sec. 63.7112(j) and Table 4 to this subpart. Alternative parameters may 
be monitored if approval is obtained according to the procedures in 
Sec. 63.8(f)
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.7130(e).

                   Continuous Compliance Requirements



Sec. 63.7120  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, required 
quality assurance or control activities (including, as applicable, 
calibration checks and required zero adjustments), and except for PSH 
operations subject to monthly VE testing, you must monitor continuously 
(or collect data at all required intervals) at all times that the 
emission unit is operating.
    (c) Data recorded during the conditions described in paragraphs 
(c)(1) through (3) of this section may not be used either in data 
averages or calculations of emission or operating limits; or in 
fulfilling a minimum data availability requirement. You must use all the 
data collected during all other periods in assessing the operation of 
the control device and associated control system.
    (1) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (2) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (3) Start-ups, shutdowns, and malfunctions.



Sec. 63.7121  How do I demonstrate continuous compliance with the emission 

limitations standard?

    (a) You must demonstrate continuous compliance with each emission 
limitation in Tables 1 and 2 to this subpart that applies to you 
according to the methods specified in Tables 5 and 6 to this subpart.
    (b) You must report each instance in which you did not meet each 
operating limit, opacity limit, and VE limit in Tables 2 and 6 to this 
subpart that applies to you. This includes periods of startup, shutdown, 
and malfunction. These instances are deviations from the emission 
limitations in this subpart. These deviations must be reported according 
to the requirements in Sec. 63.7131.
    (c) [Reserved]
    (d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec. 63.6(e)(1). The 
Administrator will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according to 
the provisions in Sec. 63.6(e).
    (e) For each PSH operation subject to an opacity limit as specified 
in Table 1 to this subpart, and any vents from buildings subject to an 
opacity limit, you must conduct a VE check according to item 1 in Table 
6 to this subpart, and as follows:
    (1) Conduct visual inspections that consist of a visual survey of 
each stack or process emission point over the test period to identify if 
there are VE, other than condensed water vapor.
    (2) Select a position at least 15 but not more 1,320 feet from the 
affected emission point with the sun or other light source generally at 
your back.
    (3) The observer conducting the VE checks need not be certified to 
conduct EPA Method 9 in appendix A to part 60

[[Page 63]]

of this chapter, but must meet the training requirements as described in 
EPA Method 22 of appendix A to part 60 of this chapter.
    (f) For existing lime kilns and their associated coolers, you may 
perform VE measurements in accordance with EPA Method 9 of appendix A to 
part 60 in lieu of installing a COMS or PM detector if any of the 
conditions in paragraphs (f)(1) or (3) of this section exist:
    (1) You use a FF for PM control, and the FF is under positive 
pressure and has multiple stacks; or
    (2) The control device exhausts through a monovent; or
    (3) The installation of a COMS in accordance with PS-1 of appendix B 
to part 60 is infeasible.

[69 FR 416, Jan. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006]

                   Notification, Reports, and Records



Sec. 63.7130  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 
63.6(h)(4) and (5); 63.7(b) and (c); 63.8(e); (f)(4) and (6); and 63.9 
(a) through (j) that apply to you, by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you start up your affected 
source before January 5, 2004, you must submit an initial notification 
not later than 120 calendar days after January 5, 2004.
    (c) If you startup your new or reconstructed affected source on or 
after January 5, 2004, you must submit an initial notification not later 
than 120 calendar days after you start up your affected source.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin, as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, opacity observation, VE observation, or other initial 
compliance demonstration as specified in Table 3 or 4 to this subpart, 
you must submit a Notification of Compliance Status according to Sec. 
63.9(h)(2)(ii).
    (1) For each initial compliance demonstration required in Table 3 to 
this subpart that does not include a performance test, you must submit 
the Notification of Compliance Status before the close of business on 
the 30th calendar day following the completion of the initial compliance 
demonstration.
    (2) For each compliance demonstration required in Table 5 to this 
subpart that includes a performance test conducted according to the 
requirements in Table 4 to this subpart, you must submit the 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th calendar day following 
the completion of the performance test according to Sec. 63.10(d)(2).



Sec. 63.7131  What reports must I submit and when?

    (a) You must submit each report listed in Table 7 to this subpart 
that applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date specified in Table 7 to this subpart and according to the 
requirements in paragraphs (b)(1) through (5) of this section:
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.7083 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first half calendar year after the 
compliance date that is specified for your source in Sec. 63.7083.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first half calendar year after the compliance date that is specified for 
your affected source in Sec. 63.7083.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.

[[Page 64]]

    (5) For each affected source that is subject to permitting 
regulations pursuant to part 70 or part 71 of this chapter, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to Sec. Sec. 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) 
of this chapter, you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates specified in paragraphs (b)(1) through 
(4) of this section.
    (c) The compliance report must contain the information specified in 
paragraphs (c)(1) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown or malfunction during the 
reporting period and you took actions consistent with your SSMP, the 
compliance report must include the information in Sec. 63.10(d)(5)(i).
    (5) If there were no deviations from any emission limitations 
(emission limit, operating limit, opacity limit, and VE limit) that 
apply to you, the compliance report must include a statement that there 
were no deviations from the emission limitations during the reporting 
period.
    (6) If there were no periods during which the continuous monitoring 
systems (CMS) were out-of-control as specified in Sec. 63.8(c)(7), a 
statement that there were no periods during which the CMS were out-of-
control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and VE limit) that occurs at an affected 
source where you are not using a CMS to comply with the emission 
limitations in this subpart, the compliance report must contain the 
information specified in paragraphs (c)(1) through (4) and (d)(1) and 
(2) of this section. The deviations must be reported in accordance with 
the requirements in Sec. 63.10(d).
    (1) The total operating time of each emission unit during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and VE limit) occurring at an affected 
source where you are using a CMS to comply with the emission limitation 
in this subpart, you must include the information specified in 
paragraphs (c)(1) through (4) and (e)(1) through (11) of this section. 
This includes periods of startup, shutdown, and malfunction.
    (1) The date and time that each malfunction started and stopped.
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time and duration that each CMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (5) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percent of the total 
affected source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total emission unit operating time during that reporting period.
    (8) A brief description of the process units.
    (9) A brief description of the CMS.
    (10) The date of the latest CMS certification or audit.
    (11) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (f) Each facility that has obtained a title V operating permit 
pursuant to

[[Page 65]]

part 70 or part 71 of this chapter must report all deviations as defined 
in this subpart in the semiannual monitoring report required by 
Sec. Sec. 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) of this chapter. If 
you submit a compliance report specified in Table 7 to this subpart 
along with, or as part of, the semiannual monitoring report required by 
Sec. Sec. 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) of this chapter, and 
the compliance report includes all required information concerning 
deviations from any emission limitation (including any operating limit), 
submission of the compliance report shall be deemed to satisfy any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a compliance report shall not otherwise 
affect any obligation you may have to report deviations from permit 
requirements to the permit authority.



Sec. 63.7132  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, performance evaluations, and 
opacity and VE observations as required in Sec. 63.10(b)(2)(viii).
    (b) You must keep the records in Sec. 63.6(h)(6) for VE 
observations.
    (c) You must keep the records required by Tables 5 and 6 to this 
subpart to show continuous compliance with each emission limitation that 
applies to you.
    (d) You must keep the records which document the basis for the 
initial applicability determination as required under Sec. 63.7081.



Sec. 63.7133  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You may keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7140  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you. When there is overlap 
between subpart A and subpart AAAAA, as indicated in the 
``Explanations'' column in Table 8, subpart AAAAA takes precedence.



Sec. 63.7141  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or by a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency (as well as the U.S. 
EPA) has the authority to implement and enforce this subpart. You should 
contact your U.S. EPA Regional Office to find out if this subpart is 
delegated to your 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 the U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (6) of 
this section.
    (1) Approval of alternatives to the non-opacity emission limitations 
in Sec. 63.7090(a).

[[Page 66]]

    (2) Approval of alternative opacity emission limitations in Sec. 
63.7090(a).
    (3) Approval of alternatives to the operating limits in Sec. 
63.7090(b).
    (4) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (5) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (6) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.7142  What are the requirements for claiming area source status?

    (a) If you wish to claim that your LMP is an area source, you must 
measure the emissions of hydrogen chloride from all lime kilns, except 
as provided in paragraph (c) of this section, at your plant using 
either:
    (1) EPA Method 320 of appendix A to this part,
    (2) EPA Method 321 of appendix A to this part, or
    (3) ASTM Method D6735-01, Standard Test Method for Measurement of 
Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Sources--
Impinger Method, provided that the provisions in paragraphs (a)(3)(i) 
through (vi) of this section are followed.
    (i) 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.
    (ii) You must calculate the test run standard deviation of each set 
of paired samples to quantify data precision, according to Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.003

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.

    (iii) You must calculate the test average relative standard 
deviation according to Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.004

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.

    (iv) If RSD\TA\ is greater than 20 percent, the data are invalid and 
the test must be repeated.
    (v) 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.
    (vi) 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.
    (b) If you conduct tests to determine the rates of emission of 
specific organic HAP from lime kilns at LMP for use in applicability 
determinations under Sec. 63.7081, you may use either:
    (1) Method 320 of appendix A to this part, or
    (2) Method 18 of appendix A to part 60 of this chapter, or
    (3) ASTM D6420-99, Standard Test Method for Determination of Gaseous 
Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry (GC/MS), provided that the provisions of paragraphs 
(b)(3)(i) through (iv) of this section are followed:
    (i) The target compound(s) are those listed in section 1.1 of ASTM 
D6420-99;
    (ii) The target concentration is between 150 parts per billion by 
volume and 100 parts per million by volume;
    (iii) For target compound(s) not listed in Table 1.1 of ASTM D6420-
99, but

[[Page 67]]

potentially detected by mass spectrometry, the additional system 
continuing calibration check after each run, as detailed in section 
10.5.3 of ASTM D6420-99, is conducted, met, documented, and submitted 
with the data report, even if there is no moisture condenser used or the 
compound is not considered water soluble; and
    (iv) For target compound(s) not listed in Table 1.1 of ASTM D6420-
99, and not amenable to detection by mass spectrometry, ASTM D6420-99 
may not be used.
    (c) It is left to the discretion of the permitting authority whether 
or not idled kilns must be tested for (HCl) to claim area source status. 
If the facility has kilns that use common feed materials and fuel, are 
essentially identical in design, and use essentially identical emission 
controls, the permitting authority may also determine if one kiln can be 
tested, and the HCl emissions for the other essentially identical kilns 
be estimated from that test.



Sec. 63.7143  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, and in this section as follows:
    Bag leak detector system (BLDS) is a type of PM detector used on FF 
to identify an increase in PM emissions resulting from a broken filter 
bag or other malfunction and sound an alarm.
    Belt conveyor means a conveying device that transports processed 
stone from one location to another by means of an endless belt that is 
carried on a series of idlers and routed around a pulley at each end.
    Bucket elevator means a processed stone conveying device consisting 
of a head and foot assembly which supports and drives an endless single 
or double strand chain or belt to which buckets are attached.
    Building means any frame structure with a roof.
    Capture system means the equipment (including enclosures, hoods, 
ducts, fans, dampers, etc.) used to capture and transport PM to a 
control device.
    Control device means the air pollution control equipment used to 
reduce PM emissions released to the atmosphere from one or more process 
operations at an LMP.
    Conveying system means a device for transporting processed stone 
from one piece of equipment or location to another location within a 
plant. Conveying systems include but are not limited to feeders, belt 
conveyors, bucket elevators and pneumatic systems.
    Deviation means any instance in which an affected source, subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
any operating limit);
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) in this subpart during startup, shutdown, or malfunction, 
regardless of whether or not such failure is allowed by this subpart.
    Emission limitation means any emission limit, opacity limit, 
operating limit, or VE limit.
    Emission unit means a lime kiln, lime cooler, storage bin, conveying 
system transfer point, bulk loading or unloading operation, bucket 
elevator or belt conveyor at an LMP.
    Fugitive emission means PM that is not collected by a capture 
system.
    Hydrator means the device used to produce hydrated lime or calcium 
hydroxide via the chemical reaction of the lime product with water.
    Lime cooler means the device external to the lime kiln (or part of 
the lime kiln itself) used to reduce the temperature of the lime 
produced by the kiln.
    Lime kiln means the device, including any associated preheater, used 
to produce a lime product from stone feed by calcination. Kiln types 
include, but are not limited to, rotary kiln, vertical kiln, rotary 
hearth kiln, double-shaft vertical kiln, and fluidized bed kiln.
    Lime manufacturing plant (LMP) means any plant which uses a lime 
kiln

[[Page 68]]

to produce lime product from limestone or other calcareous material by 
calcination.
    Lime product means the product of the lime kiln calcination process 
including, calcitic lime, dolomitic lime, and dead-burned dolomite.
    Limestone means the material comprised primarily of calcium 
carbonate (referred to sometimes as calcitic or high calcium limestone), 
magnesium carbonate, and/or the double carbonate of both calcium and 
magnesium (referred to sometimes as dolomitic limestone or dolomite).
    Monovent means an exhaust configuration of a building or emission 
control device (e.g., positive pressure FF) 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.
    Particulate matter (PM) detector means a system that is continuously 
capable of monitoring PM loading in the exhaust of FF or ESP in order to 
detect bag leaks, upset conditions, or control device malfunctions and 
sounds an alarm at a preset level. A PM detector system includes, but is 
not limited to, an instrument that operates on triboelectric, light 
scattering, light transmittance, or other effects to continuously 
monitor relative particulate loadings. A BLDS is a type of PM detector.
    Positive pressure FF or ESP means a FF or ESP with the fan(s) on the 
upstream side of the control device.
    Process stone handling operations means the equipment and transfer 
points between the equipment used to transport processed stone, and 
includes, storage bins, conveying system transfer points, bulk loading 
or unloading systems, screening operations, bucket elevators, and belt 
conveyors.
    Processed stone means limestone or other calcareous material that 
has been processed to a size suitable for feeding into a lime kiln.
    Screening operation means a device for separating material according 
to size by passing undersize material through one or more mesh surfaces 
(screens) in series and retaining oversize material on the mesh surfaces 
(screens).
    Stack emissions means the PM that is released to the atmosphere from 
a capture system or control device.
    Storage bin means a manmade enclosure for storage (including surge 
bins) of processed stone prior to the lime kiln.
    Transfer point means a point in a conveying operation where the 
material is transferred to or from a belt conveyor.
    Vent means an opening through which there is mechanically induced 
air flow for the purpose of exhausting from a building air carrying PM 
emissions from one or more emission units.



        Sec. Table 1 to Subpart AAAAA of Part 63--Emission Limits

    As required in Sec. 63.7090(a), you must meet each emission limit 
in the following table that applies to you.

------------------------------------------------------------------------
                                           You must meet the following
               For . . .                          emission limit
------------------------------------------------------------------------
1. Existing lime kilns and their         PM emissions must not exceed
 associated lime coolers that did not     0.12 pounds per ton of stone
 have a wet scrubber installed and        feed (lb/tsf).
 operating prior to January 5, 2004.
2. Existing lime kilns and their         PM emissions must not exceed
 associated lime coolers that have a      0.60 lb/tsf. If at any time
 wet scrubber, where the scrubber         after January 5, 2004 the kiln
 itself was installed and operating       changes to a dry control
 prior to January 5, 2004.                system, then the PM emission
                                          limit in item 1 of this Table
                                          1 applies, and the kiln is
                                          hereafter ineligible for the
                                          PM emission limit in item 2 of
                                          this Table 1 regardless of the
                                          method of PM control.
3. New lime kilns and their associated   PM emissions must not exceed
 lime coolers.                            0.10 lb/tsf.

[[Page 69]]

 
4. All existing and new lime kilns and   Weighted average PM emissions
 their associated coolers at your LMP,    calculated according to Eq. 2
 and you choose to average PM             in Sec.  63.7112 must not
 emissions, except that any kiln that     exceed 0.12 lb/tsf (if you are
 is allowed to meet the 0.60 lb/tsf PM    averaging only existing kilns)
 emission limit is ineligible for         or 0.10 lb/tsf (if you are
 averaging.                               averaging only new kilns). If
                                          you are averaging existing and
                                          new kilns, your weighted
                                          average PM emissions must not
                                          exceed the weighted average
                                          emission limit calculated
                                          according to Eq. 3 in Sec.
                                          63.7112, except that no new
                                          kiln and its associated cooler
                                          considered alone may exceed an
                                          average PM emissions limit of
                                          0.10 lb/tsf.
5. Stack emissions from all PSH          PM emissions must not exceed
 operations at a new or existing          0.05 grams per dry standard
 affected source.                         cubic meter (g/dscm).
6. Stack emissions from all PSH          Emissions must not exceed 7
 operations at a new or existing          percent opacity.
 affected source, unless the stack
 emissions are discharged through a wet
 scrubber control device.
7. Fugitive emissions from all PSH       Emissions must not exceed 10
 operations at a new or existing          percent opacity.
 affected source, except as provided by
 item 8 of this Table 1.
8. All PSH operations at a new or        All of the individually
 existing affected source enclosed in a   affected PSH operations must
 building.                                comply with the applicable PM
                                          and opacity emission
                                          limitations in items 5 through
                                          7 of this Table 1, or the
                                          building must comply with the
                                          following: There must be no VE
                                          from the building, except from
                                          a vent; and vent emissions
                                          must not exceed the stack
                                          emissions limitations in items
                                          5 and 6 of this Table 1.
9. Each FF that controls emissions from  Emissions must not exceed 7
 only an individual, enclosed storage     percent opacity.
 bin.
10. Each set of multiple storage bins    You must comply with the
 at a new or existing affected source,    emission limits in items 5 and
 with combined stack emissions.           6 of this Table 1.
------------------------------------------------------------------------



       Sec. Table 2 to Subpart AAAAA of Part 63--Operating Limits

    As required in Sec. 63.7090(b), you must meet each operating limit 
in the following table that applies to you.

------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each lime kiln and each lime cooler   Maintain and operate the FF
 (if there is a separate exhaust to the   such that the BLDS or PM
 atmosphere from the associated lime      detector alarm condition does
 cooler) equipped with an FF.             not exist for more than 5
                                          percent of the total operating
                                          time in a 6-month period; and
                                          comply with the requirements
                                          in Sec.  63.7113(d) through
                                          (f) and Table 5 to this
                                          subpart. In lieu of a BLDS or
                                          PM detector maintain the FF
                                          such that the 6-minute average
                                          opacity for any 6-minute block
                                          period does not exceed 15
                                          percent; and comply with the
                                          requirements in Sec.
                                          63.7113(f) and (g) and Table 5
                                          to this subpart.
2. Each lime kiln equipped with a wet    Maintain the 3-hour block
 scrubber.                                exhaust gas stream pressure
                                          drop across the wet scrubber
                                          greater than or equal to the
                                          pressure drop operating limit
                                          established during the most
                                          recent PM performance test;
                                          and maintain the 3-hour block
                                          scrubbing liquid flow rate
                                          greater than the flow rate
                                          operating limit established
                                          during the most recent
                                          performance test.
3. Each lime kiln equipped with an       Install a PM detector and
 electrostatic precipitator.              maintain and operate the ESP
                                          such that the PM detector
                                          alarm is not activated and
                                          alarm condition does not exist
                                          for more than 5 percent of the
                                          total operating time in a 6-
                                          month period, and comply with
                                          Sec.  63.7113(e); or,
                                          maintain the ESP such that the
                                          6-minute average opacity for
                                          any 6-minute block period does
                                          not exceed 15 percent, and
                                          comply with the requirements
                                          in Sec.  63.7113(g); and
                                          comply with the requirements
                                          in Sec.  63.7113(f) and Table
                                          5 to this subpart.
4. Each PSH operation subject to a PM    Maintain the 3-hour block
 limit which uses a wet scrubber.         average exhaust gas stream
                                          pressure drop across the wet
                                          scrubber greater than or equal
                                          to the pressure drop operating
                                          limit established during the
                                          PM performance test; and
                                          maintain the 3-hour block
                                          average scrubbing liquid flow
                                          rate greater than or equal to
                                          the flow rate operating limit
                                          established during the
                                          performance test.
5. All affected sources................  Prepare a written OM&M plan;
                                          the plan must include the
                                          items listed in Sec.
                                          63.7100(d) and the corrective
                                          actions to be taken when
                                          required in Table 5 to this
                                          subpart.

[[Page 70]]

 
6. Each emission unit equipped with an   a. Vent captured emissions
 add-on air pollution control device.     through a closed system,
                                          except that dilution air may
                                          be added to emission streams
                                          for the purpose of controlling
                                          temperature at the inlet to an
                                          FF; and
                                         b. Operate each capture/
                                          collection system according to
                                          the procedures and
                                          requirements in the OM&M plan.
------------------------------------------------------------------------



   Sec. Table 3 to Subpart AAAAA of Part 63--Initial Compliance With 

                             Emission Limits

    As required in Sec. 63.7114, you must demonstrate initial 
compliance with each emission limitation that applies to you, according 
to the following table.

------------------------------------------------------------------------
                                                           You have
                                                         demonstrated
                                                            initial
                                   For the following    compliance, if
            For . . .             emission limit . .    after following
                                           .           the requirements
                                                       in Sec.  63.7112
                                                             . . .
------------------------------------------------------------------------
1. All new or existing lime       PM emissions must   The kiln outlet PM
 kilns and their associated lime   not exceed 0.12     emissions (and if
 coolers (kilns/coolers).          lb/tsf for all      applicable,
                                   existing kilns/     summed with the
                                   coolers with dry    separate cooler
                                   controls, 0.60 lb/  PM emissions),
                                   tsf for existing    based on the PM
                                   kilns/coolers       emissions
                                   with wet            measured using
                                   scrubbers, 0.10     Method 5 in
                                   lb/tsf for all      appendix A to
                                   new kilns/          part 60 of this
                                   coolers, or a       chapter and the
                                   weighted average    stone feed rate
                                   calculated          measurement over
                                   according to Eq.    the period of
                                   3 in Sec.          initial
                                   63.7112.            performance test,
                                                       do not exceed the
                                                       emission limit;
                                                       if the lime kiln
                                                       is controlled by
                                                       an FF or ESP and
                                                       you are opting to
                                                       monitor PM
                                                       emissions with a
                                                       BLDS or PM
                                                       detector, you
                                                       have installed
                                                       and are operating
                                                       the monitoring
                                                       device according
                                                       to the
                                                       requirements in
                                                       Sec.  63.7113(d)
                                                       or (e),
                                                       respectively; and
                                                       if the lime kiln
                                                       is controlled by
                                                       an FF or ESP and
                                                       you are opting to
                                                       monitor PM
                                                       emissions using a
                                                       COMS, you have
                                                       installed and are
                                                       operating the
                                                       COMS according to
                                                       the requirements
                                                       in Sec.
                                                       63.7113(g).
2. Stack emissions from all PHS   PM emissions must   The outlet PM
 operations at a new or existing   not exceed 0.05 g/  emissions, based
 affected source.                  dscm.               on Method 5 or
                                                       Method 17 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, over the
                                                       period of the
                                                       initial
                                                       performance test
                                                       do not exceed
                                                       0.05 g/dscm; and
                                                       if the emission
                                                       unit is
                                                       controlled with a
                                                       wet scrubber, you
                                                       have a record of
                                                       the scrubber's
                                                       pressure drop and
                                                       liquid flow rate
                                                       operating
                                                       parameters over
                                                       the 3-hour
                                                       performance test
                                                       during which
                                                       emissions did not
                                                       exceed the
                                                       emissions
                                                       limitation.
3. Stack emissions from all PSH   Emissions must not  Each of the thirty
 operations at a new or existing   exceed 7 percent    6-minute opacity
 affected source, unless the       opacity.            averages during
 stack emissions are discharged                        the initial
 through a wet scrubber control                        compliance
 device.                                               period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 7
                                                       percent opacity
                                                       limit. At least
                                                       thirty 6-minute
                                                       averages must be
                                                       obtained.
4. Fugitive emissions from all    Emissions must not  Each of the 6-
 PSH operations at a new or        exceed 10 percent   minute opacity
 existing affected source.         opacity.            averages during
                                                       the initial
                                                       compliance
                                                       period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 10
                                                       percent opacity
                                                       limit.

[[Page 71]]

 
5. All PSH operations at a new    All of the          All the PSH
 or existing affected source,      individually        operations
 enclosed in building.             affected PSH        enclosed in the
                                   operations must     building have
                                   comply with the     demonstrated
                                   applicable PM and   initial
                                   opacity emission    compliance
                                   limitations for     according to the
                                   items 2 through 4   applicable
                                   of this Table 3,    requirements for
                                   or the building     items 2 through 4
                                   must comply with    of this Table 3;
                                   the following:      or if you are
                                   There must be no    complying with
                                   VE from the         the building
                                   building, except    emission
                                   from a vent, and    limitations,
                                   vent emissions      there are no VE
                                   must not exceed     from the building
                                   the emission        according to item
                                   limitations in      18 of Table 4 to
                                   items 2 and 3 of    this subpart and
                                   this Table 3.       Sec.
                                                       63.7112(k), and
                                                       you demonstrate
                                                       initial
                                                       compliance with
                                                       applicable
                                                       building vent
                                                       emissions
                                                       limitations
                                                       according to the
                                                       requirements in
                                                       items 2 and 3 of
                                                       this Table 3.
6. Each FF that controls          Emissions must not  Each of the ten 6-
 emissions from only an            exceed 7 percent    minute averages
 individual storage bin.           opacity.            during the 1-hour
                                                       initial
                                                       compliance
                                                       period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 7
                                                       percent opacity
                                                       limit.
7. Each set of multiple storage   You must comply     You demonstrate
 bins with combined stack          with emission       initial
 emissions.                        limitations in      compliance
                                   items 2 and 3 of    according to the
                                   this Table 3.       requirements in
                                                       items 2 and 3 of
                                                       this Table 3.
------------------------------------------------------------------------



 Sec. Table 4 to Subpart AAAAA of Part 63--Requirements for Performance 

                                  Tests

    As required in Sec. 63.7112, you must conduct each performance test 
in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                     You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Each lime kiln and each associated  Select the location of   Method 1 or 1A of        Sampling sites must be
 lime cooler, if there is a separate    the sampling port and    appendix A to part 60    located at the outlet
 exhaust to the atmosphere from the     the number of traverse   of this chapter; and     of the control
 associated lime cooler.                ports.                   Sec.  63.6(d)(1)(i).    device(s) and prior to
                                                                                          any releases to the
                                                                                          atmosphere.
2. Each lime kiln and each associated  Determine velocity and   Method 2, 2A, 2C, 2D,    Not applicable.
 lime cooler, if there is a separate    volumetric flow rate.    2F, or 2G in appendix
 exhaust to the atmosphere from the                              A to part 60 of this
 associated lime cooler.                                         chapter.
3. Each lime kiln and each associated  Conduct gas molecular    Method 3, 3A, or 3B in   Not applicable.
 lime cooler, if there is a separate    weight analysis.         appendix A to part 60
 exhaust to the atmosphere from the                              of this chapter.
 associated lime cooler.
4. Each lime kiln and each associated  Measure moisture         Method 4 in appendix A   Not applicable.
 lime cooler, if there is a separate    content of the stack     to part 60 of this
 exhaust to the atmosphere from the     gas.                     chapter.
 associated lime cooler.
5. Each lime kiln and each associated  Measure PM emissions...  Method 5 in appendix A   Conduct the test(s)
 lime cooler, if there is a separate                             to part 60 of this       when the source is
 exhaust to the atmosphere from the                              chapter.                 operating at
 associated lime cooler, and which                                                        representative
 uses a negative pressure PM control                                                      operating conditions
 device.                                                                                  in accordance with
                                                                                          Sec.  63.7(e); the
                                                                                          minimum sampling
                                                                                          volume must be 0.85
                                                                                          dry standard cubic
                                                                                          meter (dscm) (30 dry
                                                                                          standard cubic foot
                                                                                          (dscf)); if there is a
                                                                                          separate lime cooler
                                                                                          exhaust to the
                                                                                          atmosphere, you must
                                                                                          conduct the Method 5
                                                                                          test of the cooler
                                                                                          exhaust concurrently
                                                                                          with the kiln exhaust
                                                                                          test.

[[Page 72]]

 
6. Each lime kiln and each associated  Measure PM emissions...  Method 5D in appendix A  Conduct the test(s)
 lime cooler, if there is a separate                             to part 60 of this       when the source is
 exhaust to the atmosphere from the                              chapter.                 operating at
 associated lime cooler, and which                                                        representative
 uses a positive pressure FF or ESP.                                                      operating conditions
                                                                                          in accordance with
                                                                                          Sec.  63.7(e); if
                                                                                          there is a separate
                                                                                          lime cooler exhaust to
                                                                                          the atmosphere, you
                                                                                          must conduct the
                                                                                          Method 5 test of the
                                                                                          separate cooler
                                                                                          exhaust concurrently
                                                                                          with the kiln exhaust
                                                                                          test.
7. Each lime kiln....................  Determine the mass rate  Any suitable device....  Calibrate and maintain
                                        of stone feed to the                              the device according
                                        kiln during the kiln                              to manufacturer's
                                        PM emissions test.                                instructions; the
                                                                                          measuring device used
                                                                                          must be accurate to
                                                                                          within 5 percent of
                                                                                          the mass rate of stone
                                                                                          feed over its
                                                                                          operating range.
8. Each lime kiln equipped with a wet  Establish the operating  Data for the gas stream  The continuous pressure
 scrubber.                              limit for the average    pressure drop            drop measurement
                                        gas stream pressure      measurement device       device must be
                                        drop across the wet      during the kiln PM       accurate within plus
                                        scrubber.                performance test.        or minus 1 percent;
                                                                                          you must collect the
                                                                                          pressure drop data
                                                                                          during the period of
                                                                                          the performance test
                                                                                          and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
9. Each lime kiln equipped with a wet  Establish the operating  Data from the liquid     The continuous
 scrubber.                              limit for the average    flow rate measurement    scrubbing liquid flow
                                        liquid flow rate to      device during the kiln   rate measuring device
                                        the scrubber.            PM performance test.     must be accurate
                                                                                          within plus or minus 1
                                                                                          percent; you must
                                                                                          collect the flow rate
                                                                                          data during the period
                                                                                          of the performance
                                                                                          test and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
10. Each lime kiln equipped with a FF  Have installed and have  Standard operating       According to the
 or ESP that is monitored with a PM     operating the BLDS or    procedures               requirements in Sec.
 detector.                              PM detector prior to     incorporated into the    63.7113(d) or (e),
                                        the performance test.    OM&M plan.               respectively.
11. Each lime kiln equipped with a FF  Have installed and have  Standard operating       According to the
 or ESP that is monitored with a COMS.  operating the COMS       procedures               requirements in Sec.
                                        prior to the             incorporated into the    63.7113(g).
                                        performance test.        OM&M plan and as
                                                                 required by 40 CFR
                                                                 part 63, subpart A,
                                                                 General Provisions and
                                                                 according to PS-1 of
                                                                 appendix B to part 60
                                                                 of this chapter,
                                                                 except as specified in
                                                                 Sec.  63.7113(g)(2).
12. Each stack emission from a PSH     Measure PM emissions...  Method 5 or Method 17    The sample volume must
 operation, vent from a building                                 in appendix A to part    be at least 1.70 dscm
 enclosing a PSH operation, or set of                            60 of this chapter.      (60 dscf); for Method
 multiple storage bins with combined                                                      5, if the gas stream
 stack emissions, which is subject to                                                     being sampled is at
 a PM emission limit.                                                                     ambient temperature,
                                                                                          the sampling probe and
                                                                                          filter may be operated
                                                                                          without heaters; and
                                                                                          if the gas stream is
                                                                                          above ambient
                                                                                          temperature, the
                                                                                          sampling probe and
                                                                                          filter may be operated
                                                                                          at a temperature high
                                                                                          enough, but no higher
                                                                                          than 121 [deg]C (250
                                                                                          [deg]F), to prevent
                                                                                          water condensation on
                                                                                          the filter (Method 17
                                                                                          may be used only with
                                                                                          exhaust gas
                                                                                          temperatures of not
                                                                                          more than 250 [deg]F).

[[Page 73]]

 
13. Each stack emission from a PSH     Conduct opacity          Method 9 in appendix A   The test duration must
 operation, vent from a building        observations.            to part 60 of this       be for at least 3
 enclosing a PSH operation, or set of                            chapter.                 hours and you must
 multiple storage bins with combined                                                      obtain at least
 stack emissions, which is subject to                                                     thirty, 6-minute
 an opacity limit.                                                                        averages.
14. Each stack emissions source from   Establish the average    Data for the gas stream  The pressure drop
 a PSH operation subject to a PM or     gas stream pressure      pressure drop            measurement device
 opacity limit, which uses a wet        drop across the wet      measurement device       must be accurate
 scrubber.                              scrubber.                during the PSH           within plus or minus 1
                                                                 operation stack PM       percent; you must
                                                                 performance test.        collect the pressure
                                                                                          drop data during the
                                                                                          period of the
                                                                                          performance test and
                                                                                          determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
15. Each stack emissions source from   Establish the operating  Data from the liquid     The continuous
 a PSH operation subject to a PM or     limit for the average    flow rate measurement    scrubbing liquid flow
 opacity limit, which uses a wet        liquid flow rate to      device during the PSH    rate measuring device
 scrubber.                              the scrubber.            operation stack PM       must be accurate
                                                                 performance test.        within plus or minus 1
                                                                                          percent; you must
                                                                                          collect the flow rate
                                                                                          data during the period
                                                                                          of the performance
                                                                                          test and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
16. Each FF that controls emissions    Conduct opacity          Method 9 in appendix A   The test duration must
 from only an individual, enclosed,     observations.            to part 60 of this       be for at least 1 hour
 new or existing storage bin.                                    chapter.                 and you must obtain
                                                                                          ten 6-minute averages.
17. Fugitive emissions from any PSH    Conduct opacity          Method 9 in appendix A   The test duration must
 operation subject to an opacity        observations.            to part 60 of this       be for at least 3
 limit.                                                          chapter.                 hours, but the 3-hour
                                                                                          test may be reduced to
                                                                                          1 hour if, during the
                                                                                          first 1-hour period,
                                                                                          there are no
                                                                                          individual readings
                                                                                          greater than 10
                                                                                          percent opacity and
                                                                                          there are no more than
                                                                                          three readings of 10
                                                                                          percent during the
                                                                                          first 1-hour period.
18. Each building enclosing any PSH    Conduct VE check.......  The specifications in    The performance test
 operation, that is subject to a VE                              Sec.  63.7112(k).       must be conducted
 limit.                                                                                   while all affected PSH
                                                                                          operations within the
                                                                                          building are
                                                                                          operating; the
                                                                                          performance test for
                                                                                          each affected building
                                                                                          must be at least 75
                                                                                          minutes, with each
                                                                                          side of the building
                                                                                          and roof being
                                                                                          observed for at least
                                                                                          15 minutes.
----------------------------------------------------------------------------------------------------------



  Sec. Table 5 to Subpart AAAAA of Part 63--Continuous Compliance With 

                            Operating Limits

    As required in Sec. 63.7121, you must demonstrate continuous 
compliance with each operating limit that applies to you, according to 
the following table:

[[Page 74]]



------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
            For . . .              operating limit .      continuous
                                          . .          compliance by . .
                                                               .
------------------------------------------------------------------------
1. Each lime kiln controlled by   Maintain the 3-     Collecting the wet
 a wet scrubber.                   hour block          scrubber
                                   average exhaust     operating data
                                   gas stream          according to all
                                   pressure drop       applicable
                                   across the wet      requirements in
                                   scrubber greater    Sec.  63.7113
                                   than or equal to    and reducing the
                                   the pressure drop   data according to
                                   operating limit     Sec.
                                   established         63.7113(a);
                                   during the PM       maintaining the 3-
                                   performance test;   hour block
                                   and maintain the    average exhaust
                                   3-hour block        gas stream
                                   average scrubbing   pressure drop
                                   liquid flow rate    across the wet
                                   greater than or     scrubber greater
                                   equal to the flow   than or equal to
                                   rate operating      the pressure drop
                                   limit established   operating limit
                                   during the          established
                                   performance test.   during the PM
                                                       performance test;
                                                       and maintaining
                                                       the 3-hour block
                                                       average scrubbing
                                                       liquid flow rate
                                                       greater than or
                                                       equal to the flow
                                                       rate operating
                                                       limit established
                                                       during the
                                                       performance test
                                                       (the continuous
                                                       scrubbing liquid
                                                       flow rate
                                                       measuring device
                                                       must be accurate
                                                       within 1
                                                       % and the
                                                       continuous
                                                       pressure drop
                                                       measurement
                                                       device must be
                                                       accurate within
                                                       1%).
2. Each lime kiln or lime cooler  a. Maintain and     (i) Operating the
 equipped with a FF and using a    operate the FF or   FF or ESP so that
 BLDS, and each lime kiln          ESP such that the   the alarm on the
 equipped with an ESP or FF        bag leak or PM      bag leak or PM
 using a PM detector.              detector alarm,     detection system
                                   is not activated    is not activated
                                   and alarm           and an alarm
                                   condition does      condition does
                                   not exist for       not exist for
                                   more than 5         more than 5
                                   percent of the      percent of the
                                   total operating     total operating
                                   time in each 6-     time in each 6-
                                   month period.       month reporting
                                                       period; and
                                                       continuously
                                                       recording the
                                                       output from the
                                                       BLD or PM
                                                       detection system;
                                                       and
                                                      (ii) Each time the
                                                       alarm sounds and
                                                       the owner or
                                                       operator
                                                       initiates
                                                       corrective
                                                       actions within 1
                                                       hour of the
                                                       alarm, 1 hour of
                                                       alarm time will
                                                       be counted (if
                                                       the owner or
                                                       operator takes
                                                       longer than 1
                                                       hour to initiate
                                                       corrective
                                                       actions, alarm
                                                       time will be
                                                       counted as the
                                                       actual amount of
                                                       time taken by the
                                                       owner or operator
                                                       to initiate
                                                       corrective
                                                       actions); if
                                                       inspection of the
                                                       FF or ESP system
                                                       demonstrates that
                                                       no corrective
                                                       actions are
                                                       necessary, no
                                                       alarm time will
                                                       be counted.
3. Each stack emissions source    Maintain the 3-     Collecting the wet
 from a PSH operation subject to   hour block          scrubber
 an opacity limit, which is        average exhaust     operating data
 controlled by a wet scrubber.     gas stream          according to all
                                   pressure drop       applicable
                                   across the wet      requirements in
                                   scrubber greater    Sec.  63.7113
                                   than or equal to    and reducing the
                                   the pressure drop   data according to
                                   operating limit     Sec.
                                   established         63.7113(a);
                                   during the PM       maintaining the 3-
                                   performance test;   hour block
                                   and maintain the    average exhaust
                                   3-hour block        gas stream
                                   average scrubbing   pressure drop
                                   liquid flow rate    across the wet
                                   greater than or     scrubber greater
                                   equal to the flow   than or equal to
                                   rate operating      the pressure drop
                                   limit established   operating limit
                                   during the          established
                                   performance test.   during the PM
                                                       performance test;
                                                       and maintaining
                                                       the 3-hour block
                                                       average scrubbing
                                                       liquid flow rate
                                                       greater than or
                                                       equal to the flow
                                                       rate operating
                                                       limit established
                                                       during the
                                                       performance test
                                                       (the continuous
                                                       scrubbing liquid
                                                       flow rate
                                                       measuring device
                                                       must be accurate
                                                       within 1
                                                       % and the
                                                       continuous
                                                       pressure drop
                                                       measurement
                                                       device must be
                                                       accurate within
                                                       1%).
4. For each lime kiln or lime     a. Maintain and     i. Installing,
 cooler equipped with a FF or an   operate the FF or   maintaining,
 ESP that uses a COMS as the       ESP such that the   calibrating and
 monitoring device.                average opacity     operating a COMS
                                   for any 6-minute    as required by 40
                                   block period does   CFR part 63,
                                   not exceed 15       subpart A,
                                   percent.            General
                                                       Provisions and
                                                       according to PS-1
                                                       of appendix B to
                                                       part 60 of this
                                                       chapter, except
                                                       as specified in
                                                       Sec.
                                                       63.7113(g)(2);
                                                       and

[[Page 75]]

 
                                                      ii. Collecting the
                                                       COMS data at a
                                                       frequency of at
                                                       least once every
                                                       15 seconds,
                                                       determining block
                                                       averages for each
                                                       6-minute period
                                                       and demonstrating
                                                       for each 6-minute
                                                       block period the
                                                       average opacity
                                                       does not exceed
                                                       15 percent.
------------------------------------------------------------------------



   Sec. Table 6 to Subpart AAAAA of Part 63--Periodic Monitoring for 

          Compliance With Opacity and Visible Emissions Limits

    As required in Sec. 63.7121 you must periodically demonstrate 
compliance with each opacity and VE limit that applies to you, according 
to the following table:

------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
            For . . .                  emission       ongoing compliance
                                   limitation . . .          . . .
------------------------------------------------------------------------
1. Each PSH operation subject to  a. 7-10 percent     (i) Conducting a
 an opacity limitation as          opacity,            monthly 1-minute
 required in Table 1 to this       depending on the    VE check of each
 subpart, or any vents from        PSH operation, as   emission unit in
 buildings subject to an opacity   required in Table   accordance with
 limitation.                       1 to this subpart.  Sec.
                                                       63.7121(e); the
                                                       check must be
                                                       conducted while
                                                       the affected
                                                       source is in
                                                       operation;
                                                      (ii) If no VE are
                                                       observed in 6
                                                       consecutive
                                                       monthly checks
                                                       for any emission
                                                       unit, you may
                                                       decrease the
                                                       frequency of VE
                                                       checking from
                                                       monthly to semi-
                                                       annually for that
                                                       emission unit; if
                                                       VE are observed
                                                       during any
                                                       semiannual check,
                                                       you must resume
                                                       VE checking of
                                                       that emission
                                                       unit on a monthly
                                                       basis and
                                                       maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                      (iii) If no VE are
                                                       observed during
                                                       the semiannual
                                                       check for any
                                                       emission unit,
                                                       you may decrease
                                                       the frequency of
                                                       VE checking from
                                                       semi-annually to
                                                       annually for that
                                                       emission unit; if
                                                       VE are observed
                                                       during any annual
                                                       check, you must
                                                       resume VE
                                                       checking of that
                                                       emission unit on
                                                       a monthly basis
                                                       and maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                       and
                                                      (iv) If VE are
                                                       observed during
                                                       any VE check, you
                                                       must conduct a 6-
                                                       minute test of
                                                       opacity in
                                                       accordance with
                                                       Method 9 of
                                                       appendix A to
                                                       part 60 of this
                                                       chapter; you must
                                                       begin the Method
                                                       9 test within 1
                                                       hour of any
                                                       observation of VE
                                                       and the 6-minute
                                                       opacity reading
                                                       must not exceed
                                                       the applicable
                                                       opacity limit.
2. Any building subject to a VE   a. No VE..........  (i) Conducting a
 limit, according to item 8 of                         monthly VE check
 Table 1 to this subpart.                              of the building,
                                                       in accordance
                                                       with the
                                                       specifications in
                                                       Sec.
                                                       63.7112(k); the
                                                       check must be
                                                       conducted while
                                                       all the enclosed
                                                       PSH operations
                                                       are operating;
                                                      (ii) The check for
                                                       each affected
                                                       building must be
                                                       at least 5
                                                       minutes, with
                                                       each side of the
                                                       building and roof
                                                       being observed
                                                       for at least 1
                                                       minute;

[[Page 76]]

 
                                                      (iii) If no VE are
                                                       observed in 6
                                                       consecutive
                                                       monthly checks of
                                                       the building, you
                                                       may decrease the
                                                       frequency of
                                                       checking from
                                                       monthly to semi-
                                                       annually for that
                                                       affected source;
                                                       if VE are
                                                       observed during
                                                       any semi-annual
                                                       check, you must
                                                       resume checking
                                                       on a monthly
                                                       basis and
                                                       maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                       and
                                                      (iv) If no VE are
                                                       observed during
                                                       the semi-annual
                                                       check, you may
                                                       decrease the
                                                       frequency of
                                                       checking from
                                                       semi-annually to
                                                       annually for that
                                                       affected source;
                                                       and if VE are
                                                       observed during
                                                       any annual check,
                                                       you must resume
                                                       checking of that
                                                       emission unit on
                                                       a monthly basis
                                                       and maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks
                                                       (the source is in
                                                       compliance if no
                                                       VE are observed
                                                       during any of
                                                       these checks).
------------------------------------------------------------------------



   Sec. Table 7 to Subpart AAAAA of Part 63--Requirements for Reports

    As required in Sec. 63.7131, you must submit each report in this 
table that applies to you.

------------------------------------------------------------------------
                                    The report must     You must submit
     You must submit a . . .         contain . . .     the report . . .
------------------------------------------------------------------------
1. Compliance report............  a. If there are no  Semiannually
                                   deviations from     according to the
                                   any emission        requirements in
                                   limitations         Sec.
                                   (emission limit,    63.7131(b).
                                   operating limit,
                                   opacity limit,
                                   and VE limit)
                                   that applies to
                                   you, a statement
                                   that there were
                                   no deviations
                                   from the emission
                                   limitations
                                   during the
                                   reporting period;
                                  b. If there were    Semiannually
                                   no periods during   according to the
                                   which the CMS,      requirements in
                                   including any       Sec.
                                   operating           63.7131(b).
                                   parameter
                                   monitoring
                                   system, was out-
                                   of-control as
                                   specified in Sec.
                                     63.8(c)(7), a
                                   statement that
                                   there were no
                                   periods during
                                   which the CMS was
                                   out-of-control
                                   during the
                                   reporting period;
                                  c. If you have a    Semiannually
                                   deviation from      according to the
                                   any emission        requirements in
                                   limitation          Sec.
                                   (emission limit,    63.7131(b).
                                   operating limit,
                                   opacity limit,
                                   and VE limit)
                                   during the
                                   reporting period,
                                   the report must
                                   contain the
                                   information in
                                   Sec.
                                   63.7131(d);
                                  d. If there were    Semiannually
                                   periods during      according to the
                                   which the CMS,      requirements in
                                   including any       Sec.
                                   operating           63.7131(b).
                                   parameter
                                   monitoring
                                   system, was out-
                                   of-control, as
                                   specified in Sec.
                                     63.8(c)(7), the
                                   report must
                                   contain the
                                   information in
                                   Sec.
                                   63.7131(e); and
                                  e. If you had a     Semiannually
                                   startup, shutdown   according to the
                                   or malfunction      requirements in
                                   during the          Sec.
                                   reporting period    63.7131(b).
                                   and you took
                                   actions
                                   consistent with
                                   your SSMP, the
                                   compliance report
                                   must include the
                                   information in
                                   Sec.
                                   63.10(d)(5)(i).
2. An immediate startup,          Actions taken for   By fax or
 shutdown, and malfunction         the event.          telephone within
 report if you had a startup,                          2 working days
 shutdown, or malfunction during                       after starting
 the reporting period that is                          actions
 not consistent with your SSMP.                        inconsistent with
                                                       the SSMP.
3. An immediate startup,          The information in  By letter within 7
 shutdown, and malfunction         Sec.               working days
 report if you had a startup,      63.10(d)(5)(ii).    after the end of
 shutdown, or malfunction during                       the event unless
 the reporting period that is                          you have made
 not consistent with your SSMP.                        alternative
                                                       arrangements with
                                                       the permitting
                                                       authority. See
                                                       Sec.
                                                       63.10(d)(5)(ii).
------------------------------------------------------------------------


[[Page 77]]



   Sec. Table 8 to Subpart AAAAA of Part 63--Applicability of General 

                       Provisions to Subpart AAAAA

    As required in Sec. 63.7140, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
                                         Summary of             Am I subject to this
             Citation                    requirement                requirement?                Explanations
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)-(4).............  Applicability         Yes.............................
Sec.  63.1(a)(5).................  ....................  No..............................
Sec.  63.1(a)(6).................  Applicability         Yes.............................
Sec.  63.1(a)(7)-(a)(9)..........  ....................  No..............................
Sec.  63.1(a)(10)-(a)(14)........  Applicability.......  Yes.............................
Sec.  63.1(b)(1).................  Initial               Yes.............................  Sec. Sec.  63.7081
                                     Applicability                                           and 63.7142 specify
                                     Determination.                                          additional
                                                                                             applicability
                                                                                             determination
                                                                                             requirements.
Sec.  63.1(b)(2).................  ....................  No..............................
Sec.  63.1(b)(3).................  Initial               Yes.............................
                                     Applicability
                                     Determination.
Sec.  63.1(c)(1).................  Applicability After   Yes.............................
                                     Standard
                                     Established.
Sec.  63.1(c)(2).................  Permit Requirements.  No..............................  Area sources not
                                                                                             subject to subpart
                                                                                             AAAAA, except all
                                                                                             sources must make
                                                                                             initial
                                                                                             applicability
                                                                                             determination.
Sec.  63.1(c)(3).................  ....................  No..............................
Sec.  63.1(c)(4)-(5).............  Extensions,           Yes.............................
                                     Notifications.
Sec.  63.1(d)....................  ....................  No..............................
Sec.  63.1(e)....................  Applicability of      Yes.............................
                                     Permit Program.
Sec.  63.2.......................  Definitions.........  ................................  Additional
                                                                                             definitions in Sec.
                                                                                               63.7143.
Sec.  63.3(a)-(c)................  Units and             Yes.............................
                                     Abbreviations.
Sec.  63.4(a)(1)-(a)(2)..........  Prohibited            Yes.............................
                                     Activities.
Sec.  3.4(a)(3)-(a)(5)...........  ....................  No..............................
Sec.  63.4(b)-(c)................  Circumvention,        Yes.............................
                                     Severability.
Sec.  63.5(a)(1)-(2).............  Construction/         Yes.............................
                                     Reconstruction.
Sec.  63.5(b)(1).................  Compliance Dates....  Yes.............................
Sec.  63.5(b)(2).................  ....................  No..............................
Sec.  63.5(b)(3)-(4).............  Construction          Yes.............................
                                     Approval,
                                     Applicability.
Sec.  63.5(b)(5).................  ....................  No..............................
Sec.  63.5(b)(6).................  Applicability.......  Yes.............................
Sec.  63.5(c)....................  ....................  No..............................
Sec.  63.5(d)(1)-(4).............  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.
Sec.  63.5(e)....................  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.
Sec.  63.5(f)(1)-(2).............  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.
Sec.  63.6(a)....................  Compliance for        Yes.............................
                                     Standards and
                                     Maintenance.
Sec.  63.6(b)(1)-(5).............  Compliance Dates....  Yes.............................
Sec.  63.6(b)(6).................  ....................  No..............................
Sec.  63.6(b)(7).................  Compliance Dates....  Yes.............................
Sec.  63.6(c)(1)-(2).............  Compliance Dates....  Yes.............................
Sec.  63.6(c)(3)-(c)(4)..........  ....................  No..............................
Sec.  63.6(c)(5).................  Compliance Dates....  Yes.............................
Sec.  63.6(d)....................  ....................  No..............................
Sec.  63.6(e)(1).................  Operation &           Yes.............................  See Sec.  63.7100
                                     Maintenance.                                            for OM&M
                                                                                             requirements.
Sec.  63.6(e)(2).................  ....................  No..............................
Sec.  63.6(e)(3).................  Startup, Shutdown     Yes.............................
                                     Malfunction Plan.
Sec.  63.6(f)(1)-(3).............  Compliance with       Yes.............................
                                     Emission Standards.
Sec.  63.6(g)(1)-(g)(3)..........  Alternative Standard  Yes.............................
Sec.  63.6(h)(1)-(2).............  Opacity/VE Standards  Yes.............................
Sec.  63.6(h)(3).................  ....................  No..............................
Sec.  63.6(h)(4)-(h)(5)(i).......  Opacity/VE Standards  Yes.............................  This requirement
                                                                                             only applies to
                                                                                             opacity and VE
                                                                                             performance checks
                                                                                             required in Table 4
                                                                                             to subpart AAAAA.

[[Page 78]]

 
Sec.  63.6(h)(5) (ii)-(iii)......  Opacity/VE Standards  No..............................  Test durations are
                                                                                             specified in
                                                                                             subpart AAAAA;
                                                                                             subpart AAAAA takes
                                                                                             precedence.
Sec.  63.6(h)(5)(iv).............  Opacity/VE Standards  No..............................
Sec.  63.6(h)(5)(v)..............  Opacity/VE Standards  Yes.............................
Sec.  63.6(h)(6).................  Opacity/VE Standards  Yes.............................
Sec.  63.6(h)(7).................  COM Use.............  Yes.............................
Sec.  63.6(h)(8).................  Compliance with       Yes.............................
                                     Opacity and VE.
Sec.  63.6(h)(9).................  Adjustment of         Yes.............................
                                     Opacity Limit.
Sec.  63.6(i)(1)-(i)(14).........  Extension of          Yes.............................
                                     Compliance.
Sec.  63.6(i)(15)................  ....................  No..............................
Sec.  63.6(i)(16)................  Extension of          Yes.............................
                                     Compliance.
Sec.  63.6(j)....................  Exemption from        Yes.............................
                                     Compliance.
Sec.  63.7(a)(1)-(a)(3)..........  Performance Testing   Yes.............................  Sec.  63.7110
                                     Requirements.                                           specifies
                                                                                             deadlines; Sec.
                                                                                             63.7112 has
                                                                                             additional specific
                                                                                             requirements.
Sec.  63.7(b)....................  Notification........  Yes.............................
Sec.  63.7(c)....................  Quality Assurance/    Yes.............................
                                     Test Plan.
Sec.  63.7(d)....................  Testing Facilities..  Yes.............................
Sec.  63.7(e)(1)-(4).............  Conduct of Tests....  Yes.............................
Sec.  63.7(f)....................  Alternative Test      Yes.............................
                                     Method.
Sec.  63.7(g)....................  Data Analysis.......  Yes.............................
Sec.  63.7(h)....................  Waiver of Tests.....  Yes.............................
Sec.  63.8(a)(1).................  Monitoring            Yes.............................  See Sec.  63.7113.
                                     Requirements.
Sec.  63.8(a)(2).................  Monitoring..........  Yes.............................
Sec.  63.8(a)(3).................  ....................  No..............................
Sec.  63.8(a)(4).................  Monitoring..........  No..............................  Flares not
                                                                                             applicable.
Sec.  63.8(b)(1)-(3).............  Conduct of            Yes.............................
                                     Monitoring.
Sec.  63.8(c)(1)-(3).............  CMS Operation/        Yes.............................
                                     Maintenance.
Sec.  63.8(c)(4).................  CMS Requirements....  No..............................  See Sec.  63.7121.
Sec.  63.8(c)(4)(i)-(ii).........  Cycle Time for COM    Yes.............................  No CEMS are required
                                     and CEMS.                                               under subpart
                                                                                             AAAAA; see Sec.
                                                                                             63.7113 for CPMS
                                                                                             requirements.
Sec.  63.8(c)(5).................  Minimum COM           Yes.............................  COM not required.
                                     procedures.
Sec.  63.8(c)(6).................  CMS Requirements....  No..............................  See Sec.  63.7113.
Sec.  63.8(c)(7)-(8).............  CMS Requirements....  Yes.............................
Sec.  63.8(d)....................  Quality Control.....  No..............................  See Sec.  63.7113.
Sec.  63.8(e)....................  Performance           No..............................
                                     Evaluation for CMS.
Sec.  63.8(f)(1)-(f)(5)..........  Alternative           Yes.............................
                                     Monitoring Method.
Sec.  63.8(f)(6).................  Alternative to        No..............................
                                     Relative Accuracy
                                     test.
Sec.  63.8(g)(1)-(g)(5)..........  Data Reduction; Data  No..............................  See data reduction
                                     That Cannot Be Used.                                    requirements in
                                                                                             Sec. Sec.
                                                                                             63.7120 and
                                                                                             63.7121.
Sec.  63.9(a)....................  Notification          Yes.............................  See Sec.  63.7130.
                                     Requirements.
Sec.  63.9(b)....................  Initial               Yes.............................
                                     Notifications.
Sec.  63.9(c)....................  Request for           Yes.............................
                                     Compliance
                                     Extension.
Sec.  63.9(d)....................  New Source            Yes.............................
                                     Notification for
                                     Special Compliance
                                     Requirements.
Sec.  63.9(e)....................  Notification of       Yes.............................
                                     Performance Test.
Sec.  63.9(f)....................  Notification of VE/   Yes.............................  This requirement
                                     Opacity Test.                                           only applies to
                                                                                             opacity and VE
                                                                                             performance tests
                                                                                             required in Table 4
                                                                                             to subpart AAAAA.
                                                                                             Notification not
                                                                                             required for VE/
                                                                                             opacity test under
                                                                                             Table 6 to subpart
                                                                                             AAAAA.
Sec.  63.9(g)....................  Additional CMS        No..............................  Not required for
                                     Notifications.                                          operating parameter
                                                                                             monitoring.
Sec.  63.9(h)(1)-(h)(3)..........  Notification of       Yes.............................
                                     Compliance Status.
Sec.  63.9(h)(4).................  ....................  No..............................
Sec.  63.9(h)(5)-(h)(6)..........  Notification of       Yes.............................
                                     Compliance Status.
Sec.  63.9(i)....................  Adjustment of         Yes.............................
                                     Deadlines.
Sec.  63.9(j)....................  Change in Previous    Yes.............................
                                     Information.

[[Page 79]]

 
Sec.  63.10(a)...................  Recordkeeping/        Yes.............................  See Sec. Sec.
                                     Reporting General                                       63.7131 through
                                     Requirements.                                           63.7133.
Sec.  63.10(b)(1)-(b)(2)(xii)....  Records.............  Yes.............................
Sec.  63.10(b)(2)(xiii)..........  Records for Relative  No..............................
                                     Accuracy Test.
Sec.  63.10(b)(2)(xiv)...........  Records for           Yes.............................
                                     Notification.
Sec.  63.10(b)(3)................  Applicability         Yes.............................
                                     Determinations.
Sec.  63.10(c)...................  Additional CMS        No..............................  See Sec.  63.7132.
                                     Recordkeeping.
Sec.  63.10(d)(1)................  General Reporting     Yes.............................
                                     Requirements.
Sec.  63.10(d)(2)................  Performance Test      Yes.............................
                                     Results.
Sec.  63.10(d)(3)................  Opacity or VE         Yes.............................  For the periodic
                                     Observations.                                           monitoring
                                                                                             requirements in
                                                                                             Table 6 to subpart
                                                                                             AAAAA, report
                                                                                             according to Sec.
                                                                                             63.10(d)(3) only if
                                                                                             VE observed and
                                                                                             subsequent visual
                                                                                             opacity test is
                                                                                             required.
Sec.  63.10(d)(4)................  Progress Reports....  Yes.............................
Sec.  63.10(d)(5)................  Startup, Shutdown,    Yes.............................
                                     Malfunction Reports.
Sec.  63.10(e)...................  Additional CMS        No..............................  See specific
                                     Reports.                                                requirements in
                                                                                             subpart AAAAA, see
                                                                                             Sec.  63.7131.
Sec.  63.10(f)...................  Waiver for            Yes.............................
                                     Recordkeeping/
                                     Reporting.
Sec.  63.11(a)-(b)...............  Control Device        No..............................  Flares not
                                     Requirements.                                           applicable.
Sec.  63.12(a)-(c)...............  State Authority and   Yes.............................
                                     Delegations.
Sec.  63.13(a)-(c)...............  State/Regional        Yes.............................
                                     Addresses.
Sec.  63.14(a)-(b)...............  Incorporation by      No..............................
                                     Reference.
Sec.  63.15(a)-(b)...............  Availability of       Yes.............................
                                     Information.
----------------------------------------------------------------------------------------------------------------



 Subpart BBBBB_National Emission Standards for Hazardous Air Pollutants 

                     for Semiconductor Manufacturing

    Source: 68 FR 27925, May 22, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7180  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for semiconductor manufacturing facilities. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission standards.



Sec. 63.7181  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
semiconductor manufacturing process unit that is a major source of 
hazardous air pollutants (HAP) emissions or that is located at, or is 
part of, a major source of HAP emissions.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources located within a contiguous area and under 
common control that emits or has the potential to emit, considering 
controls, in the aggregate, any single HAP at a rate of 10 tons per year 
(tpy) or more or any combination of HAP at a rate of 25 tpy or more.



Sec. 63.7182  What parts of my facility does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source that you own or operate that manufactures 
semiconductors.
    (b) An affected source subject to this subpart is the collection of 
all semiconductor manufacturing process units used to manufacture p-type 
and n-type semiconductors and active solid-state devices from a wafer 
substrate, including research and development activities integrated into 
a semiconductor

[[Page 80]]

manufacturing process unit. A semiconductor manufacturing process unit 
includes the equipment assembled and connected by ductwork or hard-
piping including furnaces and associated unit operations; associated wet 
and dry work benches; associated recovery devices; feed, intermediate, 
and product storage tanks; product transfer racks and connected ducts 
and piping; pumps, compressors, agitators, pressure-relief devices, 
sampling connecting systems, open-ended valves or lines, valves, 
connectors, and instrumentation systems; and control devices.
    (c) Your affected source is a new affected source if you commence 
construction of the affected source after May 8, 2002, and you meet the 
applicability criteria in Sec. 63.7181 at the time you commence 
construction.
    (d) Your affected source is a reconstructed affected source if you 
meet the criteria for ``reconstruction,'' as defined in Sec. 63.2.
    (e) Your source is an existing affected source if it is not a new or 
reconstructed affected source.



Sec. 63.7183  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If you start up your affected source before May 22, 2003, then 
you must comply with the emission standards for new and reconstructed 
sources in this subpart no later than May 22, 2003.
    (2) If you start up your affected source after May 22, 2003, then 
you must comply with the emission standards for new and reconstructed 
sources in this subpart upon startup of your affected source.
    (b) If you have an existing affected source, you must comply with 
the emission standards for existing sources no later than 3 years from 
May 22, 2003.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP and an 
affected source subject to this subpart, paragraphs (c)(1) and (2) of 
this section apply.
    (1) Any portion of your existing facility that is a new affected 
source as specified at Sec. 63.7182(c), or a reconstructed affected 
source as specified at Sec. 63.7182(d), must be in compliance with this 
subpart upon startup.
    (2) Any portion of your facility that is an existing affected 
source, as specified at Sec. 63.7182(e), must be in compliance with 
this subpart by not later than 3 years after it becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.7189 and 
in subpart A of this part. You must submit some of the notifications 
(e.g., Initial Notification) before the date you are required to comply 
with the emission limitations in this subpart.

                           Emission Standards



Sec. 63.7184  What emission limitations, operating limits, and work practice 

standards must I meet?

    (a) If you have a new, reconstructed, or existing affected source, 
as defined in Sec. 63.7182(b), you must comply with all applicable 
emission limitations in this section on and after the compliance dates 
specified in Sec. 63.7183.
    (b) Process vents--organic HAP emissions. For each organic HAP 
process vent, other than process vents from storage tanks, you must 
limit organic HAP emissions to the level specified in paragraph (b)(1) 
or (2) of this section. These limitations can be met by venting 
emissions from your process vent through a closed vent system to any 
combination of control devices meeting the requirements of Sec. 
63.982(a)(2).
    (1) Reduce the emissions of organic HAP from the process vent stream 
by 98 percent by weight.
    (2) Reduce or maintain the concentration of emitted organic HAP from 
the process vent to less than or equal to 20 parts per million by volume 
(ppmv).
    (c) Process vents--inorganic HAP emissions. For each inorganic HAP 
process vent, other than process vents from storage tanks, you must 
limit inorganic HAP emissions to the level specified in paragraph (c)(1) 
or (2) of this section. These limitations can be met by venting 
emissions from your process vent through a closed vent system to a 
halogen scrubber meeting the requirements of Sec. Sec. 63.983 (closed 
vent system requirements) and Sec. 63.994 (halogen

[[Page 81]]

scrubber requirements); the applicable general monitoring requirements 
of Sec. 63.996; the applicable performance test requirements; and the 
monitoring, recordkeeping and reporting requirements referenced therein.
    (1) Reduce the emissions of inorganic HAP from the process vent 
stream by 95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (d) Storage tanks. For each storage tank, 1,500 gallons or larger, 
you must limit total HAP emissions to the level specified in paragraph 
(d)(1) or (2) of this section if the emissions from the storage tank 
vent contains greater than 0.42 ppmv inorganic HAP. These limitations 
can be met by venting emissions from your storage tank through a closed 
vent system to a halogen scrubber meeting the requirements of Sec. Sec. 
63.983 (closed vent system requirements) and 63.994 (halogen scrubber 
requirements); the applicable general monitoring requirements of Sec. 
63.996; the applicable performance test requirements; and the 
monitoring, recordkeeping and reporting requirements referenced therein.
    (1) Reduce the emissions of inorganic HAP from each storage tank by 
95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (e) You must comply with the applicable work practice standards and 
operating limits contained in Sec. 63.982(a)(1) and (2). The closed 
vent system inspection requirements of Sec. 63.983(c), as referenced by 
Sec. 63.982(a)(1) and (2), do not apply.
    (f) Process vents--combined HAP emissions. For each combined HAP 
process vent, other than process vents from storage tanks, you must 
reduce or maintain the concentration of emitted HAP from the process 
vent to less than or equal to 14.22 ppmv. These limitations can be met 
by venting emissions from your process vent through a closed vent system 
to any combination of control devices meeting the requirements of Sec. 
63.982(a)(2).

[68 FR 27925, May 22, 2003, as amended at 73 FR 42532, July 22, 2008]

                         Compliance Requirements



Sec. 63.7185  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the requirements of Sec. 63.7184 
at all times, except during periods of startup, shutdown, or 
malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP). Your SSMP must be prepared in accordance with the 
provisions in Sec. 63.6(e)(3).
    (d) You must perform all the items listed in paragraphs (d)(1) 
through (3) of this section:
    (1) Submit the necessary notifications in accordance with Sec. 
63.7189.
    (2) Submit the necessary reports in accordance with Sec. 63.7190.
    (3) Maintain all necessary records you have used to demonstrate 
compliance with this subpart in accordance with Sec. 63.7191.

[68 FR 27925, May 22, 2003, as amended at 71 FR 20467, Apr. 20, 2006]



Sec. 63.7186  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    For each process vent or storage tank vent emission limitation in 
Sec. 63.7184 for which initial compliance is demonstrated by meeting a 
percent by weight HAP emissions reduction, or a HAP concentration 
limitation, you must conduct performance tests or an initial compliance 
demonstration within 180 days after the compliance date that is 
specified for your source in Sec. 63.7183 and according to the 
provisions in Sec. 63.7(a)(2).



Sec. 63.7187  What performance tests and other compliance procedures must I 

use?

    (a) You must conduct each performance test in Table 1 to this 
subpart

[[Page 82]]

that applies to you as specified for process vents in Sec. 63.982(a)(2) 
and storage tanks in Sec. 63.982(a)(1). Performance tests must be 
conducted under maximum operating conditions or HAP emissions potential. 
Section 63.982(a)(1) and (2) only includes methods to measure the total 
organic regulated material or total organic carbon (TOC) concentration. 
The EPA Methods 26 and 26A are included in Table 1 to this subpart in 
addition to the test methods contained within Sec. 63.982(a)(1) and 
(2). The EPA Method 26 or 26A must be used for testing regulated 
material containing inorganic HAP. Method 320 of 40 CFR part 63, 
appendix A, must be used to measure total vapor phase organic and 
inorganic HAP concentrations.
    (b) If, without the use of a control device, your process vent 
stream has an organic HAP concentration of 20 ppmv or less or an 
inorganic HAP concentration of 0.42 ppmv or less, or your storage tank 
vent stream has an inorganic HAP concentration of 0.42 ppmv or less, you 
may demonstrate that the vent stream is compliant by engineering 
assessments and calculations or by conducting the applicable performance 
test requirements specified in Table 1 to this subpart. Your engineering 
assessments and calculations, as with performance tests (as specified in 
Sec. 63.982(a)(1) and (2)), must represent your maximum operating 
conditions or HAP emissions potential and must be approved by the 
Administrator. You must demonstrate continuous compliance by certifying 
that your operations will not exceed the maximum operating conditions or 
HAP emissions potential represented by your engineering assessments, 
calculations, or performance test.
    (c) If you are using a control device to comply with the emission 
limitations in Sec. 63.7184 and the inlet concentration of HAP to the 
control device is 20 ppmv or less, then you may demonstrate that the 
control device meets the percent by weight HAP emission reduction 
limitation in Sec. 63.7184(c)(1) or (d)(1) by conducting a design 
evaluation as specified in paragraph (i) of this section. Your design 
evaluation must represent your maximum operating conditions or HAP 
emissions potential and must be approved by the Administrator. You must 
demonstrate continuous compliance by certifying that your operations 
will not exceed the maximum operating conditions or HAP emissions 
potential represented by your design evaluation.
    (d) [Reserved]
    (e) For each monitoring system required in this section, you must 
develop and submit for approval a site-specific monitoring plan that 
addresses the criteria specified in paragraphs (e)(1) through (3) of 
this section.
    (1) Installation of the continuous monitoring system (CMS) sampling 
probe or other interface at a measurement location relative to each 
affected process unit such that the measurement is representative of 
control of the exhaust emissions (e.g., on or downstream of the last 
control device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (f) In your site-specific monitoring plan, you must also address the 
procedural processes in paragraphs (f)(1) through (3) of this section.
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1), (3), (4)(ii), (7), and 
(8);
    (2) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (g) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (h) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.
    (i) Design evaluation. To demonstrate that a control device meets 
the required percent by weight inorganic HAP emission reduction 
limitation in Sec. 63.7184(c)(1) or (d)(1), a design evaluation must 
address the composition of

[[Page 83]]

the inorganic 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 (i)(1) through (5) 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 must also 
consider all other vapors, gases, and liquids, other than fuels, 
received by the control device.
    (1) 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.
    (2) 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.
    (3) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device such as a carbon 
canister, the design evaluation shall consider the vent stream mass or 
volumetric flow rate, relative humidity, and temperature and shall 
establish the design exhaust vent stream organic compound concentration 
level, capacity of carbon bed, type and working capacity of activated 
carbon used for carbon bed, and design carbon replacement interval based 
on the total carbon working capacity of the control device and source 
operating schedule.
    (4) 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 (i)(5)(i) and (ii) of this section for trays and a packed 
column scrubber.
    (i) Type and total number of theoretical and actual trays;
    (ii) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.

[68 FR 27925, May 22, 2003, as amended at 71 FR 20467, Apr. 20, 2006]



Sec. 63.7188  What are my monitoring installation, operation, and maintenance 

requirements?

    If you comply with the emission limitations of Sec. 63.7184 by 
venting the emissions of your semiconductor process vent through a 
closed vent system to a control device, you must comply with the 
requirements of paragraphs (a) and (b) of this section.
    (a) You must meet the applicable general monitoring, installation, 
operation, and maintenance requirements specified in Sec. 63.996.
    (b) You must meet the monitoring, installation, operation, and 
maintenance requirements specified for closed vent systems and 
applicable control devices in Sec. Sec. 63.983 through 63.995. If you 
used the design evaluation procedure in Sec. 63.7187(i) to demonstrate 
compliance, you must use the information from the design evaluation to 
establish the operating parameter level for monitoring of the control 
device.

[[Page 84]]

            Applications, Notifications, Reports, and Records



Sec. 63.7189  What applications and notifications must I submit and when?

    (a) You must submit all of the applications and notifications in 
Sec. Sec. 63.7(b) and (c); 63.8(e), (f)(4) and (f)(6); and 63.9(b) 
through (e), (g) and (h) that apply to you by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you start up your affected 
source before May 22, 2003, you must submit an Initial Notification not 
later than 120 calendar days after May 22, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you start up your new or 
reconstructed affected source on or after May 22, 2003. you must submit 
an Initial Notification not later than 120 calendar days after you 
become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration, you must submit a Notification of 
Compliance Status according to Sec. 63.9(h)(2)(ii) and according to 
paragraphs (e)(1) and (2) of this section.
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration. If you used the 
design evaluation procedure in Sec. 63.7187(i) to demonstrate 
compliance, you must include the results of the design evaluation in the 
Notification of Compliance Status.
    (2) For each initial compliance demonstration required that includes 
a performance test conducted according to the requirements in Table 1 to 
this subpart, you must submit a notification of the date of the 
performance evaluation at least 60 days prior to the date the 
performance evaluation is scheduled to begin as required in Sec. 
63.8(e)(2).



Sec. 63.7190  What reports must I submit and when?

    (a) You must submit each of the following reports that apply to you.
    (1) Periodic compliance reports. You must submit a periodic 
compliance report that contains the information required under 
paragraphs (c) through (e) of this section, and any requirements 
specified to be reported for process vents in Sec. 63.982(a)(2) and 
storage tanks in Sec. 63.982(a)(1).
    (2) Immediate startup, shutdown, and malfunction report. You must 
submit an Immediate Startup, Shutdown, and Malfunction Report if you had 
a startup, shutdown, or malfunction during the reporting period that is 
not consistent with your SSMP. Your report must contain actions taken 
during the event. You must submit this report by fax or telephone within 
2 working days after starting actions inconsistent with you SSMP. You 
are required to follow up this report with a report specifying the 
information in Sec. 63.10(d)(5)(ii) by letter within 7 working days 
after the end of the event unless you have made alternative arrangements 
with your permitting authority.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date according to paragraphs (b)(1) through (5) of this section.
    (1) The first periodic compliance report must cover the period 
beginning on the compliance date that is specified for your affected 
source in Sec. 63.7183 and ending on June 30 or December 31, whichever 
date is the first date following the end of the first 12 calendar months 
after the compliance date that is specified for your source in Sec. 
63.7183.
    (2) The first periodic compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date follows 
the end of the first 12 calendar months after the compliance date that 
is specified for your affected source in Sec. 63.7183.
    (3) Each subsequent periodic compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31.

[[Page 85]]

    (4) Each subsequent periodic compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent periodic 
compliance reports according to the dates the permitting authority has 
established instead of according to the dates in paragraphs (b)(1) 
through (4) of this section.
    (c) The periodic compliance report must contain the information 
specified in paragraphs (c)(1) through (5) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If there are no deviations from any emission limitations that 
apply to you, a statement that there were no deviations from the 
emission limitations during the reporting period and that no CMS was 
inoperative, inactive, malfunctioning, out-of-control, repaired, or 
adjusted.
    (5) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your SSMP, your 
periodic compliance report must include the information in Sec. 
63.10(d)(5) for each startup, shutdown, and malfunction.
    (d) For each deviation from an emission limitation that occurs at an 
affected source where you are not using a CMS to comply with the 
emission limitations, the periodic compliance report must contain the 
information in paragraphs (d)(1) through (2) of this section.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause), if applicable.
    (e) For each deviation from an emission limitation occurring at an 
affected source where you are using a CMS to demonstrate compliance with 
the emission limitation, you must include the information in paragraphs 
(e)(1) through (8) of this section.
    (1) The date and time that each malfunction started and stopped, and 
the reason it was inoperative.
    (2) The date and time that each CMS was inoperative, except for 
calibration checks.
    (3) The date and time that each CMS was out-of-control, including 
the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period, and the cause of the deviation.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total source operating time during the reporting period.
    (7) An identification of each HAP that was monitored at the affected 
source.
    (8) The date of the latest CMS certification or audit.



Sec. 63.7191  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Notification of Compliance Status and periodic report of compliance that 
you submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunctions.

[[Page 86]]

    (3) Records of performance tests and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (b) For each CMS, you must keep the records listed in paragraphs 
(b)(1) through (5) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) All required measurements needed to demonstrate compliance with 
a relevant standard (e.g., 30-minute averages of CMS data, raw 
performance testing measurements, raw performance evaluation 
measurements).
    (3) All required CMS measurements (including monitoring data 
recorded during unavoidable CMS breakdowns and out-of-control periods).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (5) Records for process vents according to the requirements 
specified in Sec. 63.982(a)(2) and storage tank vents according to the 
requirements specified in Sec. 63.982(a)(1).



Sec. 63.7192  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7193  What parts of the General Provisions apply to me?

    Table 2 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.13 apply to you.



Sec. 63.7194  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the U.S. EPA Administrator has 
delegated authority to your State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if this subpart 
is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the U.S. EPA Administrator and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emission limitations 
in Sec. 63.7184 under Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.7195  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. Sec. 63.2 and 63.981, the General Provisions of this part (40 CFR 
part 63, subpart A), and in this section as follows:
    Combined HAP process vent means a process vent that emits both 
inorganic and organic HAP to the atmosphere.
    Control device means a combustion device, recovery device, recapture 
device, or any combination of these devices used for the primary purpose 
of reducing emissions to comply with this subpart. Devices that are 
inherent to a process or are integral to the operation of a process are 
not considered control devices for the purposes of this subpart, even 
though these devices may have the secondary effect of reducing 
emissions.

[[Page 87]]

    Inorganic HAP process vent means a process vent that emits only 
inorganic HAP to the atmosphere.
    Organic HAP process vent means a process vent that emits only 
organic HAP to the atmosphere.
    Process vent means the point at which HAP emissions are released to 
the atmosphere from a semiconductor manufacturing process unit or 
storage tank by means of a stack, chimney, vent, or other functionally 
equivalent opening. The HAP emission points originating from wastewater 
treatment equipment, other than storage tanks, are not considered to be 
a process vent, unless the wastewater treatment equipment emission 
points are connected to a common vent or exhaust plenum with other 
process vents.
    Semiconductor manufacturing means the collection of semiconductor 
manufacturing process units used to manufacture p-type and n-type 
semiconductors or active solid state devices from a wafer substrate, 
including processing from crystal growth through wafer fabrication, and 
testing and assembly. Examples of semiconductor or related solid state 
devices include semiconductor diodes, semiconductor stacks, rectifiers, 
integrated circuits, and transistors.
    Semiconductor manufacturing process unit means the collection of 
equipment used to carry out a discrete operation in the semiconductor 
manufacturing process. These operations include, but are not limited to, 
crystal growing; solvent stations used to prepare and clean materials 
for subsequent processing or for parts cleaning; wet chemical stations 
used for cleaning (other than solvent cleaning); photoresist 
application, developing, and stripping; etching; gaseous operation 
stations used for stripping, cleaning, doping, etching, and layering; 
separation; encapsulation; and testing. Research and development 
operations associated with semiconductor manufacturing and conducted at 
a semiconductor manufacturing facility are considered to be 
semiconductor manufacturing process units.
    Storage tank means a stationary unit that is constructed primarily 
from nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provides structural support and is designed to hold an 
accumulation of liquids or other materials used in or generated by a 
semiconductor manufacturing process unit. The following are not storage 
tanks for the purposes of this subpart:
    (1) Tanks permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Flow-through tanks where wastewater undergoes treatment (such as 
pH adjustment) before discharge, and are not used to accumulate 
wastewater;
    (3) Bottoms receiver tanks; and
    (4) Surge control tanks.

[68 FR 27925, May 22, 2003, as amended at 73 FR 42532, 73 FR 42532, July 
22, 2008]



 Sec. Table 1 to Subpart BBBBB of Part 63--Requirements for Performance 

                                  Tests

    As stated in Sec. 63.7187, you must comply with the requirements 
for performance tests in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                     You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Process or storage tank vent        a. Select sampling       Method 1 or 1A of 40     Sampling sites must be
 streams.                               port's location and      CFR part 60, appendix    located at the inlet
                                        the number of traverse   A.                       (if emission reduction
                                        ports.                                            or destruction
                                                                                          efficiency testing is
                                                                                          required) and outlet
                                                                                          of the control device
                                                                                          and prior to any
                                                                                          releases to the
                                                                                          atmosphere.
                                       b. Determine velocity    Method 2, 2A, 2C, 2D,    For HAP reduction
                                        and volumetric flow      2F, or 2G of 40 CFR      efficiency testing
                                        rate.                    part 60, appendix A.     only; not necessary
                                                                                          for determining
                                                                                          compliance with a ppmv
                                                                                          concentration limit.
                                       c. Conduct gas           i. Method 3, 3A, or 3B   For flow rate
                                        molecular weight         of 40 CFR part 60,       determination only.
                                        analysis.                appendix A.
                                                                ii. ASME PTC 19.10-1981- You may use ASME PTC
                                                                 Part 10.                 19.10-1981-Part 10
                                                                                          (available for
                                                                                          purchase from Three
                                                                                          Park Avenue, New York,
                                                                                          NY 10016-5990) as an
                                                                                          alternative to EPA
                                                                                          Method 3B.

[[Page 88]]

 
                                       d. Measure moisture      Method 4 of 40 CFR part  For flow rate
                                        content of the stack     60, appendix A.          determination and
                                        gas.                                              correction to dry
                                                                                          basis, if necessary.
2. Process vent stream...............  a. Measure organic and   i. Method 18, 25, or     (1) To determine
                                        inorganic HAP            25A of 40 CFR part 60,   compliance with the
                                        concentration (two       appendix A, AND          percent by weight
                                        method option).         ii. Method 26 or 26A of   emission reduction
                                                                 40 CFR part 60,          limit, conduct
                                                                 appendix A.              simultaneous sampling
                                                                                          at inlet and outlet of
                                                                                          control device and
                                                                                          analyze for same
                                                                                          organic and inorganic
                                                                                          HAP at both inlet and
                                                                                          outlet; and
                                                                                         (2) If you use Method
                                                                                          25A to determine the
                                                                                          TOC concentration for
                                                                                          compliance with the 20
                                                                                          ppmv emission
                                                                                          limitation, the
                                                                                          instrument must be
                                                                                          calibrated on methane
                                                                                          or the predominant
                                                                                          HAP. If you calibrate
                                                                                          on the predominant
                                                                                          HAP, you must comply
                                                                                          with each of the
                                                                                          following:
                                                                                         --The organic HAP used
                                                                                          as the calibration gas
                                                                                          must be the single
                                                                                          organic HAP
                                                                                          representing the
                                                                                          largest percent of
                                                                                          emissions by volume.
                                                                                         --The results are
                                                                                          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 its most sensitive
                                                                                          scale.
                                                                                         --The span value of the
                                                                                          analyzer must be less
                                                                                          than 100 ppmv.
                                                                                         To determine compliance
                                                                                          with 98 percent
                                                                                          reduction limit,
                                                                                          conduct simultaneous
                                                                                          sampling at inlet and
                                                                                          outlet of control
                                                                                          device and analyze for
                                                                                          same organic and
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
                                       c. Measure organic and   Method 320 of 40 CFR     To determine compliance
                                        inorganic HAP            part 63, appendix A.     with the percent by
                                        simultaneously (one                               weight emission
                                        method option).                                   reduction limit,
                                                                                          conduct simultaneous
                                                                                          sampling at inlet and
                                                                                          outlet of control
                                                                                          device and analyze for
                                                                                          same organic and
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
3. Storage tank vent stream..........  Measure inorganic HAP    Method 26 or 26A of 40   To determine compliance
                                        concentration.           CFR part 60, appendix    with percent by weight
                                                                 A, or Method 320 of 40   emission reduction
                                                                 CFR part 63, appendix    limit, conduct
                                                                 A.                       simultaneous sampling
                                                                                          at inlet and outlet of
                                                                                          control device and
                                                                                          analyze for same
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 2 to Subpart BBBBB of Part 63--Applicability of General 

                       Provisions to Subpart BBBBB

    As stated in Sec. 63.7193, you must comply with the applicable 
General Provisions requirements according to the following table:

------------------------------------------------------------------------
                                                        Applicable to
          Citation                   Subject           Subpart BBBBB?
------------------------------------------------------------------------
Sec.  63.1.................  Applicability.......  Yes.
Sec.  63.2.................  Definitions.........  Yes.
Sec.  63.3.................  Units and             Yes.
                               Abbreviations.
Sec.  63.4.................  Prohibited            Yes.
                               Activities and
                               Circumvention.
Sec.  63.5.................  Construction and      Yes.
                               Reconstruction.
Sec.  63.6.................  Compliance with       Yes.
                               Standards and
                               Maintenance.
Sec.  63.7.................  Performance Testing   Yes, with the
                               Requirements.         exception of Sec.
                                                     63.7(e)(1). The
                                                     requirements of
                                                     Sec.  63.7(e)(1)
                                                     do not apply.
                                                     Performance testing
                                                     requirements that
                                                     apply are specified
                                                     in this subpart,
                                                     and in Sec.
                                                     63.982(a)(1) and
                                                     (2).
Sec.  63.8.................  Monitoring            Monitoring
                               Requirements.         requirements are
                                                     specified in this
                                                     subpart and in Sec.
                                                       63.982(a)(1) and
                                                     (2). The closed
                                                     vent system
                                                     inspection
                                                     requirements of
                                                     Sec.  63.983(c),
                                                     as referenced by
                                                     Sec.  63.982(a)(1)
                                                     and (2), do not
                                                     apply.
Sec.  63.9.................  Notification          Yes.
                               Requirements.

[[Page 89]]

 
Sec.  63.10................  Recordkeeping and     Yes, with the
                               Reporting             exception of Sec.
                               Requirements.         63.10(e). The
                                                     requirements of
                                                     Sec.  63.10(e) do
                                                     not apply. In
                                                     addition, the
                                                     recordkeeping and
                                                     reporting
                                                     requirements
                                                     specified in this
                                                     subpart apply.
Sec.  63.11................  Flares..............  Yes.
Sec.  63.12................  Delegation..........  Yes.
Sec.  63.13................  Addresses...........  Yes.
Sec.  63.14................  Incorporation by      Yes.
                               Reference.
Sec.  63.15................  Availability of       Yes.
                               Information.
------------------------------------------------------------------------



 Subpart CCCCC_National Emission Standards for Hazardous Air Pollutants 

         for Coke Ovens: Pushing, Quenching, and Battery Stacks

    Source: 68 FR 18025, Apr. 14, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7280  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for pushing, soaking, quenching, and battery 
stacks at coke oven batteries. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with all 
applicable emission limitations, work practice standards, and operation 
and maintenance requirements in this subpart.



Sec. 63.7281  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a coke oven 
battery at a coke plant that is (or is part of) a major source of 
hazardous air pollutant (HAP) emissions. A major source of HAP is a 
plant site that emits or has the potential to emit any single HAP at a 
rate of 10 tons or more per year or any combination of HAP at a rate of 
25 tons or more per year.



Sec. 63.7282  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new or existing affected source at 
your coke plant. The affected source is each coke oven battery.
    (b) This subpart covers emissions from pushing, soaking, quenching, 
and battery stacks from each affected source.
    (c) An affected source at your coke plant is existing if you 
commenced construction or reconstruction of the affected source before 
July 3, 2001.
    (d) An affected source at your coke plant is new if you commenced 
construction or reconstruction of the affected source on or after July 
3, 2001. An affected source is reconstructed if it meets the definition 
of ``reconstruction'' in Sec. 63.2.



Sec. 63.7283  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than April 14, 2006.
    (b) If you have a new affected source and its initial startup date 
is on or before April 14, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by April 14, 2003.
    (c) If you have a new affected source and its initial startup date 
is after April 14, 2003, you must comply with each emission limitation, 
work practice standard, and operation and maintenance requirement in 
this subpart that applies to you upon initial startup.
    (d) You must meet the notification and schedule requirements in 
Sec. 63.7340. Several of these notifications must be submitted before 
the compliance date for your affected source.

[68 FR 18025, Apr. 14, 2003; 68 FR 19885, Apr. 22, 2003]

[[Page 90]]

            Emission Limitations and Work Practice Standards



Sec. 63.7290  What emission limitations must I meet for capture systems and 

control devices applied to pushing emissions?

    (a) You must not discharge to the atmosphere emissions of 
particulate matter from a control device applied to pushing emissions 
from a new or existing coke oven battery that exceed the applicable 
limit in paragraphs (a)(1) through (4) of this section:
    (1) 0.01 grain per dry standard cubic foot (gr/dscf) if a cokeside 
shed is used to capture emissions;
    (2) 0.02 pound per ton (lb/ton) of coke if a moveable hood vented to 
a stationary control device is used to capture emissions;
    (3) If a mobile scrubber car that does not capture emissions during 
travel is used:
    (i) 0.03 lb/ton of coke for a control device applied to pushing 
emissions from a short battery, or
    (ii) 0.01 lb/ton of coke for a control device applied to pushing 
emissions from a tall battery; and
    (4) 0.04 lb/ton of coke if a mobile control device that captures 
emissions during travel is used.
    (b) You must meet each operating limit in paragraphs (b)(1) through 
(4) of this section that applies to you for a new or existing coke oven 
battery.
    (1) For each venturi scrubber applied to pushing emissions, you must 
maintain the daily average pressure drop and scrubber water flow rate at 
or above the minimum levels established during the initial performance 
test.
    (2) For each hot water scrubber applied to pushing emissions, you 
must maintain the daily average water pressure and water temperature at 
or above the minimum levels established during the initial performance 
test.
    (3) For each capture system applied to pushing emissions, you must 
maintain the daily average volumetric flow rate at the inlet of the 
control device at or above the minimum level established during the 
initial performance test; or
    (i) For each capture system that uses an electric motor to drive the 
fan, you must maintain the daily average fan motor amperes at or above 
the minimum level established during the initial performance test; and
    (ii) For each capture system that does not use a fan driven by an 
electric motor, you must maintain the daily average static pressure at 
the inlet to the control device at an equal or greater vacuum than the 
level established during the initial performance test or maintain the 
daily average fan revolutions per minute (RPM) at or above the minimum 
level established during the initial performance test.
    (4) For each multicyclone, you must maintain the daily average 
pressure drop at or below the minimum level established during the 
initial performance test.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60818, Oct. 13, 2004]



Sec. 63.7291  What work practice standards must I meet for fugitive pushing 

emissions if I have a by-product coke oven battery with vertical flues?

    (a) You must meet each requirement in paragraphs (a)(1) through (7) 
of this section for each new or existing by-product coke oven battery 
with vertical flues.
    (1) Observe and record the opacity of fugitive pushing emissions 
from each oven at least once every 90 days. If an oven cannot be 
observed during a 90-day period due to circumstances that were not 
reasonably avoidable, you must observe the opacity of the first push of 
that oven following the close of the 90-day period that is capable of 
being observed in accordance with the procedures in Sec. 63.7334(a), 
and you must document why the oven was not observed within a 90-day 
period. All opacity observations of fugitive pushing emissions for 
batteries with vertical flues must be made using the procedures in Sec. 
63.7334(a).
    (2) If two or more batteries are served by the same pushing 
equipment and total no more than 90 ovens, the batteries as a unit can 
be considered a single battery.
    (3) Observe and record the opacity of fugitive pushing emissions for 
at least four consecutive pushes per battery each day. Exclude any push 
during which the observer's view is obstructed

[[Page 91]]

or obscured by interferences and observe the next available push to 
complete the set of four pushes. If necessary due to circumstances that 
were not reasonably avoidable, you may observe fewer than four 
consecutive pushes in a day; however, you must observe and record as 
many consecutive pushes as possible and document why four consecutive 
pushes could not be observed. You may observe and record one or more 
non-consecutive pushes in addition to any consecutive pushes observed in 
a day.
    (4) Do not alter the pushing schedule to change the sequence of 
consecutive pushes to be observed on any day. Keep records indicating 
the legitimate operational reason for any change in your pushing 
schedule which results in a change in the sequence of consecutive pushes 
observed on any day.
    (5) If the average opacity for any individual push exceeds 30 
percent opacity for any short battery or 35 percent opacity for any tall 
battery, you must take corrective action and/or increase coking time for 
that oven. You must complete corrective action or increase coking time 
within either 10 calendar days or the number of days determined using 
Equation 1 of this section, whichever is greater:

X = 0.55 * Y (Eq. 1)

Where:

X = Number of calendar days allowed to complete corrective action or 
increase coking time; and
Y = Current coking time for the oven, hours.


For the purpose of determining the number of calendar days allowed under 
Equation 1 of this section, day one is the first day following the day 
you observed an opacity in excess of 30 percent for any short battery or 
35 percent for any tall battery. Any fraction produced by Equation 1 of 
this section must be counted as a whole day. Days during which the oven 
is removed from service are not included in the number of days allowed 
to complete corrective action.
    (6)(i) You must demonstrate that the corrective action and/or 
increased coking time was successful. After a period of time no longer 
than the number of days allowed in paragraph (a)(5) of this section, 
observe and record the opacity of the first two pushes for the oven 
capable of being observed using the procedures in Sec. 63.7334(a). The 
corrective action and/or increased coking time was successful if the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery. If the 
corrective action and/or increased coking time was successful, you may 
return the oven to the 90-day reading rotation described in paragraph 
(a)(1) of this section. If the average opacity of either push exceeds 30 
percent for a short battery or 35 percent for a tall battery, the 
corrective action and/or increased coking time was unsuccessful, and you 
must complete additional corrective action and/or increase coking time 
for that oven within the number of days allowed in paragraph (a)(5) of 
this section.
    (ii) After implementing any additional corrective action and/or 
increased coking time required under paragraph (a)(6)(i) or (a)(7)(ii) 
of this section, you must demonstrate that corrective action and/or 
increased coking time was successful. After a period of time no longer 
than the number of days allowed in paragraph (a)(5) of this section, you 
must observe and record the opacity of the first two pushes for the oven 
capable of being observed using the procedures in Sec. 63.7334(a). The 
corrective action and/or increased coking time was successful if the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery. If the 
corrective action and/or increased coking time was successful, you may 
return the oven to the 90-day reading rotation described in paragraph 
(a)(1) of this section. If the average opacity of either push exceeds 30 
percent for a short battery or 35 percent for a tall battery, the 
corrective action and/or increased coking time was unsuccessful, and you 
must follow the procedures in paragraph (a)(6)(iii) of this section.
    (iii) If the corrective action and/or increased coking time was 
unsuccessful as described in paragraph (a)(6)(ii) of this section, you 
must repeat the procedures in paragraph (a)(6)(ii) of this section until 
the corrective action and/or increased coking time is successful.

[[Page 92]]

You must report to the permitting authority as a deviation each 
unsuccessful attempt at corrective action and/or increased coking time 
under paragraph (a)(6)(ii) of this section.
    (7)(i) If at any time you place an oven on increased coking time as 
a result of fugitive pushing emissions that exceed 30 percent for a 
short battery or 35 percent for a tall battery, you must keep the oven 
on the increased coking time until the oven qualifies for decreased 
coking time using the procedures in paragraph (a)(7)(ii) or (a)(7)(iii) 
of this section.
    (ii) To qualify for a decreased coking time for an oven placed on 
increased coking time in accordance with paragraph (a)(5) or (6) of this 
section, you must operate the oven on the decreased coking time. After 
no more than two coking cycles on the decreased coking time, you must 
observe and record the opacity of the first two pushes that are capable 
of being observed using the procedures in Sec. 63.7334(a). If the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery, you may keep the 
oven on the decreased coking time and return the oven to the 90-day 
reading rotation described in paragraph (a)(1) of this section. If the 
average opacity of either push exceeds 30 percent for a short battery or 
35 percent for a tall battery, the attempt to qualify for a decreased 
coking time was unsuccessful. You must then return the oven to the 
previously established increased coking time, or implement other 
corrective action(s) and/or increased coking time. If you implement 
other corrective action and/or a coking time that is shorter than the 
previously established increased coking time, you must follow the 
procedures in paragraph (a)(6)(ii) of this section to confirm that the 
corrective action(s) and/or increased coking time was successful.
    (iii) If the attempt to qualify for decreased coking time was 
unsuccessful as described in paragraph (a)(7)(ii) of this section, you 
may again attempt to qualify for decreased coking time for the oven. To 
do this, you must operate the oven on the decreased coking time. After 
no more than two coking cycles on the decreased coking time, you must 
observe and record the opacity of the first two pushes that are capable 
of being observed using the procedures in Sec. 63.7334(a). If the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery, you may keep the 
oven on the decreased coking time and return the oven to the 90-day 
reading rotation described in paragraph (a)(1) of this section. If the 
average opacity of either push exceeds 30 percent for a short battery or 
35 percent for a tall battery, the attempt to qualify for a decreased 
coking time was unsuccessful. You must then return the oven to the 
previously established increased coking time, or implement other 
corrective action(s) and/or increased coking time. If you implement 
other corrective action and/or a coking time that is shorter than the 
previously established increased coking time, you must follow the 
procedures in paragraph (a)(6)(ii) of this section to confirm that the 
corrective action(s) and/or increased coking time was successful.
    (iv) You must report to the permitting authority as a deviation the 
second and any subsequent consecutive unsuccessful attempts on the same 
oven to qualify for decreased coking time as described in paragraph 
(a)(7)(iii) of this section.
    (b) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (a) of this 
section.



Sec. 63.7292  What work practice standards must I meet for fugitive pushing 

emissions if I have a by-product coke oven battery with horizontal flues?

    (a) You must comply with each of the requirements in paragraphs 
(a)(1) through (4) of this section.
    (1) Prepare and operate by a written plan that will eliminate or 
minimize incomplete coking for each by-product coke oven battery with 
horizontal flues. You must submit the plan and supporting documentation 
to the Administrator (or delegated authority) for approval no later than 
90 days after completing all observations and measurements required for 
the study in paragraph (a)(3) of this section or April 14, 2004, 
whichever is earlier. You must

[[Page 93]]

begin operating by the plan requirements by the compliance date that is 
specified in Sec. 63.7283. The written plan must identify minimum flue 
temperatures for different coking times and a battery-wide minimum 
acceptable flue temperature for any oven at any coking time.
    (2) Submit the written plan and supporting documentation to the 
Administrator (or delegated authority) for review and approval. Include 
all data collected during the study described in paragraph (a)(3) of 
this section. If the Administrator (or delegated authority) disapproves 
the plan, you must revise the plan as directed by the Administrator (or 
delegated authority) and submit the amended plan for approval. The 
Administrator (or delegated authority) may require you to collect and 
submit additional data. You must operate according to your submitted 
plan (or submitted amended plan, if any) until the Administrator (or 
delegated authority) approves your plan.
    (3) You must base your written plan on a study that you conduct that 
meets each of the requirements listed in paragraphs (a)(3)(i) through 
(x) of this section.
    (i) Initiate the study by July 14, 2003. Notify the Administrator 
(or delegated authority) at least 7 days prior to initiating the study 
according to the requirements in Sec. 63.7340(f).
    (ii) Conduct the study under representative operating conditions, 
including but not limited to the range of moisture content and volatile 
matter in the coal that is charged.
    (iii) Include every oven in the study and observe at least two 
pushes from each oven.
    (iv) For each push observed, measure and record the temperature of 
every flue within 2 hours before the scheduled pushing time. Document 
the oven number, date, and time the oven was charged and pushed, and 
calculate the net coking time.
    (v) For each push observed, document the factors to be used to 
identify pushes that are incompletely coked. These factors must include 
(but are not limited to): average opacity during the push, average 
opacity during travel to the quench tower, average of six highest 
consecutive observations during both push and travel, highest single 
opacity reading, color of the emissions (especially noting any yellow or 
brown emissions), presence of excessive smoke during travel to the 
quench tower, percent volatile matter in the coke, percent volatile 
matter and percent moisture in the coal that is charged, and the date 
the oven was last rebuilt or completely relined. Additional 
documentation may be provided in the form of pictures or videotape of 
emissions during the push and travel. All opacity observations must be 
conducted in accordance with the procedures in Sec. 63.7334(a)(3) 
through (7).
    (vi) Inspect the inside walls of the oven after each observed push 
for cool spots as indicated by a flue that is darker than others (the 
oven walls should be red hot) and record the results.
    (vii) For each push observed, note where incomplete coking occurs if 
possible (e.g., coke side end, pusher side end, top, or center of the 
coke mass). For any push with incomplete coking, investigate and 
document the probable cause.
    (viii) Use the documented factors in paragraph (a)(3)(v) of this 
section to identify pushes that were completely coked and those that 
were not completely coked. Provide a rationale for the determination 
based on the documentation of factors observed during the study.
    (ix) Use only the flue temperature and coking time data for pushes 
that were completely coked to identify minimum flue temperatures for 
various coking times. Submit the criteria used to determine complete 
coking, as well as a table of coking times and corresponding 
temperatures for complete coking as part of your plan.
    (x) Determine the battery-wide minimum acceptable flue temperature 
for any oven. This temperature will be equal to the lowest temperature 
that provided complete coking as determined in paragraph (a)(3)(ix) of 
this section.
    (4) You must operate according to the coking times and temperatures 
in your approved plan and the requirements in paragraphs (a)(4)(i) 
through (viii) of this section.

[[Page 94]]

    (i) Measure and record the percent volatile matter in the coal that 
is charged.
    (ii) Measure and record the temperature of all flues on two ovens 
per day within 2 hours before the scheduled pushing time for each oven. 
Measure and record the temperature of all flues on each oven at least 
once each month.
    (iii) For each oven observed in accordance with paragraph (a)(4)(ii) 
of this section, record the time each oven is charged and pushed and 
calculate and record the net coking time. If any measured flue 
temperature for an oven is below the minimum flue temperature for an 
oven's scheduled coking time as established in the written plan, 
increase the coking time for the oven to the coking time in the written 
plan for the observed flue temperature before pushing the oven.
    (iv) If you increased the coking time for any oven in accordance 
with paragraph (a)(4)(iii) of this section, you must investigate the 
cause of the low flue temperature and take corrective action to fix the 
problem. You must continue to measure and record the temperature of all 
flues for the oven within 2 hours before each scheduled pushing time 
until the measurements meet the minimum temperature requirements for the 
increased coking time for two consecutive pushes. If any measured flue 
temperature for an oven on increased coking time falls below the minimum 
flue temperature for the increased coking time, as established in the 
written plan, you must increase the coking time for the oven to the 
coking time specified in the written plan for the observed flue 
temperature before pushing the oven. The oven must continue to operate 
at this coking time (or at a longer coking time if the temperature falls 
below the minimum allowed for the increased coking time) until the 
problem has been corrected, and you have confirmed that the corrective 
action was successful as required by paragraph (a)(4)(v) of this 
section.
    (v) Once the heating problem has been corrected, the oven may be 
returned to the battery's normal coking schedule. You must then measure 
and record the flue temperatures for the oven within 2 hours before the 
scheduled pushing time for the next two consecutive pushes. If any flue 
temperature measurement is below the minimum flue temperature for that 
coking time established in the written plan, repeat the procedures in 
paragraphs (a)(4)(iii) and (iv) of this section.
    (vi) If any flue temperature measurement is below the battery-wide 
minimum acceptable temperature for complete coking established in the 
written plan for any oven at any coking time, you must remove the oven 
from service for repairs.
    (vii) For an oven that has been repaired and returned to service 
after being removed from service in accordance with paragraph (a)(4)(vi) 
of this section, you must measure and record the temperatures of all 
flues for the oven within 2 hours before the first scheduled pushing 
time. If any flue temperature measurement is below the minimum flue 
temperature for the scheduled coking time, as established in the written 
plan, you must repeat the procedures described in paragraphs (a)(4)(iii) 
and (iv) of this section.
    (viii) For an oven that has been repaired and returned to service 
after removal from service in accordance with paragraph (a)(4)(vi) of 
this section, you must report as a deviation to the permitting authority 
any flue temperature measurement made during the initial coking cycle 
after return to service that is below the lowest acceptable minimum flue 
temperature.
    (b) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (a) of this 
section.



Sec. 63.7293  What work practice standards must I meet for fugitive pushing 

emissions if I have a non-recovery coke oven battery?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section for each new and existing non-recovery coke oven battery.
    (1) You must visually inspect each oven prior to pushing by opening 
the door damper and observing the bed of coke.
    (2) Do not push the oven unless the visual inspection indicates that 
there is no smoke in the open space above

[[Page 95]]

the coke bed and that there is an unobstructed view of the door on the 
opposite side of the oven.
    (b) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standard in paragraph (a) of this 
section.



Sec. 63.7294  What work practice standard must I meet for soaking?

    (a) For each new and existing by-product coke oven battery, you must 
prepare and operate at all times according to a written work practice 
plan for soaking. Each plan must include measures and procedures to:
    (1) Train topside workers to identify soaking emissions that require 
corrective actions.
    (2) Damper the oven off the collecting main prior to opening the 
standpipe cap.
    (3) Determine the cause of soaking emissions that do not ignite 
automatically, including emissions that result from raw coke oven gas 
leaking from the collecting main through the damper, and emissions that 
result from incomplete coking.
    (4) If soaking emissions are caused by leaks from the collecting 
main, take corrective actions to eliminate the soaking emissions. 
Corrective actions may include, but are not limited to, reseating the 
damper, cleaning the flushing liquor piping, using aspiration, putting 
the oven back on the collecting main, or igniting the emissions.
    (5) If soaking emissions are not caused by leaks from the collecting 
main, notify a designated responsible party. The responsible party must 
determine whether the soaking emissions are due to incomplete coking. If 
incomplete coking is the cause of the soaking emissions, you must put 
the oven back on the collecting main until it is completely coked or you 
must ignite the emissions.
    (b) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standard in paragraph (a) of this 
section.



Sec. 63.7295  What requirements must I meet for quenching?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section for each quench tower and backup quench station at a new or 
existing coke oven battery.
    (1) For the quenching of hot coke, you must meet the requirements in 
paragraph (a)(1)(i) or (ii) of this section.
    (i) The concentration of total dissolved solids (TDS) in the water 
used for quenching must not exceed 1,100 milligrams per liter (mg/L); or
    (ii) The sum of the concentrations of benzene, benzo(a)pyrene, and 
naphthalene in the water used for quenching must not exceed the 
applicable site-specific limit approved by the permitting authority.
    (2) You must use acceptable makeup water, as defined in Sec. 
63.7352, as makeup water for quenching.
    (b) For each quench tower at a new or existing coke oven battery and 
each backup quench station at a new coke oven battery, you must meet 
each of the requirements in paragraphs (b)(1) through (4) of this 
section.
    (1) You must equip each quench tower with baffles such that no more 
than 5 percent of the cross sectional area of the tower may be uncovered 
or open to the sky.
    (2) You must wash the baffles in each quench tower once each day 
that the tower is used to quench coke, except as specified in paragraphs 
(b)(2)(i) and (ii) of this section.
    (i) You are not required to wash the baffles in a quench tower if 
the highest measured ambient temperature remains less than 30 degrees 
Fahrenheit throughout that day (24-hour period). If the measured ambient 
temperature rises to 30 degrees Fahrenheit or more during the day, you 
must resume daily washing according to the schedule in your operation 
and maintenance plan.
    (ii) You must continuously record the ambient temperature on days 
that the baffles were not washed.
    (3) You must inspect each quench tower monthly for damaged or 
missing baffles and blockage.
    (4) You must initiate repair or replacement of damaged or missing 
baffles within 30 days and complete as soon as practicable.
    (c) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (b) of this 
section.

[[Page 96]]



Sec. 63.7296  What emission limitations must I meet for battery stacks?

    You must not discharge to the atmosphere any emissions from any 
battery stack at a new or existing by-product coke oven battery that 
exhibit an opacity greater than the applicable limit in paragraphs (a) 
and (b) of this section.
    (a) Daily average of 15 percent opacity for a battery on a normal 
coking cycle.
    (b) Daily average of 20 percent opacity for a battery on batterywide 
extended coking.

                 Operation and Maintenance Requirements



Sec. 63.7300  What are my operation and maintenance requirements?

    (a) As required by Sec. 63.6(e)(1)(i), you must always operate and 
maintain your affected source, including air pollution control and 
monitoring equipment, in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by this subpart.
    (b) You must prepare and operate at all times according to a written 
operation and maintenance plan for the general operation and maintenance 
of new or existing by-product coke oven batteries. Each plan must 
address, at a minimum, the elements listed in paragraphs (b)(1) through 
(6) of this section.
    (1) Frequency and method of recording underfiring gas parameters.
    (2) Frequency and method of recording battery operating temperature, 
including measurement of individual flue and cross-wall temperatures.
    (3) Procedures to prevent pushing an oven before it is fully coked.
    (4) Procedures to prevent overcharging and undercharging of ovens, 
including measurement of coal moisture, coal bulk density, and 
procedures for determining volume of coal charged.
    (5) Frequency and procedures for inspecting flues, burners, and 
nozzles.
    (6) Schedule and procedures for the daily washing of baffles.
    (c) You must prepare and operate at all times according to a written 
operation and maintenance plan for each capture system and control 
device applied to pushing emissions from a new or existing coke oven 
battery. Each plan must address at a minimum the elements in paragraphs 
(c)(1) through (3) of this section.
    (1) Monthly inspections of the equipment that are important to the 
performance of the total capture system (e.g., pressure sensors, 
dampers, and damper switches). This inspection must include observations 
of the physical appearance of the equipment (e.g., presence of holes in 
ductwork or hoods, flow constrictions caused by dents or accumulated 
dust in ductwork, and fan erosion). In the event a defect or deficiency 
is found in the capture system (during a monthly inspection or between 
inspections), you must complete repairs within 30 days after the date 
that the defect or deficiency is discovered. If you determine that the 
repairs cannot be completed within 30 days, you must submit a written 
request for an extension of time to complete the repairs that must be 
received by the permitting authority not more than 20 days after the 
date that the defect or deficiency is discovered. The request must 
contain a description of the defect or deficiency, the steps needed and 
taken to correct the problem, the interim steps being taken to mitigate 
the emissions impact of the defect or deficiency, and a proposed 
schedule for completing the repairs. The request shall be deemed 
approved unless and until such time as the permitting authority notifies 
you that it objects to the request. The permitting authority may 
consider all relevant factors in deciding whether to approve or deny the 
request (including feasibility and safety). Each approved schedule must 
provide for completion of repairs as expeditiously as practicable, and 
the permitting authority may request modifications to the proposed 
schedule as part of the approval process.
    (2) Preventative maintenance for each control device, including a 
preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (3) Corrective action for all baghouses applied to pushing 
emissions. In the event a bag leak detection system alarm is triggered, 
you must

[[Page 97]]

initiate corrective action to determine the cause of the alarm within 1 
hour of the alarm, initiate corrective action to correct the cause of 
the problem within 24 hours of the alarm, and complete the corrective 
action as soon as practicable. Actions may include, but are not limited 
to:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.

[68 FR 18025, Apr. 14, 2003, as amended at 70 FR 44289, Aug. 2, 2005]

                     General Compliance Requirements



Sec. 63.7310  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limitations, work 
practice standards, and operation and maintenance requirements in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction as defined in Sec. 63.2.
    (b) During the period between the compliance date specified for your 
affected source in Sec. 63.7283 and the date upon which continuous 
monitoring systems have been installed and certified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment.
    (c) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions in Sec. 63.6(e)(3).

[68 FR 18025, Apr. 14, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

                     Initial Compliance Requirements



Sec. 63.7320  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    (a) As required in Sec. 63.7(a)(2), you must conduct a performance 
test to demonstrate compliance with each limit in Sec. 63.7290(a) for 
emissions of particulate matter from a control device applied to pushing 
emissions that applies to you within 180 calendar days after the 
compliance date that is specified in Sec. 63.7283.
    (b) You must conduct performance tests to demonstrate compliance 
with the TDS limit or constituent limit for quench water in Sec. 
63.7295(a)(1) and each opacity limit in Sec. 63.7297(a) for a by-
product coke oven battery stack by the compliance date that is specified 
in Sec. 63.7283.
    (c) For each work practice standard and operation and maintenance 
requirement that applies to you, you must demonstrate initial compliance 
within 30 calendar days after the compliance date that is specified in 
Sec. 63.7283.
    (d) If you commenced construction or reconstruction between July 3, 
2001 and April 14, 2003, you must demonstrate initial compliance with 
either the proposed emission limit or the promulgated emission limit no 
later than October 14, 2003, or no later than 180 calendar days after 
startup of the source, whichever is later, according to Sec. 
63.7(a)(2)(ix).
    (e) If you commenced construction or reconstruction between July 3, 
2001 and April 14, 2003, and you chose to comply with the proposed 
emission limit when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limit by October 11, 2006, or after startup of the source, 
whichever is later, according to Sec. 63.7(a)(2)(ix).



Sec. 63.7321  When must I conduct subsequent performance tests?

    For each control device subject to an emission limit for particulate 
matter in Sec. 63.7290(a), you must conduct subsequent performance 
tests no less frequently than twice (at mid-term and

[[Page 98]]

renewal) during each term of your title V operating permit.



Sec. 63.7322  What test methods and other procedures must I use to demonstrate 

initial compliance with the emission limits for particulate matter?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in paragraph (b) of this 
section.
    (b) To determine compliance with the emission limit for particulate 
matter from a control device applied to pushing emissions where a 
cokeside shed is the capture system, follow the test methods and 
procedures in paragraphs (b)(1) and (2) of this section. To determine 
compliance with a process-weighted mass rate of particulate matter (lb/
ton of coke) from a control device applied to pushing emissions where a 
cokeside shed is not used, follow the test methods and procedures in 
paragraphs (b)(1) through (4) of this section.
    (1) Determine the concentration of particulate matter according to 
the following test methods in appendix A to 40 CFR part 60.
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling sites must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of 
the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5 or 5D, as applicable, to determine the concentration of 
front half particulate matter in the stack gas.
    (2) During each particulate matter test run, sample only during 
periods of actual pushing when the capture system fan and control device 
are engaged. Collect a minimum sample volume of 30 dry standard cubic 
feet of gas during each test run. Three valid test runs are needed to 
comprise a performance test. Each run must start at the beginning of a 
push and finish at the end of a push (i.e., sample for an integral 
number of pushes).
    (3) Determine the total combined weight in tons of coke pushed 
during the duration of each test run according to the procedures in your 
source test plan for calculating coke yield from the quantity of coal 
charged to an individual oven.
    (4) Compute the process-weighted mass emissions (Ep) for 
each test run using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR14AP03.001

Where:

Ep = Process weighted mass emissions of particulate matter, 
lb/ton;
C = Concentration of particulate matter, gr/dscf;
Q = Volumetric flow rate of stack gas, dscf/hr;
T = Total time during a run that a sample is withdrawn from the stack 
during pushing, hr;
P = Total amount of coke pushed during the test run, tons; and
K = Conversion factor, 7,000 gr/lb.

[68 FR 18025, Apr. 14, 2003, as amended at 70 FR 44289, Aug. 2, 2005]



Sec. 63.7323  What procedures must I use to establish operating limits?

    (a) For a venturi scrubber applied to pushing emissions from a coke 
oven battery, you must establish site-specific operating limits for 
pressure drop and scrubber water flow rate according to the procedures 
in paragraphs (a)(1) and (2) of this section.
    (1) Using the continuous parameter monitoring systems (CPMS) 
required in Sec. 63.7330(b), measure and record the pressure drop and 
scrubber water flow rate for each particulate matter test run during 
periods of pushing. A minimum of one pressure drop measurement and one 
scrubber water flow rate measurement must be obtained for each push.
    (2) Compute and record the average pressure drop and scrubber water 
flow rate for each test run. Your operating limits are the lowest 
average pressure drop and scrubber water flow rate values recorded 
during any of the three runs that meet the applicable emission limit.

[[Page 99]]

    (b) For a hot water scrubber applied to pushing emissions from a 
coke oven battery, you must establish site-specific operating limits for 
water pressure and water temperature according to the procedures in 
paragraphs (b)(1) and (2) of this section.
    (1) Using the CPMS required in Sec. 63.7330(c), measure and record 
the hot water pressure and temperature for each particulate matter test 
run during periods of pushing. A minimum of one pressure measurement and 
one temperature measurement must be made just prior to each push by 
monitoring the hot water holding tank on the mobile scrubber car.
    (2) Compute and record the average water pressure and temperature 
for each test run. Your operating limits are the lowest pressure and 
temperature values recorded during any of the three runs that meet the 
applicable emission limit.
    (c) For a capture system applied to pushing emissions from a coke 
oven battery, you must establish a site-specific operating limit 
according to the procedures in paragraphs (c)(1), (2), or (3) of this 
section.
    (1) If you elect the operating limit in Sec. 63.7290(b)(3) for 
volumetric flow rate, measure and record the total volumetric flow rate 
at the inlet of the control device during each push sampled for each 
particulate matter test run. Your operating limit is the lowest 
volumetric flow rate recorded during any of the three runs that meet the 
emission limit.
    (2) If you elect the operating limit in Sec. 63.7290(b)(3)(i) for 
fan motor amperes, measure and record the fan motor amperes during each 
push sampled for each particulate matter test run. Your operating limit 
is the lowest fan motor amperes recorded during any of the three runs 
that meet the emission limit.
    (3) If you elect the operating limit in Sec. 63.7290(b)(3)(ii) for 
static pressure or fan RPM, measure and record the static pressure at 
the inlet of the control device or fan RPM during each push sampled for 
each particulate matter test run. Your operating limit for static 
pressure is the minimum vacuum recorded during any of the three runs 
that meets the emission limit. Your operating limit for fan RPM is the 
lowest fan RPM recorded during any of the three runs that meets the 
emission limit.
    (d) For a multicyclone applied to pushing emissions from a coke oven 
battery, you must establish a site-specific operating limit for pressure 
drop according to the procedures in paragraphs (d)(1) and (2) of this 
section.
    (1) Using the CPMS required in Sec. 63.7330(f), measure and record 
the pressure drop for each particulate matter test run during periods of 
pushing. A minimum of one pressure drop measurement must be obtained for 
each push.
    (2) Compute and record the average pressure drop for each test run. 
Your operating limit is the highest average pressure drop value recorded 
during any of the three runs that meet the emission limit.
    (e) You may change the operating limit for a venturi scrubber, 
capture system, or mobile control device that captures emissions during 
pushing if you meet the requirements in paragraphs (e)(1) through (3) of 
this section.
    (1) Submit a written notification to the Administrator of your 
request to conduct a new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate that emissions of 
particulate matter from the control device do not exceed the applicable 
limit in Sec. 63.7290(a).
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) through (d) of this section.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60818, Oct. 13, 2004]



Sec. 63.7324  What procedures must I use to demonstrate initial compliance 

with the opacity limits?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in paragraph (b) of this 
section.
    (b) To determine compliance with the daily average opacity limit for 
stacks of 15 percent for a by-product coke oven battery on a normal 
coking cycle or 20 percent for a by-product coke oven battery on 
batterywide extended coking, follow the test methods and

[[Page 100]]

procedures in paragraphs (b)(1) through (3) of this section.
    (1) Using the continuous opacity monitoring system (COMS) required 
in Sec. 63.7330(e), measure and record the opacity of emissions from 
each battery stack for a 24-hour period.
    (2) Reduce the monitoring data to hourly averages as specified in 
Sec. 63.8(g)(2).
    (3) Compute and record the 24-hour (daily) average of the COMS data.



Sec. 63.7325  What test methods and other procedures must I use to demonstrate 

initial compliance with the TDS or constituent limits for quench water?

    (a) If you elect the TDS limit for quench water in Sec. 
63.7295(a)(1)(i), you must conduct each performance test that applies to 
your affected source according to the conditions in paragraphs (a)(1) 
and (2) of this section.
    (1) Take the quench water sample from a location that provides a 
representative sample of the quench water as applied to the coke (e.g., 
from the header that feeds water to the quench tower reservoirs). 
Conduct sampling under normal and representative operating conditions.
    (2) Determine the TDS concentration of the sample using Method 160.1 
in 40 CFR part 136.3 (see ``residue--filterable''), except that you must 
dry the total filterable residue at 103 to 105 [deg]C (degrees 
Centigrade) instead of 180 [deg]C.
    (b) If at any time you elect to meet the alternative requirements 
for quench water in Sec. 63.7295(a)(1)(ii), you must establish a site-
specific constituent limit according to the procedures in paragraphs 
(b)(1) through (4) of this section.
    (1) Take a minimum of nine quench water samples from a location that 
provides a representative sample of the quench water as applied to the 
coke (e.g., from the header that feeds water to the quench tower 
reservoirs). Conduct sampling under normal and representative operating 
conditions.
    (2) For each sample, determine the TDS concentration according to 
the requirements in paragraph (a)(2) of this section and the 
concentration of benzene, benzo(a)pyrene, and naphthalene using the 
applicable methods in 40 CFR part 136 or an approved alternative method.
    (3) Determine and record the highest sum of the concentrations of 
benzene, benzo(a)pyrene, and naphthalene in any sample that has a TDS 
concentration less than or equal to the TDS limit of 1,100 mg/L. This 
concentration is the site-specific constituent limit.
    (4) Submit the site-specific limit, sampling results, and all 
supporting data and calculations to your permitting authority for review 
and approval.
    (c) If you elect the constituent limit for quench water in Sec. 
63.7295(a)(1)(ii), you must conduct each performance test that applies 
to your affected source according to the conditions in paragraphs (c)(1) 
and (2) of this section.
    (1) Take a quench water sample from a location that provides a 
representative sample of the quench water as applied to the coke (e.g., 
from the header that feeds water to the quench tower reservoirs). 
Conduct sampling under normal and representative operating conditions.
    (2) Determine the sum of the concentration of benzene, 
benzo(a)pyrene, and naphthalene in the sample using the applicable 
methods in 40 CFR part 136 or an approved alternative method.



Sec. 63.7326  How do I demonstrate initial compliance with the emission 

limitations that apply to me?

    (a) For each coke oven battery subject to the emission limit for 
particulate matter from a control device applied to pushing emissions, 
you have demonstrated initial compliance if you meet the requirements in 
paragraphs (a)(1) through (4) of this section that apply to you.
    (1) The concentration of particulate matter, measured in accordance 
with the performance test procedures in Sec. 63.7322(b)(1) and (2), did 
not exceed 0.01 gr/dscf for a control device where a cokeside shed is 
used to capture pushing emissions or the process-weighted mass rate of 
particulate matter (lb/ton of coke), measured in accordance with the 
performance test procedures in Sec. 63.7322(b)(1) through (4), did not 
exceed:
    (i) 0.02 lb/ton of coke if a moveable hood vented to a stationary 
control device is used to capture emissions;

[[Page 101]]

    (ii) If a mobile scrubber car that does not capture emissions during 
travel is used, 0.03 lb/ton of coke from a control device applied to 
pushing emissions from a short coke oven battery or 0.01 lb/ton of coke 
from a control device applied to pushing emissions from a tall coke oven 
battery; and
    (iii) 0.04 lb/ton of coke if a mobile control device that captures 
emissions during travel is used.
    (2) For each venturi scrubber applied to pushing emissions, you have 
established appropriate site-specific operating limits and have a record 
of the pressure drop and scrubber water flow rate measured during the 
performance test in accordance with Sec. 63.7323(a).
    (3) For each hot water scrubber applied to pushing emissions, you 
have established appropriate site-specific operating limits and have a 
record of the water pressure and temperature measured during the 
performance test in accordance with Sec. 63.7323(b).
    (4) For each capture system applied to pushing emissions, you have 
established an appropriate site-specific operating limit, and:
    (i) If you elect the operating limit in Sec. 63.7290(b)(3) for 
volumetric flow rate, you have a record of the total volumetric flow 
rate at the inlet of the control device measured during the performance 
test in accordance with Sec. 63.7323(c)(1); or
    (ii) If you elect the operating limit in Sec. 63.7290(b)(3)(i) for 
fan motor amperes, you have a record of the fan motor amperes during the 
performance test in accordance with Sec. 63.7323(c)(2); or
    (iii) If you elect the operating limit in Sec. 63.7290(b)(3)(ii) 
for static pressure or fan RPM, you have a record of the static pressure 
at the inlet of the control device or fan RPM measured during the 
performance test in accordance with Sec. 63.7323(c)(3).
    (5) For each multicyclone applied to pushing emissions, you have 
established an appropriate site-specific operating limit and have a 
record of the pressure drop measured during the performance test in 
accordance with Sec. 63.7323(d).
    (b) For each new or existing by-product coke oven battery subject to 
the opacity limit for stacks in Sec. 63.7296(a), you have demonstrated 
initial compliance if the daily average opacity, as measured according 
to the performance test procedures in Sec. 63.7324(b), is no more than 
15 percent for a battery on a normal coking cycle or 20 percent for a 
battery on batterywide extended coking.
    (c) For each new or existing by-product coke oven battery subject to 
the TDS limit or constituent limits for quench water in Sec. 
63.7295(a)(1),
    (1) You have demonstrated initial compliance with the TDS limit in 
Sec. 63.7295(a)(1)(i) if the TDS concentration, as measured according 
to the performance test procedures in Sec. 63.7325(a), does not exceed 
1,100 mg/L.
    (2) You have demonstrated initial compliance with the constituent 
limit in Sec. 63.7295(a)(1)(ii) if:
    (i) You have established a site-specific constituent limit according 
to the procedures in Sec. 63.7325(b); and
    (ii) The sum of the constituent concentrations, as measured 
according to the performance test procedures in Sec. 63.7325(c), is 
less than or equal to the site-specific limit.
    (d) For each by-product coke oven battery stack subject to an 
opacity limit in Sec. 63.7296(a) and each by-product coke oven battery 
subject to the requirements for quench water in Sec. 63.7295(a)(1), you 
must submit a notification of compliance status containing the results 
of the COMS performance test for battery stacks and the quench water 
performance test (TDS or constituent limit) according to Sec. 
63.7340(e)(1). For each particulate matter emission limitation that 
applies to you, you must submit a notification of compliance status 
containing the results of the performance test according to Sec. 
63.7340(e)(2).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec. 63.7327  How do I demonstrate initial compliance with the work practice 

standards that apply to me?

    (a) For each by-product coke oven battery with vertical flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec. 63.7291(a), you have demonstrated initial compliance if you 
certify in your notification of compliance status that you will

[[Page 102]]

meet each of the work practice requirements beginning no later than the 
compliance date that is specified in Sec. 63.7283.
    (b) For each by-product coke oven battery with horizontal flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec. 63.7292(a), you have demonstrated initial compliance if you have 
met the requirements of paragraphs (b)(1) and (2) of this section:
    (1) You have prepared and submitted a written plan and supporting 
documentation establishing appropriate minimum flue temperatures for 
different coking times and the lowest acceptable temperature to the 
Administrator (or delegated authority) for review and approval; and
    (2) You certify in your notification of compliance status that you 
will meet each of the work practice requirements beginning no later than 
the compliance date that is specified in Sec. 63.7283.
    (c) For each non-recovery coke oven battery subject to the work 
practice standards for fugitive pushing emissions in Sec. 63.7293(a), 
you have demonstrated initial compliance if you certify in your 
notification of compliance status that you will meet each of the work 
practice requirements beginning no later than the compliance date that 
is specified in Sec. 63.7283.
    (d) For each by-product coke oven battery subject to the work 
practice standards for soaking in Sec. 63.7294, you have demonstrated 
initial compliance if you have met the requirements of paragraphs (d)(1) 
and (2) of this section:
    (1) You have prepared and submitted a written work practice plan in 
accordance with Sec. 63.7294(a); and
    (2) You certify in your notification of compliance status that you 
will meet each of the work practice requirements beginning no later than 
the compliance date that is specified in Sec. 63.7283.
    (e) For each coke oven battery, you have demonstrated initial 
compliance with the work practice standards for quenching in Sec. 
63.7295(b) if you certify in your notification of compliance status that 
you have met the requirements of paragraphs (e)(1) and (2) of this 
section:
    (1) You have installed the required equipment in each quench tower; 
and
    (2) You will meet each of the work practice requirements beginning 
no later than the compliance date that is specified in Sec. 63.7283.
    (f) For each work practice standard that applies to you, you must 
submit a notification of compliance status according to the requirements 
in Sec. 63.7340(e)(1).



Sec. 63.7328  How do I demonstrate initial compliance with the operation and 

maintenance requirements that apply to me?

    You have demonstrated initial compliance if you certify in your 
notification of compliance status that you have met the requirements of 
paragraphs (a) through (d) of this section:
    (a) You have prepared the operation and maintenance plans according 
to the requirements in Sec. 63.7300(b) and (c);
    (b) You will operate each by-product coke oven battery and each 
capture system and control device applied to pushing emissions from a 
coke oven battery according to the procedures in the plans beginning no 
later than the compliance date that is specified in Sec. 63.7283;
    (c) You have prepared a site-specific monitoring plan according to 
the requirements in Sec. 63.7331(b); and
    (d) You submit a notification of compliance status according to the 
requirements in Sec. 63.7340(e).

                   Continuous Compliance Requirements



Sec. 63.7330  What are my monitoring requirements?

    (a) For each baghouse applied to pushing emissions from a coke oven 
battery, you must at all times monitor the relative change in 
particulate matter loadings using a bag leak detection system according 
to the requirements in Sec. 63.7331(a) and conduct inspections at their 
specified frequency according to the requirements in paragraphs (a)(1) 
through (8) of this section.
    (1) Monitor the pressure drop across each baghouse cell each day to 
ensure pressure drop is within the normal operating range identified in 
the manual;
    (2) Confirm that dust is being removed from hoppers through weekly 
visual inspections or equivalent means of ensuring the proper 
functioning of removal mechanisms;

[[Page 103]]

    (3) Check the compressed air supply for pulse-jet baghouses each 
day;
    (4) Monitor cleaning cycles to ensure proper operation using an 
appropriate methodology;
    (5) Check bag cleaning mechanisms for proper functioning through 
monthly visual inspection or equivalent means;
    (6) Make monthly visual checks of bag tension on reverse air and 
shaker-type baghouses to ensure that bags are not kinked (kneed or bent) 
or laying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices;
    (7) Confirm the physical integrity of the baghouse through quarterly 
visual inspections of the baghouse interior for air leaks; and
    (8) Inspect fans for wear, material buildup, and corrosion through 
quarterly visual inspections, vibration detectors, or equivalent means.
    (b) For each venturi scrubber applied to pushing emissions, you must 
at all times monitor the pressure drop and water flow rate using a CPMS 
according to the requirements in Sec. 63.7331(e).
    (c) For each hot water scrubber applied to pushing emissions, you 
must at all times monitor the water pressure and temperature using a 
CPMS according to the requirements in Sec. 63.7331(f).
    (d) For each capture system applied to pushing emissions, you must 
at all times monitor the volumetric flow rate according to the 
requirements in Sec. 63.7331(g), the fan motor amperes according to the 
requirements in Sec. 63.7331(h), or the static pressure or the fan RPM 
according to the requirements in Sec. 63.7331(i).
    (e) For each by-product coke oven battery, you must monitor at all 
times the opacity of emissions exiting each stack using a COMS according 
to the requirements in Sec. 63.7331(j).
    (f) For each multicyclone applied to pushing emissions, you must 
monitor at all times the pressure drop using a CPMS according to the 
requirements in Sec. 63.7331(k).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec. 63.7331  What are the installation, operation, and maintenance 

requirements for my monitors?

    (a) For each baghouse applied to pushing emissions, you must 
install, operate, and maintain each bag leak detection system according 
to the requirements in paragraphs (a)(1) through (7) of this section.
    (1) The system must be certified by the manufacturer to be capable 
of detecting emissions of particulate matter at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less;
    (2) The system must provide output of relative changes in 
particulate matter loadings;
    (3) The system must be equipped with an alarm that will sound when 
an increase in relative particulate loadings is detected over a preset 
level. The alarm must be located such that it can be heard by the 
appropriate plant personnel;
    (4) Each system that works based on the triboelectric effect must be 
installed, operated, and maintained in a manner consistent with the 
guidance document, ``Fabric Filter Bag Leak Detection Guidance'' (EPA-
454/R-98-015, September 1997). You may install, operate, and maintain 
other types of bag leak detection systems in a manner consistent with 
the manufacturer's written specifications and recommendations;
    (5) To make the initial adjustment of the system, establish the 
baseline output by adjusting the sensitivity (range) and the averaging 
period of the device. Then, establish the alarm set points and the alarm 
delay time;
    (6) Following the initial adjustment, do not adjust the sensitivity 
or range, averaging period, alarm set points, or alarm delay time, 
except as detailed in your operation and maintenance plan. Do not 
increase the sensitivity by more than 100 percent or decrease the 
sensitivity by more than 50 percent over a 365-day period unless a 
responsible official certifies, in writing, that the baghouse has been 
inspected and found to be in good operating condition; and
    (7) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.

[[Page 104]]

    (b) For each CPMS required in Sec. 63.7330, you must develop and 
make available for inspection upon request by the permitting authority a 
site-specific monitoring plan that addresses the requirements in 
paragraphs (b)(1) through (6) of this section.
    (1) Installation of the CPMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the parametric signal analyzer, and the data collection and 
reduction system;
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations);
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec. 63.8(c)(1), (3), (4)(ii), (7), 
and (8);
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 63.8(d); and
    (6) Ongoing recordkeeping and reporting procedures in accordance the 
general requirements of Sec. Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (c) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (d) You must operate and maintain the CPMS in continuous operation 
according to the site-specific monitoring plan.
    (e) For each venturi scrubber applied to pushing emissions, you must 
install, operate, and maintain CPMS to measure and record the pressure 
drop across the scrubber and scrubber water flow rate during each push 
according to the requirements in paragraphs (b) through (d) of this 
section except as specified in paragraphs (e)(1) through (3) of this 
section.
    (1) Each CPMS must complete a measurement at least once per push;
    (2) Each CPMS must produce valid data for all pushes; and
    (3) Each CPMS must determine and record the daily (24-hour) average 
of all recorded readings.
    (f) For each hot water scrubber applied to pushing emissions, you 
must install, operate, and maintain CPMS to measure and record the water 
pressure and temperature during each push according to the requirements 
in paragraphs (b) through (d) of this section, except as specified in 
paragraphs (e)(1) through (3) of this section.
    (g) If you elect the operating limit in Sec. 63.7290(b)(3) for a 
capture system applied to pushing emissions, you must install, operate, 
and maintain a device to measure the total volumetric flow rate at the 
inlet of the control device.
    (h) If you elect the operating limit in Sec. 63.7290(b)(3)(i) for a 
capture system applied to pushing emissions, you must install, operate, 
and maintain a device to measure the fan motor amperes.
    (i) If you elect the operating limit in Sec. 63.7290(b)(3)(ii) for 
a capture system applied to pushing emissions, you must install, operate 
and maintain a device to measure static pressure at the inlet of the 
control device or the fan RPM.
    (j) For each by-product coke oven battery, you must install, 
operate, and maintain a COMS to measure and record the opacity of 
emissions exiting each stack according to the requirements in paragraphs 
(j)(1) through (5) of this section.
    (1) You must install, operate, and maintain each COMS according to 
the requirements in Sec. 63.8(e) and Performance Specification 1 in 40 
CFR part 60, appendix B. Identify periods the COMS is out-of-control, 
including any periods that the COMS fails to pass a daily calibration 
drift assessment, quarterly performance audit, or annual zero alignment 
audit.
    (2) You must conduct a performance evaluation of each COMS according 
to the requirements in Sec. 63.8 and Performance Specification 1 in 
appendix B to 40 CFR part 60;
    (3) You must develop and implement a quality control program for 
operating and maintaining each COMS according to the requirements in 
Sec. 63.8(d). At minimum, the quality control program must include a 
daily calibration drift assessment, quarterly performance audit, and an 
annual zero alignment audit of each COMS;
    (4) Each COMS must complete a minimum of one cycle of sampling and

[[Page 105]]

analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period. You must reduce the COMS 
data as specified in Sec. 63.8(g)(2).
    (5) You must determine and record the hourly and daily (24-hour) 
average opacity according to the procedures in Sec. 63.7324(b) using 
all the 6-minute averages collected for periods during which the COMS is 
not out-of-control.
    (k) For each multicyclone applied to pushing emissions, you must 
install, operate, and maintain CPMS to measure and record the pressure 
drop across each multicyclone during each push according to the 
requirements in paragraphs (b) through (d) of this section except as 
specified in paragraphs (e)(1) through (3) of this section.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec. 63.7332  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times the affected source is operating.
    (b) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels, or in fulfilling a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitor to provide 
valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.



Sec. 63.7333  How do I demonstrate continuous compliance with the emission 

limitations that apply to me?

    (a) For each control device applied to pushing emissions and subject 
to the emission limit in Sec. 63.7290(a), you must demonstrate 
continuous compliance by meeting the requirements in paragraphs (a)(1) 
and (2) of this section:
    (1) Maintaining emissions of particulate matter at or below the 
applicable limits in paragraphs Sec. 63.7290(a)(1) through (4); and
    (2) Conducting subsequent performance tests to demonstrate 
continuous compliance no less frequently than twice during each term of 
your title V operating permit (at mid-term and renewal).
    (b) For each venturi scrubber applied to pushing emissions and 
subject to the operating limits in Sec. 63.7290(b)(1), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Maintaining the daily average pressure drop and scrubber water 
flow rate at levels no lower than those established during the initial 
or subsequent performance test.
    (2) Operating and maintaining each CPMS according to Sec. 
63.7331(b) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for pressure drop and 
scrubber water flow rate according to Sec. 63.7331(e)(1) through (3).
    (c) For each hot water scrubber applied to pushing emissions and 
subject to the operating limits in Sec. 63.7290(b)(2), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraphs (c)(1) through (3) of this section.
    (1) Maintaining the daily average water pressure and temperature at 
levels no lower than those established during the initial or subsequent 
performance test.
    (2) Operating and maintaining each CPMS according to Sec. 
63.7331(b) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for water pressure and 
temperature according to Sec. 63.7331(f).
    (d) For each capture system applied to pushing emissions and subject 
to the operating limit in Sec. 63.7290(b)(3), you must demonstrate 
continuous compliance by meeting the requirements in

[[Page 106]]

paragraph (d)(1), (2), or (3) of this section:
    (1) If you elect the operating limit for volumetric flow rate in 
Sec. 63.7290(b)(3):
    (i) Maintaining the daily average volumetric flow rate at the inlet 
of the control device at or above the minimum level established during 
the initial or subsequent performance test; and
    (ii) Checking the volumetric flow rate at least every 8 hours to 
verify the daily average is at or above the minimum level established 
during the initial or subsequent performance test and recording the 
results of each check.
    (2) If you elect the operating limit for fan motor amperes in Sec. 
63.7290(b)(3)(i):
    (i) Maintaining the daily average fan motor amperages at or above 
the minimum level established during the initial or subsequent 
performance test; and
    (ii) Checking the fan motor amperage at least every 8 hours to 
verify the daily average is at or above the minimum level established 
during the initial or subsequent performance test and recording the 
results of each check.
    (3) If you elect the operating limit for static pressure or fan RPM 
in Sec. 63.7290(b)(3)(ii):
    (i) Maintaining the daily average static pressure at the inlet to 
the control device at an equal or greater vacuum than established during 
the initial or subsequent performance test or the daily average fan RPM 
at or above the minimum level established during the initial or 
subsequent performance test; and
    (ii) Checking the static pressure or fan RPM at least every 8 hours 
to verify the daily average static pressure at the inlet to the control 
device is at an equal or greater vacuum than established during the 
initial or subsequent performance test or the daily average fan RPM is 
at or above the minimum level established during the initial or 
subsequent performance test and recording the results of each check.
    (e) Beginning on the first day compliance is required under Sec. 
63.7283, you must demonstrate continuous compliance for each by-product 
coke oven battery subject to the opacity limit for stacks in Sec. 
63.7296(a) by meeting the requirements in paragraphs (e)(1) and (2) of 
this section:
    (1) Maintaining the daily average opacity at or below 15 percent for 
a battery on a normal coking cycle or 20 percent for a battery on 
batterywide extended coking; and
    (2) Operating and maintaining a COMS and collecting and reducing the 
COMS data according to Sec. 63.7331(j).
    (f) Beginning on the first day compliance is required under Sec. 
63.7283, you must demonstrate continuous compliance with the TDS limit 
for quenching in Sec. 63.7295(a)(1)(i) by meeting the requirements in 
paragraphs (f)(1) and (2) of this section:
    (1) Maintaining the TDS content of the water used to quench hot coke 
at 1,100 mg/L or less; and
    (2) Determining the TDS content of the quench water at least weekly 
according to the requirements in Sec. 63.7325(a) and recording the 
sample results.
    (g) Beginning on the first day compliance is required under Sec. 
63.7283, you must demonstrate continuous compliance with the constituent 
limit for quenching in Sec. 63.7295(a)(1)(ii) by meeting the 
requirements in paragraphs (g)(1) and (2) of this section:
    (1) Maintaining the sum of the concentrations of benzene, 
benzo(a)pyrene, and naphthalene in the water used to quench hot coke at 
levels less than or equal to the site-specific limit approved by the 
permitting authority; and
    (2) Determining the sum of the constituent concentrations at least 
monthly according to the requirements in Sec. 63.7325(c) and recording 
the sample results.
    (h) For each multicyclone applied to pushing emissions and subject 
to the operating limit in Sec. 63.7290(b)(4), you must demonstrate 
compliance by meeting the requirements in paragraphs (h)(1) through (3) 
of this section.
    (1) Maintaining the daily average pressure drop at a level at or 
below the level established during the initial or subsequent performance 
test.

[[Page 107]]

    (2) Operating and maintaining each CPMS according to Sec. 
63.7331(k) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for pressure drop 
according to Sec. 63.7331(e)(1) through (3).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec. 63.7334  How do I demonstrate continuous compliance with the work 

practice standards that apply to me?

    (a) For each by-product coke oven battery with vertical flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec. 63.7291(a), you must demonstrate continuous compliance according 
to the requirements of paragraphs (a)(1) through (8) of this section:
    (1) Observe and record the opacity of fugitive emissions for four 
consecutive pushes per operating day, except you may make fewer or non-
consecutive observations as permitted by Sec. 63.7291(a)(3). Maintain 
records of the pushing schedule for each oven and records indicating the 
legitimate operational reason for any change in the pushing schedule 
according to Sec. 63.7291(a)(4).
    (2) Observe and record the opacity of fugitive emissions from each 
oven in a battery at least once every 90 days. If an oven cannot be 
observed during a 90-day period, observe and record the opacity of the 
first push of that oven following the close of the 90-day period that 
can be read in accordance with the procedures in paragraphs (a)(1) 
through (8) of this section.
    (3) Make all observations and calculations for opacity observations 
of fugitive pushing emissions in accordance with Method 9 in appendix A 
to 40 CFR part 60 using a Method 9 certified observer unless you have an 
approved alternative procedure under paragraph (a)(7) of this section.
    (4) Record pushing opacity observations at 15-second intervals as 
required in section 2.4 of Method 9 (appendix A to 40 CFR part 60). The 
requirement in section 2.4 of Method 9 for a minimum of 24 observations 
does not apply, and the data reduction requirements in section 2.5 of 
Method 9 do not apply. The requirement in Sec. 63.6(h)(5)(ii)(B) for 
obtaining at least 3 hours of observations (thirty 6-minute averages) to 
demonstrate initial compliance does not apply.
    (5) If fewer than six but at least four 15-second observations can 
be made, use the average of the total number of observations to 
calculate average opacity for the push. Missing one or more observations 
during the push (e.g., as the quench car passes behind a building) does 
not invalidate the observations before or after the interference for 
that push. However, a minimum of four 15-second readings must be made 
for a valid observation.
    (6) Begin observations for a push at the first detectable movement 
of the coke mass. End observations of a push when the quench car enters 
the quench tower.
    (i) For a battery without a cokeside shed, observe fugitive pushing 
emissions from a position at least 10 meters from the quench car that 
provides an unobstructed view and avoids interferences from the topside 
of the battery. This may require the observer to be positioned at an 
angle to the quench car rather than perpendicular to it. Typical 
interferences to avoid include emissions from open standpipes and 
charging. Observe the opacity of emissions above the battery top with 
the sky as the background where possible. Record the oven number of any 
push not observed because of obstructions or interferences.
    (ii) For a battery with a cokeside shed, the observer must be in a 
position that provides an unobstructed view and avoids interferences 
from the topside of the battery. Typical interferences to avoid include 
emissions from open standpipes and charging. Observations must include 
any fugitive emissions that escape from the top of the shed, from the 
ends of the shed, or from the area where the shed is joined to the 
battery. If the observer does not have a clear view to identify when a 
push starts or ends, a second person can be positioned to signal the 
start or end of the push and notify the observer when to start or end 
the observations. Radio communications with other

[[Page 108]]

plant personnel (e.g., pushing ram operator or quench car operator) may 
also serve to notify the observer of the start or end of a push. Record 
the oven number of any push not observed because of obstructions or 
interferences.
    (iii) You may reposition after the push to observe emissions during 
travel if necessary.
    (7) If it is infeasible to implement the procedures in paragraphs 
(a)(1) through (6) of this section for an oven due to physical 
obstructions, nighttime pushes, or other reasons, you may apply to your 
permitting authority for permission to use an alternative procedure. The 
application must provide a detailed explanation of why it is infeasible 
to use the procedures in paragraphs (a)(1) through (6) of this section, 
identify the oven and battery numbers, and describe the alternative 
procedure. An alternative procedure must identify whether the coke in 
that oven is not completely coked, either before, during, or after an 
oven is pushed.
    (8) For each oven observed that exceeds an opacity of 30 percent for 
any short battery or 35 percent for any tall battery, you must take 
corrective action and/or increase the coking time in accordance with 
Sec. 63.7291(a). Maintain records documenting conformance with the 
requirements in Sec. 63.7291(a).
    (b) For each by-product coke oven battery with horizontal flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec. 63.7292(a), you must demonstrate continuous compliance by having 
met the requirements of paragraphs (b)(1) through (3) of this section:
    (1) Measuring and recording the temperature of all flues on two 
ovens per day within 2 hours before the oven's scheduled pushing time 
and ensuring that the temperature of each oven is measured and recorded 
at least once every month;
    (2) Recording the time each oven is charged and pushed and 
calculating and recording the net coking time for each oven; and
    (3) Increasing the coking time for each oven that falls below the 
minimum flue temperature trigger established for that oven's coking time 
in the written plan required in Sec. 63.7292(a)(1), assigning the oven 
to the oven-directed program, and recording all relevant information 
according to the requirements in Sec. 63.7292(a)(4) including, but not 
limited to, daily pushing schedules, diagnostic procedures, corrective 
actions, and oven repairs.
    (c) For each non-recovery coke oven battery subject to the work 
practice standards in Sec. 63.7293(a), you must demonstrate continuous 
compliance by maintaining records that document each visual inspection 
of an oven prior to pushing and that the oven was not pushed unless 
there was no smoke in the open space above the coke bed and there was an 
unobstructed view of the door on the opposite side of the oven.
    (d) For each by-product coke oven battery subject to the work 
practice standard for soaking in Sec. 63.7294(a), you must demonstrate 
continuous compliance by maintaining records that document conformance 
with requirements in Sec. 63.7294(a)(1) through (5).
    (e) For each coke oven battery subject to the work practice standard 
for quenching in Sec. 63.7295(b), you must demonstrate continuous 
compliance according to the requirements of paragraphs (e)(1) through 
(3) of this section:
    (1) Maintaining baffles in each quench tower such that no more than 
5 percent of the cross-sectional area of the tower is uncovered or open 
to the sky as required in Sec. 63.7295(b)(1);
    (2) Maintaining records that document conformance with the washing, 
inspection, and repair requirements in Sec. 63.7295(b)(2), including 
records of the ambient temperature on any day that the baffles were not 
washed; and
    (3) Maintaining records of the source of makeup water to document 
conformance with the requirement for acceptable makeup water in Sec. 
63.7295(a)(2).



Sec. 63.7335  How do I demonstrate continuous compliance with the operation 

and maintenance requirements that apply to me?

    (a) For each by-product coke oven battery, you must demonstrate 
continuous compliance with the operation and maintenance requirements in 
Sec. 63.7300(b) by adhering at all times to the plan requirements and 
recording all information needed to document conformance.

[[Page 109]]

    (b) For each coke oven battery with a capture system or control 
device applied to pushing emissions, you must demonstrate continuous 
compliance with the operation and maintenance requirements in Sec. 
63.7300(c) by meeting the requirements of paragraphs (b)(1) through (3) 
of this section:
    (1) Making monthly inspections of capture systems according to Sec. 
63.7300(c)(1) and recording all information needed to document 
conformance with these requirements;
    (2) Performing preventative maintenance for each control device 
according to Sec. 63.7300(c)(2) and recording all information needed to 
document conformance with these requirements; and
    (3) Initiating and completing corrective action for a bag leak 
detection system alarm according to Sec. 63.7300(c)(3) and recording 
all information needed to document conformance with these requirements. 
This includes records of the times the bag leak detection system alarm 
sounds, and for each valid alarm, the time you initiated corrective 
action, the corrective action(s) taken, and the date on which corrective 
action is completed.
    (c) To demonstrate continuous compliance with the operation and 
maintenance requirements for a baghouse applied to pushing emissions 
from a coke oven battery in Sec. 63.7331(a), you must inspect and 
maintain each baghouse according to the requirements in Sec. 
63.7331(a)(1) through (8) and record all information needed to document 
conformance with these requirements. If you increase or decrease the 
sensitivity of the bag leak detection system beyond the limits specified 
in Sec. 63.7331(a)(6), you must include a copy of the required written 
certification by a responsible official in the next semiannual 
compliance report.
    (d) You must maintain a current copy of the operation and 
maintenance plans required in Sec. 63.7300(b) and (c) onsite and 
available for inspection upon request. You must keep the plans for the 
life of the affected source or until the affected source is no longer 
subject to the requirements of this subpart.



Sec. 63.7336  What other requirements must I meet to demonstrate continuous 

compliance?

    (a) Deviations. You must report each instance in which you did not 
meet each emission limitation in this subpart that applies to you. This 
includes periods of startup, shutdown, and malfunction. You must also 
report each instance in which you did not meet each work practice 
standard or operation and maintenance requirement in this subpart that 
applies to you. These instances are deviations from the emission 
limitations (including operating limits), work practice standards, and 
operation and maintenance requirements in this subpart. These deviations 
must be reported according to the requirements in Sec. 63.7341.
    (b) Startup, shutdowns, and malfunctions. (1) Consistent with 
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period 
of startup, shutdown, or malfunction are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with Sec. 63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec. 63.6(e).

[68 FR 18025, Apr. 14, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

                   Notification, Reports, and Records



Sec. 63.7340  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e) and (f)(4), and 63.9(b) 
through (h) that apply to you by the specified dates.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before April 14, 2003, you must submit your initial notification 
no later than August 12, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you startup your new 
affected source on or after April 14, 2003, you must submit your initial 
notification no later than 120 calendar days after you become subject to 
this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a

[[Page 110]]

notification of intent to conduct a performance test at least 60 
calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test, opacity 
observation, or other initial compliance demonstration, you must submit 
a notification of compliance status according to Sec. 63.9(h)(2)(ii).
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the notification of compliance status, 
including the performance test results, before the close of business on 
the 60th calendar day following completion of the performance test 
according to Sec. 63.10(d)(2).
    (f) For each by-product coke oven battery with horizontal flues, you 
must notify the Administrator (or delegated authority) of the date on 
which the study of flue temperatures required by Sec. 63.7292(a)(3) 
will be initiated. You must submit this notification no later than 7 
days prior to the date you initiate the study.



Sec. 63.7341  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit quarterly compliance 
reports for battery stacks and semiannual compliance reports for all 
other affected sources to your permitting authority according to the 
requirements in paragraphs (a)(1) through (4) of this section.
    (1) The first quarterly compliance report for battery stacks must 
cover the period beginning on the compliance date that is specified for 
your affected source in Sec. 63.7283 and ending on the last date of the 
third calendar month. Each subsequent compliance report must cover the 
next calendar quarter.
    (2) The first semiannual compliance report must cover the period 
beginning on the compliance date that is specified for your affected 
source in Sec. 63.7283 and ending on June 30 or December 31, whichever 
date comes first after the compliance date that is specified for your 
affected source. Each subsequent compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31.
    (3) All quarterly compliance reports for battery stacks must be 
postmarked or delivered no later than one calendar month following the 
end of the quarterly reporting period. All semiannual compliance reports 
must be postmarked or delivered no later than July 31 or January 31, 
whichever date is the first date following the end of the semiannual 
reporting period.
    (4) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (a)(1) through (3) of 
this section.
    (b) Quarterly compliance report contents. Each quarterly report must 
provide information on compliance with the emission limitations for 
battery stacks in Sec. 63.7296. The reports must include the 
information in paragraphs (c)(1) through (3), and as applicable, 
paragraphs (c)(4) through (8) of this section.
    (c) Semiannual compliance report contents. Each compliance report 
must provide information on compliance with the emission limitations, 
work practice standards, and operation and maintenance requirements for 
all affected sources except battery stacks. The reports must include the 
information in paragraphs (c)(1) through (3) of this section, and as 
applicable, paragraphs (c)(4) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.

[[Page 111]]

    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec. 63.10(d)(5)(i).
    (5) If there were no deviations from the continuous compliance 
requirements in Sec. 63.7333(e) for battery stacks, a statement that 
there were no deviations from the emission limitations during the 
reporting period. If there were no deviations from the continuous 
compliance requirements in Sec. Sec. 63.7333 through 63.7335 that apply 
to you (for all affected sources other than battery stacks), a statement 
that there were no deviations from the emission limitations, work 
practice standards, or operation and maintenance requirements during the 
reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including COMS, continuous emission monitoring system (CEMS), or 
CPMS) was out-of-control as specified in Sec. 63.8(c)(7), a statement 
that there were no periods during which a continuous monitoring system 
was out-of-control during the reporting period.
    (7) For each deviation from an emission limitation in this subpart 
(including quench water limits) and for each deviation from the 
requirements for work practice standards in this subpart that occurs at 
an affected source where you are not using a continuous monitoring 
system (including a COMS, CEMS, or CPMS) to comply with the emission 
limitations in this subpart, the compliance report must contain the 
information in paragraphs (c)(4) and (7)(i) and (ii) of this section. 
This includes periods of startup, shutdown, and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable) as applicable and the 
corrective action taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a continuous monitoring system 
(including COMS, CEMS, or CPMS) to comply with the emission limitation 
in this subpart, you must include the information in paragraphs (c)(4) 
and (8)(i) through (xii) of this section. This includes periods of 
startup, shutdown, and malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring system 
(including COMS, CEMS, or CPMS) was inoperative, except for zero (low-
level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system (including COMS, CEMS, or CPMS) was out-of-control, including the 
information in Sec. 63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) An identification of each HAP that was monitored at the 
affected source.
    (ix) A brief description of the process units.
    (x) A brief description of the continuous monitoring system.
    (xi) The date of the latest continuous monitoring system 
certification or audit.
    (xii) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (d) Immediate startup, shutdown, and malfunction report. If you had 
a startup,

[[Page 112]]

shutdown, or malfunction during the semiannual reporting period that was 
not consistent with your startup, shutdown, and malfunction plan, you 
must submit an immediate startup, shutdown, and malfunction report 
according to the requirements in Sec. 63.10(d)(5)(ii).
    (e) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 40 
CFR part 71, you must report all deviations as defined in this subpart 
in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an affected source along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the 
required information concerning deviations from any emission limitation 
or work practice standard in this subpart, submission of the compliance 
report satisfies any obligation to report the same deviations in the 
semiannual monitoring report. However, submission of a compliance report 
does not otherwise affect any obligation you may have to report 
deviations from permit requirements to your permitting authority.



Sec. 63.7342  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, performance evaluations, and 
opacity observations as required in Sec. 63.10(b)(2)(viii).
    (b) For each COMS or CEMS, you must keep the records specified in 
paragraphs (b)(1) through (4) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) Monitoring data for COMS during a performance evaluation as 
required in Sec. 63.6(h)(7)(i) and (ii).
    (3) Previous (that is, superceded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records in Sec. 63.6(h)(6) for visual 
observations.
    (d) You must keep the records required in Sec. Sec. 63.7333 through 
63.7335 to show continuous compliance with each emission limitation, 
work practice standard, and operation and maintenance requirement that 
applies to you.



Sec. 63.7343  In what form and how long must I keep my records?

    (a) You must keep your records in a form suitable and readily 
available for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7350  What parts of the General Provisions apply to me?

    Table 1 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.7351  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA), or a delegated 
authority such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and

[[Page 113]]

enforce this subpart. You should contact your U.S. EPA Regional Office 
to find out if this subpart is delegated to your 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 the U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (6) of this section 
will not be delegated to State, local, or tribal agencies.
    (1) Approval of alternatives to work practice standards for fugitive 
pushing emissions in Sec. 63.7291(a) for a by-product coke oven battery 
with vertical flues, fugitive pushing emissions in Sec. 63.7292(a) for 
a by-product coke oven battery with horizontal flues, fugitive pushing 
emissions in Sec. 63.7293 for a non-recovery coke oven battery, soaking 
for a by-product coke oven battery in Sec. 63.7294(a), and quenching 
for a coke oven battery in Sec. 63.7295(b) under Sec. 63.6(g).
    (2) Approval of alternative opacity emission limitations for a by-
product coke oven battery under Sec. 63.6(h)(9).
    (3) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90, except for 
alternative procedures in Sec. 63.7334(a)(7).
    (4) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.
    (6) Approval of the work practice plan for by-product coke oven 
batteries with horizontal flues submitted under Sec. 63.7292(a)(1).



Sec. 63.7352  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in Sec. 63.2, and in this section as follows:
    Acceptable makeup water means surface water from a river, lake, or 
stream; water meeting drinking water standards; storm water runoff and 
production area clean up water except for water from the by-product 
recovery plant area; process wastewater treated to meet effluent 
limitations guidelines in 40 CFR part 420; water from any of these 
sources that has been used only for non-contact cooling or in water 
seals; or water from scrubbers used to control pushing emissions.
    Backup quench station means a quenching device that is used for less 
than 5 percent of the quenches from any single coke oven battery in the 
12-month period from July 1 to June 30.
    Baffles means an apparatus comprised of obstructions for checking or 
deflecting the flow of gases. Baffles are installed in a quench tower to 
remove droplets of water and particles from the rising vapors by 
providing a point of impact. Baffles may be installed either inside or 
on top of quench towers and are typically constructed of treated wood, 
steel, or plastic.
    Battery stack means the stack that is the point of discharge to the 
atmosphere of the combustion gases from a battery's underfiring system.
    Batterywide extended coking means increasing the average coking time 
for all ovens in the coke oven battery by 25 percent or more over the 
manufacturer's specified design rate.
    By-product coke oven battery means a group of ovens connected by 
common walls, where coal undergoes destructive distillation under 
positive pressure to produce coke and coke oven gas from which by-
products are recovered.
    By-product recovery plant area means that area of the coke plant 
where process units subject to subpart L in part 61 are located.
    Coke oven battery means a group of ovens connected by common walls, 
where coal undergoes destructive distillation to produce coke. A coke 
oven battery includes by-product and non-recovery processes.
    Coke plant means a facility that produces coke from coal in either a 
by-product coke oven battery or a non-recovery coke oven battery.
    Cokeside shed means a structure used to capture pushing emissions 
that encloses the cokeside of the battery and ventilates the emissions 
to a control device.
    Coking time means the time interval that starts when an oven is 
charged

[[Page 114]]

with coal and ends when the oven is pushed.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including operating limits) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation or work practice standard 
in this subpart during startup, shutdown, or malfunction, regardless of 
whether or not such failure is permitted by this subpart.
    Emission limitation means any emission limit, opacity limit, or 
operating limit.
    Four consecutive pushes means four pushes observed successively.
    Fugitive pushing emissions means emissions from pushing that are not 
collected by a capture system.
    Horizontal flue means a type of coke oven heating system used on 
Semet-Solvay batteries where the heating flues run horizontally from one 
end of the oven to the other end, and the flues are not shared with 
adjacent ovens.
    Hot water scrubber means a mobile scrubber used to control pushing 
emissions through the creation of an induced draft formed by the 
expansion of pressurized hot water through a nozzle.
    Increased coking time means increasing the charge-to-push time for 
an individual oven.
    Non-recovery coke oven battery means a group of ovens connected by 
common walls and operated as a unit, where coal undergoes destructive 
distillation under negative pressure to produce coke, and which is 
designed for the combustion of the coke oven gas from which by-products 
are not recovered.
    Oven means a chamber in the coke oven battery in which coal 
undergoes destructive distillation to produce coke.
    Pushing means the process of removing the coke from the oven. 
Pushing begins with the first detectable movement of the coke mass and 
ends when the quench car enters the quench tower.
    Quenching means the wet process of cooling (wet quenching) the hot 
incandescent coke by direct contact with water that begins when the 
quench car enters the quench tower and ends when the quench car exits 
the quench tower.
    Quench tower means the structure in which hot incandescent coke in 
the quench car is deluged or quenched with water.
    Remove from service means that an oven is not charged with coal and 
is not used for coking. When removed from service, the oven may remain 
at the operating temperature or it may be cooled down for repairs.
    Responsible official means responsible official as defined in Sec. 
63.2.
    Short battery means a by-product coke oven battery with ovens less 
than five meters in height.
    Soaking means that period in the coking cycle that starts when an 
oven is dampered off the collecting main and vented to the atmosphere 
through an open standpipe prior to pushing and ends when the coke begins 
to be pushed from the oven.
    Soaking emissions means the discharge from an open standpipe during 
soaking of visible emissions due to either incomplete coking or leakage 
into the standpipe from the collecting main.
    Standpipe means an apparatus on the oven that provides a passage for 
gases from an oven to the atmosphere when the oven is dampered off the 
collecting main and the standpipe cap is opened. This includes mini-
standpipes that are not connected to the collecting main.
    Tall battery means a by-product coke oven battery with ovens five 
meters or more in height.
    Vertical flue means a type of coke oven heating system in which the 
heating flues run vertically from the bottom to the top of the oven, and 
flues are shared between adjacent ovens.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

[[Page 115]]



   Sec. Table 1 to Subpart CCCCC of Part 63--Applicability of General 

                       Provisions to Subpart CCCCC

    As required in Sec. 63.7350, you must comply with each applicable 
requirement of the NESHAP General Provisions (40 CFR part 63, subpart A) 
as shown in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                        Subject                   CCCCC?                Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1..........................  Applicability..........  Yes....................
Sec.  63.2..........................  Definitions............  Yes....................
Sec.  63.3..........................  Units and Abbreviations  Yes....................
Sec.  63.4..........................  Prohibited Activities..  Yes....................
Sec.  63.5..........................  Construction/            Yes....................
                                        Reconstruction.
Sec.  63.6(a), (b), (c), (d), (e),    Compliance with          Yes....................
 (f), (g), (h)(2)-(8).                  Standards and
                                        Maintenance
                                        Requirements.
Sec.  63.6(h)(9)....................  Adjustment to an         Yes....................
                                        Opacity Emission
                                        Standard.
Sec.  63.7(a)(3), (b), (c)-(h)......  Performance Testing      Yes....................
                                        Requirements.
Sec.  63.7(a)(1)-(2)................  Applicability and        No.....................  Subpart CCCCC specifies
                                        Performance Test Dates.                           applicability and
                                                                                          dates.
Sec.  63.8(a)(1)-(3), (b), (c)(1)-    Monitoring Requirements  Yes....................  CMS requirements in
 (3), (c)(4)(i)-(ii), (c)(5)-(8),                                                         Sec.  63.8(c)(4) (i)-
 (d), (e), (f)(1)-(5), (g)(1)-(4).                                                        (ii), (c)(5), and
                                                                                          (c)(6) apply only to
                                                                                          COMS for battery
                                                                                          stacks.
Sec.  63.8(a)(4)....................  Additional Monitoring    No.....................  Flares are not a
                                        Requirements for                                  control device for
                                        Control Devices in                                Subpart CCCCC affected
                                        Sec.  63.11.                                     sources.
Sec.  63.8(c)(4)....................  Continuous Monitoring    No.....................  Subpart CCCCC specifies
                                        System (CMS)                                      requirements for
                                        Requirements.                                     operation of CMS.
Sec.  63.8(e)(4)-(5)................  Performance Evaluations  Yes....................  Except COMS performance
                                                                                          evaluation must be
                                                                                          conducted before the
                                                                                          compliance date.
Sec.  63.8(f)(6)....................  RATA Alternative.......  No.....................  Subpart CCCCC does not
                                                                                          require CEMS.
Sec.  63.8(g)(5)....................  Data Reduction.........  No.....................  Subpart CCCCC specifies
                                                                                          data that can't be
                                                                                          used in computing
                                                                                          averages for COMS.
Sec.  63.9..........................  Notification             Yes....................  Additional
                                        Requirements.                                     notifications for CMS
                                                                                          in Sec.  63.9(g)
                                                                                          apply only to COMS for
                                                                                          battery stacks.
Sec.  63.10(a), (b)(1)-(b)(2)(xii),   Recordkeeping and        Yes....................  Additional records for
 (b)(2)(xiv), (b)(3), (c)(1)-(6),       Reporting Requirements.                           CMS in Sec.
 (c)(9)-(15), (d), (e)(1)-(2),                                                            63.10(c)(1)-(6), (9)-
 (e)(4), (f).                                                                             (15), and reports in
                                                                                          Sec.  63.10(d)(1)-(2)
                                                                                          apply only to COMS for
                                                                                          battery stacks.
Sec.  63.10(b)(2) (xi)-(xii)........  CMS Records for RATA     No.....................  Subpart CCCCC doesn't
                                        Alternative.                                      require CEMS.
Sec.  63.10(c)(7)-(8)...............  Records of Excess        No.....................  Subpart CCCCC specifies
                                        Emissions and                                     record requirements.
                                        Parameter Monitoring
                                        Exceedances for CMS.
Sec.  63.10(e)(3)...................  Excess Emission Reports  No.....................  Subpart CCCCC specifies
                                                                                          reporting
                                                                                          requirements.
Sec.  63.11.........................  Control Device           No.....................  Subpart CCCCC does not
                                        Requirements.                                     require flares.
Sec.  63.12.........................  State Authority and      Yes....................
                                        Delegations..
Sec. Sec.  63.13-63.15.............  Addresses,               Yes....................
                                        Incorporation by
                                        Reference,
                                        Availability of
                                        Information.
----------------------------------------------------------------------------------------------------------------



 Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants 

   for Industrial, Commercial, and Institutional Boilers and Process 

                                 Heaters

    Source: 69 FR 55253, Sept. 13, 2004, unless otherwise noted.

    Effective Date Note: At 76 FR 15664, Mar. 21, 2011, subpart DDDDD 
was revised, effective May 20, 2011. At 76 FR 28662, May 18, 2011, the 
effective date of the May 20 revision was delayed until further notice. 
The text of revised subpart DDDDD follows the text currently in effect.

                        What This Subpart Covers



Sec. 63.7480  What is the purpose of this subpart?

    This subpart establishes national emission limits and work practice

[[Page 116]]

standards for hazardous air pollutants (HAP) emitted from industrial, 
commercial, and institutional boilers and process heaters. This subpart 
also establishes requirements to demonstrate initial and continuous 
compliance with the emission limits and work practice standards.



Sec. 63.7485  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an industrial, 
commercial, or institutional boiler or process heater as defined in 
Sec. 63.7575 that is located at, or is part of, a major source of HAP 
as defined in Sec. 63.2 or Sec. 63.761 (40 CFR part 63, subpart HH, 
National Emission Standards for Hazardous Air Pollutants from Oil and 
Natural Gas Production Facilities), except as specified in Sec. 
63.7491.



Sec. 63.7490  What is the affected source of this subpart?

    (a) This subpart applies to new, reconstructed, or existing affected 
sources as described in paragraphs (a)(1) and (2) of this section.
    (1) The affected source of this subpart is the collection of all 
existing industrial, commercial, and institutional boilers and process 
heaters within a subcategory located at a major source as defined in 
Sec. 63.7575.
    (2) The affected source of this subpart is each new or reconstructed 
industrial, commercial, or institutional boiler or process heater 
located at a major source as defined in Sec. 63.7575.
    (b) A boiler or process heater is new if you commence construction 
of the boiler or process heater after January 13, 2003, and you meet the 
applicability criteria at the time you commence construction.
    (c) A boiler or process heater is reconstructed if you meet the 
reconstruction criteria as defined in Sec. 63.2, you commence 
reconstruction after January 13, 2003, and you meet the applicability 
criteria at the time you commence reconstruction.
    (d) A boiler or process heater is existing if it is not new or 
reconstructed.



Sec. 63.7491  Are any boilers or process heaters not subject to this subpart?

    The types of boilers and process heaters listed in paragraphs (a) 
through (o) of this section are not subject to this subpart.
    (a) A municipal waste combustor covered by 40 CFR part 60, subpart 
AAAA, subpart BBBB, subpart Cb or subpart Eb.
    (b) A hospital/medical/infectious waste incinerator covered by 40 
CFR part 60, subpart Ce or subpart Ec.
    (c) An electric utility steam generating unit (including a unit 
covered by 40 CFR part 60, subpart Da) or a Mercury (Hg) Budget unit 
covered by 40 CFR part 60, subpart HHHH.
    (d) A boiler or process heater required to have a permit under 
section 3005 of the Solid Waste Disposal Act or covered by 40 CFR part 
63, subpart EEE (e.g., hazardous waste boilers).
    (e) A commercial and industrial solid waste incineration unit 
covered by 40 CFR part 60, subpart CCCC or subpart DDDD.
    (f) A recovery boiler or furnace covered by 40 CFR part 63, subpart 
MM.
    (g) A boiler or process heater that is used specifically for 
research and development. This does not include units that only provide 
heat or steam to a process at a research and development facility.
    (h) A hot water heater as defined in this subpart.
    (i) A refining kettle covered by 40 CFR part 63, subpart X.
    (j) An ethylene cracking furnace covered by 40 CFR part 63, subpart 
YY.
    (k) Blast furnace stoves as described in the EPA document, entitled 
``National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
Integrated Iron and Steel Plants--Background Information for Proposed 
Standards,'' (EPA-453/R-01-005).
    (l) Any boiler and process heater specifically listed as an affected 
source in another standard(s) under 40 CFR part 63.
    (m) Any boiler and process heater specifically listed as an affected 
source in another standard(s) established under section 129 of the Clean 
Air Act (CAA).
    (n) Temporary boilers as defined in this subpart.

[[Page 117]]

    (o) Blast furnace gas fuel-fired boilers and process heaters as 
defined in this subpart.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70660, Dec. 6, 2006]



Sec. 63.7495  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed boiler or process heater, you 
must comply with this subpart by November 12, 2004 or upon startup of 
your boiler or process heater, whichever is later.
    (b) If you have an existing boiler or process heater, you must 
comply with this subpart no later than September 13, 2007.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, paragraphs 
(c)(1) and (2) of this section apply to you.
    (1) Any new or reconstructed boiler or process heater at the 
existing facility must be in compliance with this subpart upon startup.
    (2) Any existing boiler or process heater at the existing facility 
must be in compliance with this subpart within 3 years after the 
facility becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.7545 
according to the schedule in Sec. 63.7545 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limits and work practice standards 
in this subpart.

               Emission Limits and Work Practice Standards



Sec. 63.7499  What are the subcategories of boilers and process heaters?

    The subcategories of boilers and process heaters are large solid 
fuel, limited use solid fuel, small solid fuel, large liquid fuel, 
limited use liquid fuel, small liquid fuel, large gaseous fuel, limited 
use gaseous fuel, and small gaseous fuel. Each subcategory is defined in 
Sec. 63.7575.



Sec. 63.7500  What emission limits, work practice standards, and operating 

limits must I meet?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section.
    (1) You must meet each emission limit and work practice standard in 
Table 1 to this subpart that applies to your boiler or process heater, 
except as provided under Sec. 63.7507.
    (2) You must meet each operating limit in Tables 2 through 4 to this 
subpart that applies to your boiler or process heater. If you use a 
control device or combination of control devices not covered in Tables 2 
through 4 to this subpart, or you wish to establish and monitor an 
alternative operating limit and alternative monitoring parameters, you 
must apply to the United States Environmental Protection Agency (EPA) 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).
    (b) As provided in Sec. 63.6(g), EPA may approve use of an 
alternative to the work practice standards in this section.

                     General Compliance Requirements



Sec. 63.7505  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limits (including 
operating limits) and the work practice standards in this subpart at all 
times, except during periods of startup, shutdown, and malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (c) You can demonstrate compliance with any applicable emission 
limit using fuel analysis if the emission rate calculated according to 
Sec. 63.7530(d) is less than the applicable emission limit. Otherwise, 
you must demonstrate compliance using performance testing.
    (d) If you demonstrate compliance with any applicable emission limit 
through performance testing, you must develop a site-specific monitoring 
plan according to the requirements in paragraphs (d)(1) through (4) of 
this section.

[[Page 118]]

This requirement also applies to you if you petition the EPA 
Administrator for alternative monitoring parameters under Sec. 63.8(f).
    (1) For each continuous monitoring system (CMS) required in this 
section, you must develop and submit to the EPA Administrator for 
approval a site-specific monitoring plan that addresses paragraphs 
(d)(1)(i) through (iii) of this section. You must submit this site-
specific monitoring plan at least 60 days before your initial 
performance evaluation of your CMS.
    (i) Installation of the CMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems; and
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (2) In your site-specific monitoring plan, you must also address 
paragraphs (d)(2)(i) through (iii) of this section.
    (i) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1), (c)(3), and (c)(4)(ii);
    (ii) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec. 63.8(d); and
    (iii) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (3) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (4) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.
    (e) If you have an applicable emission limit or work practice 
standard, you must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 20467, Apr. 20, 2006]



Sec. 63.7506  Do any boilers or process heaters have limited requirements?

    (a) New or reconstructed boilers and process heaters in the large 
liquid fuel subcategory or the limited use liquid fuel subcategory that 
burn only fossil fuels and other gases and do not burn any residual oil 
are subject to the emission limits and applicable work practice 
standards in Table 1 to this subpart. You are not required to conduct a 
performance test to demonstrate compliance with the emission limits. You 
are not required to set and maintain operating limits to demonstrate 
continuous compliance with the emission limits. However, you must meet 
the requirements in paragraphs (a)(1) and (2) of this section and meet 
the CO work practice standard in Table 1 to this subpart.
    (1) To demonstrate initial compliance, you must include a signed 
statement in the Notification of Compliance Status report required in 
Sec. 63.7545(e) that indicates you burn only liquid fossil fuels other 
than residual oils, either alone or in combination with gaseous fuels.
    (2) To demonstrate continuous compliance with the applicable 
emission limits, you must also keep records that demonstrate that you 
burn only liquid fossil fuels other than residual oils, either alone or 
in combination with gaseous fuels. You must also include a signed 
statement in each semiannual compliance report required in Sec. 63.7550 
that indicates you burned only liquid fossil fuels other than residual 
oils, either alone or in combination with gaseous fuels, during the 
reporting period.
    (b) The affected boilers and process heaters listed in paragraphs 
(b)(1) through (3) of this section are subject to only the initial 
notification requirements in Sec. 63.9(b) (i.e., they are not subject 
to the emission limits, work practice standards, performance testing, 
monitoring, SSMP, site-specific monitoring plans, recordkeeping and 
reporting requirements of this subpart or any other requirements in 
subpart A of this part).
    (1) Existing large and limited use gaseous fuel units.
    (2) Existing large and limited use liquid fuel units.

[[Page 119]]

    (3) New or reconstructed small liquid fuel units that burn only 
gaseous fuels or distillate oil. New or reconstructed small liquid fuel 
boilers and process heaters that commence burning of any other type of 
liquid fuel must comply with all applicable requirements of this subpart 
and subpart A of this part upon startup of burning the other type of 
liquid fuel.
    (c) The affected boilers and process heaters listed in paragraphs 
(c)(1) through (4) of this section are not subject to the initial 
notification requirements in Sec. 63.9(b) and are not subject to any 
requirements in this subpart or in subpart A of this part (i.e., they 
are not subject to the emission limits, work practice standards, 
performance testing, monitoring, SSM plans, site-specific monitoring 
plans, recordkeeping and reporting requirements of this subpart, or any 
other requirements in subpart A of this part.
    (1) Existing small solid fuel boilers and process heaters.
    (2) Existing small liquid fuel boilers and process heaters.
    (3) Existing small gaseous fuel boilers and process heaters.
    (4) New or reconstructed small gaseous fuel units.



Sec. 63.7507  What are the health-based compliance alternatives for the 

hydrogen chloride (HCl) and total selected metals (TSM) standards?

    (a) As an alternative to the requirement to demonstrate compliance 
with the HCl emission limit in table 1 to this subpart, you may 
demonstrate eligibility for the health-based compliance alternative for 
HCl emissions under the procedures prescribed in appendix A to this 
subpart.
    (b) As an alternative to the requirement to demonstrate compliance 
with the TSM emission limit in table 1 to this subpart based on the sum 
of emissions for the eight selected metals, you may demonstrate 
eligibility for the health-based alternative for manganese emissions 
under the procedures prescribed in appendix A to this subpart and comply 
with the TSM emission standards in table 1 based on the sum of emissions 
for seven selected metals (by excluding manganese emissions from the 
summation of TSM emissions).

[70 FR 76933, Dec. 28, 2005]

       Testing, Fuel Analyses, and Initial Compliance Requirements



Sec. 63.7510  What are my initial compliance requirements and by what date 

must I conduct them?

    (a) For affected sources that elect to demonstrate compliance with 
any of the emission limits of this subpart through performance testing, 
your initial compliance requirements include conducting performance 
tests according to Sec. 63.7520 and Table 5 to this subpart, conducting 
a fuel analysis for each type of fuel burned in your boiler or process 
heater according to Sec. 63.7521 and Table 6 to this subpart, 
establishing operating limits according to Sec. 63.7530 and Table 7 to 
this subpart, and conducting CMS performance evaluations according to 
Sec. 63.7525. For affected sources that burn a single type of fuel, you 
are exempted from the initial compliance requirements of conducting a 
fuel analysis for each type of fuel burned in your boiler or process 
heater according to Sec. 63.7521 and Table 6 to this subpart.
    (b) For affected sources that elect to demonstrate compliance with 
the emission limits for HCl, mercury, or TSM through fuel analysis, your 
initial compliance requirement is to conduct a fuel analysis for each 
type of fuel burned in your boiler or process heater according to Sec. 
63.7521 and Table 6 to this subpart and establish operating limits 
according to Sec. 63.7530 and Table 8 to this subpart.
    (c) For affected sources that have an applicable work practice 
standard, your initial compliance requirements depend on the subcategory 
and rated capacity of your boiler or process heater. If your boiler or 
process heater is in any of the limited use subcategories or has a heat 
input capacity less than 100 MMBtu per hour, your initial compliance 
demonstration is conducting a performance test for carbon monoxide 
according to Table 5 to this subpart. If your boiler or process heater 
is in any of the large subcategories and has a heat input capacity of 
100 MMBtu per

[[Page 120]]

hour or greater, your initial compliance demonstration is conducting a 
performance evaluation of your continuous emission monitoring system for 
carbon monoxide according to Sec. 63.7525(a).
    (d) For existing affected sources, you must demonstrate initial 
compliance no later than 180 days after the compliance date that is 
specified for your source in Sec. 63.7495 and according to the 
applicable provisions in Sec. 63.7(a)(2) as cited in Table 10 to this 
subpart.
    (e) If your new or reconstructed affected source commenced 
construction or reconstruction between January 13, 2003 and November 12, 
2004, you must demonstrate initial compliance with either the proposed 
emission limits and work practice standards or the promulgated emission 
limits and work practice standards no later than 180 days after November 
12, 2004 or within 180 days after startup of the source, whichever is 
later, according to Sec. 63.7(a)(2)(ix).
    (f) If your new or reconstructed affected source commenced 
construction or reconstruction between January 13, 2003, and November 
12, 2004, and you chose to comply with the proposed emission limits and 
work practice standards when demonstrating initial compliance, you must 
conduct a second compliance demonstration for the promulgated emission 
limits and work practice standards within 3 years after November 12, 
2004 or within 3 years after startup of the affected source, whichever 
is later.
    (g) If your new or reconstructed affected source commences 
construction or reconstruction after November 12, 2004, you must 
demonstrate initial compliance with the promulgated emission limits and 
work practice standards no later than 180 days after startup of the 
source.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70660, Dec. 6, 2006]



Sec. 63.7515  When must I conduct subsequent performance tests or fuel 

analyses?

    (a) You must conduct all applicable performance tests according to 
Sec. 63.7520 on an annual basis, unless you follow the requirements 
listed in paragraphs (b) through (d) of this section. Annual performance 
tests must be completed between 10 and 12 months after the previous 
performance test, unless you follow the requirements listed in 
paragraphs (b) through (d) of this section.
    (b) You can conduct performance tests less often for a given 
pollutant if your performance tests for the pollutant (particulate 
matter, HCl, mercury, or TSM) for at least 3 consecutive years show that 
you comply with the emission limit. In this case, you do not have to 
conduct a performance test for that pollutant for the next 2 years. You 
must conduct a performance test during the third year and no more than 
36 months after the previous performance test.
    (c) If your boiler or process heater continues to meet the emission 
limit for particulate matter, HCl, mercury, or TSM, you may choose to 
conduct performance tests for these pollutants every third year, but 
each such performance test must be conducted no more than 36 months 
after the previous performance test.
    (d) If a performance test shows noncompliance with an emission limit 
for particulate matter, HCl, mercury, or TSM, you must conduct annual 
performance tests for that pollutant until all performance tests over a 
consecutive 3-year period show compliance.
    (e) If you have an applicable work practice standard for carbon 
monoxide and your boiler or process heater is in any of the limited use 
subcategories or has a heat input capacity less than 100 MMBtu per hour, 
you must conduct annual performance tests for carbon monoxide according 
to Sec. 63.7520. Each annual performance test must be conducted between 
10 and 12 months after the previous performance test.
    (f) You must conduct a fuel analysis according to Sec. 63.7521 for 
each type of fuel burned no later than 5 years after the previous fuel 
analysis for each fuel type. If you burn a new type of fuel, you must 
conduct a fuel analysis before burning the new type of fuel in your 
boiler or process heater. You must still meet all applicable continuous 
compliance requirements in Sec. 63.7540.
    (g) You must report the results of performance tests and fuel 
analyses within 60 days after the completion of

[[Page 121]]

the performance tests or fuel analyses. This report should also verify 
that the operating limits for your affected source have not changed or 
provide documentation of revised operating parameters established 
according to Sec. 63.7530 and Table 7 to this subpart, as applicable. 
The reports for all subsequent performance tests and fuel analyses 
should include all applicable information required in Sec. 63.7550.



Sec. 63.7520  What performance tests and procedures must I use?

    (a) You must conduct all performance tests according to Sec. 
63.7(c), (d), (f), and (h). You must also develop a site-specific test 
plan according to the requirements in Sec. 63.7(c) if you elect to 
demonstrate compliance through performance testing.
    (b) You must conduct each performance test according to the 
requirements in Table 5 to this subpart.
    (c) New or reconstructed boilers or process heaters in one of the 
liquid fuel subcategories that burn only fossil fuels and other gases 
and do not burn any residual oil must demonstrate compliance according 
to Sec. 63.7506(a).
    (d) You must conduct each performance test under the specific 
conditions listed in Tables 5 and 7 to this subpart. You must conduct 
performance tests at the maximum normal operating load while burning the 
type of fuel or mixture of fuels that have the highest content of 
chlorine, mercury, and total selected metals, and you must demonstrate 
initial compliance and establish your operating limits based on these 
tests. These requirements could result in the need to conduct more than 
one performance test.
    (e) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction.
    (f) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 63.7(e)(3). Each 
test run must last at least 1 hour.
    (g) To determine compliance with the emission limits, you must use 
the F-Factor methodology and equations in sections 12.2 and 12.3 of EPA 
Method 19 of appendix A to part 60 of this chapter to convert the 
measured particulate matter concentrations, the measured HCl 
concentrations, the measured TSM concentrations, and the measured 
mercury concentrations that result from the initial performance test to 
pounds per million Btu heat input emission rates using F-factors.



Sec. 63.7521  What fuel analyses and procedures must I use?

    (a) You must conduct fuel analyses according to the procedures in 
paragraphs (b) through (e) of this section and Table 6 to this subpart, 
as applicable.
    (b) You must develop and submit a site-specific fuel analysis plan 
to the EPA Administrator for review and approval according to the 
following procedures and requirements in paragraphs (b)(1) and (2) of 
this section.
    (1) You must submit the fuel analysis plan no later than 60 days 
before the date that you intend to demonstrate compliance.
    (2) You must include the information contained in paragraphs 
(b)(2)(i) through (vi) of this section in your fuel analysis plan.
    (i) The identification of all fuel types anticipated to be burned in 
each boiler or process heater.
    (ii) For each fuel type, the notification of whether you or a fuel 
supplier will be conducting the fuel analysis.
    (iii) For each fuel type, a detailed description of the sample 
location and specific procedures to be used for collecting and preparing 
the composite samples if your procedures are different from paragraph 
(c) or (d) of this section. Samples should be collected at a location 
that most accurately represents the fuel type, where possible, at a 
point prior to mixing with other dissimilar fuel types.
    (iv) For each fuel type, the analytical methods, with the expected 
minimum detection levels, to be used for the measurement of selected 
total metals, chlorine, or mercury.
    (v) If you request to use an alternative analytical method other 
than those required by Table 6 to this subpart, you must also include a 
detailed description of the methods and procedures that will be used.
    (vi) If you will be using fuel analysis from a fuel supplier in lieu 
of site-specific sampling and analysis, the fuel

[[Page 122]]

supplier must use the analytical methods required by Table 6 to this 
subpart.
    (c) At a minimum, you must obtain three composite fuel samples for 
each fuel type according to the procedures in paragraph (c)(1) or (2) of 
this section.
    (1) If sampling from a belt (or screw) feeder, collect fuel samples 
according to paragraphs (c)(1)(i) and (ii) of this section.
    (i) Stop the belt and withdraw a 6-inch wide sample from the full 
cross-section of the stopped belt to obtain a minimum two pounds of 
sample. Collect all the material (fines and coarse) in the full cross-
section. Transfer the sample to a clean plastic bag.
    (ii) Each composite sample will consist of a minimum of three 
samples collected at approximately equal intervals during the testing 
period.
    (2) If sampling from a fuel pile or truck, collect fuel samples 
according to paragraphs (c)(2)(i) through (iii) of this section.
    (i) For each composite sample, select a minimum of five sampling 
locations uniformly spaced over the surface of the pile.
    (ii) At each sampling site, dig into the pile to a depth of 18 
inches. Insert a clean flat square shovel into the hole and withdraw a 
sample, making sure that large pieces do not fall off during sampling.
    (iii) Transfer all samples to a clean plastic bag for further 
processing.
    (d) Prepare each composite sample according to the procedures in 
paragraphs (d)(1) through (7) of this section.
    (1) Throughly mix and pour the entire composite sample over a clean 
plastic sheet.
    (2) Break sample pieces larger than 3 inches into smaller sizes.
    (3) Make a pie shape with the entire composite sample and subdivide 
it into four equal parts.
    (4) Separate one of the quarter samples as the first subset.
    (5) If this subset is too large for grinding, repeat the procedure 
in paragraph (d)(3) of this section with the quarter sample and obtain a 
one-quarter subset from this sample.
    (6) Grind the sample in a mill.
    (7) Use the procedure in paragraph (d)(3) of this section to obtain 
a one-quarter subsample for analysis. If the quarter sample is too 
large, subdivide it further using the same procedure.
    (e) Determine the concentration of pollutants in the fuel (mercury, 
chlorine, and/or total selected metals) in units of pounds per million 
Btu of each composite sample for each fuel type according to the 
procedures in Table 6 to this subpart.



Sec. 63.7522  Can I use emission averaging to comply with this subpart?

    (a) As an alternative to meeting the requirements of Sec. 63.7500, 
if you have more than one existing large solid fuel boiler located at 
your facility, you may demonstrate compliance by emission averaging 
according to the procedures in this section in a State that does not 
choose to exclude emission averaging.
    (b) Separate stack requirements. For a group of two or more existing 
large solid fuel boilers that each vent to a separate stack, you may 
average particulate matter or TSM, HCl and mercury emissions to 
demonstrate compliance with the limits in Table 1 to this subpart if you 
satisfy the requirements in paragraphs (c), (d), (e), (f), and (g) of 
this section.
    (c) For each existing large solid fuel boiler in the averaging 
group, the emission rate achieved during the initial compliance test for 
the HAP being averaged must not exceed the emission level that was being 
achieved on November 12, 2004 or the control technology employed during 
the initial compliance test must not be less effective for the HAP being 
averaged than the control technology employed on November 12, 2004.
    (d) The emissions rate from the existing large solid fuel boilers 
participating in the emissions averaging option must be in compliance 
with the limits in Table 1 to this subpart at all times following the 
compliance date specified in Sec. 63.7495.
    (e) You must demonstrate initial compliance according to paragraph 
(e)(1) or (2) of this section.
    (1) You must use Equation 1 of this section to demonstrate that the 
particulate matter or TSM, HCl, and mercury emissions from all existing 
large solid fuel boilers participating in the

[[Page 123]]

emissions averaging option do not exceed the emission limits in Table 1 
to this subpart.
[GRAPHIC] [TIFF OMITTED] TR06DE06.001

Where:

Ave Weighted Emissions = Average weighted emissions for particulate 
matter or TSM, HCl, or mercury, in units of pounds per million Btu of 
heat input.
Er = Emission rate (as calculated according to Table 5 to this subpart 
or by fuel analysis (as calculated by the applicable equation in Sec. 
63.7530(d))) for boiler, i, for particulate matter or TSM, HCl, or 
mercury, in units of pounds per million Btu of heat input.
Hm = Maximum rated heat input capacity of boiler, i, in units of million 
Btu per hour.
n = Number of large solid fuel boilers participating in the emissions 
averaging option.

    (2) If you are not capable of monitoring heat input, you may use 
Equation 2 of this section as an alternative to using Equation 1 of this 
section to demonstrate that the particulate matter or TSM, HCl, and 
mercury emissions from all existing large solid fuel boilers 
participating in the emissions averaging option do not exceed the 
emission limits in Table 1 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR06DE06.002

Where:

Ave Weighted Emissions = Average weighted emission level for PM or TSM, 
HCl, or mercury, in units of pounds per million Btu of heat input.
Er = Emission rate (as calculated according to Table 5 to this subpart 
or by fuel analysis (as calculated by the applicable equation in Sec. 
63.7530(d))) for boiler, i, for particulate matter or TSM, HCl, or 
mercury, in units of pounds per million Btu of heat input.
Sm = Maximum steam generation by boiler, i, in units of pounds.
Cf = Conversion factor, calculated from the most recent compliance test, 
in units of million Btu of heat input per pounds of steam generated.

    (f) You must demonstrate continuous compliance on a monthly basis 
determined at the end of every month (12 times per year) according to 
paragraphs (f)(1) through (3) of this section. The first monthly period 
begins on the compliance date specified in Sec. 63.7495.
    (1) For each calendar month, you must use Equation 3 of this section 
to calculate the monthly average weighted emission rate using the actual 
heat capacity for each existing large solid fuel boiler participating in 
the emissions averaging option.
[GRAPHIC] [TIFF OMITTED] TR06DE06.003

Where:

Ave Weighted Emissions = monthly average weighted emission level for 
particulate matter or TSM, HCl, or mercury, in units of pounds per 
million Btu of heat input.

[[Page 124]]

Er = Emission rate, (as calculated during the most recent compliance 
test, (as calculated according to Table 5 to this subpart) or fuel 
analysis (as calculated by the applicable equation in Sec. 63.7530(d)) 
for boiler, i, for particulate matter or TSM, HCl, or mercury, in units 
of pounds per million Btu of heat input.
Hb = The average heat input for each calendar month of boiler, i, in 
units of million Btu.
n = Number of large solid fuel boilers participating in the emissions 
averaging option.

    (2) If you are not capable of monitoring heat input, you may use 
Equation 4 of this section as an alternative to using Equation 3 of this 
section to calculate the monthly weighted emission rate using the actual 
steam generation from the large solid fuel boilers participating in the 
emissions averaging option.
[GRAPHIC] [TIFF OMITTED] TR06DE06.004

Where:

Ave Weighted Emissions = monthly average weighted emission level for PM 
or TSM, HCl, or mercury, in units of pounds per million Btu of heat 
input.
Er = Emission rate, (as calculated during the most recent compliance 
test (as calculated according to Table 5 to this subpart) or by fuel 
analysis (as calculated by the applicable equation in Sec. 63.7530(d))) 
for boiler, i, for particulate matter or TSM, HCl, or mercury, in units 
of pounds per million Btu of heat input.
Sa = Actual steam generation for each calendar month by boiler, i, in 
units of pounds.
Cf = Conversion factor, as calculated during the most recent compliance 
test, in units of million Btu of heat input per pounds of steam 
generated.

    (3) Until 12 monthly weighted average emission rates have been 
accumulated, calculate and report only the monthly average weighted 
emission rate determined under paragraph (f)(1) or (2) of this section. 
After 12 monthly weighted average emission rates have been accumulated, 
for each subsequent calendar month, use Equation 4A of this section to 
calculate the 12-month rolling average of the monthly weighted average 
emission rates for the current month and the previous 11 months.
[GRAPHIC] [TIFF OMITTED] TR06DE06.005

Where:

Eavg = 12-month rolling average emission rate, (pounds per million Btu 
heat input)
ERi = Monthly weighted average, for month ``i'', (pounds per million Btu 
heat input)(as calculated by (f)(1) or (2))

    (g) You must develop and submit an implementation plan for emission 
averaging to the applicable regulatory authority for review and approval 
according to the following procedures and requirements in paragraphs 
(g)(1) through (4).
    (1) You must submit the implementation plan no later than 180 days 
before the date that the facility intends to demonstrate compliance 
using the emission averaging option.
    (2) You must include the information contained in paragraphs 
(g)(2)(i) through (vii) of this section in your implementation plan for 
all emission sources included in an emissions average:
    (i) The identification of all existing large solid fuel boilers in 
the averaging group, including for each either the applicable HAP 
emission level or the control technology installed on;
    (ii) The process parameter (heat input or steam generated) that will 
be monitored for each averaging group of large solid fuel boilers;
    (iii) The specific control technology or pollution prevention 
measure to be used for each emission source in the averaging group and 
the date of its installation or application. If the pollution prevention 
measure reduces or eliminates emissions from multiple

[[Page 125]]

sources, the owner or operator must identify each source;
    (iv) The test plan for the measurement of particulate matter (or 
TSM), HCl, or mercury emissions in accordance with the requirements in 
Sec. 63.7520;
    (v) The operating parameters to be monitored for each control system 
or device and a description of how the operating limits will be 
determined;
    (vi) If you request to monitor an alternative operating parameter 
pursuant to Sec. 63.7525, you must also include:
    (A) A description of the parameter(s) to be monitored and an 
explanation of the criteria used to select the parameter(s); and
    (B) A description of the methods and procedures that will be used to 
demonstrate that the parameter indicates proper operation of the control 
device; the frequency and content of monitoring, reporting, and 
recordkeeping requirements; and a demonstration, to the satisfaction of 
the applicable regulatory authority, that the proposed monitoring 
frequency is sufficient to represent control device operating 
conditions; and
    (vii) A demonstration that compliance with each of the applicable 
emission limit(s) will be achieved under representative operating 
conditions.
    (3) Upon receipt, the regulatory authority shall review and approve 
or disapprove the plan according to the following criteria:
    (i) Whether the content of the plan includes all of the information 
specified in paragraph (g)(2) of this section; and
    (ii) Whether the plan presents sufficient information to determine 
that compliance will be achieved and maintained.
    (4) The applicable regulatory authority shall not approve an 
emission averaging implementation plan containing any of the following 
provisions:
    (i) Any averaging between emissions of differing pollutants or 
between differing sources; or
    (ii) The inclusion of any emission source other than an existing 
large solid fuel boiler.
    (h) Common stack requirements. For a group of two or more existing 
large solid fuel boilers, each of which vents through a single common 
stack, you may average particulate matter or TSM, HCl and mercury to 
demonstrate compliance with the limits in Table 1 to this subpart if you 
satisfy the requirements in paragraph (i) or (j) of this section.
    (i) For a group of two or more existing large solid fuel boilers, 
each of which vents through a common emissions control system to a 
common stack, that does not receive emissions from units in other 
subcategories or categories, you may treat such averaging group as a 
single existing solid fuel boiler for purposes of this subpart and 
comply with the requirements of this subpart as if the group were a 
single boiler.
    (j) For all other groups of boilers subject to paragraph (h) of this 
section, the owner or operator may elect to:
    (1) Conduct performance tests according to procedures specified in 
Sec. 63.7520 in the common stack (if affected units from other 
subcategories (e.g., gas-fired units) or nonaffected units vent to the 
common stack, the units from other subcategories and nonaffected units 
must be shut down or vented to a different stack during the performance 
test); and
    (2) Meet the applicable operating limit specified in Sec. 63.7540 
and Table 8 to this subpart for each emissions control system (except 
that, if each boiler venting to the common stack has an applicable 
opacity operating limit, then a single continuous opacity monitoring 
system may be located in the common stack instead of in each duct to the 
common stack).
    (k) Combination requirements. The common stack of a group of two or 
more boilers subject to paragraph (h) of this section may be treated as 
a separate stack for purposes of paragraph (b) of this section and 
included in an emissions averaging group subject to paragraph (b) of 
this section.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70660, Dec. 6, 2006]



Sec. 63.7525  What are my monitoring, installation, operation, and maintenance 

requirements?

    (a) If you have an applicable work practice standard for carbon 
monoxide, and your boiler or process heater is in any of the large 
subcategories and has

[[Page 126]]

a heat input capacity of 100 MMBtu per hour or greater, you must 
install, operate, and maintain a continuous emission monitoring system 
(CEMS) for carbon monoxide and oxygen according to the procedures in 
paragraphs (a)(1) through (6) of this section by the compliance date 
specified in Sec. 63.7495. The carbon monoxide and oxygen shall be 
monitored at the same location at the outlet of the boiler or process 
heater.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable procedures under Performance Specification (PS) 3 or 
4A of 40 CFR part 60, appendix B, and according to the site-specific 
monitoring plan developed according to Sec. 63.7505(d).
    (2) You must conduct a performance evaluation of each CEMS according 
to the requirements in Sec. 63.8 and according to PS 4A of 40 CFR part 
60, appendix B.
    (3) Each CEMS must complete a minimum of one cycle of operation 
(sampling, analyzing, and data recording) for each successive 15-minute 
period.
    (4) The CEMS data must be reduced as specified in Sec. 63.8(g)(2).
    (5) You must calculate and record a 30-day rolling average emission 
rate on a daily basis. A new 30-day rolling average emission rate is 
calculated as the average of all of the hourly CO emission data for the 
preceding 30 operating days.
    (6) For purposes of calculating data averages, you must not use data 
recorded during periods of monitoring malfunctions, associated repairs, 
out-of-control periods, required quality assurance or control 
activities, or when your boiler or process heater is operating at less 
than 50 percent of its rated capacity. You must use all the data 
collected during all other periods in assessing compliance. Any period 
for which the monitoring system is out of control and data are not 
available for required calculations constitutes a deviation from the 
monitoring requirements.
    (b) If you have an applicable opacity operating limit, you must 
install, operate, certify and maintain each continuous opacity 
monitoring system (COMS) according to the procedures in paragraphs 
(b)(1) through (7) of this section by the compliance date specified in 
Sec. 63.7495.
    (1) Each COMS must be installed, operated, and maintained according 
to PS 1 of 40 CFR part 60, appendix B.
    (2) You must conduct a performance evaluation of each COMS according 
to the requirements in Sec. 63.8 and according to PS 1 of 40 CFR part 
60, appendix B.
    (3) As specified in Sec. 63.8(c)(4)(i), each COMS must complete a 
minimum of one cycle of sampling and analyzing for each successive 10-
second period and one cycle of data recording for each successive 6-
minute period.
    (4) The COMS data must be reduced as specified in Sec. 63.8(g)(2).
    (5) You must include in your site-specific monitoring plan 
procedures and acceptance criteria for operating and maintaining each 
COMS according to the requirements in Sec. 63.8(d). At a minimum, the 
monitoring plan must include a daily calibration drift assessment, a 
quarterly performance audit, and an annual zero alignment audit of each 
COMS.
    (6) You must operate and maintain each COMS according to the 
requirements in the monitoring plan and the requirements of Sec. 
63.8(e). Identify periods the COMS is out of control including any 
periods that the COMS fails to pass a daily calibration drift 
assessment, a quarterly performance audit, or an annual zero alignment 
audit.
    (7) You must determine and record all the 6-minute averages (and 1-
hour block averages as applicable) collected for periods during which 
the COMS is not out of control.
    (c) If you have an operating limit that requires the use of a CMS, 
you must install, operate, and maintain each continuous parameter 
monitoring system (CPMS) according to the procedures in paragraphs 
(c)(1) through (5) of this section by the compliance date specified in 
Sec. 63.7495.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
successive cycles of operation to have a valid hour of data.
    (2) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration

[[Page 127]]

checks and required zero and span adjustments), you must conduct all 
monitoring in continuous operation at all times that the unit is 
operating. A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions.
    (3) For purposes of calculating data averages, you must not use data 
recorded during monitoring malfunctions, associated repairs, out of 
control periods, or required quality assurance or control activities. 
You must use all the data collected during all other periods in 
assessing compliance. Any period for which the monitoring system is out-
of-control and data are not available for required calculations 
constitutes a deviation from the monitoring requirements.
    (4) Determine the 3-hour block average of all recorded readings, 
except as provided in paragraph (c)(3) of this section.
    (5) Record the results of each inspection, calibration, and 
validation check.
    (d) If you have an operating limit that requires the use of a flow 
measurement device, you must meet the requirements in paragraphs (c) and 
(d)(1) through (4) of this section.
    (1) Locate the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of 2 percent of 
the flow rate.
    (3) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (4) Conduct a flow sensor calibration check at least semiannually.
    (e) If you have an operating limit that requires the use of a 
pressure measurement device, you must meet the requirements in 
paragraphs (c) and (e)(1) through (6) of this section.
    (1) Locate the pressure sensor(s) in a position that provides a 
representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 1.27 centimeters of 
water or a transducer with a minimum tolerance of 1 percent of the 
pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (f) If you have an operating limit that requires the use of a pH 
measurement device, you must meet the requirements in paragraphs (c) and 
(f)(1) through (3) of this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.
    (g) If you have an operating limit that requires the use of 
equipment to monitor voltage and secondary current (or total power 
input) of an electrostatic precipitator (ESP), you must use voltage and 
secondary current monitoring equipment to measure voltage and secondary 
current to the ESP.
    (h) If you have an operating limit that requires the use of 
equipment to monitor sorbent injection rate (e.g., weigh belt, weigh 
hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (c) and (h)(1) through (3) of this section.
    (1) Locate the device in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Install and calibrate the device in accordance with 
manufacturer's procedures and specifications.
    (3) At least annually, calibrate the device in accordance with the 
manufacturer's procedures and specifications.
    (i) If you elect to use a fabric filter bag leak detection system to 
comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (i)(1) through (8) of this section.

[[Page 128]]

    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations and in 
accordance with the guidance provided in EPA-454/R-98-015, September 
1997.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems that do not duct all 
compartments of cells to a common stack, a bag leak detection system 
must be installed in each baghouse compartment or cell.
    (8) Where multiple bag leak detectors are required, the system's 
instrumentation and alarm may be shared among detectors.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70662, Dec. 6, 2006]



Sec. 63.7530  How do I demonstrate initial compliance with the emission limits 

and work practice standards?

    (a) You must demonstrate initial compliance with each emission limit 
and work practice standard that applies to you by either conducting 
initial performance tests and establishing operating limits, as 
applicable, according to Sec. 63.7520, paragraph (c) of this section, 
and Tables 5 and 7 to this subpart OR conducting initial fuel analyses 
to determine emission rates and establishing operating limits, as 
applicable, according to Sec. 63.7521, paragraph (d) of this section, 
and Tables 6 and 8 to this subpart.
    (b) New or reconstructed boilers or process heaters in one of the 
liquid fuel subcategories that burn only fossil fuels and other gases 
and do not burn any residual oil must demonstrate compliance according 
to Sec. 63.7506(a).
    (c) If you demonstrate compliance through performance testing, you 
must establish each site-specific operating limit in Tables 2 through 4 
to this subpart that applies to you according to the requirements in 
Sec. 63.7520, Table 7 to this subpart, and paragraph (c)(4) of this 
section, as applicable. You must also conduct fuel analyses according to 
Sec. 63.7521 and establish maximum fuel pollutant input levels 
according to paragraphs (c)(1) through (3) of this section, as 
applicable.
    (1) You must establish the maximum chlorine fuel input 
(Cinput) during the initial performance testing according to 
the procedures in paragraphs (c)(1)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
chlorine.
    (ii) During the performance testing for HCl, you must determine the 
fraction of the total heat input for each fuel type burned 
(Qi) based on the fuel mixture that has the highest content 
of chlorine, and the average chlorine concentration of each fuel type 
burned (Ci).
    (iii) You must establish a maximum chlorine input level using 
Equation 5 of this section.
[GRAPHIC] [TIFF OMITTED] TR13SE04.004

Where:

Clinput = Maximum amount of chlorine entering the boiler or 
process heater through fuels burned in units of pounds per million Btu.
Ci = Arithmetic average concentration of chlorine in fuel 
type, i, analyzed according to Sec. 63.7521, in units of pounds per 
million Btu.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest content of chlorine. If you do not 
burn multiple fuel types during the performance testing, it is not 
necessary to

[[Page 129]]

determine the value of this term. Insert a value of ``1'' for 
Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of chlorine.

    (2) If you choose to comply with the alternative TSM emission limit 
instead of the particulate matter emission limit, you must establish the 
maximum TSM fuel input level (TSMinput) during the initial 
performance testing according to the procedures in paragraphs (c)(2)(i) 
through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
TSM.
    (ii) During the performance testing for TSM, you must determine the 
fraction of total heat input from each fuel burned (Qi) based 
on the fuel mixture that has the highest content of total selected 
metals, and the average TSM concentration of each fuel type burned 
(Mi).
    (iii) You must establish a baseline TSM input level using Equation 6 
of this section.
[GRAPHIC] [TIFF OMITTED] TR13SE04.005

Where:

TSMinput = Maximum amount of TSM entering the boiler or 
process heater through fuels burned in units of pounds per million Btu.
Mi = Arithmetic average concentration of TSM in fuel type, i, 
analyzed according to Sec. 63.7521, in units of pounds per million Btu.
Qi = Fraction of total heat input from based fuel type, i, 
based on the fuel mixture that has the highest content of TSM. If you do 
not burn multiple fuel types during the performance test, it is not 
necessary to determine the value of this term. Insert a value of ``1'' 
for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of TSM.

    (3) You must establish the maximum mercury fuel input level 
(Mercuryinput) during the initial performance testing using 
the procedures in paragraphs (c)(3)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
mercury.
    (ii) During the compliance demonstration for mercury, you must 
determine the fraction of total heat input for each fuel burned 
(Qi) based on the fuel mixture that has the highest content 
of mercury, and the average mercury concentration of each fuel type 
burned (HGi).
    (iii) You must establish a maximum mercury input level using 
Equation 7 of this section.
[GRAPHIC] [TIFF OMITTED] TR13SE04.006

Where:

Mercuryinput = Maximum amount of mercury entering the boiler 
or process heater through fuels burned in units of pounds per million 
Btu.
HGi = Arithmetic average concentration of mercury in fuel 
type, i, analyzed according to Sec. 63.7521, in units of pounds per 
million Btu.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest mercury content. If you do not 
burn multiple fuel types during the performance test, it is not 
necessary to determine the value of this term. Insert a value of ``1'' 
for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of mercury.

    (4) You must establish parameter operating limits according to 
paragraphs (c)(4)(i) through (iv) of this section.
    (i) For a wet scrubber, you must establish the minimum scrubber 
effluent pH, liquid flowrate, and pressure drop as defined in Sec. 
63.7575, as your operating limits during the three-run performance test. 
If you use a wet scrubber and you conduct separate performance tests for 
particulate matter, HCl, and mercury emissions, you must establish one 
set of minimum scrubber effluent pH, liquid flowrate, and pressure drop 
operating limits. The minimum scrubber effluent pH operating limit must 
be established during the HCl performance test. If you conduct multiple 
performance tests, you must set the minimum liquid flowrate and pressure 
drop operating limits at the highest minimum values established during 
the performance tests.
    (ii) For an electrostatic precipitator, you must establish the 
minimum voltage and secondary current (or total

[[Page 130]]

power input), as defined in Sec. 63.7575, as your operating limits 
during the three-run performance test.
    (iii) For a dry scrubber, you must establish the minimum sorbent 
injection rate, as defined in Sec. 63.7575, as your operating limit 
during the three-run performance test.
    (iv) The operating limit for boilers or process heaters with fabric 
filters that choose to demonstrate continuous compliance through bag 
leak detection systems is that a bag leak detection system be installed 
according to the requirements in Sec. 63.7525, and that each fabric 
filter must be operated such that the bag leak detection system alarm 
does not sound more than 5 percent of the operating time during a 6-
month period.
    (d) If you elect to demonstrate compliance with an applicable 
emission limit through fuel analysis, you must conduct fuel analyses 
according to Sec. 63.7521 and follow the procedures in paragraphs 
(d)(1) through (5) of this section.
    (1) If you burn more than one fuel type, you must determine the fuel 
mixture you could burn in your boiler or process heater that would 
result in the maximum emission rates of the pollutants that you elect to 
demonstrate compliance through fuel analysis.
    (2) You must determine the 90th percentile confidence level fuel 
pollutant concentration of the composite samples analyzed for each fuel 
type using the one-sided z-statistic test described in Equation 8 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR13SE04.012

Where:

P90 = 90th percentile confidence level pollutant 
concentration, in pounds per million Btu.
mean = Arithmetic average of the fuel pollutant concentration in the 
fuel samples analyzed according to Sec. 63.7521, in units of pounds per 
million Btu.
SD = Standard deviation of the pollutant concentration in the fuel 
samples analyzed according to Sec. 63.7521, in units of pounds per 
million Btu.
t = t distribution critical value for 90th percentile (0.1) probability 
for the appropriate degrees of freedom (number of samples minus one) as 
obtained from a Distribution Critical Value Table.

    (3) To demonstrate compliance with the applicable emission limit for 
HCl, the HCl emission rate that you calculate for your boiler or process 
heater using Equation 9 of this section must be less than the applicable 
emission limit for HCl.
[GRAPHIC] [TIFF OMITTED] TR13SE04.007

Where:

HCl = HCl emission rate from the boiler or process heater in units of 
pounds per million Btu.
Ci90 = 90th percentile confidence level concentration of 
chlorine in fuel type, i, in units of pounds per million Btu as 
calculated according to Equation 8 of this section.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest content of chlorine. If you do not 
burn multiple fuel types, it is not necessary to determine the value of 
this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of chlorine.
1.028 = Molecular weight ratio of HCl to chlorine.

    (4) To demonstrate compliance with the applicable emission limit for 
TSM, the TSM emission rate that you calculate for your boiler or process 
heater using Equation 10 of this section must be less than the 
applicable emission limit for TSM.
[GRAPHIC] [TIFF OMITTED] TR13SE04.008

Where:

TSM = TSM emission rate from the boiler or process heater in units of 
pounds per million Btu.
Mi90 = 90th percentile confidence level concentration of TSM 
in fuel, i, in units of pounds per million Btu as calculated according 
to Equation 8 of this section.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest content of total selected metals. 
If you do not burn multiple fuel types, it is not necessary to determine 
the value of this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of TSM.


[[Page 131]]


    (5) To demonstrate compliance with the applicable emission limit for 
mercury, the mercury emission rate that you calculate for your boiler or 
process heater using Equation 11 of this section must be less than the 
applicable emission limit for mercury.
[GRAPHIC] [TIFF OMITTED] TR13SE04.009

Where:

Mercury = Mercury emission rate from the boiler or process heater in 
units of pounds per million Btu.
HGi90 = 90th percentile confidence level concentration of 
mercury in fuel, i, in units of pounds per million Btu as calculated 
according to Equation 8 of this section.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest mercury content. If you do not 
burn multiple fuel types, it is not necessary to determine the value of 
this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest mercury content.

    (e) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.7545(e).

                   Continuous Compliance Requirements



Sec. 63.7535  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) You must monitor and collect data according to this section and 
the site-specific monitoring plan required by Sec. 63.7505(d).
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, or required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels. You must use all the data collected during all other periods in 
assessing the operation of the control device and associated control 
system. Boilers and process heaters that have an applicable carbon 
monoxide work practice standard and are required to install and operate 
a CEMS, may not use data recorded during periods when the boiler or 
process heater is operating at less than 50 percent of its rated 
capacity.



Sec. 63.7540  How do I demonstrate continuous compliance with the emission 

limits and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit, operating limit, and work practice standard in Tables 1 through 4 
to this subpart that applies to you according to the methods specified 
in Table 8 to this subpart and paragraphs (a)(1) through (10) of this 
section.
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. Sec. 63.7 and 
63.7510, whichever date comes first, you must not operate above any of 
the applicable maximum operating limits or below any of the applicable 
minimum operating limits listed in Tables 2 through 4 to this subpart at 
all times except during periods of startup, shutdown and malfunction. 
Operating limits do not apply during performance tests. Operation above 
the established maximum or below the established minimum operating 
limits shall constitute a deviation of established operating limits.
    (2) You must keep records of the type and amount of all fuels burned 
in each boiler or process heater during the reporting period to 
demonstrate that all fuel types and mixtures of fuels burned would 
either result in lower emissions of TSM, HCl, and mercury, than the 
applicable emission limit for each pollutant (if you demonstrate 
compliance through fuel analysis), or result in lower fuel input of TSM, 
chlorine, and mercury than the maximum values calculated during the last 
performance tests (if you demonstrate compliance through performance 
testing).
    (3) If you demonstrate compliance with an applicable HCl emission 
limit through fuel analysis and you plan to burn a new type of fuel, you 
must recalculate the HCl emission rate using Equation 9 of Sec. 63.7530 
according to

[[Page 132]]

paragraphs (a)(3)(i) through (iii) of this section.
    (i) You must determine the chlorine concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec. 63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of chlorine.
    (iii) Recalculate the HCl emission rate from your boiler or process 
heater under these new conditions using Equation 9 of Sec. 63.7530. The 
recalculated HCl emission rate must be less than the applicable emission 
limit.
    (4) If you demonstrate compliance with an applicable HCl emission 
limit through performance testing and you plan to burn a new type of 
fuel or a new mixture of fuels, you must recalculate the maximum 
chlorine input using Equation 5 of Sec. 63.7530. If the results of 
recalculating the maximum chlorine input using Equation 5 of Sec. 
63.7530 are higher than the maximum chlorine input level established 
during the previous performance test, then you must conduct a new 
performance test within 60 days of burning the new fuel type or fuel 
mixture according to the procedures in Sec. 63.7520 to demonstrate that 
the HCl emissions do not exceed the emission limit. You must also 
establish new operating limits based on this performance test according 
to the procedures in Sec. 63.7530(c).
    (5) If you demonstrate compliance with an applicable TSM emission 
limit through fuel analysis, and you plan to burn a new type of fuel, 
you must recalculate the TSM emission rate using Equation 10 of Sec. 
63.7530 according to the procedures specified in paragraphs (a)(5)(i) 
through (iii) of this section.
    (i) You must determine the TSM concentration for any new fuel type 
in units of pounds per million Btu, based on supplier data or your own 
fuel analysis, according to the provisions in your site-specific fuel 
analysis plan developed according to Sec. 63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of TSM.
    (iii) Recalculate the TSM emission rate from your boiler or process 
heater under these new conditions using Equation 10 of Sec. 63.7530. 
The recalculated TSM emission rate must be less than the applicable 
emission limit.
    (6) If you demonstrate compliance with an applicable TSM emission 
limit through performance testing, and you plan to burn a new type of 
fuel or a new mixture of fuels, you must recalculate the maximum TSM 
input using Equation 6 of Sec. 63.7530. If the results of recalculating 
the maximum total selected metals input using Equation 6 of Sec. 
63.7530 are higher than the maximum TSM input level established during 
the previous performance test, then you must conduct a new performance 
test within 60 days of burning the new fuel type or fuel mixture 
according to the procedures in Sec. 63.7520 to demonstrate that the TSM 
emissions do not exceed the emission limit. You must also establish new 
operating limits based on this performance test according to the 
procedures in Sec. 63.7530(c).
    (7) If you demonstrate compliance with an applicable mercury 
emission limit through fuel analysis, and you plan to burn a new type of 
fuel, you must recalculate the mercury emission rate using Equation 11 
of Sec. 63.7530 according to the procedures specified in paragraphs 
(a)(7)(i) through (iii) of this section.
    (i) You must determine the mercury concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec. 63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of mercury.
    (iii) Recalculate the mercury emission rate from your boiler or 
process heater under these new conditions using Equation 11 of Sec. 
63.7530. The recalculated mercury emission rate must be less than the 
applicable emission limit.
    (8) If you demonstrate compliance with an applicable mercury 
emission limit through performance testing, and you plan to burn a new 
type of fuel or a new mixture of fuels, you must recalculate the maximum 
mercury input using Equation 7 of Sec. 63.7530. If the results of 
recalculating the maximum

[[Page 133]]

mercury input using Equation 7 of Sec. 63.7530 are higher than the 
maximum mercury input level established during the previous performance 
test, then you must conduct a new performance test within 60 days of 
burning the new fuel type or fuel mixture according to the procedures in 
Sec. 63.7520 to demonstrate that the mercury emissions do not exceed 
the emission limit. You must also establish new operating limits based 
on this performance test according to the procedures in Sec. 
63.7530(c).
    (9) If your unit is controlled with a fabric filter, and you 
demonstrate continuous compliance using a bag leak detection system, you 
must initiate corrective action within 1 hour of a bag leak detection 
system alarm and complete corrective actions as soon as practical, and 
operate and maintain the fabric filter system such that the alarm does 
not sound more than 5 percent of the operating time during a 6-month 
period. You must also keep records of the date, time, and duration of 
each alarm, the time corrective action was initiated and completed, and 
a brief description of the cause of the alarm and the corrective action 
taken. You must also record the percent of the operating time during 
each 6-month period that the alarm sounds. In calculating this operating 
time percentage, if inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted. If corrective 
action is required, each alarm shall be counted as a minimum of 1 hour. 
If you take longer than 1 hour to initiate corrective action, the alarm 
time shall be counted as the actual amount of time taken to initiate 
corrective action.
    (10) If you have an applicable work practice standard for carbon 
monoxide, and you are required to install a CEMS according to Sec. 
63.7525(a), then you must meet the requirements in paragraphs (a)(10)(i) 
through (iii) of this section.
    (i) You must continuously monitor carbon monoxide according to 
Sec. Sec. 63.7525(a) and 63.7535.
    (ii) Maintain a carbon monoxide emission level below your applicable 
carbon monoxide work practice standard in Table 1 to this subpart at all 
times except during periods of startup, shutdown, malfunction, and when 
your boiler or process heater is operating at less than 50 percent of 
rated capacity.
    (iii) Keep records of carbon monoxide levels according to Sec. 
63.7555(b).
    (b) You must report each instance in which you did not meet each 
emission limit, operating limit, and work practice standard in Tables 1 
through 4 to this subpart that apply to you. You must also report each 
instance during a startup, shutdown, or malfunction when you did not 
meet each applicable emission limit, operating limit, and work practice 
standard. These instances are deviations from the emission limits and 
work practice standards in this subpart. These deviations must be 
reported according to the requirements in Sec. 63.7550.
    (c) [Reserved]
    (d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the EPA Administrator's satisfaction 
that you were operating in accordance with Sec. 63.6(e)(1). The EPA 
Administrator will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according to 
the provisions in Sec. 63.6(e).

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 
71 FR 70662, Dec. 6, 2006]



Sec. 63.7541  How do I demonstrate continuous compliance under the emission 

averaging provision?

    (a) Following the compliance date, the owner or operator must 
demonstrate compliance with this subpart on a continuous basis by 
meeting the requirements of paragraphs (a)(1) through (5) of this 
section.
    (1) For each calendar month, demonstrate compliance with the average 
weighted emissions limit for the existing large solid fuel boilers 
participating in the emissions averaging option as determined in Sec. 
63.7522(f) and (g);
    (2) You must maintain the applicable opacity limit according to 
paragraphs (a)(2)(i) through (ii) of this section.
    (i) For each existing solid fuel boiler participating in the 
emissions averaging option that is equipped with a dry control system 
and not vented to a

[[Page 134]]

common stack, maintain opacity at or below the applicable limit.
    (ii) For each group of boilers participating in the emissions 
averaging option where each boiler in the group is an existing solid 
fuel boiler equipped with a dry control system and vented to a common 
stack that does not receive emissions from affected units from other 
subcategories or nonaffected units, maintain opacity at or below the 
applicable limit at the common stack;
    (3) For each existing solid fuel boiler participating in the 
emissions averaging option that is equipped with a wet scrubber, 
maintain the 3-hour average parameter values at or below the operating 
limits established during the most recent performance test; and
    (4) For each existing solid fuel boiler participating in the 
emissions averaging option that has an approved alternative operating 
plan, maintain the 3-hour average parameter values at or below the 
operating limits established in the most recent performance test.
    (5) For each existing large solid fuel boiler participating in the 
emissions averaging option venting to a common stack configuration 
containing affected units from other subcategories and/or nonaffected 
units, maintain the appropriate operating limit for each unit as 
specified in Tables 2 through 4 to this subpart that applies.
    (b) Any instance where the owner or operator fails to comply with 
the continuous monitoring requirements in paragraphs (a)(1) through (5) 
of this section, except during periods of startup, shutdown, and 
malfunction, is a deviation.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70662, Dec. 6, 2006]

                   Notification, Reports, and Records



Sec. 63.7545  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8 (e), (f)(4) and (6), and 63.9 (b) through (h) that apply 
to you by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before November 12, 2004, you must submit an Initial Notification 
not later than 120 days after November 12, 2004. The Initial 
Notification must include the information required in paragraphs (b)(1) 
and (2) of this section, as applicable.
    (1) If your affected source has an annual capacity factor of greater 
than 10 percent, your Initial Notification must include the information 
required by Sec. 63.9(b)(2).
    (2) If your affected source has a federally enforceable permit that 
limits the annual capacity factor to less than or equal to 10 percent 
such that the unit is in one of the limited use subcategories (the 
limited use solid fuel subcategory, the limited use liquid fuel 
subcategory, or the limited use gaseous fuel subcategory), your Initial 
Notification must include the information required by Sec. 63.9(b)(2) 
and also a signed statement indicating your affected source has a 
federally enforceable permit that limits the annual capacity factor to 
less than or equal to 10 percent.
    (c) As specified in Sec. 63.9(b)(4) and (b)(5), if you startup your 
new or reconstructed affected source on or after November 12, 2004, you 
must submit an Initial Notification not later than 15 days after the 
actual date of startup of the affected source.
    (d) If you are required to conduct a performance test you must 
submit a Notification of Intent to conduct a performance test at least 
30 days before the performance test is scheduled to begin.
    (e) If you are required to conduct an initial compliance 
demonstration as specified in Sec. 63.7530(a), you must submit a 
Notification of Compliance Status according to Sec. 63.9(h)(2)(ii). For 
each initial compliance demonstration, you must submit the Notification 
of Compliance Status, including all performance test results and fuel 
analyses, before the close of business on the 60th day following the 
completion of the performance test and/or other initial compliance 
demonstrations according to Sec. 63.10(d)(2). The Notification of 
Compliance Status report must contain all the information specified in 
paragraphs (e)(1) through (9), as applicable.
    (1) A description of the affected source(s) including identification 
of which subcategory the source is in, the capacity of the source, a 
description of

[[Page 135]]

the add-on controls used on the source description of the fuel(s) 
burned, and justification for the fuel(s) burned during the performance 
test.
    (2) Summary of the results of all performance tests, fuel analyses, 
and calculations conducted to demonstrate initial compliance including 
all established operating limits.
    (3) Identification of whether you are complying with the particulate 
matter emission limit or the alternative total selected metals emission 
limit.
    (4) Identification of whether you plan to demonstrate compliance 
with each applicable emission limit through performance testing or fuel 
analysis.
    (5) Identification of whether you plan to demonstrate compliance by 
emissions averaging.
    (6) A signed certification that you have met all applicable emission 
limits and work practice standards.
    (7) A summary of the carbon monoxide emissions monitoring data and 
the maximum carbon monoxide emission levels recorded during the 
performance test to show that you have met any applicable work practice 
standard in Table 1 to this subpart.
    (8) If your new or reconstructed boiler or process heater is in one 
of the liquid fuel subcategories and burns only liquid fossil fuels 
other than residual oil either alone or in combination with gaseous 
fuels, you must submit a signed statement certifying this in your 
Notification of Compliance Status report.
    (9) If you had a deviation from any emission limit or work practice 
standard, you must also submit a description of the deviation, the 
duration of the deviation, and the corrective action taken in the 
Notification of Compliance Status report.



Sec. 63.7550  What reports must I submit and when?

    (a) You must submit each report in Table 9 to this subpart that 
applies to you.
    (b) Unless the EPA Administrator has approved a different schedule 
for submission of reports under Sec. 63.10(a), you must submit each 
report by the date in Table 9 to this subpart and according to the 
requirements in paragraphs (b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.7495 and ending on June 30 or December 31, whichever date is the 
first date that occurs at least 180 days after the compliance date that 
is specified for your source in Sec. 63.7495.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date is the first date 
following the end of the first calendar half after the compliance date 
that is specified for your source in Sec. 63.7495.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (c) The compliance report must contain the information required in 
paragraphs (c)(1) through (11) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) The total fuel use by each affected source subject to an 
emission limit, for each calendar month within the semiannual reporting 
period, including, but not limited to, a description of the fuel

[[Page 136]]

and the total fuel usage amount with units of measure.
    (5) A summary of the results of the annual performance tests and 
documentation of any operating limits that were reestablished during 
this test, if applicable.
    (6) A signed statement indicating that you burned no new types of 
fuel. Or, if you did burn a new type of fuel, you must submit the 
calculation of chlorine input, using Equation 5 of Sec. 63.7530, that 
demonstrates that your source is still within its maximum chlorine input 
level established during the previous performance testing (for sources 
that demonstrate compliance through performance testing) or you must 
submit the calculation of HCl emission rate using Equation 9 of Sec. 
63.7530 that demonstrates that your source is still meeting the emission 
limit for HCl emissions (for boilers or process heaters that demonstrate 
compliance through fuel analysis). If you burned a new type of fuel, you 
must submit the calculation of TSM input, using Equation 6 of Sec. 
63.7530, that demonstrates that your source is still within its maximum 
TSM input level established during the previous performance testing (for 
sources that demonstrate compliance through performance testing), or you 
must submit the calculation of TSM emission rate using Equation 10 of 
Sec. 63.7530 that demonstrates that your source is still meeting the 
emission limit for TSM emissions (for boilers or process heaters that 
demonstrate compliance through fuel analysis). If you burned a new type 
of fuel, you must submit the calculation of mercury input, using 
Equation 7 of Sec. 63.7530, that demonstrates that your source is still 
within its maximum mercury input level established during the previous 
performance testing (for sources that demonstrate compliance through 
performance testing), or you must submit the calculation of mercury 
emission rate using Equation 11 of Sec. 63.7530 that demonstrates that 
your source is still meeting the emission limit for mercury emissions 
(for boilers or process heaters that demonstrate compliance through fuel 
analysis).
    (7) If you wish to burn a new type of fuel and you can not 
demonstrate compliance with the maximum chlorine input operating limit 
using Equation 5 of Sec. 63.7530, the maximum TSM input operating limit 
using Equation 6 of Sec. 63.7530, or the maximum mercury input 
operating limit using Equation 7 of Sec. 63.7530, you must include in 
the compliance report a statement indicating the intent to conduct a new 
performance test within 60 days of starting to burn the new fuel.
    (8) The hours of operation for each boiler and process heater that 
is subject to an emission limit for each calendar month within the 
semiannual reporting period. This requirement applies only to limited 
use boilers and process heaters.
    (9) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your SSMP, the 
compliance report must include the information in Sec. 63.10(d)(5)(i).
    (10) If there are no deviations from any emission limits or 
operating limits in this subpart that apply to you, and there are no 
deviations from the requirements for work practice standards in this 
subpart, a statement that there were no deviations from the emission 
limits, operating limits, or work practice standards during the 
reporting period.
    (11) If there were no periods during which the CMSs, including CEMS, 
COMS, and CPMS, were out of control as specified in Sec. 63.8(c)(7), a 
statement that there were no periods during which the CMSs were out of 
control during the reporting period.
    (d) For each deviation from an emission limit or operating limit in 
this subpart and for each deviation from the requirements for work 
practice standards in this subpart that occurs at an affected source 
where you are not using a CMSs to comply with that emission limit, 
operating limit, or work practice standard, the compliance report must 
contain the information in paragraphs (c)(1) through (10) of this 
section and the information required in paragraphs (d)(1) through (4) of 
this section. This includes periods of startup, shutdown, and 
malfunction.
    (1) The total operating time of each affected source during the 
reporting period.

[[Page 137]]

    (2) A description of the deviation and which emission limit, 
operating limit, or work practice standard from which you deviated.
    (3) Information on the number, duration, and cause of deviations 
(including unknown cause), as applicable, and the corrective action 
taken.
    (4) A copy of the test report if the annual performance test showed 
a deviation from the emission limit for particulate matter or the 
alternative TSM limit, a deviation from the HCl emission limit, or a 
deviation from the mercury emission limit.
    (e) For each deviation from an emission limitation and operating 
limit or work practice standard in this subpart occurring at an affected 
source where you are using a CMS to comply with that emission limit, 
operating limit, or work practice standard, you must include the 
information in paragraphs (c) (1) through (10) of this section and the 
information required in paragraphs (e) (1) through (12) of this section. 
This includes periods of startup, shutdown, and malfunction and any 
deviations from your site-specific monitoring plan as required in Sec. 
63.7505(d).
    (1) The date and time that each malfunction started and stopped and 
description of the nature of the deviation (i.e., what you deviated 
from).
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out of control, 
including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (5) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMSs downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (8) An identification of each parameter that was monitored at the 
affected source for which there was a deviation, including opacity, 
carbon monoxide, and operating parameters for wet scrubbers and other 
control devices.
    (9) A brief description of the source for which there was a 
deviation.
    (10) A brief description of each CMS for which there was a 
deviation.
    (11) The date of the latest CMS certification or audit for the 
system for which there was a deviation.
    (12) A description of any changes in CMSs, processes, or controls 
since the last reporting period for the source for which there was a 
deviation.
    (f) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a compliance report 
pursuant to Table 9 to this subpart along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required 
information concerning deviations from any emission limit, operating 
limit, or work practice requirement in this subpart, submission of the 
compliance report satisfies any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a compliance 
report does not otherwise affect any obligation the affected source may 
have to report deviations from permit requirements to the permit 
authority.
    (g) If you operate a new gaseous fuel unit that is subject to the 
work practice standard specified in Table 1 to this subpart, and you 
intend to use a fuel other than natural gas or equivalent to fire the 
affected unit, you must submit a notification of alternative fuel use 
within 48 hours of the declaration of a period of natural gas 
curtailment or supply interruption, as defined

[[Page 138]]

in Sec. 63.7575. The notification must include the information 
specified in paragraphs (g)(1) through (5) of this section.
    (1) Company name and address.
    (2) Identification of the affected unit.
    (3) Reason you are unable to use natural gas or equivalent fuel, 
including the date when the natural gas curtailment was declared or the 
natural gas supply interruption began.
    (4) Type of alternative fuel that you intend to use.
    (5) Dates when the alternative fuel use is expected to begin and 
end.



Sec. 63.7555  What records must I keep?

    (a) You must keep records according to paragraphs (a)(1) through (3) 
of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status or semiannual 
compliance report that you submitted, according to the requirements in 
Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, fuel analyses, or other compliance 
demonstrations, performance evaluations, and opacity observations as 
required in Sec. 63.10(b)(2)(viii).
    (b) For each CEMS, CPMS, and COMS, you must keep records according 
to paragraphs (b)(1) through (5) of this section.
    (1) Records described in Sec. 63.10(b)(2) (vi) through (xi).
    (2) Monitoring data for continuous opacity monitoring system during 
a performance evaluation as required in Sec. 63.6(h)(7)(i) and (ii).
    (3) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (4) Request for alternatives to relative accuracy test for CEMS as 
required in Sec. 63.8(f)(6)(i).
    (5) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required in Table 8 to this subpart 
including records of all monitoring data and calculated averages for 
applicable operating limits such as opacity, pressure drop, carbon 
monoxide, and pH to show continuous compliance with each emission limit, 
operating limit, and work practice standard that applies to you.
    (d) For each boiler or process heater subject to an emission limit, 
you must also keep the records in paragraphs (d)(1) through (5) of this 
section.
    (1) You must keep records of monthly fuel use by each boiler or 
process heater, including the type(s) of fuel and amount(s) used.
    (2) You must keep records of monthly hours of operation by each 
boiler or process heater. This requirement applies only to limited-use 
boilers and process heaters.
    (3) A copy of all calculations and supporting documentation of 
maximum chlorine fuel input, using Equation 5 of Sec. 63.7530, that 
were done to demonstrate continuous compliance with the HCl emission 
limit, for sources that demonstrate compliance through performance 
testing. For sources that demonstrate compliance through fuel analysis, 
a copy of all calculations and supporting documentation of HCl emission 
rates, using Equation 9 of Sec. 63.7530, that were done to demonstrate 
compliance with the HCl emission limit. Supporting documentation should 
include results of any fuel analyses and basis for the estimates of 
maximum chlorine fuel input or HCl emission rates. You can use the 
results from one fuel analysis for multiple boilers and process heaters 
provided they are all burning the same fuel type. However, you must 
calculate chlorine fuel input, or HCl emission rate, for each boiler and 
process heater.
    (4) A copy of all calculations and supporting documentation of 
maximum TSM fuel input, using Equation 6 of Sec. 63.7530, that were 
done to demonstrate continuous compliance with the TSM emission limit 
for sources that demonstrate compliance through performance testing. For 
sources that demonstrate compliance through fuel analysis, a copy of all 
calculations and supporting documentation of TSM emission rates, using 
Equation 10 of Sec. 63.7530, that were done to demonstrate compliance 
with the TSM emission

[[Page 139]]

limit. Supporting documentation should include results of any fuel 
analyses and basis for the estimates of maximum TSM fuel input or TSM 
emission rates. You can use the results from one fuel analysis for 
multiple boilers and process heaters provided they are all burning the 
same fuel type. However, you must calculate TSM fuel input, or TSM 
emission rates, for each boiler and process heater.
    (5) A copy of all calculations and supporting documentation of 
maximum mercury fuel input, using Equation 7 of Sec. 63.7530, that were 
done to demonstrate continuous compliance with the mercury emission 
limit for sources that demonstrate compliance through performance 
testing. For sources that demonstrate compliance through fuel analysis, 
a copy of all calculations and supporting documentation of mercury 
emission rates, using Equation 11 of Sec. 63.7530, that were done to 
demonstrate compliance with the mercury emission limit. Supporting 
documentation should include results of any fuel analyses and basis for 
the estimates of maximum mercury fuel input or mercury emission rates. 
You can use the results from one fuel analysis for multiple boilers and 
process heaters provided they are all burning the same fuel type. 
However, you must calculate mercury fuel input, or mercury emission 
rates, for each boiler and process heater.
    (e) If your boiler or process heater is subject to an emission limit 
or work practice standard in Table 1 to this subpart and has a federally 
enforceable permit that limits the annual capacity factor to less than 
or equal to 10 percent such that the unit is in one of the limited use 
subcategories, you must keep the records in paragraphs (e)(1) and (2) of 
this section.
    (1) A copy of the federally enforceable permit that limits the 
annual capacity factor of the source to less than or equal to 10 
percent.
    (2) Fuel use records for the days the boiler or process heater was 
operating.



Sec. 63.7560  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records off site for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7565  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.7570  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by U.S. EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency (as well as the U.S. EPA) has the 
authority to implement and enforce this subpart. You should contact your 
EPA Regional Office to find out if this subpart is delegated to your 
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities listed in paragraphs (b)(1) through (5) of 
this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency, however, the U.S. EPA 
retains oversight of this subpart and can take enforcement actions, as 
appropriate.
    (1) Approval of alternatives to the non-opacity emission limits and 
work practice standards in Sec. 63.7500(a) and (b) under Sec. 63.6(g).
    (2) Approval of alternative opacity emission limits in Sec. 
63.7500(a) under Sec. 63.6(h)(9).
    (3) Approval of major change to test methods in Table 5 to this 
subpart

[[Page 140]]

under Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major change to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major change to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.7575  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec. 63.2 
(the General Provisions), and in this section as follows:
    Annual capacity factor means the ratio between the actual heat input 
to a boiler or process heater from the fuels burned during a calendar 
year, and the potential heat input to the boiler or process heater had 
it been operated for 8,760 hours during a year at the maximum steady 
state design heat input capacity.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
electrodynamic, triboelectric, light scattering, light transmittance, or 
other principle to monitor relative particulate matter loadings.
    Biomass fuel means unadulterated wood as defined in this subpart, 
wood residue, and wood products (e.g., trees, tree stumps, tree limbs, 
bark, lumber, sawdust, sanderdust, chips, scraps, slabs, millings, and 
shavings); animal litter; vegetative agricultural and silvicultural 
materials, such as logging residues (slash), nut and grain hulls and 
chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard 
prunings, corn stalks, coffee bean hulls and grounds.
    Blast furnace gas fuel-fired boiler or process heater means an 
industrial/commercial/institutional boiler or process heater that 
receives 90 percent or more of its total heat input (based on an annual 
average) from blast furnace gas.
    Boiler means an enclosed device using controlled flame combustion 
and having the primary purpose of recovering thermal energy in the form 
of steam or hot water. Waste heat boilers are excluded from this 
definition.
    Coal means all solid fuels classifiable as anthracite, bituminous, 
sub-bituminous, or lignite by the American Society for Testing and 
Materials in ASTM D388-991 .\1\, ``Standard Specification for 
Classification of Coals by Rank \1\'' (incorporated by reference, see 
Sec. 63.14(b)), coal refuse, and petroleum coke. Synthetic fuels 
derived from coal for the purpose of creating useful heat including but 
not limited to, solvent-refined coal, coal-oil mixtures, and coal-water 
mixtures, for the purposes of this subpart. Coal derived gases are 
excluded from this definition.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and a 
heating value less than 13,900 kilojoules per kilogram (6,000 Btu per 
pound) on a dry basis.
    Commercial/institutional boiler means a boiler used in commercial 
establishments or institutional establishments such as medical centers, 
research centers, institutions of higher education, hotels, and 
laundries to provide electricity, steam, and/or hot water.
    Common Stack means the exhaust of emissions from two or more 
affected units through a single flue.
    Construction/demolition material means waste building material that 
result from the construction or demolition operations on houses and 
commercial and industrial buildings.
    Deviation. (1) Deviation means any instance in which an affected 
source subject to this subpart, or an owner or operator of such a 
source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limit, operating 
limit, or work practice standard;
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is included 
in the operating permit for any affected source required to obtain such 
a permit; or
    (iii) Fails to meet any emission limit, operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless or whether or not such failure is permitted by 
this subpart.

[[Page 141]]

    (2) A deviation is not always a violation. The determination of 
whether a deviation constitutes a violation of the standard is up to the 
discretion of the entity responsible for enforcement of the standards.
    Distillate oil means fuel oils, including recycled oils, that comply 
with the specifications for fuel oil numbers 1 and 2, as defined by the 
American Society for Testing and Materials in ASTM D396-02a, ``Standard 
Specifications for Fuel Oils \1\'' (incorporated by reference, see Sec. 
63.14(b)).
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition.
    Electric utility steam generating unit means a fossil fuel-fired 
combustion unit of more than 25 megawatts that serves a generator that 
produces electricity for sale. A fossil fuel-fired unit that cogenerates 
steam and electricity and supplies more than one-third of its potential 
electric output capacity and more than 25 megawatts electrical output to 
any utility power distribution system for sale is considered an electric 
utility steam generating unit.
    Electrostatic precipitator means an add-on air pollution control 
device used to capture particulate matter by charging the particles 
using an electrostatic field, collecting the particles using a grounded 
collecting surface, and transporting the particles into a hopper.
    Equivalent means the following only as this term is used in Table 6 
to subpart DDDDD:
    (1) An equivalent sample collection procedure means a published 
voluntary consensus standard or practice (VCS) or EPA method that 
includes collection of a minimum of three composite fuel samples, with 
each composite consisting of a minimum of three increments collected at 
approximately equal intervals over the test period.
    (2) An equivalent sample compositing procedure means a published VCS 
or EPA method to systematically mix and obtain a representative 
subsample (part) of the composite sample.
    (3) An equivalent sample preparation procedure means a published VCS 
or EPA method that: Clearly states that the standard, practice or method 
is appropriate for the pollutant and the fuel matrix; or is cited as an 
appropriate sample preparation standard, practice or method for the 
pollutant in the chosen VCS or EPA determinative or analytical method.
    (4) An equivalent procedure for determining heat content means a 
published VCS or EPA method to obtain gross calorific (or higher 
heating) value.
    (5) An equivalent procedure for determining fuel moisture content 
means a published VCS or EPA method to obtain moisture content. If the 
sample analysis plan calls for determining metals (especially the 
mercury, selenium, or arsenic) using an aliquot of the dried sample, 
then the drying temperature must be modified to prevent vaporizing these 
metals. On the other hand, if metals analysis is done on an ``as 
received'' basis, a separate aliquot can be dried to determine moisture 
content and the metals concentration mathematically adjusted to a dry 
basis.
    (6) An equivalent pollutant (mercury, TSM, or total chlorine) 
determinative or analytical procedure means a published VCS or EPA 
method that clearly states that the standard, practice, or method is 
appropriate for the pollutant and the fuel matrix and has a published 
detection limit equal or lower than the methods listed in Table 6 to 
subpart DDDDD for the same purpose.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Federally enforceable means all limitations and conditions that are 
enforceable by the EPA Administrator, including the requirements of 40 
CFR parts 60 and 61, requirements within any applicable State 
implementation plan, and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.

[[Page 142]]

    Firetube boiler means a boiler that utilizes a containment shell 
that encloses firetubes (tubes in a boiler having water on the outside 
and carrying the hot gases of combustion inside), and allows the water 
to vaporize and steam to separate. Hybrid boilers that have been 
registered/certified by the National Board of Boiler and Pressure Vessel 
Inspectors and/or the State as firetube boilers as indicated by ``Form 
P-2'' (Manufacturers' Data Report for All Types of Boilers Except 
Watertube and Electric, As Required by the Provisions of the ASME Code 
Rules, Section I), are considered to be firetube boilers for the purpose 
of this subpart.
    Fuel type means each category of fuels that share a common name or 
classification. Examples include, but are not limited to, bituminous 
coal, subbituminous coal, lignite, anthracite, biomass, construction/
demolition material, salt water laden wood, creosote treated wood, 
tires, residual oil. Individual fuel types received from different 
suppliers are not considered new fuel types except for construction/
demolition material. Contraband, prohibited goods, or retired U.S. 
flags, burned at the request of a government agency, are not considered 
a fuel type for the purpose of this subpart.
    Gaseous fuel includes, but is not limited to, natural gas, process 
gas, landfill gas, coal derived gas, refinery gas, and biogas. Blast 
furnace gas is exempted from this definition.
    Heat input means heat derived from combustion of fuel in a boiler or 
process heater and does not include the heat input from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources such as gas turbines, internal combustion engines, kilns, etc.
    Hot water heater means a closed vessel with a capacity of no more 
than 120 U.S. gallons in which water is heated by combustion of gaseous 
or liquid fuel and is withdrawn for use external to the vessel at 
pressures not exceeding 160 psig, including the apparatus by which the 
heat is generated and all controls and devices necessary to prevent 
water temperatures from exceeding 210 [deg]F (99 [deg]C).
    Industrial boiler means a boiler used in manufacturing, processing, 
mining, and refining or any other industry to provide steam, hot water, 
and/or electricity.
    Large gaseous fuel subcategory includes any watertube boiler or 
process heater that burns gaseous fuels not combined with any solid 
fuels, burns liquid fuel only during periods of gas curtailment, gas 
supply emergencies, or for periodic testing of liquid fuel, has a rated 
capacity of greater than 10 MMBtu per hour heat input, and does not have 
a federally enforceable annual average capacity factor of equal to or 
less than 10 percent. Periodic testing of liquid fuel is not to exceed a 
combined total of 48 hours during any calendar year.
    Large liquid fuel subcategory includes any watertube boiler or 
process heater that does not burn any solid fuel and burns any liquid 
fuel either alone or in combination with gaseous fuels, has a rated 
capacity of greater than 10 MMBtu per hour heat input, and does not have 
a federally enforceable annual average capacity factor of equal to or 
less than 10 percent. Large gaseous fuel boilers and process heaters 
that burn liquid fuel during periods of gas curtailment, gas supply 
emergencies or for periodic testing of liquid fuel not to exceed a 
combined total of 48 hours during any calendar year are not included in 
this definition.
    Large solid fuel subcategory includes any watertube boiler or 
process heater that burns any amount of solid fuel either alone or in 
combination with liquid or gaseous fuels, has a rated capacity of 
greater than 10 MMBtu per hour heat input, and does not have a federally 
enforceable annual average capacity factor of equal to or less than 10 
percent.
    Limited use gaseous fuel subcategory includes any watertube boiler 
or process heater that burns gaseous fuels not combined with any liquid 
or solid fuels, burns liquid fuel only during periods of gas curtailment 
or gas supply emergencies, has a rated capacity of greater than 10 MMBtu 
per hour heat input, and has a federally enforceable annual average 
capacity factor of equal to or less than 10 percent.
    Limited use liquid fuel subcategory includes any watertube boiler or 
process heater that does not burn any solid

[[Page 143]]

fuel and burns any liquid fuel either alone or in combination with 
gaseous fuels, has a rated capacity of greater than 10 MMBtu per hour 
heat input, and has a federally enforceable annual average capacity 
factor of equal to or less than 10 percent. Limited use gaseous fuel 
boilers and process heaters that burn liquid fuel during periods of gas 
curtailment or gas supply emergencies are not included in this 
definition.
    Limited use solid fuel subcategory includes any watertube boiler or 
process heater that burns any amount of solid fuel either alone or in 
combination with liquid or gaseous fuels, has a rated capacity of 
greater than 10 MMBtu per hour heat input, and has a federally 
enforceable annual average capacity factor of equal to or less than 10 
percent.
    Liquid fossil fuel means petroleum, distillate oil, residual oil and 
any form of liquid fuel derived from such material.
    Liquid fuel includes, but is not limited to, distillate oil, 
residual oil, waste oil, and process liquids.
    Minimum pressure drop means 90 percent of the lowest test-run 
average pressure drop measured according to Table 7 to this subpart 
during the most recent performance test demonstrating compliance with 
the applicable emission limit.
    Minimum scrubber effluent pH means 90 percent of the lowest test-run 
average effluent pH measured at the outlet of the wet scrubber according 
to Table 7 to this subpart during the most recent performance test 
demonstrating compliance with the applicable hydrogen chloride emission 
limit.
    Minimum scrubber flow rate means 90 percent of the lowest test-run 
average flow rate measured according to Table 7 to this subpart during 
the most recent performance test demonstrating compliance with the 
applicable emission limit.
    Minimum sorbent flow rate means 90 percent of the lowest test-run 
average sorbent (or activated carbon) flow rate measured according to 
Table 7 to this subpart during the most recent performance test 
demonstrating compliance with the applicable emission limits.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
according to Table 7 to this subpart during the most recent performance 
test demonstrating compliance with the applicable emission limits.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquid petroleum gas, as defined by the American Society for 
Testing and Materials in ASTM D1835-03a, ``Standard Specification for 
Liquid Petroleum Gases'' (incorporated by reference, see Sec. 
63.14(b)).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Particulate matter means any finely divided solid or liquid 
material, other than uncombined water, as measured by the test methods 
specified under this subpart, or an alternative method.
    Period of natural gas curtailment or supply interruption means a 
period of time during which the supply of natural gas to an affected 
facility is halted for reasons beyond the control of the facility. An 
increase in the cost or unit price of natural gas does not constitute a 
period of natural gas curtailment or supply interruption.
    Process heater means an enclosed device using controlled flame, that 
is not a boiler, and the unit's primary purpose is to transfer heat 
indirectly to a process material (liquid, gas, or solid) or to a heat 
transfer material for use in a process unit, instead of generating 
steam. Process heaters are devices in which the combustion gases do not 
directly come into contact with process materials. Process heaters do 
not include units used for comfort heat or space heat, food preparation 
for on-site consumption, or autoclaves.
    Residual oil means crude oil, and all fuel oil numbers 4, 5 and 6, 
as defined by the American Society for Testing and Materials in ASTM 
D396-02a, ``Standard Specifications for Fuel Oils \1\'' (incorporated by 
reference, see Sec. 63.14(b)).

[[Page 144]]

    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Small gaseous fuel subcategory includes any size of firetube boiler 
and any other boiler or process heater with a rated capacity of less 
than or equal to 10 MMBtu per hour heat input that burn gaseous fuels 
not combined with any solid fuels and burns liquid fuel only during 
periods of gas curtailment, gas supply emergencies, or for periodic 
testing of liquid fuel. Periodic testing is not to exceed a combined 
total of 48 hours during any calendar year.
    Small liquid fuel subcategory includes any size of firetube boiler 
and any other boiler or process with a rated capacity of less than or 
equal to 10 MMBtu per hour heat input that do not burn any solid fuel 
and burn any liquid fuel either alone or in combination with gaseous 
fuels. Small gaseous fuel boilers and process heaters that burn liquid 
fuel during periods of gas curtailment, gas supply emergencies or for 
periodic testing of liquid fuel not to exceed a combined total of 48 
hours during any calendar year are not included in this definition.
    Small solid fuel subcategory includes any firetube boiler that burns 
any amount of solid fuel either alone or in combination with liquid or 
gaseous fuels, and any other boiler or process heater that burns any 
amount of solid fuel either alone or in combination with liquid or 
gaseous fuels and has a rated capacity of less than or equal to 10 MMBtu 
per hour heat input.
    Solid fuel includes, but is not limited to, coal, wood, biomass, 
tires, plastics, and other nonfossil solid materials.
    Temporary boiler means any gaseous or liquid fuel boiler that is 
designed to, and is capable of, being carried or moved from one location 
to another. A temporary boiler that remains at a location for more than 
180 consecutive days is no longer considered to be a temporary boiler. 
Any temporary boiler that replaces a temporary boiler at a location and 
is intended to perform the same or similar function will be included in 
calculating the consecutive time period.
    Total selected metals means the combination of the following 
metallic HAP: arsenic, beryllium, cadmium, chromium, lead, manganese, 
nickel and selenium.
    Unadulterated wood means wood or wood products that have not been 
painted, pigment-stained, or pressure treated with compounds such as 
chromate copper arsenate, pentachlorophenol, and creosote. Plywood, 
particle board, oriented strand board, and other types of wood products 
bound by glues and resins are included in this definition.
    Voluntary Consensus Standards or VCS mean technical standards (e.g., 
materials specifications, test methods, sampling procedures, business 
practices) developed or adopted by one or more voluntary consensus 
bodies. EPA/OAQPS has by precedent only used VCS that are written in 
English. Examples of VCS bodies are: American Society of Testing and 
Materials (ASTM), American Society of Mechanical Engineers (ASME), 
International Standards Organization (ISO), Standards Australia (AS), 
British Standards (BS), Canadian Standards (CSA), European Standard (EN 
or CEN) and German Engineering Standards (VDI). The types of standards 
that are not considered VCS are standards developed by: the U.S. states, 
e.g., California (CARB) and Texas (TCEQ); industry groups, such as 
American Petroleum Institute (API), Gas Processors Association (GPA), 
and Gas Research Institute (GRI); and other branches of the U.S. 
government, e.g. Department of Defense (DOD) and Department of 
Transportation (DOT). This does not preclude EPA from using standards 
developed by groups that are not VCS bodies within their rule. When this 
occurs, EPA has done searches and reviews for VCS equivalent to these 
non-EPA methods.
    Waste heat boiler means a device that recovers normally unused 
energy and converts it to usable heat. Waste heat boilers incorporating 
duct or supplemental burners that are designed to supply 50 percent or 
more of the total rated heat input capacity of the waste heat boiler are 
not considered waste heat boilers, but are considered boilers. Waste 
heat boilers are also referred to as heat recovery steam generators.
    Watertube boiler means a boiler that incorporates a steam drum with 
tubes

[[Page 145]]

connected to the drum to separate steam from water.
    Wet scrubber means any add-on air pollution control device that 
mixes an aqueous stream or slurry with the exhaust gases from a boiler 
or process heater to control emissions of particulate matter and/or to 
absorb and neutralize acid gases, such as hydrogen chloride.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70662, Dec. 6, 2006]



   Sec. Table 1 to Subpart DDDDD of Part 63--Emission Limits and Work 

                           Practice Standards

     As stated in Sec.  63.7500, you must comply with the following
         applicable emission limits and work practice standards:
------------------------------------------------------------------------
                                                      You must meet the
  If your boiler or process                          following emission
      heater is in this         For the following      limits and work
      subcategory . . .         pollutants . . .    practice standards .
                                                             . .
------------------------------------------------------------------------
1. New or reconstructed       a. Particulate        0.025 lb per MMBtu
 large solid fuel.             Matter (or Total      of heat input; or
                               Selected Metals).     (0.0003 lb per
                                                     MMBtu of heat
                                                     input).
                              b. Hydrogen Chloride  0.02 lb per MMBtu of
                                                     heat input.
                              c. Mercury..........  0.000003 lb per
                                                     MMBtu of heat
                                                     input.
                              d. Carbon Monoxide..  400 ppm by volume on
                                                     a dry basis
                                                     corrected to 7
                                                     percent oxygen (30-
                                                     day rolling average
                                                     for units 100 MMBtu/
                                                     hr or greater, 3-
                                                     run average for
                                                     units less than 100
                                                     MMBtu/hr).
2. New or reconstructed       a. Particulate        0.025 lb per MMBtu
 limited use solid fuel.       Matter (or Total      of heat input; or
                               Selected Metals).     (0.0003 lb per
                                                     MMBtu of heat
                                                     input).
                              b. Hydrogen Chloride  0.02 lb per MMBtu of
                                                     heat input.
                              c. Mercury..........  0.000003 lb per
                                                     MMBtu of heat
                                                     input.
                              d. Carbon Monoxide..  400 ppm by volume on
                                                     a dry basis
                                                     corrected to 7
                                                     percent oxygen (3-
                                                     run average).
3. New or reconstructed       a. Particulate        0.025 lb per MMBtu
 small solid fuel.             Matter (or Total      of heat input; or
                               Selected Metals).     (0.0003 lb per
                                                     MMBtu of heat
                                                     input).
                              b. Hydrogen Chloride  0.02 lb per MMBtu of
                                                     heat input.
                              c. Mercury..........  0.000003 lb per
                                                     MMBtu of heat
                                                     input.
4. New reconstructed large    a. Particulate        0.03 lb per MMBtu of
 liquid fuel.                  Matter.               heat input.
                              b. Hydrogen Chloride  0.0005 lb per MMBtu
                                                     of heat input.
                              c. Carbon Monoxide..  400 ppm by volume on
                                                     a dry basis
                                                     corrected to 3
                                                     percent oxygen (30-
                                                     day rolling average
                                                     for units 100 MMBtu/
                                                     hr or greater, 3-
                                                     run average for
                                                     units less than 100
                                                     MMBtu/hr).
5. New or reconstructed       a. Particulate        0.03 lb per MMBtu of
 limited use liquid fuel.      Matter.               heat input.
                              b. Hydrogen Chloride  0.0009 lb per MMBtu
                                                     of heat input.
                              c. Carbon Monoxide..  400 ppm by volume on
                                                     a dry basis liquid
                                                     corrected to 3
                                                     percent oxygen (3-
                                                     run average).
6. New or reconstructed       a. Particulate        0.03 lb per MMBtu of
 small liquid fuel.            Matter.               heat input.
                              b. Hydrogen Chloride  0.0009 lb per MMBtu
                                                     of heat input.
7. New reconstructed large    Carbon Monoxide.....  400 ppm by volume on
 gaseous fuel.                                       a dry basis
                                                     corrected to 3
                                                     percent oxygen (30-
                                                     day rolling average
                                                     for units 100 MMBtu/
                                                     hr or greater, 3-
                                                     run average for
                                                     units less than 100
                                                     MMBtu/hr).
8. New or reconstructed       Carbon Monoxide.....  400 ppm by volume on
 limited use gaseous fuel.                           a dry basis
                                                     corrected to 3
                                                     percent oxygen (3-
                                                     run average).
9. Existing large solid fuel  a. Particulate        0.07 lb per MMBtu of
                               Matter (or Total      heat input; or
                               Selected Metals).     (0.001 lb per MMBtu
                                                     of heat input).
                              b. Hydrogen Chloride  0.09 lb per MMBtu of
                                                     heat input.
                              c. Mercury..........  0.000009 lb per
                                                     MMBtu of heat
                                                     input.
10. Existing limited use      Particulate Matter    0.21 lb per MMBtu of
 solid fuel.                   (or Total Selected    heat input; or
                               Metals).              (0.004 lb per MMBtu
                                                     of heat input).
------------------------------------------------------------------------


[[Page 146]]



 Sec. Table 2 to Subpart DDDDD of Part 63--Operating Limits for Boilers 

       and Process Heaters With Particulate Matter Emission Limits

    As stated in Sec.  63.7500, you must comply with the applicable
                            operating limits:
------------------------------------------------------------------------
 If you demonstrate compliance with
   applicable particulate matter        You must meet these operating
    emission limits using . . .                  limits . . .
------------------------------------------------------------------------
1. Wet scrubber control............  a. Maintain the minimum pressure
                                      drop and liquid flow-rate at or
                                      above the operating levels
                                      established during the performance
                                      test according to Sec.
                                      63.7530(c) and Table 7 to this
                                      subpart that demonstrated
                                      compliance with the applicable
                                      emission limit for particulate
                                      matter.
2. Fabric filter control...........  a. Install and operate a bag leak
                                      detection system according to Sec.
                                        63.7525 and operate the fabric
                                      filter such that the bag leak
                                      detection system alarm does not
                                      sound more than 5 percent of the
                                      operating time during each 6-month
                                      period; or
                                     b. This option is for boilers and
                                      process heaters that operate dry
                                      control systems. Existing boilers
                                      and process heaters must maintain
                                      opacity to less than or equal to
                                      20 percent (6-minute average)
                                      except for one 6-minute period per
                                      hour of not more than 27 percent.
                                      New boilers and process heaters
                                      must maintain opacity to less than
                                      or equal to 10 percent opacity (1-
                                      hour block average).
3. Electrostatic precipitator        a. This option is for boilers and
 control.                             process heaters that operate dry
                                      control systems. Existing boilers
                                      and process heaters must maintain
                                      opacity to less than or equal to
                                      20 percent (6-minute average)
                                      except for one 6-minute period per
                                      hour of not more than 27 percent.
                                      New boilers and process heaters
                                      must maintain opacity to less than
                                      or equal to 10 percent opacity (1-
                                      hour block average); or
                                     b. This option is only for boilers
                                      and process heaters that operate
                                      additional wet control systems.
                                      Maintain the minimum voltage and
                                      secondary current or total power
                                      input of the electrostatic
                                      precipitator at or above the
                                      operating limits established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limit for
                                      particulate matter.
4. Any other control type..........  This option is for boilers and
                                      process heaters that operate dry
                                      control systems. Existing boilers
                                      and process heaters must maintain
                                      opacity to less than or equal to
                                      20 percent (6-minute average)
                                      except for one 6-minute period per
                                      hour of not more than 27 percent.
                                      New boilers and process heaters
                                      must maintain opacity to less than
                                      or equal to 10 percent opacity (1-
                                      hour block average).
------------------------------------------------------------------------



 Sec. Table 3 to Subpart DDDDD of Part 63--Operating Limits for Boilers 

and Process Heaters With Mercury Emission Limits and Boilers and Process 

Heaters That Choose To Comply With the Alternative Total Selected Metals 

                             Emission Limits

    As stated in Sec.  63.7500, you must comply with the applicable
                            operating limits:
------------------------------------------------------------------------
 If you demonstrate compliance with
  applicable mercury and/or total       You must meet these operating
  selected metals emission limits                limits . . .
            using . . .
------------------------------------------------------------------------
1. Wet scrubber control............  Maintain the minimum pressure drop
                                      and liquid flow-rate at or above
                                      the operating levels established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limits for
                                      mercury and/or total selected
                                      metals.
2. Fabric filter control...........  a. Install and operate a bag leak
                                      detection system according to Sec.
                                        63.7525 and operate the fabric
                                      filter such that the bag leak
                                      detection system alarm does not
                                      sound more than 5 percent of the
                                      operating time during a 6-month
                                      period; or
                                     b. This option is for boilers and
                                      process heaters that operate dry
                                      control systems. Existing sources
                                      must maintain opacity to less than
                                      or equal to 20 percent (6-minute
                                      average) except for one 6-minute
                                      period per hour of not more than
                                      27 percent. New sources must
                                      maintain opacity to less than or
                                      equal to 10 percent opacity (1-
                                      hour block average).

[[Page 147]]

 
3. Electrostatic precipitator        a. This option is for boilers and
 control.                             process heaters that operate dry
                                      control systems. Existing sources
                                      must maintain opacity to less than
                                      or equal to 20 percent (6-minute
                                      average) except for one 6-minute
                                      period per hour of not more than
                                      27 percent. New sources must
                                      maintain opacity to less than or
                                      equal to 10 percent opacity (1-
                                      hour block average); or
                                     b. This option is only for boilers
                                      and process heaters that operate
                                      additional wet control systems.
                                      Maintain the minimum voltage and
                                      secondary current or total power
                                      input of the electrostatic
                                      precipitator at or above the
                                      operating limits established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limits for
                                      mercury and/or total selected
                                      metals.
4. Dry scrubber or carbon injection  Maintain the minimum sorbent or
 control.                             carbon injection rate at or above
                                      the operating levels established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limit for
                                      mercury.
5. Any other control type..........  This option is only for boilers and
                                      process heaters that operate dry
                                      control systems. Existing sources
                                      must maintain opacity to less than
                                      or equal to 20 percent (6-minute
                                      average) except for one 6-minute
                                      period per hour of not more than
                                      27 percent. New sources must
                                      maintain opacity to less than or
                                      equal to 10 percent opacity (1-
                                      hour block average).
6. Fuel analysis...................  Maintain the fuel type or fuel
                                      mixture such that the mercury and/
                                      or total selected metals emission
                                      rates calculated according to Sec.
                                        63.7530(d)(4) and/or (5) is less
                                      than the applicable emission
                                      limits for mercury and/or total
                                      selected metals.
------------------------------------------------------------------------



 Sec. Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers 

       and Process Heaters With Hydrogen Chloride Emission Limits

     As stated in Sec.  63.7500, you must comply with the following
                      applicable operating limits:
------------------------------------------------------------------------
 If you demonstrate compliance with
    applicable hydrogen chloride        You must meet these operating
    emission limits using . . .                  limits . . .
------------------------------------------------------------------------
1. Wet scrubber control............  Maintain the minimum scrubber
                                      effluent pH, pressure drop, and
                                      liquid flow-rate at or above the
                                      operating levels established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limit for
                                      hydrogen chloride.
2. Dry scrubber control............  Maintain the minimum sorbent
                                      injection rate at or above the
                                      operating levels established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limit for
                                      hydrogen chloride.
3. Fuel analysis...................  Maintain the fuel type or fuel
                                      mixture such that the hydrogen
                                      chloride emission rate calculated
                                      according to Sec.  63.7530(d)(3)
                                      is less than the applicable
                                      emission limit for hydrogen
                                      chloride.
------------------------------------------------------------------------



     Sec. Table 5 to Subpart DDDDD of Part 63--Performance Testing 

                              Requirements

     As stated in Sec.  63.7520, you must comply with the following
  requirements for performance test for existing, new or reconstructed
                            affected sources:
------------------------------------------------------------------------
  To conduct a performance
   test for the following        You must . . .          Using . . .
       pollutant . . .
------------------------------------------------------------------------
1. Particulate Matter.......  a. Select sampling    Method 1 in appendix
                               ports location and    A to part 60 of
                               the number of         this chapter.
                               traverse points.
                              b. Determine          Method 2, 2F, or 2G
                               velocity and          in appendix A to
                               volumetric flow-      part 60 of this
                               rate of the stack     chapter.
                               gas.
                              c. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASME PTC 19,
                                                     Part 10 (1981)
                                                     (IBR, see Sec.
                                                     63.14(i)).
                              d. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.

[[Page 148]]

 
                              e. Measure the        Method 5 or 17
                               particulate matter    (positive pressure
                               emission              fabric filters must
                               concentration.        use Method 5D) in
                                                     appendix A to part
                                                     60 of this chapter.
                              f. Convert emissions  Method 19 F-factor
                               concentration to lb   methodology in
                               per MMBtu emission    appendix A to part
                               rates.                60 of this chapter.
2. Total selected metals....  a. Select sampling    Method 1 in appendix
                               ports location and    A to part 60 of
                               the number of         this chapter.
                               traverse points.
                              b. Determine          Method 2, 2F, or 2G
                               velocity and          in appendix A to
                               volumetric flow-      part 60 of this
                               rate of the stack     chapter.
                               gas.
                              c. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASME PTC 19,
                                                     Part 10 (1981)
                                                     (IBR, see Sec.
                                                     63.14(i)).
                              d. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              e. Measure the total  Method 29 in
                               selected metals       appendix A to part
                               emission              60 of this chapter.
                               concentration.
                              f. Convert emissions  Method 19 F-factor
                               concentration to lb   methodology in
                               per MMBtu emission    appendix A to part
                               rates.                60 of this chapter.
3. Hydrogen chloride........  a. Select sampling    Method 1 in appendix
                               ports location and    A to part 60 of
                               the number of         this chapter.
                               traverse points.
                              b. Determine          Method 2, 2F, or 2G
                               velocity and          in appendix A to
                               volumetric flow-      part 60 of this
                               rate of the stack     chapter.
                               gas.
                              c. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASME PTC 19,
                                                     Part 10 (1981)
                                                     (IBR, see Sec.
                                                     63.14(i)).
                              d. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              e. Measure the        Method 26 or 26A in
                               hydrogen chloride     appendix A to part
                               emission              60 of this chapter.
                               concentration.
                              f. Convert emissions  Method 19 F-factor
                               concentration to lb   methodology in
                               per MMBtu emission    appendix A to part
                               rates.                60 of this chapter.
4. Mercury..................  a. Select sampling    Method 1 in appendix
                               ports location and    A to part 60 of
                               the number of         this chapter.
                               traverse points.
                              b. Determine          Method 2, 2F, or 2G
                               velocity and          in appendix A to
                               volumetric flow-      part 60 of this
                               rate of the stack     chapter.
                               gas.
                              c. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASME PTC 19,
                                                     Part 10 (1981)
                                                     (IBR, see Sec.
                                                     62.14(i)).
                              d. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              e. Measure the        Method 29 in
                               mercury emission      appendix A to part
                               concentration.        60 of this chapter
                                                     or Method 101A in
                                                     appendix B to part
                                                     61 of this chapter
                                                     or ASTM Method
                                                     D6784-02 (IBR, see
                                                     Sec.  63.14(b)).
                              f. Convert emissions  Method 19 F-factor
                               concentration to lb   methodology in
                               per MMBtu emission    appendix A to part
                               rates.                60 of this chapter.
5. Carbon Monoxide..........  a. Select the         Method 1 in appendix
                               sampling ports        A to part 60 of
                               location and the      this chapter.
                               number of traverse
                               points.
                              b. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASTM D6522-00
                                                     (IBR, see Sec.
                                                     63.14(b)), or ASME
                                                     PTC 19, Part 10
                                                     (1981) (IBR, see
                                                     Sec.  63.14(i)).
                              c. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              d. Measure the        Method 10, 10A, or
                               carbon monoxide       10B in appendix A
                               emission              to part 60 of this
                               concentration.        chapter, or ASTM
                                                     D6522-00 (IBR, see
                                                     Sec.  63.14(b))
                                                     when the fuel is
                                                     natural gas.
------------------------------------------------------------------------


[[Page 149]]



  Sec. Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements

     As stated in Sec.  63.7521, you must comply with the following
       requirements for fuel analysis testing for existing, new or
 reconstructed affected sources. However, equivalent methods may be used
 in lieu of the prescribed methods at the discretion of the source owner
                              or operator:
------------------------------------------------------------------------
  To conduct a fuel  analysis
for the following  pollutant *    You must * * *        Using * * *
              * *
------------------------------------------------------------------------
1. Mercury * * *..............  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D6323-98 (2003) (for
                                                    biomass) (IBR, See
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.24(b)) or ASTM
                                                    E711-87 (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.  63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (1998) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                f. Measure         ASTM D6722-01 (for
                                 mercury            coal) (IBR, see Sec.
                                 concentration in     6314(b)) or SW-846-
                                 fuel sample * *    7471A (for solid
                                 *.                 samples) or SW-846-
                                                    7470A (for liquid
                                                    samples or
                                                    equivalent.
                                g. Convert         .....................
                                 concentration
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content.
2. Total Selected metals * * *  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D6323-98 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.14(b)) or ASTM
                                                    E711-87 (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.  63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (IBR, see Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                f. Measure total   SW-846-6010B or ASTM
                                 selected metals    D6357-04 (for
                                 concentration in   arsenic, beryllium,
                                 fuel sample * *    cadmium, chromium,
                                 *.                 lead, manganese, and
                                                    nickel for all solid
                                                    fuels) and ASTM
                                                    D4606-03 (for
                                                    selenium in coal)
                                                    (IBR, see Sec.
                                                    63.14(b)) or ASTM
                                                    E885-88 (1996) for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                g. Convert         .....................
                                 concentrations
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content.
3. Hydrogen Chloride * * *....  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D6323-98 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.14(b)) or ASTM
                                                    E711-87 (1996) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.  63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (1998) or
                                                    equivalent.
                                f. Measure         SW-846-9250 or ASTM
                                 chlorine           D6721-01 (for coal)
                                 concentration in   or ASTM E776-87
                                 fuel sample * *    (1996) (for biomass)
                                 *.                 (IBR, see Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                g. Convert         .....................
                                 concentrations
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content..
------------------------------------------------------------------------


[ 71 FR 70663, Dec. 6, 2006]

[[Page 150]]

   Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits

                     As stated in Sec.  63.7520, you must comply with the following requirements for establishing operating limits:
--------------------------------------------------------------------------------------------------------------------------------------------------------
 If you have an applicable emission    And your operating limits                                                              According to the following
           limit for . . .                 are based on . . .             You must . . .                Using . . .                  requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Particulate matter, mercury, or    a. Wet scrubber operating    i. Establish a site-         (1) Data from the pressure   (a) You must collect
 total selected metals.                parameters.                  specific minimum pressure    drop and liquid flow rate    pressure drop and liquid
                                                                    drop and minimum flow rate   monitors and the             flow-rate data every 15
                                                                    operating limit according    particulate matter,          minutes during the entire
                                                                    to Sec.  63.7530(c).        mercury, or total selected   period of the performance
                                                                                                 metals performance test.     tests;
                                                                                                                             (b) Determine the average
                                                                                                                              pressure drop and liquid
                                                                                                                              flow-rate for each
                                                                                                                              individual test run in the
                                                                                                                              three-run performance test
                                                                                                                              by computing the average
                                                                                                                              of all the 15-minute
                                                                                                                              readings taken during each
                                                                                                                              test run.
                                      b. Electrostatic             i. Establish a site-         (1) Data from the pressure   (a) You must collect
                                       precipitator operating       specific minimum voltage     drop and liquid flow rate    voltage and secondary
                                       parameters (option only      and secondary current or     monitors and the             current or total power
                                       for units with additional    total power input            particulate matter,          input data every 15
                                       wet scrubber control).       according to Sec.           mercury, or total selected   minutes during the entire
                                                                    63.7530(c).                  metals performance test.     period of the performance
                                                                                                                              tests;
                                                                                                                             (b) Determine the average
                                                                                                                              voltage and secondary
                                                                                                                              current or total power
                                                                                                                              input for each individual
                                                                                                                              test run in the three-run
                                                                                                                              performance test by
                                                                                                                              computing the average of
                                                                                                                              all the 15-minute readings
                                                                                                                              taken during each test
                                                                                                                              run.
2. Hydrogen Chloride................  a. Wet scrubber operating    i. Establish a site-         (1) Data from the pH,        (a) You must collect pH,
                                       parameters.                  specific minimum pressure    pressure drop, and liquid    pressure drop, and liquid
                                                                    drop and minimum flow rate   flow-rate monitors and the   flow-rate data every 15
                                                                    operating limit according    hydrogen chloride            minutes during the entire
                                                                    to Sec.  63.7530(c).        performance test.            period of the performance
                                                                                                                              tests;
                                                                                                                             (b) Determine the average
                                                                                                                              pH, pressure drop, and
                                                                                                                              liquid flow-rate for each
                                                                                                                              individual test run in the
                                                                                                                              three-run performance test
                                                                                                                              by computing the average
                                                                                                                              of all the 15-minute
                                                                                                                              readings taken during each
                                                                                                                              test run.
                                      b. Dry scrubber operating    i. Establish a site-         (1) Data from the sorbent    (a) You must collect
                                       parameters.                  specific minimum sorbent     injection rate monitors      sorbent injection rate
                                                                    injection rate operating     and hydrogen chloride        data every 15 minutes
                                                                    limit according to Sec.     performance test.            during the entire period
                                                                    63.7530(c).                                               of the performance tests;
                                                                                                                             (b) Determine the average
                                                                                                                              sorbent injection rate for
                                                                                                                              each individual test run
                                                                                                                              in the three-run
                                                                                                                              performance test by
                                                                                                                              computing the average of
                                                                                                                              all the 15-minute readings
                                                                                                                              taken during each test
                                                                                                                              run.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 151]]



   Sec. Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous 

                               Compliance

  As stated in Sec.  63.7540, you must show continuous compliance with
     the emission limitations for affected sources according to the
                               following:
------------------------------------------------------------------------
   If you must meet the following
 operating limits or work practice     You must demonstrate continuous
          standards . . .                    compliance by . . .
------------------------------------------------------------------------
1. Opacity.........................  a. Collecting the opacity
                                      monitoring system data according
                                      to Sec. Sec.  63.7525(b) and
                                      63.7535; and
                                     b. Reducing the opacity monitoring
                                      data to 6-minute averages; and
                                     c. Maintaining opacity to less than
                                      or equal to 20 percent (6-minute
                                      average) except for one 6-minute
                                      period per hour of not more than
                                      27 percent for existing sources;
                                      or maintaining opacity to less
                                      than or equal to 10 percent (1-
                                      hour block average) for new
                                      sources.
2. Fabric Filter Bag Leak Detection  Installing and operating a bag leak
 Operation.                           detection system according to Sec.
                                        63.7525 and operating the fabric
                                      filter such that the requirements
                                      in Sec.  63.7540(a)(9) are met.
3. Wet Scrubber Pressure Drop and    a. Collecting the pressure drop and
 Liquid Flow-rate.                    liquid flow rate monitoring system
                                      data according to Sec. Sec.
                                      63.7525 and 63.7535; and
                                     b. Reducing the data to 3-hour
                                      block averages; and
                                     c. Maintaining the 3-hour average
                                      pressure drop and liquid flow-rate
                                      at or above the operating limits
                                      established during the performance
                                      test according to Sec.
                                      63.7530(c).
4. Wet Scrubber pH.................  a. Collecting the pH monitoring
                                      system data according to Sec.
                                      Sec.  63.7525 and 63.7535; and
                                     b. Reducing the data to 3-hour
                                      block averages; and
                                     c. Maintaining the 3-hour average
                                      pH at or above the operating limit
                                      established during the performance
                                      test according to Sec.
                                      63.7530(c).
5. Dry Scrubber Sorbent or Carbon    a. Collecting the sorbent or carbon
 Injection Rate.                      injection rate monitoring system
                                      data for the dry scrubber
                                      according to Sec. Sec.  63.7525
                                      and 63.7535; and
                                     b. Reducing the data to 3-hour
                                      block averages; and
                                     c. Maintaining the 3-hour average
                                      sorbent or carbon injection rate
                                      at or above the operating limit
                                      established during the performance
                                      test according to Sec. Sec.
                                      63.7530(c).
6. Electrostatic Precipitator        a. Collecting the secondary current
 Secondary Current and Voltage or     and voltage or total power input
 Total Power Input.                   monitoring system data for the
                                      electrostatic precipitator
                                      according to Sec. Sec.  63.7525
                                      and 63.7535; and
                                     b. Reducing the data to 3-hour
                                      block averages; and
                                     c. Maintaining the 3-hour average
                                      secondary current and voltage or
                                      total power input at or above the
                                      operating limits established
                                      during the performance test
                                      according to Sec. Sec.
                                      63.7530(c).
7. Fuel Pollutant Content..........  a. Only burning the fuel types and
                                      fuel mixtures used to demonstrate
                                      compliance with the applicable
                                      emission limit according to Sec.
                                      63.7530(c) or (d) as applicable;
                                      and
                                     b. Keeping monthly records of fuel
                                      use according to Sec.
                                      63.7540(a).
------------------------------------------------------------------------



    Sec. Table 9 to Subpart DDDDD of Part 63--Reporting Requirements

     As stated in Sec.  63.7550, you must comply with the following
                        requirements for reports:
------------------------------------------------------------------------
                                 The report must     You must submit the
    You must submit a(n)          contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report........  a. Information        Semiannually
                               required in Sec.     according to the
                               63.7550(c)(1)         requirements in
                               through (11); and     Sec.  63.7550(b).

[[Page 152]]

 
                              b. If there are no
                               deviations from any
                               emission limitation
                               (emission limit and
                               operating limit)
                               that applies to you
                               and there are no
                               deviations from the
                               requirements for
                               work practice
                               standards in Table
                               8 to this subpart
                               that apply to you,
                               a statement that
                               there were no
                               deviations from the
                               emission
                               limitations and
                               work practice
                               standards during
                               the reporting
                               period. If there
                               were no periods
                               during which the
                               CMSs, including
                               continuous
                               emissions
                               monitoring system,
                               continuous opacity
                               monitoring system,
                               and operating
                               parameter
                               monitoring systems,
                               were out-of-control
                               as specified in
                               Sec.  63.8(c)(7),
                               a statement that
                               there were no
                               periods during
                               which the CMSs were
                               out-of-control
                               during the
                               reporting period;
                               and
                              c. If you have a
                               deviation from any
                               emission limitation
                               (emission limit and
                               operating limit) or
                               work practice
                               standard during the
                               reporting period,
                               the report must
                               contain the
                               information in Sec.
                                 63.7550(d). If
                               there were periods
                               during which the
                               CMSs, including
                               continuous
                               emissions
                               monitoring system,
                               continuous opacity
                               monitoring system,
                               and operating
                               parameter
                               monitoring systems,
                               were out-of-
                               control, as
                               specified in Sec.
                               63.8(c)(7), the
                               report must contain
                               the information in
                               Sec.  63.7550(e);
                               and
                              d. If you had a
                               startup, shutdown,
                               or malfunction
                               during the
                               reporting period
                               and you took
                               actions consistent
                               with your startup,
                               shutdown, and
                               malfunction plan,
                               the compliance
                               report must include
                               the information in
                               Sec.
                               63.10(d)(5)(i)
2. An immediate startup,      a. Actions taken for  i. By fax or
 shutdown, and malfunction     the event; and        telephone within 2
 report if you had a                                 working days after
 startup, shutdown, or                               starting actions
 malfunction during the                              inconsistent with
 reporting period that is                            the plan; and
 not consistent with your
 startup, shutdown, and
 malfunction plan, and the
 source exceeds any
 applicable emission
 limitation in the relevant
 emission standard.
                              b. The information    ii. By letter within
                               in Sec.              7 working days
                               63.10(d)(5)(ii)       after the end of
                                                     the event unless
                                                     you have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority.
------------------------------------------------------------------------


[[Page 153]]

     Table 10 to Subpart DDDDD of Part 63--Applicability of General 
                       Provisions to Subpart DDDDD

 As stated in Sec.  63.7565, you must comply with the applicable General Provisions according to the following:
----------------------------------------------------------------------------------------------------------------
              Citation                         Subject                Brief description           Applicable
----------------------------------------------------------------------------------------------------------------
Sec.  63.1........................  Applicability.............  Initial Applicability       Yes.
                                                                  Determination;
                                                                  Applicability After
                                                                  Standard Established;
                                                                  Permit Requirements;
                                                                  Extensions, Notifications.
Sec.  63.2........................  Definitions...............  Definitions for part 63     Yes.
                                                                  standards.
Sec.  63.3........................  Units and Abbreviations...  Units and abbreviations     Yes.
                                                                  for part 63 standards.
Sec.  63.4........................  Prohibited Activities.....  Prohibited Activities;      Yes.
                                                                  Compliance date;
                                                                  Circumvention,
                                                                  Severability.
Sec.  63.5........................  Construction/               Applicability;              Yes.
                                      Reconstruction.             applications; approvals.
Sec.  63.6(a).....................  Applicability.............  GP apply unless compliance  Yes.
                                                                  extension; and GP apply
                                                                  to area sources that
                                                                  become major.
Sec.  63.6(b)(1)-(4)..............  Compliance Dates for New    Standards apply at          Yes.
                                      and Reconstructed sources.  effective date; 3 years
                                                                  after effective date;
                                                                  upon startup; 10 years
                                                                  after construction or
                                                                  reconstruction commences
                                                                  for 112(f).
Sec.  63.6(b)(5)..................  Notification..............  Must notify if commenced    Yes.
                                                                  construction or
                                                                  reconstruction after
                                                                  proposal.
Sec.  63.6(b)(6)..................  [Reserved]
Sec.  63.6(b)(7)..................  Compliance Dates for New    Area sources that become    Yes.
                                      and Reconstructed Area      major must comply with
                                      Sources That Become Major.  major source standards
                                                                  immediately upon becoming
                                                                  major, regardless of
                                                                  whether required to
                                                                  comply when they were an
                                                                  area source.
Sec.  63.6(c)(1)-(2)..............  Compliance Dates for        Comply according to date    Yes.
                                      Existing Sources.           in subpart, which must be
                                                                  no later than 3 years
                                                                  after effective date; and
                                                                  for 112(f) standards,
                                                                  comply within 90 days of
                                                                  effective date unless
                                                                  compliance extension.
Sec.  63.6(c)(3)-(4)..............  [Reserved]
Sec.  63.6(c)(5)..................  Compliance Dates for        Area sources that become    Yes.
                                      Existing Area Sources       major must comply with
                                      That Become Major.          major source standards by
                                                                  date indicated in subpart
                                                                  or by equivalent time
                                                                  period (for example, 3
                                                                  years).
Sec.  63.6(d).....................  [Reserved]
Sec.  63.6(e)(1)-(2)..............  Operation & Maintenance...  Operate to minimize         Yes.
                                                                  emissions at all times;
                                                                  and Correct malfunctions
                                                                  as soon as practicable;
                                                                  and Operation and
                                                                  maintenance requirements
                                                                  independently
                                                                  enforceable; information
                                                                  Administrator will use to
                                                                  determine if operation
                                                                  and maintenance
                                                                  requirements were met.
Sec.  63.6(e)(3)..................  Startup, Shutdown, and      Requirement for SSM and     Yes.
                                      Malfunction Plan (SSMP).    startup, shutdown,
                                                                  malfunction plan; and
                                                                  content of SSMP.
Sec.  63.6(f)(1)..................  Compliance Except During    Comply with emission        Yes.
                                      SSM.                        standards at all times
                                                                  except during SSM.
Sec.  63.6(f)(2)-(3)..............  Methods for Determining     Compliance based on         Yes.
                                      Compliance.                 performance test,
                                                                  operation and maintenance
                                                                  plans, records,
                                                                  inspection.
Sec.  63.6(g)(1)-(3)..............  Alternative Standard......  Procedures for getting an   Yes.
                                                                  alternative standard.
Sec.  63.6(h)(1)..................  Compliance with Opacity/VE  Comply with opacity/VE      Yes.
                                      Standards.                  emission limitations at
                                                                  all times except during
                                                                  SSM.

[[Page 154]]

 
Sec.  63.6(h)(2)(i)...............  Determining Compliance      If standard does not state  No.
                                      with Opacity/Visible        test method, use Method 9
                                      Emission (VE) Standards.    for opacity and Method 22
                                                                  for VE.
Sec.  63.6(h)(2)(ii)..............  [Reserved]
Sec.  63.6(h)(2)(iii).............  Using Previous Tests to     Criteria for when previous  Yes.
                                      Demonstrate Compliance      opacity/VE testing can be
                                      with Opacity/VE Standards   used to show compliance
                                                                  with this subpart.
Sec.  63.6(h)(3)..................  [Reserved]
Sec.  63.6(h)(4)..................  Notification of Opacity/VE  Notify Administrator of     No.
                                      Observation Date.           anticipated date of
                                                                  observation.
Sec.  63.6(h)(5)(i),(iii)-(v).....  Conducting Opacity/VE       Dates and Schedule for      No.
                                      Observations.               conducting opacity/VE
                                                                  observations.
Sec.  63.6(h)(5)(ii)..............  Opacity Test Duration and   Must have at least 3 hours  No.
                                      Averaging Times.            of observation with
                                                                  thirty, 6-minute averages.
Sec.  63.6(h)(6)..................  Records of Conditions       Keep records available and  No.
                                      During Opacity/VE           allow Administrator to
                                      observations.               inspect.
Sec.  63.6(h)(7)(i)...............  Report continuous opacity   Submit continuous opacity   Yes.
                                      monitoring system           monitoring system data
                                      Monitoring Data from        with other performance
                                      Performance Test.           test data.
Sec.  63.6(h)(7)(ii)..............  Using continuous opacity    Can submit continuous       No.
                                      monitoring system instead   opacity monitoring system
                                      of Method 9.                data instead of Method 9
                                                                  results even if subpart
                                                                  requires Method 9, but
                                                                  must notify Administrator
                                                                  before performance test.
Sec.  63.6(h)(7)(iii).............  Averaging time for          To determine compliance,    Yes.
                                      continuous opacity          must reduce continuous
                                      monitoring system during    opacity monitoring system
                                      performance test.           data to 6-minute averages.
Sec.  63.6(h)(7)(iv)..............  Continuous opacity          Demonstrate that            Yes.
                                      monitoring system           continuous opacity
                                      requirements.               monitoring system
                                                                  performance evaluations
                                                                  are conducted according
                                                                  to Sec. Sec.  63.8(e),
                                                                  continuous opacity
                                                                  monitoring systems are
                                                                  properly maintained and
                                                                  operated according to
                                                                  Sec.  63.8(c) and data
                                                                  quality as Sec.  63.8(d).
Sec.  63.6(h)(7)(v)...............  Determining Compliance      Continuous opacity          Yes.
                                      with Opacity/VE Standards.  monitoring system is
                                                                  probative but not
                                                                  conclusive evidence of
                                                                  compliance with opacity
                                                                  standard, even if Method
                                                                  9 observation shows
                                                                  otherwise. Requirements
                                                                  for continuous opacity
                                                                  monitoring system to be
                                                                  probative evidence-proper
                                                                  maintenance, meeting PS
                                                                  1, and data have not been
                                                                  altered.
Sec.  63.6(h)(8)..................  Determining Compliance      Administrator will use all  Yes.
                                      with Opacity/VE Standards.  continuous opacity
                                                                  monitoring system, Method
                                                                  9, and Method 22 results,
                                                                  as well as information
                                                                  about operation and
                                                                  maintenance to determine
                                                                  compliance.
Sec.  63.6(h)(9)..................  Adjusted Opacity Standard.  Procedures for              Yes.
                                                                  Administrator to adjust
                                                                  an opacity standard.
Sec.  63.6(i)(1)-(14).............  Compliance Extension......  Procedures and criteria     Yes.
                                                                  for Administrator to
                                                                  grant compliance
                                                                  extension.
Sec.  63.6(j).....................  Presidential Compliance     President may exempt        Yes.
                                      Exemption.                  source category from
                                                                  requirement to comply
                                                                  with rule.
Sec.  63.7(a)(1)..................  Performance Test Dates....  Dates for Conducting        Yes.
                                                                  Initial Performance
                                                                  Testing and Other
                                                                  Compliance Demonstrations.

[[Page 155]]

 
Sec.  63.7(a)(2)..................  Performance Test Dates....  New source with initial     Yes.
                                                                  startup date before
                                                                  effective date has 180
                                                                  days after effective date
                                                                  to demonstrate compliance
Sec.  63.7(a)(2)(ii-viii).........  [Reserved]
Sec.  63.7(a)(2)(ix)..............  Performance Test Dates....  1. New source that          Yes.
                                                                  commenced construction
                                                                  between proposal and
                                                                  promulgation dates, when
                                                                  promulgated standard is
                                                                  more stringent than
                                                                  proposed standard, has
                                                                  180 days after effective
                                                                  date or 180 days after
                                                                  startup of source,
                                                                  whichever is later, to
                                                                  demonstrate compliance;
                                                                  and.
                                                                 2. If source initially      No.
                                                                  demonstrates compliance
                                                                  with less stringent
                                                                  proposed standard, it has
                                                                  3 years and 180 days
                                                                  after the effective date
                                                                  of the standard or 180
                                                                  days after startup of
                                                                  source, whichever is
                                                                  later, to demonstrate
                                                                  compliance with
                                                                  promulgated standard.
Sec.  63.7(a)(3)..................  Section 114 Authority.....  Administrator may require   Yes.
                                                                  a performance test under
                                                                  CAA Section 114 at any
                                                                  time.
Sec.  63.7(b)(1)..................  Notification of             Must notify Administrator   No.
                                      Performance Test.           60 days before the test.
Sec.  63.7(b)(2)..................  Notification of             If rescheduling a           Yes.
                                      Rescheduling.               performance test is
                                                                  necessary, must notify
                                                                  Administrator 5 days
                                                                  before scheduled date of
                                                                  rescheduled date.
Sec.  63.7(c).....................  Quality Assurance/Test      Requirement to submit site- Yes.
                                      Plan.                       specific test plan 60
                                                                  days before the test or
                                                                  on date Administrator
                                                                  agrees with: test plan
                                                                  approval procedures; and
                                                                  performance audit
                                                                  requirements; and
                                                                  internal and external QA
                                                                  procedures for testing.
Sec.  63.7(d).....................  Testing Facilities........  Requirements for testing    Yes.
                                                                  facilities.
Sec.  63.7(e)(1)..................  Conditions for Conducting   1. Performance tests must   No.
                                      Performance Tests.          be conducted under
                                                                  representative
                                                                  conditions; and
                                                                 2. Cannot conduct           Yes.
                                                                  performance tests during
                                                                  SSM; and
                                                                 3. Not a deviation to       Yes.
                                                                  exceed standard during
                                                                  SSM; and
                                                                 4. Upon request of          Yes.
                                                                  Administrator, make
                                                                  available records
                                                                  necessary to determine
                                                                  conditions of performance
                                                                  tests.
Sec.  63.7(e)(2)..................  Conditions for Conducting   Must conduct according to   Yes.
                                      Performance Tests.          rule and EPA test methods
                                                                  unless Administrator
                                                                  approves alternative.
Sec.  63.7(e)(3)..................  Test Run Duration.........  Must have three separate    Yes.
                                                                  test runs; and Compliance
                                                                  is based on arithmetic
                                                                  mean of three runs; and
                                                                  conditions when data from
                                                                  an additional test run
                                                                  can be used.
Sec.  63.7(e)(4)..................  Interaction with other      Nothing in Sec.            Yes.
                                      sections of the Act.        63.7(e)(1) through (4)
                                                                  can abrogate the
                                                                  Administrator's authority
                                                                  to require testing under
                                                                  Section 114 of the Act.
Sec.  63.7(f).....................  Alternative Test Method...  Procedures by which         Yes.
                                                                  Administrator can grant
                                                                  approval to use an
                                                                  alternative test method.
Sec.  63.7(g).....................  Performance Test Data       Must include raw data in    Yes.
                                      Analysis.                   performance test report;
                                                                  and must submit
                                                                  performance test data 60
                                                                  days after end of test
                                                                  with the Notification of
                                                                  Compliance Status; and
                                                                  keep data for 5 years.

[[Page 156]]

 
Sec.  63.7(h).....................  Waiver of Tests...........  Procedures for              Yes.
                                                                  Administrator to waive
                                                                  performance test.
Sec.  63.8(a)(1)..................  Applicability of            Subject to all monitoring   Yes.
                                      Monitoring Requirements.    requirements in standard.
Sec.  63.8(a)(2)..................  Performance Specifications  Performance Specifications  Yes.
                                                                  in appendix B of part 60
                                                                  apply.
Sec.  63.8(a)(3)..................  [Reserved]
Sec.  63.8(a)(4)..................  Monitoring with Flares....  Unless your rule says       No.
                                                                  otherwise, the
                                                                  requirements for flares
                                                                  in Sec.  63.11 apply.
Sec.  63.8(b)(1)(i)-(ii)..........  Monitoring................  Must conduct monitoring     Yes.
                                                                  according to standard
                                                                  unless Administrator
                                                                  approves alternative.
Sec.  63.8(b)(1)(iii).............  Monitoring................  Flares not subject to this  No.
                                                                  section unless otherwise
                                                                  specified in relevant
                                                                  standard.
Sec.  63.8(b)(2)-(3)..............  Multiple Effluents and      Specific requirements for   Yes.
                                      Multiple Monitoring         installing monitoring
                                      Systems.                    systems; and must install
                                                                  on each effluent before
                                                                  it is combined and before
                                                                  it is released to the
                                                                  atmosphere unless
                                                                  Administrator approves
                                                                  otherwise; and if more
                                                                  than one monitoring
                                                                  system on an emission
                                                                  point, must report all
                                                                  monitoring system
                                                                  results, unless one
                                                                  monitoring system is a
                                                                  backup.
Sec.  63.8(c)(1)..................  Monitoring System           Maintain monitoring system  Yes.
                                      Operation and Maintenance.  in a manner consistent
                                                                  with good air pollution
                                                                  control practices.
Sec.  63.8(c)(1)(i)...............  Routine and Predictable     Maintain and operate CMS    Yes.
                                      SSM.                        according to Sec.
                                                                  63.6(e)(1).
Sec.  63.8(c)(1)(ii)..............  SSM not in SSMP...........  Must keep necessary parts   Yes.
                                                                  available for routine
                                                                  repairs of CMSs.
Sec.  63.8(c)(1)(iii).............  Compliance with Operation   Must develop an SSMP for    Yes.
                                      and Maintenance.            CMS.
Sec.  63.8(c)(2)-(3)..............  Monitoring System           Must install to get         Yes.
                                      Installation.               representative emission
                                                                  and parameter
                                                                  measurements; and must
                                                                  verify operational status
                                                                  before or at performance
                                                                  test.
Sec.  63.8(c)(4)..................  Continuous Monitoring       CMSs must be operating      No.
                                      System (CMS) Requirements.  except during breakdown,
                                                                  out-of-control, repair,
                                                                  maintenance, and high-
                                                                  level calibration drifts.
Sec.  63.8(c)(4)(i)...............  Continuous Monitoring       Continuous opacity          Yes.
                                      System (CMS) Requirements.  monitoring system must
                                                                  have a minimum of one
                                                                  cycle of sampling and
                                                                  analysis for each
                                                                  successive 10-second
                                                                  period and one cycle of
                                                                  data recording for each
                                                                  successive 6-minute
                                                                  period.
Sec.  63.8(c)(4)(ii)..............  Continuous Monitoring       Continuous emissions        No.
                                      System (CMS) Requirements.  monitoring system must
                                                                  have a minimum of one
                                                                  cycle of operation for
                                                                  each successive 15-minute
                                                                  period.
Sec.  63.8(c)(5)..................  Continuous Opacity          Must do daily zero and      Yes.
                                      Monitoring system (COMS)    high level calibrations.
                                      Requirements.
Sec.  63.8(c)(6)..................  Continuous Monitoring       Must do daily zero and      No.
                                      System (CMS) Requirements.  high level calibrations.
Sec.  63.8(c)(7)-(8)..............  Continuous Monitoring       Out-of-control periods,     Yes.
                                      Systems Requirements.       including reporting.

[[Page 157]]

 
Sec.  63.8(d).....................  Continuous Monitoring       Requirements for            Yes.
                                      Systems Quality Control.    continuous monitoring
                                                                  systems quality control,
                                                                  including calibration,
                                                                  etc.; and must keep
                                                                  quality control plan on
                                                                  record for the life of
                                                                  the affected source. Keep
                                                                  old versions for 5 years
                                                                  after revisions.
Sec.  63.8(e).....................  Continuous monitoring       Notification, performance   Yes.
                                      systems Performance         evaluation test plan,
                                      Evaluation.                 reports.
Sec.  63.8(f)(1)-(5)..............  Alternative Monitoring      Procedures for              Yes.
                                      Method.                     Administrator to approve
                                                                  alternative monitoring.
Sec.  63.8(f)(6)..................  Alternative to Relative     Procedures for              No.
                                      Accuracy Test.              Administrator to approve
                                                                  alternative relative
                                                                  accuracy tests for
                                                                  continuous emissions
                                                                  monitoring system.
Sec.  63.8(g)(1)-(4)..............  Data Reduction............  Continuous opacity          Yes.
                                                                  monitoring system 6-
                                                                  minute averages
                                                                  calculated over at least
                                                                  36 evenly spaced data
                                                                  points; and continuous
                                                                  emissions monitoring
                                                                  system 1-hour averages
                                                                  computed over at least 4
                                                                  equally spaced data
                                                                  points.
Sec.  63.8(g)(5)..................  Data Reduction............  Data that cannot be used    No.
                                                                  in computing averages for
                                                                  continuous emissions
                                                                  monitoring system and
                                                                  continuous opacity
                                                                  monitoring system.
Sec.  63.9(a).....................  Notification Requirements.  Applicability and State     Yes.
                                                                  Delegation.
Sec.  63.9(b)(1)-(5)..............  Initial Notifications.....  Submit notification 120     Yes.
                                                                  days after effective
                                                                  date; and Notification of
                                                                  intent to construct/
                                                                  reconstruct; and
                                                                  Notification of
                                                                  commencement of construct/
                                                                  reconstruct; Notification
                                                                  of startup; and Contents
                                                                  of each.
Sec.  63.9(c).....................  Request for Compliance      Can request if cannot       Yes.
                                      Extension.                  comply by date or if
                                                                  installed BACT/LAER.
Sec.  63.9(d).....................  Notification of Special     For sources that commence   Yes.
                                      Compliance Requirements     construction between
                                      for New Source.             proposal and promulgation
                                                                  and want to comply 3
                                                                  years after effective
                                                                  date.
Sec.  63.9(e).....................  Notification of             Notify Administrator 60     No.
                                      Performance Test.           days prior.
Sec.  63.9(f).....................  Notification of VE/Opacity  Notify Administrator 30     No.
                                      Test.                       days prior.
Sec.  63.9(g).....................  Additional Notifications    Notification of             Yes.
                                      When Using Continuous       performance evaluation;
                                      Monitoring Systems.         and notification using
                                                                  continuous opacity
                                                                  monitoring system data;
                                                                  and notification that
                                                                  exceeded criterion for
                                                                  relative accuracy.
Sec.  63.9(h)(1)-(6)..............  Notification of Compliance  Contents; and due 60 days   Yes.
                                      Status.                     after end of performance
                                                                  test or other compliance
                                                                  demonstration, and when
                                                                  to submit to Federal vs.
                                                                  State authority.
Sec.  63.9(i).....................  Adjustment of Submittal     Procedures for              Yes.
                                      Deadlines.                  Administrator to approve
                                                                  change in when
                                                                  notifications must be
                                                                  submitted.
Sec.  63.9(j).....................  Change in Previous          Must submit within 15 days  Yes.
                                      Information.                after the change.
Sec.  63.10(a)....................  Recordkeeping/Reporting...  Applies to all, unless      Yes.
                                                                  compliance extension; and
                                                                  when to submit to Federal
                                                                  vs. State authority; and
                                                                  procedures for owners of
                                                                  more than 1 source.
Sec.  63.10(b)(1).................  Recordkeeping/Reporting...  General Requirements; and   Yes.
                                                                  keep all records readily
                                                                  available and keep for 5
                                                                  years.

[[Page 158]]

 
Sec.  63.10(b)(2)(i)-(v)..........  Records related to          Occurrence of each of       Yes.
                                      Startup, Shutdown, and      operation (process,
                                      Malfunction.                equipment); and
                                                                  occurrence of each
                                                                  malfunction of air
                                                                  pollution equipment; and
                                                                  maintenance of air
                                                                  pollution control
                                                                  equipment; and actions
                                                                  during startup, shutdown,
                                                                  and malfunction.
Sec.  63.10(b)(2)(vi) and (x-xi)..  Continuous monitoring       Malfunctions, inoperative,  Yes.
                                      systems Records.            out-of-control; and
                                                                  calibration checks; and
                                                                  adjustments, maintenance.
Sec.  63.10(b)(2)(vii)-(ix).......  Records...................  Measurements to             Yes.
                                                                  demonstrate compliance
                                                                  with emission
                                                                  limitations; and
                                                                  performance test,
                                                                  performance evaluation,
                                                                  and visible emission
                                                                  observation results; and
                                                                  measurements to determine
                                                                  conditions of performance
                                                                  tests and performance
                                                                  evaluations.
Sec.  63.10(b)(2)(xii)............  Records...................  Records when under waiver.  Yes.
Sec.  63.10(b)(2)(xiii)...........  Records...................  Records when using          No.
                                                                  alternative to relative
                                                                  accuracy test.
Sec.  63.10(b)(2)(xiv)............  Records...................  All documentation           Yes.
                                                                  supporting Initial
                                                                  Notification and
                                                                  Notification of
                                                                  Compliance Status.
Sec.  63.10(b)(3).................  Records...................  Applicability               Yes.
                                                                  Determinations.
Sec.  63.10(c)(1),(5)-(8),(10)-     Records...................  Additional Records for      Yes.
 (15).                                                            continuous monitoring
                                                                  systems.
Sec.  63.10(c)(7)-(8).............  Records...................  Records of excess           No.
                                                                  emissions and parameter
                                                                  monitoring exceedances
                                                                  for continuous monitoring
                                                                  systems.
Sec.  63.10(d)(1).................  General Reporting           Requirement to report.....  Yes.
                                      Requirements.
Sec.  63.10(d)(2).................  Report of Performance Test  When to submit to Federal   Yes.
                                      Results.                    or State authority.
Sec.  63.10(d)(3).................  Reporting Opacity or VE     What to report and when...  Yes.
                                      Observations.
Sec.  63.10(d)(4).................  Progress Reports..........  Must submit progress        Yes.
                                                                  reports on schedule if
                                                                  under compliance
                                                                  extension.
Sec.  63.10(d)(5).................  Startup, Shutdown, and      Contents and submission...  Yes.
                                      Malfunction Reports.
Sec.  63.10(e)(1)(2)..............  Additional continuous       Must report results for     Yes.
                                      monitoring systems          each CEM on a unit; and
                                      Reports.                    written copy of
                                                                  performance evaluation;
                                                                  and 3 copies of
                                                                  continuous opacity
                                                                  monitoring system
                                                                  performance evaluation.
Sec.  63.10(e)(3).................  Reports...................  Excess Emission Reports...  No.
Sec.  63.10(e)(3)(i-iii)..........  Reports...................  Schedule for reporting      No.
                                                                  excess emissions and
                                                                  parameter monitor
                                                                  exceedance (now defined
                                                                  as deviations).
Sec.  63.10(e)(3)(iv-v)...........  Excess Emissions Reports..  Requirement to revert to    No.
                                                                  quarterly submission if
                                                                  there is an excess
                                                                  emissions and parameter
                                                                  monitor exceedance (now
                                                                  defined as deviations);
                                                                  and provision to request
                                                                  semiannual reporting
                                                                  after compliance for one
                                                                  year; and submit report
                                                                  by 30th day following end
                                                                  of quarter or calendar
                                                                  half; and if there has
                                                                  not been an exceedance or
                                                                  excess emission (now
                                                                  defined as deviations),
                                                                  report contents is a
                                                                  statement that there have
                                                                  been no deviations.

[[Page 159]]

 
Sec.  63.10(e)(3)(iv-v)...........  Excess Emissions Reports..  Must submit report          No.
                                                                  containing all of the
                                                                  information in Sec.
                                                                  63.10(c)(5-13), Sec.
                                                                  63.8(c)(7-8).
Sec.  63.10(e)(3)(vi-viii)........  Excess Emissions Report     Requirements for reporting  No.
                                      and Summary Report.         excess emissions for
                                                                  continuous monitoring
                                                                  systems (now called
                                                                  deviations); Requires all
                                                                  of the information in
                                                                  Sec.  63.10(c)(5-13),
                                                                  Sec.  63.8(c)(7-8).
Sec.  63.10(e)(4).................  Reporting continuous        Must submit continuous      Yes.
                                      opacity monitoring system   opacity monitoring system
                                      data.                       data with performance
                                                                  test data.
Sec.  63.10(f)....................  Waiver for Recordkeeping/   Procedures for              Yes.
                                      Reporting.                  Administrator to waive.
Sec.  63.11.......................  Flares....................  Requirements for flares...  No.
Sec.  63.12.......................  Delegation................  State authority to enforce  Yes.
                                                                  standards.
Sec.  63.13.......................  Addresses.................  Addresses where reports,    Yes.
                                                                  notifications, and
                                                                  requests are sent.
Sec.  63.14.......................  Incorporation by Reference  Test methods incorporated   Yes.
                                                                  by reference.
Sec.  63.15.......................  Availability of             Public and confidential     Yes.
                                      Information.                Information.
----------------------------------------------------------------------------------------------------------------


[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 20468, Apr. 20, 2006]

[[Page 160]]



 Sec. Appendix A to Subpart DDDDD of Part 63--Methodology and Criteria 

     for Demonstrating Eligibility for the Health-Based Compliance 

                              Alternatives

                         1. Purpose/Introduction

    This appendix provides the methodology and criteria for 
demonstrating that your affected source is eligible for the compliance 
alternative for the HCl emission limit and/or the total selected metals 
(TSM) emission limit. This appendix specifies emissions testing methods 
that you must use to determine HCl, chlorine, and manganese emissions 
from the affected units and what parts of the affected source facility 
must be included in the eligibility demonstration. You must demonstrate 
that your affected source is eligible for the health-based compliance 
alternatives using either a look-up table analysis (based on the look-up 
tables included in this appendix) or a site-specific compliance 
demonstration performed according to the criteria specified in this 
appendix. This appendix also specifies how and when you file any 
eligibility demonstrations for your affected source and how to show that 
your affected source remains eligible for the health-based compliance 
alternatives in the future.

2. Who Is Eligible To Demonstrate That They Qualify for the Health-Based 
                        Compliance Alternatives?

    Each new, reconstructed, or existing affected source may demonstrate 
that they are eligible for the health-based compliance alternatives. 
Section 63.7490 of subpart DDDDD defines the affected source and 
explains which affected sources are new, existing, or reconstructed.

  3. What Parts of My Facility Have To Be Included in the Health-Based 
                       Eligibility Demonstration?

    If you are attempting to determine your eligibility for the 
compliance alternative for HCl, you must include every emission point 
subject to subpart DDDDD that emits either HCl or Cl2 in the 
eligibility demonstration.
    If you are attempting to determine your eligibility for the 
compliance alternative for TSM, you must include every emission point 
subject to subpart DDDDD that emits manganese in the eligibility 
demonstration.

      4. How Do I Determine HAP Emissions From My Affected Source?

    (a) You must conduct HAP emissions tests or fuel analysis for every 
emission point covered under subpart DDDDD within the affected source 
facility according to the requirements in paragraphs (b) through (f) of 
this section and the methods specified in Table 1 of this appendix.
    (1) If you are attempting to determine your eligibility for the 
compliance alternative for HCl, you must test the subpart DDDDD units at 
your facility for both HCl and Cl2. When conducting fuel 
analysis, you must assume any chlorine detected will be emitted as 
Cl2.
    (2) If you are attempting to determine your eligibility for the 
compliance alternative for TSM, you must test the subpart DDDDD units at 
your facility for manganese.
    (b) Periods when emissions tests must be conducted. (1) You must not 
conduct emissions tests during periods of startup, shutdown, or 
malfunction, as specified in Sec. 63.7(e)(1).
    (2) You must test under worst-case operating conditions as defined 
in this appendix. You must describe your worst-case operating conditions 
in your performance test report for the process and control systems (if 
applicable) and explain why the conditions are worst-case.
    (c) Number of test runs. You must conduct three separate test runs 
for each test required in this section, as specified in Sec. 
63.7(e)(3). Each test run must last at least 1 hour.
    (d) Sampling locations. Sampling sites must be located at the outlet 
of the control device and prior to any releases to the atmosphere.
    (e) Collection of monitoring data for HAP control devices. During 
the emissions test, you must collect operating parameter monitoring 
system data at least every 15 minutes during the entire emissions test 
and establish the site-specific operating requirements in Tables 3 or 4, 
as appropriate, of subpart DDDDD using data from the monitoring system 
and the procedures specified in Sec. 63.7530 of subpart DDDDD.
    (f) Nondetect data. You may treat emissions of an individual HAP as 
zero if all of the test runs result in a nondetect measurement and the 
condition in paragraph (f)(1) of this section is met for the manganese 
test method. Otherwise, nondetect data for individual HAP must be 
treated as one-half of the method detection limit.
    (1) For manganese measured using Method 29 in appendix A to 40 CFR 
part 60, you analyze samples using atomic absorption spectroscopy (AAS).
    (g) You must determine the maximum hourly emission rate for each 
appropriate emission point according to Equation 1 of this appendix. An 
appropriate emission point is any emission point emitting HCl, 
Cl2, or Manganese from a subpart DDDDD emission unit.

[[Page 161]]

[GRAPHIC] [TIFF OMITTED] TR28DE05.000

Where:

Ei,s = maximum hourly emission rate for HAP i at each 
emission point s associated with a subpart DDDDD emission unit j, lbs/hr
i = applicable HAP, where i = (HCl, Cl2, or Manganese) s = 
individual emission point
j = each subpart DDDDD emission unit associated with an emission point, 
s
t = total number of subpart DDDDD emission units associated with an 
emission point s
Ri,j = emission rate (the 3-run average as determined 
according to table 1 of this appendix or the pollutant concentration in 
the fuel samples analyzed according to Sec. 63.7521) for HAP i at 
subpart DDDDD emission unit j associated with emission point s, lb per 
million Btu.
Ij = Maximum rated heat input capacity of each subpart DDDDD 
unit j emitting HAP i associated with emission point s, million Btu per 
hour.

5. What Are the Criteria for Determining If My Facility Is Eligible for 
                the Health-Based Compliance Alternatives?

    (a) Determine the HAP emissions from each appropriate emission point 
within the affected source facility using the procedures specified in 
section 4 of this appendix.
    (b) Demonstrate that your facility is eligible for either of the 
health-based compliance alternatives using either the methods described 
in section 6 of this appendix (look-up table analysis) or section 7 of 
this appendix (site-specific compliance demonstration).
    (c) Your facility is eligible for the health-based compliance 
alternative for HCl if one of the following two statements is true:
    (1) The calculated HCl-equivalent emission rate is below the 
appropriate value in the look-up table;
    (2) Your site-specific compliance demonstration indicates that none 
of your HI values for HCl and CL2 are greater than 1.0 at 
locations where people live or congregate (e.g., schools, daycare 
centers, etc.);
    (d) Your facility is eligible for the health-based compliance 
alternative for TSM if one of the following two statements is true:
    (1) The manganese emission rate for all your subpart DDDDD sources 
is below the appropriate value in the look-up table;
    (2) Your site-specific compliance demonstration indicates that none 
of your HQ values for manganese are greater than 1.0 at locations where 
people live or congregate (e.g., schools, daycare centers, etc.).

              6. How Do I Conduct a Look-Up Table Analysis?

    You may use look-up tables to demonstrate that your facility is 
eligible for either the compliance alternative for HCl emissions limit 
or the compliance alternative for the TSM emissions limit, unless your 
permitting authority determines that the look-up table analysis in this 
section is not applicable to your facility on technical grounds due to 
site-specific variations that are not accounted for in the look-up table 
analysis (e.g. presence of complex terrain, rain caps, or building 
downwash effects).
    (a) HCl compliance alternative. (1) Using the emission rates for HCl 
and Cl2 determined according to section 4 of this appendix, 
calculate, using equation 2 of this appendix, the toxicity-weighted 
emission rate (expressed in HCl-equivalents) for each emission point 
that emits HCl or Cl2 from any subpart DDDDD sources. Then, 
calculate the weighted average stack height using equation 3 of this 
appendix.
[GRAPHIC] [TIFF OMITTED] TR28DE05.001

Where:

TWs = the toxicity-weighted emission rate (in HCl-equivalent) 
for each emission point s, lb/hr.
s = individual emission points
EHCl,s = the maximum hourly emission rate for HCl at emission 
point s, lb/hr
ECl2,s = the maximum hourly emission rate for Cl2 
at emission point s, lb/hr
RVCl2 = the reference value for Cl2
RVHCl = the reference value for HCl
(reference values for HCl and Cl2 can be found at http://
www.epa.gov/ttn/atw/toxsource/summary.html).

[[Page 162]]

[GRAPHIC] [TIFF OMITTED] TR28DE05.002

Where:

HHCl = weighted average stack height for determining the 
maximum allowable HCl-equivalent emission rate (in Table 2 to this 
appendix), m.
s = individual emission points
n = total number of emission points
TWs = toxicity-weighted HCl-equivalent emission rate from 
each emission point (from equation 2), lb/hr.
Hs = height of each individual stack, m
TWT = total toxicity-weighted HCl-equivalent emission rate 
from the source (summed for all emission points), lb/hr.

    (2) Calculate the total toxicity-weighted emission rate for your 
affected source by summing the toxicity-weighted emission rate for each 
appropriate subpart DDDDD emission point.
    (3) Using the weighted average stack height and the minimum distance 
between any appropriate subpart DDDDD emission point at the source and 
the property boundary, identify the appropriate maximum allowable 
toxicity weighted emission rate for your affected source, expressed in 
HCl-equivalents, from table 2 of this appendix. Appropriate emission 
points are those that emit HCl or Cl2, or both, from subpart 
DDDDD units. If one or both of these values does not match the exact 
values in the look-up tables, then use the next lowest table value. 
(Note: If your weighted average stack height is less than 5 meters (m), 
you must use the 5 meter row.) Your affected source is eligible to 
comply with the health-based alternative for HCl emissions if the value 
calculated in paragraph (a)(2) of this section, determined using the 
methods specified in this appendix, does not exceed the appropriate 
value in table 2 of this appendix.
    (b) TSM Compliance Alternative. Using the emission rates for 
manganese determined according to section 4 of this appendix, calculate 
the total manganese emission rate for your affected source by summing 
the maximum hourly manganese emission rates for all your subpart DDDDD 
units. Identify the appropriate allowable emission rate in table 3 of 
this appendix for your affected source using the weighted average stack 
height value and the minimum distance between any appropriate subpart 
DDDDD emission point at the facility and the property boundary. 
Appropriate emission points are those that emit manganese from subpart 
DDDDD units. If one or both of these values does not match the exact 
values in the look-up tables, then use the next lowest table value. 
(Note: If your weighted average stack height is less than 5 meters, you 
must use the 5 meter row.) Your affected source is eligible to comply 
with the health-based alternative for manganese emissions and may 
exclude manganese when demonstrating compliance with the TSM emission 
limit if the total manganese emission rate, determined using the methods 
specified in this appendix, does not exceed the appropriate value 
specified in table 3 of this appendix.
[GRAPHIC] [TIFF OMITTED] TR28DE05.003

Where:
HMn = weighted average stack height for determining the 
maximum allowable emission rate for manganese (in table 3 to this 
appendix), m.
s = individual emission points
n = total number of emission points
EMn,s= maximum hourly manganese emissions from emission point 
s, lbs/hr.
Hs = height of each individual stack s
EMn,T = total maximum hourly manganese emissions from 
affected source (sum emission rates from all emission points), lb/hr

      7. How Do I Conduct a Site-Specific Compliance Demonstration?

    If you fail to demonstrate that your facility is able to comply with 
one or both of the alternative health-based emission standards using the 
look-up table approach, you may choose to perform a site-specific 
compliance

[[Page 163]]

demonstration for your facility. You may use any scientifically-accepted 
peer-reviewed risk assessment methodology for your site-specific 
compliance demonstration. An example of one approach for performing a 
site-specific compliance 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--atoxic.html.
    (a) Your facility is eligible for the HCl alternative compliance 
option if your site-specific compliance demonstration shows that the 
maximum HI for HCl and Cl2 from your subpart DDDDD sources is 
less than or equal to 1.0.
    (b) Your facility is eligible for the TSM alternative compliance 
option if your site-specific compliance demonstration shows that the 
maximum HQ for manganese from your subpart DDDDD sources is less than or 
equal to 1.0.
    (c) At a minimum, your site-specific compliance demonstration must:
    (1) Estimate long-term inhalation exposures through the estimation 
of annual or multi-year average ambient concentrations;
    (2) Estimate the inhalation exposure for the individual most exposed 
to the facility's emissions;
    (3) Use site-specific, quality-assured data wherever possible;
    (4) Use health-protective default assumptions wherever site-specific 
data are not available, and;
    (5) 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.
    (d) Your site-specific compliance demonstration need not:
    (1) Assume any attenuation of exposure concentrations due to the 
penetration of outdoor pollutants into indoor exposure areas;
    (2) Assume any reaction or deposition of the emitted pollutants 
during transport from the emission point to the point of exposure.

     8. What Must My Health-Based Eligibility Demonstration Contain?

    (a) Your health-based eligibility demonstration must contain, at a 
minimum, the information specified in paragraphs (a)(1) through (6) of 
this section.
    (1) Identification of each appropriate emission point at the 
affected source facility, including the maximum rated capacity of each 
appropriate emission point.
    (2) Stack parameters for each appropriate emission point including, 
but not limited to, the parameters listed in paragraphs (a)(2)(i) 
through (iv) below:
    (i) Emission release type.
    (ii) Stack height, stack area, stack gas temperature, and stack gas 
exit velocity.
    (iii) Plot plan showing all emission points, nearby residences, and 
fenceline.
    (iv) Identification of any control devices used to reduce emissions 
from each appropriate emission point.
    (3) Emission test reports for each pollutant and appropriate 
emission point which has been tested using the test methods specified in 
Table 1 of this appendix, including a description of the process 
parameters identified as being worst case. Fuel analyses for each fuel 
and emission point which has been conducted including collection and 
analytical methods used.
    (4) Identification of the RfC values used in your look-up table 
analysis or site-specific compliance demonstration.
    (5) Calculations used to determine the HCl-equivalent or manganese 
emission rates according to sections 6(a) or (b) of this appendix.
    (6) Identification of the controlling process factors (including, 
but not limited to, fuel type, heat input rate, type of control devices, 
process parameters reflecting the emissions rates used for your 
eligibility demonstration) that will become Federally enforceable permit 
conditions used to show that your facility remains eligible for the 
health-based compliance alternatives.
    (b) If you use the look-up table analysis in section 6 of this 
appendix to demonstrate that your facility is eligible for either 
health-based compliance alternative, your eligibility demonstration must 
contain, at a minimum, the information in paragraphs (a) and (b)(1) 
through (3) of this section.
    (1) Calculations used to determine the weighted average stack height 
of the subpart DDDDD emission points that emit manganese, HCl, or 
Cl2.
    (2) Identification of the subpart DDDDD emission point, that emits 
either manganese or HCl and Cl2, with the minimum distance to 
the property boundary of the facility.
    (3) Comparison of the values in the look-up tables (Tables 2 and 3 
of this appendix) to your maximum HCl-equivalent or manganese emission 
rates.
    (c) If you use a site-specific compliance demonstration as described 
in section 7 of this appendix to demonstrate that your facility is 
eligible, your eligibility demonstration must contain, at a minimum, the 
information in paragraphs (a) and (c)(1) through (7) of this section:
    (1) Identification of the risk assessment methodology used.
    (2) Documentation of the fate and transport model used.
    (3) Documentation of the fate and transport model inputs, including 
the information described in paragraphs (a)(1) through (5) of this 
section converted to the dimensions required for the model and all of 
the following

[[Page 164]]

that apply: meteorological data; building, land use, and terrain data; 
receptor locations and population data; and other facility-specific 
parameters input into the model.
    (4) Documentation of the fate and transport model outputs.
    (5) Documentation of any exposure assessment and risk 
characterization calculations.
    (6) Comparison of the HQ HI to the limit of 1.0.
    (d) To be eligible for either health-based compliance alternative, 
the parameters that defined your affected source as eligible for the 
health-based compliance alternatives must be submitted to your 
permitting authority for incorporation into your title V permit, as 
federally enforceable limits, at the same time you submit your health-
based eligibility demonstration. These parameters include, but are not 
limited to, fuel type, fuel mix (annual average), emission rate, type of 
control devices, process parameters (e.g., maximum heat input), and non-
process parameters (e.g., stack height).

  9. When Do I Have To Complete and Submit My Health-Based Eligibility 
                             Demonstration?

    (a) If you have an existing affected source, you must complete and 
submit your eligibility demonstration to your permitting authority, 
along with a signed certification that the demonstration is an accurate 
depiction of your facility, no later than the date one year prior to the 
compliance date of subpart DDDDD. A separate copy of the eligibility 
demonstration must be submitted to: U.S. EPA, Risk and Exposure 
Assessment Group, Emission Standards Division (C404-01), Attn: Group 
Leader, Research Triangle Park, North Carolina 27711, electronic mail 
address REAG@epa.gov.
    (b) If you have a new or reconstructed affected source that starts 
up before the effective date of subpart DDDDD, or an affected source 
that is an area source that increases its emissions or its potential to 
emit such that it becomes a major source of HAP before the effective 
date of subpart DDDDD, then you may submit an eligibility demonstration 
at any time after September 13, 2004 but you must comply with the 
emissions limits in table 1 to this subpart and all other requirements 
of subpart DDDDD until your eligibility demonstration is submitted to 
your permitting authority in accordance with the requirements of section 
10 of this appendix.
    (c) If you have a new or reconstructed affected source that starts 
up after the effective date of subpart DDDDD, or an affected source that 
is an area source that increases its emissions or its potential to emit 
such that it becomes a major source of HAP after the effective date for 
subpart DDDDD, then you must follow the schedule in paragraphs (c)(1) 
and (2) of this section.
    (1) You must complete and submit a preliminary eligibility 
demonstration based on the information (e.g., equipment types, estimated 
emission rates, process and non-process parameters, reference values, 
etc.) that will be used to apply for your title V permit. This 
preliminary eligibility demonstration must be submitted with your 
application for approval of construction or reconstruction. You must 
base your preliminary eligibility demonstration on the maximum emissions 
allowed under your title V permit. If the preliminary eligibility 
demonstration indicates that your affected source facility is eligible 
for either compliance alternative, then you may start up your new 
affected source and your new affected source will be considered in 
compliance with the alternative standard and subject to the compliance 
requirements in this appendix.
    (2) You must conduct the emission tests or analyses specified in 
section 4 of this appendix upon initial startup and use the results of 
these emissions tests to complete and submit your eligibility 
demonstration within 180 days following your initial startup date.

     10. When Do I Become Eligible for the Health-Based Compliance 
                              Alternatives?

    (a) For existing sources, new sources, or reconstructed sources that 
start up before the effective date of subpart DDDDD, or an affected 
source that is an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP before the 
effective date of subpart DDDDD, you are eligible to comply with a 
health-based compliance alternative upon submission of a complete 
demonstration meeting all the requirements of paragraph 8 for the 
applicable alternative. However, your eligibility demonstration may be 
reviewed by the permitting authority or by EPA to verify that the 
demonstration meets the requirements of appendix A to this subpart and 
is technically sound (i.e. use of the look-up tables is appropriate or 
the site-specific assessment is technically valid). If you are notified 
by the permitting authority or by EPA of any deficiencies in your 
submission, then you are not eligible for the health-based compliance 
alternative until the permitting authority or EPA verifies that the 
deficiencies are corrected.
    (b) For new or reconstructed sources that start up after the 
effective date of subpart DDDDD, you are eligible to comply with a the 
health-based compliance alternatives upon submission of a complete 
preliminary eligibility determination in accordance with paragraph 
(c)(1) of section 9 that demonstrates your affected source is eligible 
for the applicable alternative. You may then start up your source and 
conduct the necessary testing in accordance with paragraph

[[Page 165]]

(c)(2) of section 9. The eligibility demonstration submitted in 
accordance with paragraph (c)(2) of section 9 may be reviewed by the 
permitting authority or by EPA to verify that the demonstration meets 
the requirements of appendix A to this subpart and is technically sound 
(i.e. use of the look-up tables is appropriate or the site-specific 
assessment is technically valid). If you are notified in writing by the 
permitting authority of any deficiencies in your submission, then you 
have 30 days to correct the deficiencies unless the permitting authority 
agrees to extend this time to a period not to exceed 90 days. If the 
deficiencies are not corrected within the applicable time period, you 
will not be eligible for the health-based compliance alternative until 
the permitting authority verifies that the deficiencies are corrected.
    (c) If the title V permit conditions requested in accordance with 
paragraph (d) of section 8 are disapproved by the permitting authority, 
then your affected source must comply with the applicable emission 
limits, operating limits, and work practice standards in subpart DDDDD 
by the compliance dates specified in Sec. 63.7495. Until the requested 
conditions (or alternative conditions meeting the requirements of 
paragraph (d) of section 8) are incorporated into the permit, compliance 
with the proposed conditions shall be considered compliance with the 
health-based alternative.

  11. How Do I Ensure That My Facility Remains Eligible for the Health-
                     Based Compliance Alternatives?

    (a) You must update your eligibility demonstration and resubmit it 
each time that any of the parameters that defined your affected source 
as eligible for the health-based compliance alternatives changes in a 
way that could result in increased HAP emissions or increased risk from 
exposure to emissions. These parameters include, but are not limited to, 
fuel type, fuel mix (annual average), type of control devices, HAP 
emission rate, stack height, process parameters (e.g., heat input 
capacity), relevant reference values, and locations where people live).
    (b) If you are updating your eligibility demonstration to account 
for an action in paragraph (a) of this section that is under your 
control (e.g. change in heat input capacity of your boiler), you must 
submit your revised eligibility demonstration to the permitting 
authority prior to making the change and revise your permit to 
incorporate the change. If your affected source is no longer eligible 
for the health-based compliance alternatives, then you must comply with 
the applicable emission limits, operating limits, and compliance 
requirements in subpart DDDDD prior to making the process change and 
revising your permit. If you are updating your eligibility demonstration 
to account for an action in paragraph (a) of this section that is 
outside of your control (e.g. change in a reference value), and that 
change causes your source to no longer be able to meet the criteria for 
the health-based compliance alternatives, your source must comply with 
the applicable emission limits, operating limits, and compliance 
requirements in subpart DDDDD within 3 years.
    (c) Your revised eligibility demonstration may be reviewed by the 
permitting authority or EPA to verify that the demonstration meets the 
requirements of appendix A to this subpart and is technically sound 
(i.e. use of the look-up tables is appropriate or the site-specific 
assessment is technically valid). If you are notified by the permitting 
authority or EPA of any deficiencies in your submission, you will not 
remain eligible for the health-based compliance alternatives until the 
permitting authority or EPA verifies that the deficiencies are 
corrected.

                      12. What Records Must I Keep?

    You must keep records of the information used in developing the 
eligibility demonstration for your affected source, including all of the 
information specified in section 8 of this appendix.

                             13. Definitions

    The definitions in Sec. 63.7575 of subpart DDDDD apply to this 
appendix. Additional definitions applicable for this appendix are as 
follows:
    Hazard Index (HI) means the sum of more than one hazard quotient for 
multiple substances and/or multiple exposure pathways.
    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 inhalation exposures, the HQ is 
calculated as the air concentration divided by the RfC.
    Look-up table analysis means a risk screening analysis based on 
comparing the HAP or HAP-equivalent emission rate from the affected 
source to the appropriate maximum allowable HAP or HAP-equivalent 
emission rates specified in Tables 2 and 3 of this appendix.
    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.
    Worst-case operating conditions means operation of an affected unit 
during emissions testing under the conditions that result in the highest 
HAP emissions or that result in

[[Page 166]]

the emissions stream composition (including HAP and non-HAP) that is 
most challenging for the control device if a control device is used. For 
example, worst-case conditions could include operation of an affected 
unit firing solid fuel likely to produce the most HAP.

      Table 1 to Appendix B of Subpart DDDDD--Emission Test Methods
------------------------------------------------------------------------
            For . . .               You must . . .        Using . . .
------------------------------------------------------------------------
(1) Each subpart DDDDD emission   Select sampling     Method 1 of 40 CFR
 point for which you choose to     ports' location     part 60, appendix
 use a compliance alternative.     and the number of   A.
                                   traverse points.
(2) Each subpart DDDDD emission   Determine velocity  Method 2, 2F, or
 point for which you choose to     and volumetric      2G in appendix A
 use a compliance alternative.     flow rate;.         to 40 CFR part
                                                       60.
(3) Each subpart DDDDD emission   Conduct gas         Method 3A or 3B in
 point for which you choose to     molecular weight    appendix A to 40
 use a compliance alternative.     analysis.           CFR part 60.
(4) Each subpart DDDDD emission   Measure moisture    Method 4 in
 point for which you choose to     content of the      appendix A to 40
 use a compliance alternative.     stack gas.          CFR part 60.
(5) Each subpart DDDDD emission   Measure the         Method 26 or 26A
 point for which you choose to     hydrogen chloride   in appendix A to
 use the HCl compliance            and chlorine        40 CFR part 60.
 alternative.                      emission
                                   concentrations.
(6) Each subpart DDDDD emission   Measure the         Method 29 in
 point for which you choose to     manganese           appendix A to 40
 use the TSM compliance            emission            CFR part 60.
 alternative.                      concentration.
(7) Each subpart DDDDD emission   Convert emissions   Method 19 F-factor
 point for which you choose to     concentration to    methodology in
 use a compliance alternative.     lb per MMBtu        appendix A to
                                   emission rates.     part 60 of this
                                                       chapter.
------------------------------------------------------------------------


[[Page 167]]


                 Table 2 to Appendix A of Subpart DDDDD--Allowable Toxicity-Weighted Emission Rate Expressed in HCl Equivalents (lbs/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Distance to property boundary (m)
          Stack ht. (m)          -----------------------------------------------------------------------------------------------------------------------
                                      0        50        100       150       200       250       500      1000      1500      2000      3000      5000
--------------------------------------------------------------------------------------------------------------------------------------------------------
5...............................     114.9     114.9     114.9     114.9     114.9     114.9     144.3     287.3     373.0     373.0     373.0     373.0
10..............................     188.5     188.5     188.5     188.5     188.5     188.5     195.3     328.0     432.5     432.5     432.5     432.5
20..............................     386.1     386.1     386.1     386.1     386.1     386.1     386.1     425.4     580.0     602.7     602.7     602.7
30..............................     396.1     396.1     396.1     396.1     396.1     396.1     396.1     436.3     596.2     690.6     807.8     816.5
40..............................     408.1     408.1     408.1     408.1     408.1     408.1     408.1     448.2     613.3     715.5     832.2     966.0
50..............................     421.4     421.4     421.4     421.4     421.4     421.4     421.4     460.6     631.0     746.3     858.2    1002.8
60..............................     435.5     435.5     435.5     435.5     435.5     435.5     435.5     473.4     649.0     778.6     885.0    1043.4
70..............................     450.2     450.2     450.2     450.2     450.2     450.2     450.2     486.6     667.4     813.8     912.4    1087.4
80..............................     465.5     465.5     465.5     465.5     465.5     465.5     465.5     500.0     685.9     849.8     940.9    1134.8
100.............................     497.5     497.5     497.5     497.5     497.5     497.5     497.5     527.4     723.6     917.1    1001.2    1241.3
200.............................     677.3     677.3     677.3     677.3     677.3     677.3     677.3     682.3     919.8    1167.1    1390.4    1924.6
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                   Table 3 to Appendix A of Subpart DDDDD--Allowable Manganese Emission Rate (lbs/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Distance to property boundary (m)
          Stack ht. (m)          -----------------------------------------------------------------------------------------------------------------------
                                      0        50        100       150       200       250       500      1000      1500      2000      3000      5000
--------------------------------------------------------------------------------------------------------------------------------------------------------
5...............................      0.29      0.29      0.29      0.29      0.29      0.29      0.36      0.72      0.93      0.93      0.93      0.94
10..............................      0.47      0.47      0.47      0.47      0.47      0.47      0.49      0.82      1.08      1.08      1.08      1.08
20..............................      0.97      0.97      0.97      0.97      0.97      0.97      0.97      1.06      1.45      1.51      1.51      1.51
30..............................      0.99      0.99      0.99      0.99      0.99      0.99      0.99      1.09      1.49      1.72      2.02      2.04
40..............................      1.02      1.02      1.02      1.02      1.02      1.02      1.02      1.12      1.53      1.79      2.08      2.42
50..............................      1.05      1.05      1.05      1.05      1.05      1.05      1.05      1.15      1.58      1.87      2.15      2.51
60..............................      1.09      1.09      1.09      1.09      1.09      1.09      1.09      1.18      1.62      1.95      2.21      2.61
70..............................      1.13      1.13      1.13      1.13      1.13      1.13      1.13      1.22      1.67      2.03      2.28      2.72
80..............................      1.16      1.16      1.16      1.16      1.16      1.16      1.16      1.25      1.71      2.12      2.35      2.84
100.............................      1.24      1.24      1.24      1.24      1.24      1.24      1.24      1.32      1.81      2.29      2.50      3.10
200.............................      1.69      1.69      1.69      1.69      1.69      1.69      1.69      1.71      2.30      2.92      3.48      4.81
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 168]]


[69 FR 55253, Sept. 13, 2004, as amended at 70 FR 76933, Dec. 28, 2005]

    Effective Date Note: At 76 FR 15664, Mar. 21, 2011, subpart DDDDD 
was revised, effective May 20, 2011. At 76 FR 28662, May 18, 2011, the 
effective date of the May 20 revision was delayed until further notice. 
For the convenience of the user, the revised text is set forth as 
follows:



 Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants 

for Major Sources: Industrial, Commercial, and Institutional Boilers and 

                             Process Heaters

                        What This Subpart Covers



Sec. 63.7480  What is the purpose of this subpart?

    This subpart establishes national emission limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from 
industrial, commercial, and institutional boilers and process heaters 
located at major sources of HAP. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and work practice standards.



Sec. 63.7485  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an industrial, 
commercial, or institutional boiler or process heater as defined in 
Sec. 63.7575 that is located at, or is part of, a major source of HAP, 
except as specified in Sec. 63.7491. For purposes of this subpart, a 
major source of HAP is as defined in Sec. 63.2, except that for oil and 
natural gas production facilities, a major source of HAP is as defined 
in Sec. 63.761 (subpart HH of this part, National Emission Standards 
for Hazardous Air Pollutants from Oil and Natural Gas Production 
Facilities).



Sec. 63.7490  What is the affected source of this subpart?

    (a) This subpart applies to new, reconstructed, and existing 
affected sources as described in paragraphs (a)(1) and (2) of this 
section.
    (1) The affected source of this subpart is the collection at a major 
source of all existing industrial, commercial, and institutional boilers 
and process heaters within a subcategory as defined in Sec. 63.7575.
    (2) The affected source of this subpart is each new or reconstructed 
industrial, commercial, or institutional boiler or process heater, as 
defined in Sec. 63.7575, located at a major source.
    (b) A boiler or process heater is new if you commence construction 
of the boiler or process heater after June 4, 2010, and you meet the 
applicability criteria at the time you commence construction.
    (c) A boiler or process heater is reconstructed if you meet the 
reconstruction criteria as defined in Sec. 63.2, you commence 
reconstruction after June 4, 2010, and you meet the applicability 
criteria at the time you commence reconstruction.
    (d) A boiler or process heater is existing if it is not new or 
reconstructed.



Sec. 63.7491  Are any boilers or process heaters not subject to this 

          subpart?

    The types of boilers and process heaters listed in paragraphs (a) 
through (m) of this section are not subject to this subpart.
    (a) An electric utility steam generating unit.
    (b) A recovery boiler or furnace covered by subpart MM of this part.
    (c) A boiler or process heater that is used specifically for 
research and development. This does not include units that provide heat 
or steam to a process at a research and development facility.
    (d) A hot water heater as defined in this subpart.
    (e) A refining kettle covered by subpart X of this part.
    (f) An ethylene cracking furnace covered by subpart YY of this part.
    (g) Blast furnace stoves as described in EPA-453/R-01-005 
(incorporated by reference, see Sec. 63.14).
    (h) Any boiler or process heater that is part of the affected source 
subject to another subpart of this part (i.e., another National Emission 
Standards for Hazardous Air Pollutants in 40 CFR part 63).
    (i) Any boiler or process heater that is used as a control device to 
comply with another subpart of this part, provided that at least 50 
percent of the heat input to the boiler is provided by the gas stream 
that is regulated under another subpart.
    (j) Temporary boilers as defined in this subpart.
    (k) Blast furnace gas fuel-fired boilers and process heaters as 
defined in this subpart.
    (l) Any boiler specifically listed as an affected source in any 
standard(s) established under section 129 of the Clean Air Act.
    (m) A boiler required to have a permit under section 3005 of the 
Solid Waste Disposal Act or covered by subpart EEE of this part (e.g., 
hazardous waste boilers).



Sec. 63.7495  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed boiler or process heater, you 
must comply with this subpart by May 20, 2011 or upon startup of your 
boiler or process heater, whichever is later.
    (b) If you have an existing boiler or process heater, you must 
comply with this subpart no later than March 21, 2014.

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    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, paragraphs 
(c)(1) and (2) of this section apply to you.
    (1) Any new or reconstructed boiler or process heater at the 
existing source must be in compliance with this subpart upon startup.
    (2) Any existing boiler or process heater at the existing source 
must be in compliance with this subpart within 3 years after the source 
becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.7545 
according to the schedule in Sec. 63.7545 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limits and work practice standards 
in this subpart.
    (e) If you own or operate an industrial, commercial, or 
institutional boiler or process heater and would be subject to this 
subpart except for the exemption in Sec. 63.7491(l) for commercial and 
industrial solid waste incineration units covered by part 60, subpart 
CCCC or subpart DDDD, and you cease combusting solid waste, you must be 
in compliance with this subpart on the effective date of the switch from 
waste to fuel.

            Emission Limitations and Work Practice Standards



Sec. 63.7499  What are the subcategories of boilers and process 

          heaters?

    The subcategories of boilers and process heaters, as defined in 
Sec. 63.7575 are:
    (a) Pulverized coal/solid fossil fuel units.
    (b) Stokers designed to burn coal/solid fossil fuel.
    (c) Fluidized bed units designed to burn coal/solid fossil fuel.
    (d) Stokers designed to burn biomass/bio-based solid.
    (e) Fluidized bed units designed to burn biomass/bio-based solid.
    (f) Suspension burners/Dutch Ovens designed to burn biomass/bio-
based solid.
    (g) Fuel Cells designed to burn biomass/bio-based solid.
    (h) Hybrid suspension/grate burners designed to burn biomass/bio-
based solid.
    (i) Units designed to burn solid fuel.
    (j) Units designed to burn liquid fuel.
    (k) Units designed to burn liquid fuel in non-continental States or 
territories.
    (l) Units designed to burn natural gas, refinery gas or other gas 1 
fuels.
    (m) Units designed to burn gas 2 (other) gases.
    (n) Metal process furnaces.
    (o) Limited-use boilers and process heaters.



Sec. 63.7500  What emission limitations, work practice standards, and 

          operating limits must I meet?

    (a) You must meet the requirements in paragraphs (a)(1) through (3) 
of this section, except as provided in paragraphs (b) and (c) of this 
section. You must meet these requirements at all times.
    (1) You must meet each emission limit and work practice standard in 
Tables 1 through 3, and 12 to this subpart that applies to your boiler 
or process heater, for each boiler or process heater at your source, 
except as provided under Sec. 63.7522. If your affected source is a new 
or reconstructed affected source that commenced construction or 
reconstruction after June 4, 2010, and before May 20, 2011, you may 
comply with the emission limits in Table 1 or 12 to this subpart until 
March 21, 2014. On and after March 21, 2014, you must comply with the 
emission limits in Table 1 to this subpart.
    (2) You must meet each operating limit in Table 4 to this subpart 
that applies to your boiler or process heater. If you use a control 
device or combination of control devices not covered in Table 4 to this 
subpart, or you wish to establish and monitor an alternative operating 
limit and alternative monitoring parameters, you must apply to the EPA 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).
    (3) At all times, you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. Determination of whether 
such operation and maintenance procedures are being used will be based 
on information available to the Administrator that 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.
    (b) As provided in Sec. 63.6(g), EPA may approve use of an 
alternative to the work practice standards in this section.
    (c) Limited-use boilers and process heaters must complete a biennial 
tune-up as specified in Sec. 63.7540. They are not subject to the 
emission limits in Tables 1 and 2 to this subpart, the annual tune-up 
requirement in Table 3 to this subpart, or the operating limits in Table 
4 to this subpart. Major sources that have limited-use boilers and 
process heaters must complete an energy assessment as specified in Table 
3 to this subpart if the source has other existing boilers subject to 
this subpart that are not limited-use boilers.



Sec. 63.7501  How can I assert an affirmative defense if I exceed an 

          emission limitations during a malfunction?

    In response to an action to enforce the emission limitations and 
operating limits

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set forth in Sec. 63.7500 you may assert an affirmative defense to a 
claim for civil penalties for exceeding such standards that are caused 
by malfunction, as defined at Sec. 63.2. Appropriate penalties may be 
assessed, however, if you fail to meet your burden of proving all of the 
requirements in the affirmative defense. The affirmative defense shall 
not be available for claims for injunctive relief.
    (a) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner, and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) 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; and
    (3) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (4) 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; and
    (5) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment and human 
health; and
    (6) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and
    (8) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, 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 best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) Notification. The owner or operator of the facility experiencing 
an exceedance of its emission limitat(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 
ocurrence of the exceedance of the standard in Sec. 63.7500 to 
demonstrate, with all necessary supporting documentation, that it has 
met the requirements set forth in paragraph (a) 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.

                     General Compliance Requirements



Sec. 63.7505  What are my general requirements for complying with this 

          subpart?

    (a) You must be in compliance with the emission limits and operating 
limits in this subpart. These limits apply to you at all times.
    (b) [Reserved]
    (c) You must demonstrate compliance with all applicable emission 
limits using performance testing, fuel analysis, or continuous 
monitoring systems (CMS), including a continuous emission monitoring 
system (CEMS) or continuous opacity monitoring system (COMS), where 
applicable. You may demonstrate compliance with the applicable emission 
limit for hydrogen chloride or mercury using fuel analysis if the 
emission rate calculated according to Sec. 63.7530(c) is less than the 
applicable emission limit. Otherwise, you must demonstrate compliance 
for hydrogen chloride or mercury using performance testing, if subject 
to an applicable emission limit listed in Table 1, 2, or 12 to this 
subpart.
    (d) If you demonstrate compliance with any applicable emission limit 
through performance testing and subsequent compliance with operating 
limits (including the use of continuous parameter monitoring system), or 
with a CEMS, or COMS, you must develop a site-specific monitoring plan 
according to the requirements in paragraphs (d)(1) through (4) of this 
section for the use of any

[[Page 171]]

CEMS, COMS, or continuous parameter monitoring system. This requirement 
also applies to you if you petition the EPA Administrator for 
alternative monitoring parameters under Sec. 63.8(f).
    (1) For each CMS required in this section (including CEMS, COMS, or 
continuous parameter monitoring system), you must develop, and submit to 
the delegated authority for approval upon request, a site-specific 
monitoring plan that addresses paragraphs (d)(1)(i) through (iii) of 
this section. You must submit this site-specific monitoring plan, if 
requested, at least 60 days before your initial performance evaluation 
of your CMS. This requirement to develop and submit a site specific 
monitoring plan does not apply to affected sources with existing 
monitoring plans that apply to CEMS and COMS prepared under appendix B 
to part 60 of this chapter and that meet the requirements of Sec. 
63.7525.
    (i) Installation of the CMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems; and
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (2) In your site-specific monitoring plan, you must also address 
paragraphs (d)(2)(i) through (iii) of this section.
    (i) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1)(ii), (c)(3), and 
(c)(4)(ii);
    (ii) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec. 63.8(d); and
    (iii) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c) (as applicable in Table 
10 to this subpart), (e)(1), and (e)(2)(i).
    (3) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (4) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.

       Testing, Fuel Analyses, and Initial Compliance Requirements



Sec. 63.7510  What are my initial compliance requirements and by what 

          date must I conduct them?

    (a) For affected sources that elect to demonstrate compliance with 
any of the applicable emission limits in Tables 1 or 2 of this subpart 
through performance testing, your initial compliance requirements 
include conducting performance tests according to Sec. 63.7520 and 
Table 5 to this subpart, conducting a fuel analysis for each type of 
fuel burned in your boiler or process heater according to Sec. 63.7521 
and Table 6 to this subpart, establishing operating limits according to 
Sec. 63.7530 and Table 7 to this subpart, and conducting CMS 
performance evaluations according to Sec. 63.7525. For affected sources 
that burn a single type of fuel, you are exempted from the compliance 
requirements of conducting a fuel analysis for each type of fuel burned 
in your boiler or process heater according to Sec. 63.7521 and Table 6 
to this subpart. For purposes of this subpart, units that use a 
supplemental fuel only for startup, unit shutdown, and transient flame 
stability purposes still qualify as affected sources that burn a single 
type of fuel, and the supplemental fuel is not subject to the fuel 
analysis requirements under Sec. 63.7521 and Table 6 to this subpart.
    (b) For affected sources that elect to demonstrate compliance with 
the applicable emission limits in Tables 1 or 2 of this subpart for 
hydrogen chloride or mercury through fuel analysis, your initial 
compliance requirement is to conduct a fuel analysis for each type of 
fuel burned in your boiler or process heater according to Sec. 63.7521 
and Table 6 to this subpart and establish operating limits according to 
Sec. 63.7530 and Table 8 to this subpart.
    (c) If your boiler or process heater is subject to a carbon monoxide 
limit, your initial compliance demonstration for carbon monoxide is to 
conduct a performance test for carbon monoxide according to Table 5 to 
this subpart. Your initial compliance demonstration for carbon monoxide 
also includes conducting a performance evaluation of your continuous 
oxygen monitor according to Sec. 63.7525(a).
    (d) If your boiler or process heater subject to a PM limit has a 
heat input capacity greater than 250 MMBtu per hour and combusts coal, 
biomass, or residual oil, your initial compliance demonstration for PM 
is to conduct a performance evaluation of your continuous emission 
monitoring system for PM according to Sec. 63.7525(b). Boilers and 
process heaters that use a continuous emission monitoring system for PM 
are exempt from the performance testing and operating limit requirements 
specified in paragraph (a) of this section.
    (e) For existing affected sources, you must demonstrate initial 
compliance, as specified in paragraphs (a) through (d) of this section, 
no later than 180 days after the compliance date that is specified for 
your source in Sec. 63.7495 and according to the applicable provisions 
in Sec. 63.7(a)(2) as cited in Table 10 to this subpart.

[[Page 172]]

    (f) If your new or reconstructed affected source commenced 
construction or reconstruction after June 4, 2010, you must demonstrate 
initial compliance with the emission limits no later than November 16, 
2011 or within 180 days after startup of the source, whichever is later. 
If you are demonstrating compliance with an emission limit in Table 12 
to this subpart that is less stringent than (that is, higher than) the 
applicable emission limit in Table 1 to this subpart, you must 
demonstrate compliance with the applicable emission limit in Table 1 no 
later than September 17, 2014.
    (g) For affected sources that ceased burning solid waste consistent 
with Sec. 63.7495(e) and for which your initial compliance date has 
passed, you must demonstrate compliance within 60 days of the effective 
date of the waste-to-fuel switch. If you have not conducted your 
compliance demonstration for this subpart within the previous 12 months, 
you must complete all compliance demonstrations for this subpart before 
you commence or recommence combustion of solid waste.



Sec. 63.7515  When must I conduct subsequent performance tests, fuel 

          analyses, or tune-ups?

    (a) You must conduct all applicable performance tests according to 
Sec. 63.7520 on an annual basis, except those for dioxin/furan 
emissions, unless you follow the requirements listed in paragraphs (b) 
through (e) of this section. Annual performance tests must be completed 
no more than 13 months after the previous performance test, unless you 
follow the requirements listed in paragraphs (b) through (e) of this 
section. Annual performance testing for dioxin/furan emissions is not 
required after the initial compliance demonstration.
    (b) You can conduct performance tests less often for a given 
pollutant if your performance tests for the pollutant for at least 2 
consecutive years show that your emissions are at or below 75 percent of 
the emission limit, and if there are no changes in the operation of the 
affected source or air pollution control equipment that could increase 
emissions. In this case, you do not have to conduct a performance test 
for that pollutant for the next 2 years. You must conduct a performance 
test during the third year and no more than 37 months after the previous 
performance test. If you elect to demonstrate compliance using emission 
averaging under Sec. 63.7522, you must continue to conduct performance 
tests annually.
    (c) If your boiler or process heater continues to meet the emission 
limit for the pollutant, you may choose to conduct performance tests for 
the pollutant every third year if your emissions are at or below 75 
percent of the emission limit, and if there are no changes in the 
operation of the affected source or air pollution control equipment that 
could increase emissions, but each such performance test must be 
conducted no more than 37 months after the previous performance test. If 
you elect to demonstrate compliance using emission averaging under Sec. 
63.7522, you must continue to conduct performance tests annually. The 
requirement to test at maximum chloride input level is waived unless the 
stack test is conducted for HCl. The requirement to test at maximum Hg 
input level is waived unless the stack test is conducted for Hg.
    (d) If a performance test shows emissions exceeded 75 percent of the 
emission limit for a pollutant, you must conduct annual performance 
tests for that pollutant until all performance tests over a consecutive 
2-year period show compliance.
    (e) If you are required to meet an applicable tune-up work practice 
standard, you must conduct an annual or biennial performance tune-up 
according to Sec. 63.7540(a)(10) and (a)(11), respectively. Each annual 
tune-up specified in Sec. 63.7540(a)(10) must be no more than 13 months 
after the previous tune-up. Each biennial tune-up specified in Sec. 
63.7540(a)(11) must be conducted no more than 25 months after the 
previous tune-up.
    (f) If you demonstrate compliance with the mercury or hydrogen 
chloride based on fuel analysis, you must conduct a monthly fuel 
analysis according to Sec. 63.7521 for each type of fuel burned that is 
subject to an emission limit in Table 1, 2, or 12 of this subpart. If 
you burn a new type of fuel, you must conduct a fuel analysis before 
burning the new type of fuel in your boiler or process heater. You must 
still meet all applicable continuous compliance requirements in Sec. 
63.7540. If 12 consecutive monthly fuel analyses demonstrate compliance, 
you may request decreased fuel analysis frequency by applying to the EPA 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).
    (g) You must report the results of performance tests and the 
associated initial fuel analyses within 90 days after the completion of 
the performance tests. This report must also verify that the operating 
limits for your affected source have not changed or provide 
documentation of revised operating parameters established according to 
Sec. 63.7530 and Table 7 to this subpart, as applicable. The reports 
for all subsequent performance tests must include all applicable 
information required in Sec. 63.7550.



Sec. 63.7520  What stack tests and procedures must I use?

    (a) You must conduct all performance tests according to Sec. 
63.7(c), (d), (f), and (h). You must also develop a site-specific stack 
test plan according to the requirements in Sec. 63.7(c). You shall 
conduct all performance

[[Page 173]]

tests under such conditions as the Administrator specifies to you based 
on representative performance of the affected source for the period 
being tested. Upon request, you shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of the performance tests.
    (b) You must conduct each performance test according to the 
requirements in Table 5 to this subpart.
    (c) You must conduct each performance test under the specific 
conditions listed in Tables 5 and 7 to this subpart. You must conduct 
performance tests at representative operating load conditions while 
burning the type of fuel or mixture of fuels that has the highest 
content of chlorine and mercury, and you must demonstrate initial 
compliance and establish your operating limits based on these 
performance tests. These requirements could result in the need to 
conduct more than one performance test. Following each performance test 
and until the next performance test, you must comply with the operating 
limit for operating load conditions specified in Table 4 to this 
subpart.
    (d) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 63.7(e)(3). Each 
test run must comply with the minimum applicable sampling times or 
volumes specified in Tables 1, 2, and 12 to this subpart.
    (e) To determine compliance with the emission limits, you must use 
the F-Factor methodology and equations in sections 12.2 and 12.3 of EPA 
Method 19 at 40 CFR part 60, appendix A-7 of this chapter to convert the 
measured particulate matter concentrations, the measured hydrogen 
chloride concentrations, and the measured mercury concentrations that 
result from the initial performance test to pounds per million Btu heat 
input emission rates using F-factors.



Sec. 63.7521  What fuel analyses, fuel specification, and procedures 

          must I use?

    (a) For solid, liquid, and gas 2 (other) fuels, you must conduct 
fuel analyses for chloride and mercury according to the procedures in 
paragraphs (b) through (e) of this section and Table 6 to this subpart, 
as applicable. You are not required to conduct fuel analyses for fuels 
used for only startup, unit shutdown, and transient flame stability 
purposes. You are required to conduct fuel analyses only for fuels and 
units that are subject to emission limits for mercury and hydrogen 
chloride in Tables 1, 2, or 12 to this subpart. Gaseous and liquid fuels 
are exempt from requirements in paragraphs (c) and (d) of this section 
and Table 6 of this subpart.
    (b) You must develop and submit a site-specific fuel monitoring plan 
to the EPA Administrator for review and approval according to the 
following procedures and requirements in paragraphs (b)(1) and (2) of 
this section.
    (1) You must submit the fuel analysis plan no later than 60 days 
before the date that you intend to conduct an initial compliance 
demonstration.
    (2) You must include the information contained in paragraphs 
(b)(2)(i) through (vi) of this section in your fuel analysis plan.
    (i) The identification of all fuel types anticipated to be burned in 
each boiler or process heater.
    (ii) For each fuel type, the notification of whether you or a fuel 
supplier will be conducting the fuel analysis.
    (iii) For each fuel type, a detailed description of the sample 
location and specific procedures to be used for collecting and preparing 
the composite samples if your procedures are different from paragraph 
(c) or (d) of this section. Samples should be collected at a location 
that most accurately represents the fuel type, where possible, at a 
point prior to mixing with other dissimilar fuel types.
    (iv) For each fuel type, the analytical methods from Table 6, with 
the expected minimum detection levels, to be used for the measurement of 
chlorine or mercury.
    (v) If you request to use an alternative analytical method other 
than those required by Table 6 to this subpart, you must also include a 
detailed description of the methods and procedures that you are 
proposing to use. Methods in Table 6 shall be used until the requested 
alternative is approved.
    (vi) If you will be using fuel analysis from a fuel supplier in lieu 
of site-specific sampling and analysis, the fuel supplier must use the 
analytical methods required by Table 6 to this subpart.
    (c) At a minimum, you must obtain three composite fuel samples for 
each fuel type according to the procedures in paragraph (c)(1) or (2) of 
this section.
    (1) If sampling from a belt (or screw) feeder, collect fuel samples 
according to paragraphs (c)(1)(i) and (ii) of this section.
    (i) Stop the belt and withdraw a 6-inch wide sample from the full 
cross-section of the stopped belt to obtain a minimum two pounds of 
sample. You must collect all the material (fines and coarse) in the full 
cross-section. You must transfer the sample to a clean plastic bag.
    (ii) Each composite sample will consist of a minimum of three 
samples collected at approximately equal 1-hour intervals during the 
testing period.
    (2) If sampling from a fuel pile or truck, you must collect fuel 
samples according to paragraphs (c)(2)(i) through (iii) of this section.
    (i) For each composite sample, you must select a minimum of five 
sampling locations uniformly spaced over the surface of the pile.

[[Page 174]]

    (ii) At each sampling site, you must dig into the pile to a depth of 
18 inches. You must insert a clean flat square shovel into the hole and 
withdraw a sample, making sure that large pieces do not fall off during 
sampling.
    (iii) You must transfer all samples to a clean plastic bag for 
further processing.
    (d) You must prepare each composite sample according to the 
procedures in paragraphs (d)(1) through (7) of this section.
    (1) You must thoroughly mix and pour the entire composite sample 
over a clean plastic sheet.
    (2) You must break sample pieces larger than 3 inches into smaller 
sizes.
    (3) You must make a pie shape with the entire composite sample and 
subdivide it into four equal parts.
    (4) You must separate one of the quarter samples as the first 
subset.
    (5) If this subset is too large for grinding, you must repeat the 
procedure in paragraph (d)(3) of this section with the quarter sample 
and obtain a one-quarter subset from this sample.
    (6) You must grind the sample in a mill.
    (7) You must use the procedure in paragraph (d)(3) of this section 
to obtain a one-quarter subsample for analysis. If the quarter sample is 
too large, subdivide it further using the same procedure.
    (e) You must determine the concentration of pollutants in the fuel 
(mercury and/or chlorine) in units of pounds per million Btu of each 
composite sample for each fuel type according to the procedures in Table 
6 to this subpart.
    (f) To demonstrate that a gaseous fuel other than natural gas or 
refinery gas qualifies as an other gas 1 fuel, as defined in Sec. 
63.7575, you must conduct a fuel specification analyses for hydrogen 
sulfide and mercury according to the procedures in paragraphs (g) 
through (i) of this section and Table 6 to this subpart, as applicable. 
You are not required to conduct the fuel specification analyses in 
paragraphs (g) through (i) of this section for gaseous fuels other than 
natural gas or refinery gas that are complying with the limits for units 
designed to burn gas 2 (other) fuels.
    (g) You must develop and submit a site-specific fuel analysis plan 
for other gas 1 fuels to the EPA Administrator for review and approval 
according to the following procedures and requirements in paragraphs 
(g)(1) and (2) of this section.
    (1) You must submit the fuel analysis plan no later than 60 days 
before the date that you intend to conduct an initial compliance 
demonstration.
    (2) You must include the information contained in paragraphs 
(g)(2)(i) through (vi) of this section in your fuel analysis plan.
    (i) The identification of all gaseous fuel types other than natural 
gas or refinery gas anticipated to be burned in each boiler or process 
heater.
    (ii) For each fuel type, the notification of whether you or a fuel 
supplier will be conducting the fuel specification analysis.
    (iii) For each fuel type, a detailed description of the sample 
location and specific procedures to be used for collecting and preparing 
the samples if your procedures are different from the sampling methods 
contained in Table 6. Samples should be collected at a location that 
most accurately represents the fuel type, where possible, at a point 
prior to mixing with other dissimilar fuel types. If multiple boilers or 
process heaters are fueled by a common fuel stream it is permissible to 
conduct a single gas specification at the common point of gas 
distribution.
    (iv) For each fuel type, the analytical methods from Table 6, with 
the expected minimum detection levels, to be used for the measurement of 
hydrogen sulfide and mercury.
    (v) If you request to use an alternative analytical method other 
than those required by Table 6 to this subpart, you must also include a 
detailed description of the methods and procedures that you are 
proposing to use. Methods in Table 6 shall be used until the requested 
alternative is approved.
    (vi) If you will be using fuel analysis from a fuel supplier in lieu 
of site-specific sampling and analysis, the fuel supplier must use the 
analytical methods required by Table 6 to this subpart.
    (h) You must obtain a single fuel sample for each other gas 1 fuel 
type according to the sampling procedures listed in Table 6 for fuel 
specification of gaseous fuels.
    (i) You must determine the concentration in the fuel of mercury, in 
units of microgram per cubic meter, and of hydrogen sulfide, in units of 
parts per million, by volume, dry basis, of each sample for each gas 1 
fuel type according to the procedures in Table 6 to this subpart.



Sec. 63.7522  Can I use emissions averaging to comply with this 

          subpart?

    (a) As an alternative to meeting the requirements of Sec. 63.7500 
for particulate matter, hydrogen chloride, or mercury on a boiler or 
process heater-specific basis, if you have more than one existing boiler 
or process heater in any subcategory located at your facility, you may 
demonstrate compliance by emissions averaging, if your averaged 
emissions are not more than 90 percent of the applicable emission limit, 
according to the procedures in this section. You may not include new 
boilers or process heaters in an emissions average.
    (b) For a group of two or more existing boilers or process heaters 
in the same subcategory that each vent to a separate stack,

[[Page 175]]

you may average particulate matter, hydrogen chloride, or mercury 
emissions among existing units to demonstrate compliance with the limits 
in Table 2 to this subpart if you satisfy the requirements in paragraphs 
(c), (d), (e), (f), and (g) of this section.
    (c) For each existing boiler or process heater in the averaging 
group, the emission rate achieved during the initial compliance test for 
the HAP being averaged must not exceed the emission level that was being 
achieved on May 20, 2011 or the control technology employed during the 
initial compliance test must not be less effective for the HAP being 
averaged than the control technology employed on May 20, 2011.
    (d) The averaged emissions rate from the existing boilers and 
process heaters participating in the emissions averaging option must be 
in compliance with the limits in Table 2 to this subpart at all times 
following the compliance date specified in Sec. 63.7495.
    (e) You must demonstrate initial compliance according to paragraph 
(e)(1) or (2) of this section using the maximum rated heat input 
capacity or maximum steam generation capacity of each unit and the 
results of the initial performance tests or fuel analysis.
    (1) You must use Equation 1 of this section to demonstrate that the 
particulate matter, hydrogen chloride, or mercury emissions from all 
existing units participating in the emissions averaging option for that 
pollutant do not exceed the emission limits in Table 2 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR21MR11.000

Where:

AveWeightedEmissions = Average weighted emissions for particulate 
          matter, hydrogen chloride, or mercury, in units of pounds per 
          million Btu of heat input.
Er = Emission rate (as determined during the initial compliance 
          demonstration) of particulate matter, hydrogen chloride, or 
          mercury from unit, i, in units of pounds per million Btu of 
          heat input. Determine the emission rate for particulate 
          matter, hydrogen chloride, or mercury by performance testing 
          according to Table 5 to this subpart, or by fuel analysis for 
          hydrogen chloride or mercury using the applicable equation in 
          Sec. 63.7530(c).
Hm = Maximum rated heat input capacity of unit, i, in units of million 
          Btu per hour.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.

    (2) If you are not capable of determining the maximum rated heat 
input capacity of one or more boilers that generate steam, you may use 
Equation 2 of this section as an alternative to using Equation 1 of this 
section to demonstrate that the particulate matter, hydrogen chloride, 
or mercury emissions from all existing units participating in the 
emissions averaging option do not exceed the emission limits for that 
pollutant in Table 2 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR21MR11.001

Where:

AveWeightedEmissions = Average weighted emission level for PM, hydrogen 
          chloride, or mercury, in units of pounds per million Btu of 
          heat input.
Er = Emission rate (as determined during the most recent compliance 
          demonstration) of particulate matter, hydrogen chloride, or 
          mercury from unit, i, in units of pounds per million Btu of 
          heat input. Determine the emission rate for particulate 
          matter, hydrogen chloride, or mercury by performance testing 
          according to Table 5 to this subpart, or by fuel analysis for 
          hydrogen chloride or mercury using the applicable equation in 
          Sec. 63.7530(c).
Sm = Maximum steam generation capacity by unit, i, in units of pounds.

[[Page 176]]

Cfi = Conversion factor, calculated from the most recent compliance 
          test, in units of million Btu of heat input per pounds of 
          steam generated for unit, i.
1.1 = Required discount factor.

    (f) After the initial compliance demonstration described in 
paragraph (e) of this section, you must demonstrate compliance on a 
monthly basis determined at the end of every month (12 times per year) 
according to paragraphs (f)(1) through (3) of this section. The first 
monthly period begins on the compliance date specified in Sec. 63.7495.
    (1) For each calendar month, you must use Equation 3 of this section 
to calculate the average weighted emission rate for that month using the 
actual heat input for each existing unit participating in the emissions 
averaging option.
[GRAPHIC] [TIFF OMITTED] TR21MR11.002

Where:

AveWeightedEmissions = Average weighted emission level for particulate 
          matter, hydrogen chloride, or mercury, in units of pounds per 
          million Btu of heat input, for that calendar month.
Er = Emission rate (as determined during the most recent compliance 
          demonstration) of particulate matter, hydrogen chloride, or 
          mercury from unit, i, in units of pounds per million Btu of 
          heat input. Determine the emission rate for particulate 
          matter, hydrogen chloride, or mercury by performance testing 
          according to Table 5 to this subpart, or by fuel analysis for 
          hydrogen chloride or mercury using the applicable equation in 
          Sec. 63.7530(c).
Hb = The heat input for that calendar month to unit, i, in units of 
          million Btu.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.

    (2) If you are not capable of monitoring heat input, you may use 
Equation 4 of this section as an alternative to using Equation 3 of this 
section to calculate the average weighted emission rate using the actual 
steam generation from the boilers participating in the emissions 
averaging option.
[GRAPHIC] [TIFF OMITTED] TR21MR11.003

Where:

AveWeightedEmissions = average weighted emission level for PM, hydrogen 
          chloride, or mercury, in units of pounds per million Btu of 
          heat input for that calendar month.
Er = Emission rate (as determined during the most recent compliance 
          demonstration of particulate matter, hydrogen chloride, or 
          mercury from unit, i, in units of pounds per million Btu of 
          heat input. Determine the emission rate for particulate 
          matter, hydrogen chloride, or mercury by performance testing 
          according to Table 5 to this subpart, or by fuel analysis for 
          hydrogen chloride or mercury using the applicable equation in 
          Sec. 63.7530(c).
Sa = Actual steam generation for that calendar month by boiler, i, in 
          units of pounds.
Cfi = Conversion factor, as calculated during the most recent compliance 
          test, in units of million Btu of heat input per pounds of 
          steam generated for boiler, i.
1.1 = Required discount factor.

    (3) Until 12 monthly weighted average emission rates have been 
accumulated, calculate and report only the average weighted emission 
rate determined under paragraph (f)(1) or (2) of this section for each 
calendar month. After 12 monthly weighted average emission rates have 
been accumulated, for each subsequent calendar month, use Equation 5 of 
this section to calculate the 12-month rolling average of the monthly 
weighted average emission rates for the current calendar month and the 
previous 11 calendar months.

[[Page 177]]

[GRAPHIC] [TIFF OMITTED] TR21MR11.004

Where:

Eavg = 12-month rolling average emission rate, (pounds per million Btu 
          heat input)
ERi = Monthly weighted average, for calendar month ``i'' (pounds per 
          million Btu heat input), as calculated by paragraph (f)(1) or 
          (2) of this section.

    (g) You must develop, and submit to the applicable delegated 
authority for review and approval, an implementation plan for emission 
averaging according to the following procedures and requirements in 
paragraphs (g)(1) through (4) of this section.
    (1) You must submit the implementation plan no later than 180 days 
before the date that the facility intends to demonstrate compliance 
using the emission averaging option.
    (2) You must include the information contained in paragraphs 
(g)(2)(i) through (vii) of this section in your implementation plan for 
all emission sources included in an emissions average:
    (i) The identification of all existing boilers and process heaters 
in the averaging group, including for each either the applicable HAP 
emission level or the control technology installed as of May 20, 2011 
and the date on which you are requesting emission averaging to commence;
    (ii) The process parameter (heat input or steam generated) that will 
be monitored for each averaging group;
    (iii) The specific control technology or pollution prevention 
measure to be used for each emission boiler or process heater in the 
averaging group and the date of its installation or application. If the 
pollution prevention measure reduces or eliminates emissions from 
multiple boilers or process heaters, the owner or operator must identify 
each boiler or process heater;
    (iv) The test plan for the measurement of particulate matter, 
hydrogen chloride, or mercury emissions in accordance with the 
requirements in Sec. 63.7520;
    (v) The operating parameters to be monitored for each control system 
or device consistent with Sec. 63.7500 and Table 4, and a description 
of how the operating limits will be determined;
    (vi) If you request to monitor an alternative operating parameter 
pursuant to Sec. 63.7525, you must also include:
    (A) A description of the parameter(s) to be monitored and an 
explanation of the criteria used to select the parameter(s); and
    (B) A description of the methods and procedures that will be used to 
demonstrate that the parameter indicates proper operation of the control 
device; the frequency and content of monitoring, reporting, and 
recordkeeping requirements; and a demonstration, to the satisfaction of 
the applicable delegated authority, that the proposed monitoring 
frequency is sufficient to represent control device operating 
conditions; and
    (vii) A demonstration that compliance with each of the applicable 
emission limit(s) will be achieved under representative operating load 
conditions. Following each compliance demonstration and until the next 
compliance demonstration, you must comply with the operating limit for 
operating load conditions specified in Table 4 to this subpart.
    (3) The delegated authority shall review and approve or disapprove 
the plan according to the following criteria:
    (i) Whether the content of the plan includes all of the information 
specified in paragraph (g)(2) of this section; and
    (ii) Whether the plan presents sufficient information to determine 
that compliance will be achieved and maintained.
    (4) The applicable delegated authority shall not approve an emission 
averaging implementation plan containing any of the following 
provisions:
    (i) Any averaging between emissions of differing pollutants or 
between differing sources; or
    (ii) The inclusion of any emission source other than an existing 
unit in the same subcategory.
    (h) For a group of two or more existing affected units, each of 
which vents through a single common stack, you may average particulate 
matter, hydrogen chloride, or mercury emissions to demonstrate 
compliance with the limits for that pollutant in Table 2 to this subpart 
if you satisfy the requirements in paragraph (i) or (j) of this section.
    (i) For a group of two or more existing units in the same 
subcategory, each of which vents through a common emissions control 
system to a common stack, that does not receive emissions from units in 
other subcategories or categories, you may treat such averaging group as 
a single existing unit for purposes of this subpart and comply with the 
requirements of this subpart as if the group were a single unit.
    (j) For all other groups of units subject to the common stack 
requirements of paragraph (h) of this section, including situations 
where the exhaust of affected units are each individually controlled and 
then sent to a common stack, the owner or operator may elect to:

[[Page 178]]

    (1) Conduct performance tests according to procedures specified in 
Sec. 63.7520 in the common stack if affected units from other 
subcategories vent to the common stack. The emission limits that the 
group must comply with are determined by the use of Equation 6 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR21MR11.005

Where:

En = HAP emission limit, pounds per million British thermal units (lb/
          MMBtu), parts per million (ppm), or nanograms per dry standard 
          cubic meter (ng/dscm).
ELi = Appropriate emission limit from Table 2 to this subpart for unit 
          i, in units of lb/MMBtu, ppm or ng/dscm.
Hi = Heat input from unit i, MMBtu.

    (2) Conduct performance tests according to procedures specified in 
Sec. 63.7520 in the common stack. If affected units and non-affected 
units vent to the common stack, the non-affected units must be shut down 
or vented to a different stack during the performance test unless the 
facility determines to demonstrate compliance with the non-affected 
units venting to the stack; and
    (3) Meet the applicable operating limit specified in Sec. 63.7540 
and Table 8 to this subpart for each emissions control system (except 
that, if each unit venting to the common stack has an applicable opacity 
operating limit, then a single continuous opacity monitoring system may 
be located in the common stack instead of in each duct to the common 
stack).
    (k) The common stack of a group of two or more existing boilers or 
process heaters in the same subcategory subject to paragraph (h) of this 
section may be treated as a separate stack for purposes of paragraph (b) 
of this section and included in an emissions averaging group subject to 
paragraph (b) of this section.



Sec. 63.7525  What are my monitoring, installation, operation, and 

          maintenance requirements?

    (a) If your boiler or process heater is subject to a carbon monoxide 
emission limit in Table 1, 2, or 12 to this subpart, you must install, 
operate, and maintain a continuous oxygen monitor according to the 
procedures in paragraphs (a)(1) through (6) of this section by the 
compliance date specified in Sec. 63.7495. The oxygen level shall be 
monitored at the outlet of the boiler or process heater.
    (1) Each CEMS for oxygen (O2 CEMS) must be installed, 
operated, and maintained according to the applicable procedures under 
Performance Specification 3 at 40 CFR part 60, appendix B, and according 
to the site-specific monitoring plan developed according to Sec. 
63.7505(d).
    (2) You must conduct a performance evaluation of each O2 
CEMS according to the requirements in Sec. 63.8(e) and according to 
Performance Specification 3 at 40 CFR part 60, appendix B.
    (3) Each O2 CEMS must complete a minimum of one cycle of 
operation (sampling, analyzing, and data recording) for each successive 
15-minute period.
    (4) The O2 CEMS data must be reduced as specified in 
Sec. 63.8(g)(2).
    (5) You must calculate and record 12-hour block average 
concentrations for each operating day.
    (6) For purposes of calculating data averages, you must use all the 
data collected during all periods in assessing compliance, excluding 
data collected during periods when the monitoring system malfunctions or 
is out of control, during associated repairs, and during required 
quality assurance or control activities (including, as applicable, 
calibration checks and required zero and span adjustments). Monitoring 
failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. Any period for which the monitoring 
system malfunctions or is out of control and data are not available for 
a required calculation constitutes a deviation from the monitoring 
requirements. Periods when data are unavailable because of required 
quality assurance or control activities (including, as applicable, 
calibration checks and required zero and span adjustments) do not 
constitute monitoring deviations.
    (b) If your boiler or process heater has a heat input capacity of 
greater than 250 MMBtu per hour and combusts coal, biomass, or residual 
oil, you must install, certify, maintain, and operate a CEMS measuring 
PM emissions discharged to the atmosphere and record the output of the 
system as specified in paragraphs (b)(1) through (5) of this section.
    (1) Each CEMS shall be installed, certified, operated, and 
maintained according to the requirements in Sec. 63.7540(a)(9).
    (2) For a new unit, the initial performance evaluation shall be 
completed no later than November 16, 2011 or 180 days after the date of 
initial startup, whichever is later. For an

[[Page 179]]

existing unit, the initial performance evaluation shall be completed no 
later than September 17, 2014.
    (3) Compliance with the applicable emissions limit shall be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emissions concentrations using the continuous monitoring system 
outlet data. The 30-day rolling arithmetic average emission 
concentration shall be calculated using EPA Reference Method 19 at 40 
CFR part 60, appendixA-7.
    (4) Collect CEMS hourly averages for all operating hours on a 30-day 
rolling average basis. Collect at least four CMS data values 
representing the four 15-minute periods in an hour, or at least two 15-
minute data values during an hour when CMS calibration, quality 
assurance, or maintenance activities are being performed.
    (5) The 1-hour arithmetic averages required shall be expressed in 
lb/MMBtu and shall be used to calculate the boiler operating day daily 
arithmetic average emissions.
    (c) If you have an applicable opacity operating limit in this rule, 
and are not otherwise required to install and operate a PM CEMS or a bag 
leak detection system, you must install, operate, certify and maintain 
each COMS according to the procedures in paragraphs (c)(1) through (7) 
of this section by the compliance date specified in Sec. 63.7495.
    (1) Each COMS must be installed, operated, and maintained according 
to Performance Specification 1 at appendix B to part 60 of this chapter.
    (2) You must conduct a performance evaluation of each COMS according 
to the requirements in Sec. 63.8(e) and according to Performance 
Specification 1 at appendix B to part 60 of this chapter.
    (3) As specified in Sec. 63.8(c)(4)(i), each COMS must complete a 
minimum of one cycle of sampling and analyzing for each successive 10-
second period and one cycle of data recording for each successive 6-
minute period.
    (4) The COMS data must be reduced as specified in Sec. 63.8(g)(2).
    (5) You must include in your site-specific monitoring plan 
procedures and acceptance criteria for operating and maintaining each 
COMS according to the requirements in Sec. 63.8(d). At a minimum, the 
monitoring plan must include a daily calibration drift assessment, a 
quarterly performance audit, and an annual zero alignment audit of each 
COMS.
    (6) You must operate and maintain each COMS according to the 
requirements in the monitoring plan and the requirements of Sec. 
63.8(e). You must identify periods the COMS is out of control including 
any periods that the COMS fails to pass a daily calibration drift 
assessment, a quarterly performance audit, or an annual zero alignment 
audit. Any 6-minute period for which the monitoring system is out of 
control and data are not available for a required calculation 
constitutes a deviation from the monitoring requirements.
    (7) You must determine and record all the 6-minute averages (and 
daily block averages as applicable) collected for periods during which 
the COMS is not out of control.
    (d) If you have an operating limit that requires the use of a CMS, 
you must install, operate, and maintain each continuous parameter 
monitoring system according to the procedures in paragraphs (d)(1) 
through (5) of this section by the compliance date specified in Sec. 
63.7495.
    (1) The continuous parameter monitoring system must complete a 
minimum of one cycle of operation for each successive 15-minute period. 
You must have a minimum of four successive cycles of operation to have a 
valid hour of data.
    (2) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must conduct all monitoring in continuous operation at all times 
that the unit is operating. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring to 
provide valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    (3) For purposes of calculating data averages, you must not use data 
recorded during monitoring malfunctions, associated repairs, out of 
control periods, or required quality assurance or control activities. 
You must use all the data collected during all other periods in 
assessing compliance. Any 15-minute period for which the monitoring 
system is out-of-control and data are not available for a required 
calculation constitutes a deviation from the monitoring requirements.
    (4) You must determine the 4-hour block average of all recorded 
readings, except as provided in paragraph (d)(3) of this section.
    (5) You must record the results of each inspection, calibration, and 
validation check.
    (e) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (d) and 
(e)(1) through (4) of this section.
    (1) You must install the flow sensor and other necessary equipment 
in a position that provides a representative flow.
    (2) You must use a flow sensor with a measurement sensitivity of no 
greater than 2 percent of the expected flow rate.
    (3) You must minimize the effects of swirling flow or abnormal 
velocity distributions due to upstream and downstream disturbances.
    (4) You must conduct a flow monitoring system performance evaluation 
in accordance with your monitoring plan at the time

[[Page 180]]

of each performance test but no less frequently than annually. (f) If 
you have an operating limit that requires the use of a pressure 
monitoring system, you must meet the requirements in paragraphs (d) and 
(f)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in you monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (g) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (d) and (g)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the pH of the operating limit) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than quarterly.
    (h) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator (ESP) 
operated with a wet scrubber, you must meet the requirements in 
paragraphs (h)(1) and (2) of this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (i) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (d) and (i)(1) through (2) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (j) If you are not required to use a PM CEMS and elect to use a 
fabric filter bag leak detection system to comply with the requirements 
of this subpart, you must install, calibrate, maintain, and continuously 
operate the bag leak detection system as specified in paragraphs (j)(1) 
through (7) of this section.
    (1) You must install a bag leak detection sensor(s) in a position(s) 
that will be representative of the relative or absolute particulate 
matter loadings for each exhaust stack, roof vent, or compartment (e.g., 
for a positive pressure fabric filter) of the fabric filter.
    (2) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec. 63.14).
    (3) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 10 milligrams per actual cubic meter or less.
    (4) Use a bag leak detection system equipped with a device to record 
continuously the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that will 
alert when an increase in relative particulate matter emissions over a 
preset level is detected. The alarm must be located where it can be 
easily heard or seen by plant operating personnel.
    (7) Where multiple bag leak detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (k) For each unit that meets the definition of limited-use boiler or 
process heater, you must monitor and record the operating hours per year 
for that unit.

[[Page 181]]



Sec. 63.7530  How do I demonstrate initial compliance with the emission 

          limitations, fuel specifications and work practice standards?

    (a) You must demonstrate initial compliance with each emission limit 
that applies to you by conducting initial performance tests and fuel 
analyses and establishing operating limits, as applicable, according to 
Sec. 63.7520, paragraphs (b) and (c) of this section, and Tables 5 and 
7 to this subpart. If applicable, you must also install, and operate, 
maintain all applicable CMS (including CEMS, COMS, and continuous 
parameter monitoring systems) according to Sec. 63.7525.
    (b) If you demonstrate compliance through performance testing, you 
must establish each site-specific operating limit in Table 4 to this 
subpart that applies to you according to the requirements in Sec. 
63.7520, Table 7 to this subpart, and paragraph (b)(3) of this section, 
as applicable. You must also conduct fuel analyses according to Sec. 
63.7521 and establish maximum fuel pollutant input levels according to 
paragraphs (b)(1) and (2) of this section, as applicable. As specified 
in Sec. 63.7510(a), if your affected source burns a single type of fuel 
(excluding supplemental fuels used for unit startup, shutdown, or 
transient flame stabilization), you are not required to perform the 
initial fuel analysis for each type of fuel burned in your boiler or 
process heater. However, if you switch fuel(s) and cannot show that the 
new fuel(s) do (does) not increase the chlorine or mercury input into 
the unit through the results of fuel analysis, then you must repeat the 
performance test to demonstrate compliance while burning the new 
fuel(s).
    (1) You must establish the maximum chlorine fuel input (Clinput) 
during the initial fuel analysis according to the procedures in 
paragraphs (b)(1)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
chlorine.
    (ii) During the fuel analysis for hydrogen chloride, you must 
determine the fraction of the total heat input for each fuel type burned 
(Qi) based on the fuel mixture that has the highest content of chlorine, 
and the average chlorine concentration of each fuel type burned (Ci).
    (iii) You must establish a maximum chlorine input level using 
Equation 7 of this section.
[GRAPHIC] [TIFF OMITTED] TR21MR11.006


Where:

Clinput = Maximum amount of chlorine entering the boiler or process 
          heater through fuels burned in units of pounds per million 
          Btu.
Ci = Arithmetic average concentration of chlorine in fuel type, i, 
          analyzed according to Sec. 63.7521, in units of pounds per 
          million Btu.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest content of chlorine. If you do 
          not burn multiple fuel types during the performance testing, 
          it is not necessary to determine the value of this term. 
          Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest content of 
          chlorine.

    (2) You must establish the maximum mercury fuel input level 
(Mercuryinput) during the initial fuel analysis using the procedures in 
paragraphs (b)(2)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
mercury.
    (ii) During the compliance demonstration for mercury, you must 
determine the fraction of total heat input for each fuel burned (Qi) 
based on the fuel mixture that has the highest content of mercury, and 
the average mercury concentration of each fuel type burned (HGi).
    (iii) You must establish a maximum mercury input level using 
Equation 8 of this section.
[GRAPHIC] [TIFF OMITTED] TR21MR11.007



[[Page 182]]


Where:

Mercuryinput = Maximum amount of mercury entering the boiler or process 
          heater through fuels burned in units of pounds per million 
          Btu.
HGi = Arithmetic average concentration of mercury in fuel type, i, 
          analyzed according to Sec. 63.7521, in units of pounds per 
          million Btu.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest mercury content. If you do not 
          burn multiple fuel types during the performance test, it is 
          not necessary to determine the value of this term. Insert a 
          value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest content of 
          mercury.

    (3) You must establish parameter operating limits according to 
paragraphs (b)(3)(i) through (iv) of this section.
    (i) For a wet scrubber, you must establish the minimum scrubber 
effluent pH, liquid flowrate, and pressure drop as defined in Sec. 
63.7575, as your operating limits during the three-run performance test. 
If you use a wet scrubber and you conduct separate performance tests for 
particulate matter, hydrogen chloride, and mercury emissions, you must 
establish one set of minimum scrubber effluent pH, liquid flowrate, and 
pressure drop operating limits. The minimum scrubber effluent pH 
operating limit must be established during the hydrogen chloride 
performance test. If you conduct multiple performance tests, you must 
set the minimum liquid flowrate and pressure drop operating limits at 
the highest minimum values established during the performance tests.
    (ii) For an electrostatic precipitator operated with a wet scrubber, 
you must establish the minimum voltage and secondary amperage (or total 
power input), as defined in Sec. 63.7575, as your operating limits 
during the three-run performance test. (These operating limits do not 
apply to electrostatic precipitators that are operated as dry controls 
without a wet scrubber.)
    (iii) For a dry scrubber, you must establish the minimum sorbent 
injection rate for each sorbent, as defined in Sec. 63.7575, as your 
operating limit during the three-run performance test.
    (iv) For activated carbon injection, you must establish the minimum 
activated carbon injection rate, as defined in Sec. 63.7575, as your 
operating limit during the three-run performance test.
    (v) The operating limit for boilers or process heaters with fabric 
filters that demonstrate continuous compliance through bag leak 
detection systems is that a bag leak detection system be installed 
according to the requirements in Sec. 63.7525, and that each fabric 
filter must be operated such that the bag leak detection system alarm 
does not sound more than 5 percent of the operating time during a 6-
month period.
    (c) If you elect to demonstrate compliance with an applicable 
emission limit through fuel analysis, you must conduct fuel analyses 
according to Sec. 63.7521 and follow the procedures in paragraphs 
(c)(1) through (4) of this section.
    (1) If you burn more than one fuel type, you must determine the fuel 
mixture you could burn in your boiler or process heater that would 
result in the maximum emission rates of the pollutants that you elect to 
demonstrate compliance through fuel analysis.
    (2) You must determine the 90th percentile confidence level fuel 
pollutant concentration of the composite samples analyzed for each fuel 
type using the one-sided z-statistic test described in Equation 9 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR21MR11.008


Where:

P90 = 90th percentile confidence level pollutant concentration, in 
          pounds per million Btu.
Mean = Arithmetic average of the fuel pollutant concentration in the 
          fuel samples analyzed according to Sec. 63.7521, in units of 
          pounds per million Btu.
SD = Standard deviation of the pollutant concentration in the fuel 
          samples analyzed according to Sec. 63.7521, in units of 
          pounds per million Btu.
T = t distribution critical value for 90th percentile (0.1) probability 
          for the appropriate degrees of freedom (number of samples 
          minus one) as obtained from a Distribution Critical Value 
          Table.

    (3) To demonstrate compliance with the applicable emission limit for 
hydrogen chloride, the hydrogen chloride emission rate that you 
calculate for your boiler or process heater using Equation 10 of this 
section must not exceed the applicable emission limit for hydrogen 
chloride.

[[Page 183]]

[GRAPHIC] [TIFF OMITTED] TR21MR11.009


Where:

HCl = Hydrogen chloride emission rate from the boiler or process heater 
          in units of pounds per million Btu.
Ci90 = 90th percentile confidence level concentration of chlorine in 
          fuel type, i, in units of pounds per million Btu as calculated 
          according to Equation 9 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest content of chlorine. If you do 
          not burn multiple fuel types, it is not necessary to determine 
          the value of this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest content of 
          chlorine.
1.028 = Molecular weight ratio of hydrogen chloride to chlorine.

    (4) To demonstrate compliance with the applicable emission limit for 
mercury, the mercury emission rate that you calculate for your boiler or 
process heater using Equation 11 of this section must not exceed the 
applicable emission limit for mercury.
[GRAPHIC] [TIFF OMITTED] TR21MR11.010


Where:

Mercury = Mercury emission rate from the boiler or process heater in 
          units of pounds per million Btu.
Hgi90 = 90th percentile confidence level concentration of mercury in 
          fuel, i, in units of pounds per million Btu as calculated 
          according to Equation 9 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest mercury content. If you do not 
          burn multiple fuel types, it is not necessary to determine the 
          value of this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest mercury content.

    (d) If you own or operate an existing unit with a heat input 
capacity of less than 10 million Btu per hour, you must submit a signed 
statement in the Notification of Compliance Status report that indicates 
that you conducted a tune-up of the unit.
    (e) You must include with the Notification of Compliance Status a 
signed certification that the energy assessment was completed according 
to Table 3 to this subpart and is an accurate depiction of your 
facility.
    (f) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.7545(e).
    (g) If you elect to demonstrate that a gaseous fuel meets the 
specifications of an other gas 1 fuel as defined in Sec. 63.7575, you 
must conduct an initial fuel specification analyses according to Sec. 
63.7521(f) through (i). If the mercury and hydrogen sulfide constituents 
in the gaseous fuels will never exceed the specifications included in 
the definition, you will include a signed certification with the 
Notification of Compliance Status that the initial fuel specification 
test meets the gas specifications outlined in the definition of other 
gas 1 fuels. If your gas constituents could vary above the 
specifications, you will conduct monthly testing according to the 
procedures in Sec. 63.7521(f) through (i) and Sec. 63.7540(c) and 
maintain records of the results of the testing as outlined in Sec. 
63.7555(g).
    (h) If you own or operate a unit subject emission limits in Tables 
1, 2, or 12 of this subpart, you must minimize the unit's startup and 
shutdown periods following the manufacturer's recommended procedures, if 
available. If manufacturer's recommended procedures are not available, 
you must follow recommended procedures for a unit of similar design for 
which manufacturer's recommended procedures are available. You must 
submit a signed statement in the Notification of Compliance Status 
report that indicates that you conducted startups and shutdowns 
according to the manufacturer's recommended procedures or procedures 
specified for a unit of similar design if manufacturer's recommended 
procedures are not available.

[[Page 184]]



Sec. 63.7533  Can I use emission credits earned from implementation of 

          energy conservation measures to comply with this subpart?

    (a) If you elect to comply with the alternative equivalent steam 
output-based emission limits, instead of the heat input-based limits, 
listed in Tables 1 and 2 of this subpart and you want to take credit for 
implementing energy conservation measures identified in an energy 
assessment, you may demonstrate compliance using emission reduction 
credits according to the procedures in this section. Owners or operators 
using this compliance approach must establish an emissions benchmark, 
calculate and document the emission credits, develop an Implementation 
Plan, comply with the general reporting requirements, and apply the 
emission credit according to the procedures in paragraphs (b) through 
(f) of this section.
    (b) For each existing affected boiler for which you intend to apply 
emissions credits, establish a benchmark from which emission reduction 
credits may be generated by determining the actual annual fuel heat 
input to the affected boiler before initiation of an energy conservation 
activity to reduce energy demand (i.e., fuel usage) according to 
paragraphs (b)(1) through (4) of this section. The benchmark shall be 
expressed in trillion Btu per year heat input.
    (1) The benchmark from which emission credits may be generated shall 
be determined by using the most representative, accurate, and reliable 
process available for the source. The benchmark shall be established for 
a one-year period before the date that an energy demand reduction 
occurs, unless it can be demonstrated that a different time period is 
more representative of historical operations.
    (2) Determine the starting point from which to measure progress. 
Inventory all fuel purchased and generated on-site (off-gases, residues) 
in physical units (MMBtu, million cubic feet, etc.).
    (3) Document all uses of energy from the affected boiler. Use the 
most recent data available.
    (4) Collect non-energy related facility and operational data to 
normalize, if necessary, the benchmark to current operations, such as 
building size, operating hours, etc. Use actual, not estimated, use 
data, if possible and data that are current and timely.
    (c) Emissions credits can be generated if the energy conservation 
measures were implemented after January 14, 2011 and if sufficient 
information is available to determine the appropriate value of credits.
    (1) The following emission points cannot be used to generate 
emissions averaging credits:
    (i) Energy conservation measures implemented on or before January 
14, 2011, unless the level of energy demand reduction is increased after 
January 14, 2011, in which case credit will be allowed only for change 
in demand reduction achieved after January 14, 2011.
    (ii) Emission credits on shut-down boilers. Boilers that are shut 
down cannot be used to generate credits.
    (2) For all points included in calculating emissions credits, the 
owner or operator shall:
    (i) Calculate annual credits for all energy demand points. Use 
Equation 12 to calculate credits. Energy conservation measures that meet 
the criteria of paragraph (c)(1) of this section shall not be included, 
except as specified in paragraph (c)(1)(i) of this section.
    (3) Credits are generated by the difference between the benchmark 
that is established for each affected boiler, and the actual energy 
demand reductions from energy conservation measures implemented after 
January 14, 2011. Credits shall be calculated using Equation 12 of this 
section as follows:
    (i) The overall equation for calculating credits is:
    [GRAPHIC] [TIFF OMITTED] TR21MR11.011
    

Where:

Credits = Energy Input Savings for all energy conservation measures 
          implemented for an affected boiler, million Btu per year.
EISiactual = Energy Input Savings for each energy 
          conservation measure implemented for an affected boiler, 
          million Btu per year.
EIbaseline = Energy Input for the affected boiler, million 
          Btu.
n = Number of energy conservation measures included in the emissions 
          credit for the affected boiler.

    (d) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all of the information required in this 
paragraph for all boilers to be included in an emissions credit 
approach. The Implementation Plan shall identify all existing affected 
boilers to be included in applying the emissions credits. The 
Implementation Plan

[[Page 185]]

shall include a description of the energy conservation measures 
implemented and the energy savings generated from each measure and an 
explanation of the criteria used for determining that savings. You must 
submit the implementation plan for emission credits to the applicable 
delegated authority for review and approval no later than 180 days 
before the date on which the facility intends to demonstrate compliance 
using the emission credit approach.
    (e) The emissions rate from each existing boiler participating in 
the emissions credit option must be in compliance with the limits in 
Table 2 to this subpart at all times following the compliance date 
specified in Sec. 63.7495.
    (f) You must demonstrate initial compliance according to paragraph 
(f)(1) or (2) of this section.
    (1) You must use Equation 13 of this section to demonstrate that the 
emissions from the affected boiler participating in the emissions credit 
compliance approach do not exceed the emission limits in Table 2 to this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR21MR11.012


Where:

Eadj = Emission level adjusted applying the emission credits 
          earned, lb per million Btu steam output for the affected 
          boiler.
Em = Emissions measured during the performance test, lb per 
          million Btu steam output for the affected boiler.
EC = Emission credits from equation 12 for the affected boiler.

                   Continuous Compliance Requirements



Sec. 63.7535  How do I monitor and collect data to demonstrate 

          continuous compliance?

    (a) You must monitor and collect data according to this section and 
the site-specific monitoring plan required by Sec. 63.7505(d).
    (b) You must operate the monitoring system and collect data at all 
required intervals at all times that the affected source is operating, 
except for periods of monitoring system malfunctions or out of control 
periods (see Sec. 63.8(c)(7) of this part), and required monitoring 
system quality assurance or control activities, including, as 
applicable, calibration checks and required zero and span adjustments. A 
monitoring system malfunction is any sudden, infrequent, not reasonably 
preventable failure of the monitoring system to provide valid data. 
Monitoring system failures that are caused in part by poor maintenance 
or careless operation are not malfunctions. You are required to effect 
monitoring system repairs in response to monitoring system malfunctions 
or out-of-control periods and to return the monitoring system to 
operation as expeditiously as practicable.
    (c) You may not use data recorded during monitoring system 
malfunctions or out-of-control periods, repairs associated with 
monitoring system malfunctions or out-of-control periods, or required 
monitoring system quality assurance or control activities in data 
averages and calculations used to report emissions or operating levels. 
You must use all the data collected during all other periods in 
assessing the operation of the control device and associated control 
system.
    (d) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.



Sec. 63.7540  How do I demonstrate continuous compliance with the 

          emission limitations, fuel specifications and work practice 

          standards?

    (a) You must demonstrate continuous compliance with each emission 
limit, operating limit, and work practice standard in Tables 1 through 3 
to this subpart that applies to you according to the methods specified 
in Table 8 to this subpart and paragraphs (a)(1) through (11) of this 
section.
    (1) Following the date on which the initial compliance demonstration 
is completed or is required to be completed under Sec. Sec. 63.7 and 
63.7510, whichever date comes first, operation above the established 
maximum or below the established minimum operating limits shall 
constitute a deviation of established operating limits listed in Table 4 
of this subpart except during performance tests conducted to determine 
compliance with the emission limits or to establish new operating 
limits. Operating limits must be confirmed or reestablished during 
performance tests.
    (2) As specified in Sec. 63.7550(c), you must keep records of the 
type and amount of all fuels burned in each boiler or process heater 
during the reporting period to demonstrate that all fuel types and 
mixtures of fuels burned would either result in lower emissions of 
hydrogen chloride and mercury than the applicable emission limit for 
each pollutant (if you demonstrate compliance through

[[Page 186]]

fuel analysis), or result in lower fuel input of chlorine and mercury 
than the maximum values calculated during the last performance test (if 
you demonstrate compliance through performance testing).
    (3) If you demonstrate compliance with an applicable hydrogen 
chloride emission limit through fuel analysis and you plan to burn a new 
type of fuel, you must recalculate the hydrogen chloride emission rate 
using Equation 9 of Sec. 63.7530 according to paragraphs (a)(3)(i) 
through (iii) of this section.
    (i) You must determine the chlorine concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec. 63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of chlorine.
    (iii) Recalculate the hydrogen chloride emission rate from your 
boiler or process heater under these new conditions using Equation 10 of 
Sec. 63.7530. The recalculated hydrogen chloride emission rate must be 
less than the applicable emission limit.
    (4) If you demonstrate compliance with an applicable hydrogen 
chloride emission limit through performance testing and you plan to burn 
a new type of fuel or a new mixture of fuels, you must recalculate the 
maximum chlorine input using Equation 7 of Sec. 63.7530. If the results 
of recalculating the maximum chlorine input using Equation 7 of Sec. 
63.7530 are greater than the maximum chlorine input level established 
during the previous performance test, then you must conduct a new 
performance test within 60 days of burning the new fuel type or fuel 
mixture according to the procedures in Sec. 63.7520 to demonstrate that 
the hydrogen chloride emissions do not exceed the emission limit. You 
must also establish new operating limits based on this performance test 
according to the procedures in Sec. 63.7530(b).
    (5) If you demonstrate compliance with an applicable mercury 
emission limit through fuel analysis, and you plan to burn a new type of 
fuel, you must recalculate the mercury emission rate using Equation 11 
of Sec. 63.7530 according to the procedures specified in paragraphs 
(a)(5)(i) through (iii) of this section.
    (i) You must determine the mercury concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec. 63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of mercury.
    (iii) Recalculate the mercury emission rate from your boiler or 
process heater under these new conditions using Equation 11 of Sec. 
63.7530. The recalculated mercury emission rate must be less than the 
applicable emission limit.
    (6) If you demonstrate compliance with an applicable mercury 
emission limit through performance testing, and you plan to burn a new 
type of fuel or a new mixture of fuels, you must recalculate the maximum 
mercury input using Equation 8 of Sec. 63.7530. If the results of 
recalculating the maximum mercury input using Equation 8 of Sec. 
63.7530 are higher than the maximum mercury input level established 
during the previous performance test, then you must conduct a new 
performance test within 60 days of burning the new fuel type or fuel 
mixture according to the procedures in Sec. 63.7520 to demonstrate that 
the mercury emissions do not exceed the emission limit. You must also 
establish new operating limits based on this performance test according 
to the procedures in Sec. 63.7530(b).
    (7) If your unit is controlled with a fabric filter, and you 
demonstrate continuous compliance using a bag leak detection system, you 
must initiate corrective action within 1 hour of a bag leak detection 
system alarm and complete corrective actions as soon as practical, and 
operate and maintain the fabric filter system such that the alarm does 
not sound more than 5 percent of the operating time during a 6-month 
period. You must also keep records of the date, time, and duration of 
each alarm, the time corrective action was initiated and completed, and 
a brief description of the cause of the alarm and the corrective action 
taken. You must also record the percent of the operating time during 
each 6-month period that the alarm sounds. In calculating this operating 
time percentage, if inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted. If corrective 
action is required, each alarm shall be counted as a minimum of 1 hour. 
If you take longer than 1 hour to initiate corrective action, the alarm 
time shall be counted as the actual amount of time taken to initiate 
corrective action.
    (8) [Reserved]
    (9) The owner or operator of an affected source using a CEMS 
measuring PM emissions to meet requirements of this subpart shall 
install, certify, operate, and maintain the PM CEMS as specified in 
paragraphs (a)(9)(i) through (a)(9)(iv) of this section.
    (i) The owner or operator shall conduct a performance evaluation of 
the PM CEMS according to the applicable requirements of Sec. 60.13, and 
Performance Specification 11 at 40 CFR part 60, appendix B of this 
chapter.
    (ii) During each PM correlation testing run of the CEMS required by 
Performance Specification 11 at 40 CFR part 60, appendix B of this 
chapter, PM and oxygen (or carbon dioxide) data shall be collected 
concurrently (or within a 30-to 60-minute period) by both the CEMS and 
conducting performance tests

[[Page 187]]

using Method 5 or 5B at 40 CFR part 60, appendix A-3 or Method 17 at 40 
CFR part 60, appendix A-6 of this chapter.
    (iii) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 2 at 40 CFR part 
60, appendix F of this chapter. Relative Response Audits must be 
performed annually and Response Correlation Audits must be performed 
every 3 years.
    (iv) After December 31, 2011, within 60 days after the date of 
completing each CEMS relative accuracy test audit or performance test 
conducted to demonstrate compliance with this subpart, you must submit 
the relative accuracy test audit data and performance test data to EPA 
by successfully submitting the data electronically into EPA's Central 
Data Exchange by using the Electronic Reporting Tool (see http://
www.epa.gov/ttn/chief/ert/ert tool.html/).
    (10) If your boiler or process heater is in either the natural gas, 
refinery gas, other gas 1, or Metal Process Furnace subcategories and 
has a heat input capacity of 10 million Btu per hour or greater, you 
must conduct a tune-up of the boiler or process heater annually to 
demonstrate continuous compliance as specified in paragraphs (a)(10)(i) 
through (a)(10)(vi) of this section. This requirement does not apply to 
limited-use boilers and process heaters, as defined in Sec. 63.7575.
    (i) As applicable, inspect the burner, and clean or replace any 
components of the burner as necessary (you may delay the burner 
inspection until the next scheduled unit shutdown, but you must inspect 
each burner at least once every 36 months);
    (ii) Inspect the flame pattern, as applicable, and adjust the burner 
as necessary to optimize the flame pattern. The adjustment should be 
consistent with the manufacturer's specifications, if available;
    (iii) Inspect the system controlling the air-to-fuel ratio, as 
applicable, and ensure that it is correctly calibrated and functioning 
properly;
    (iv) Optimize total emissions of carbon monoxide. This optimization 
should be consistent with the manufacturer's specifications, if 
available;
    (v) Measure the concentrations in the effluent stream of carbon 
monoxide in parts per million, by volume, and oxygen in volume percent, 
before and after the adjustments are made (measurements may be either on 
a dry or wet basis, as long as it is the same basis before and after the 
adjustments are made); and
    (vi) Maintain on-site and submit, if requested by the Administrator, 
an annual report containing the information in paragraphs (a)(10)(vi)(A) 
through (C) of this section,
    (A) The concentrations of carbon monoxide in the effluent stream in 
parts per million by volume, and oxygen in volume percent, measured 
before and after the adjustments of the boiler;
    (B) A description of any corrective actions taken as a part of the 
combustion adjustment; and
    (C) The type and amount of fuel used over the 12 months prior to the 
annual adjustment, but only if the unit was physically and legally 
capable of using more than one type of fuel during that period. Units 
sharing a fuel meter may estimate the fuel use by each unit.
    (11) If your boiler or process heater has a heat input capacity of 
less than 10 million Btu per hour, or meets the definition of limited-
use boiler or process heater in Sec. 63.7575, you must conduct a 
biennial tune-up of the boiler or process heater as specified in 
paragraphs (a)(10)(i) through (a)(10)(vi) of this section to demonstrate 
continuous compliance.
    (12) If the unit is not operating on the required date for a tune-
up, the tune-up must be conducted within one week of startup.
    (b) You must report each instance in which you did not meet each 
emission limit and operating limit in Tables 1 through 4 to this subpart 
that apply to you. These instances are deviations from the emission 
limits in this subpart. These deviations must be reported according to 
the requirements in Sec. 63.7550.
    (c) If you elected to demonstrate that the unit meets the 
specifications for hydrogen sulfide and mercury for the other gas 1 
subcategory and you cannot submit a signed certification under Sec. 
63.7545(g) because the constituents could exceed the specifications, you 
must conduct monthly fuel specification testing of the gaseous fuels, 
according to the procedures in Sec. 63.7521(f) through (i).



Sec. 63.7541  How do I demonstrate continuous compliance under the 

          emissions averaging provision?

    (a) Following the compliance date, the owner or operator must 
demonstrate compliance with this subpart on a continuous basis by 
meeting the requirements of paragraphs (a)(1) through (5) of this 
section.
    (1) For each calendar month, demonstrate compliance with the average 
weighted emissions limit for the existing units participating in the 
emissions averaging option as determined in Sec. 63.7522(f) and (g).
    (2) You must maintain the applicable opacity limit according to 
paragraphs (a)(2)(i) and (ii) of this section.
    (i) For each existing unit participating in the emissions averaging 
option that is equipped with a dry control system and not vented to a 
common stack, maintain opacity at or below the applicable limit.
    (ii) For each group of units participating in the emissions 
averaging option where each unit in the group is equipped with a dry 
control system and vented to a common stack

[[Page 188]]

that does not receive emissions from non-affected units, maintain 
opacity at or below the applicable limit at the common stack.
    (3) For each existing unit participating in the emissions averaging 
option that is equipped with a wet scrubber, maintain the 3-hour average 
parameter values at or below the operating limits established during the 
most recent performance test.
    (4) For each existing unit participating in the emissions averaging 
option that has an approved alternative operating plan, maintain the 3-
hour average parameter values at or below the operating limits 
established in the most recent performance test.
    (5) For each existing unit participating in the emissions averaging 
option venting to a common stack configuration containing affected units 
from other subcategories, maintain the appropriate operating limit for 
each unit as specified in Table 4 to this subpart that applies.
    (b) Any instance where the owner or operator fails to comply with 
the continuous monitoring requirements in paragraphs (a)(1) through (5) 
of this section is a deviation.

                   Notification, Reports, and Records



Sec. 63.7545  What notifications must I submit and when?

    (a) You must submit to the delegated authority all of the 
notifications in Sec. 63.7(b) and (c), Sec. 63.8(e), (f)(4) and (6), 
and Sec. 63.9(b) through (h) that apply to you by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before May 20, 2011, you must submit an Initial Notification not 
later than 120 days after May 20, 2011.
    (c) As specified in Sec. 63.9(b)(4) and (b)(5), if you startup your 
new or reconstructed affected source on or after May 20, 2011, you must 
submit an Initial Notification not later than 15 days after the actual 
date of startup of the affected source.
    (d) If you are required to conduct a performance test you must 
submit a Notification of Intent to conduct a performance test at least 
60 days before the performance test is scheduled to begin.
    (e) If you are required to conduct an initial compliance 
demonstration as specified in Sec. 63.7530(a), you must submit a 
Notification of Compliance Status according to Sec. 63.9(h)(2)(ii). For 
the initial compliance demonstration for each affected source, you must 
submit the Notification of Compliance Status, including all performance 
test results and fuel analyses, before the close of business on the 60th 
day following the completion of all performance test and/or other 
initial compliance demonstrations for the affected source according to 
Sec. 63.10(d)(2). The Notification of Compliance Status report must 
contain all the information specified in paragraphs (e)(1) through (8), 
as applicable.
    (1) A description of the affected unit(s) including identification 
of which subcategory the unit is in, the design heat input capacity of 
the unit, a description of the add-on controls used on the unit, 
description of the fuel(s) burned, including whether the fuel(s) were 
determined by you or EPA through a petition process to be a non-waste 
under Sec. 241.3, whether the fuel(s) were processed from discarded 
non-hazardous secondary materials within the meaning of Sec. 241.3, and 
justification for the selection of fuel(s) burned during the compliance 
demonstration.
    (2) Summary of the results of all performance tests and fuel 
analyses, and calculations conducted to demonstrate initial compliance 
including all established operating limits.
    (3) A summary of the maximum carbon monoxide emission levels 
recorded during the performance test to show that you have met any 
applicable emission standard in Table 1, 2, or 12 to this subpart.
    (4) Identification of whether you plan to demonstrate compliance 
with each applicable emission limit through performance testing or fuel 
analysis.
    (5) Identification of whether you plan to demonstrate compliance by 
emissions averaging and identification of whether you plan to 
demonstrate compliance by using emission credits through energy 
conservation:
    (i) If you plan to demonstrate compliance by emission averaging, 
report the emission level that was being achieved or the control 
technology employed on May 20, 2011.
    (6) A signed certification that you have met all applicable emission 
limits and work practice standards.
    (7) If you had a deviation from any emission limit, work practice 
standard, or operating limit, you must also submit a description of the 
deviation, the duration of the deviation, and the corrective action 
taken in the Notification of Compliance Status report.
    (8) In addition to the information required in Sec. 63.9(h)(2), 
your notification of compliance status must include the following 
certification(s) of compliance, as applicable, and signed by a 
responsible official:
    (i) ``This facility complies with the requirements in Sec. 
63.7540(a)(10) to conduct an annual or biennial tune-up, as applicable, 
of each unit.''
    (ii) ``This facility has had an energy assessment performed 
according to Sec. 63.7530(e).''
    (iii) Except for units that qualify for a statutory exemption as 
provided in section 129(g)(1) of the Clean Air Act, include the 
following: ``No secondary materials that are solid waste were combusted 
in any affected unit.''
    (f) If you operate a unit designed to burn natural gas, refinery 
gas, or other gas 1 fuels

[[Page 189]]

that is subject to this subpart, and you intend to use a fuel other than 
natural gas, refinery gas, or other gas 1 fuel to fire the affected unit 
during a period of natural gas curtailment or supply interruption, as 
defined in Sec. 63.7575, you must submit a notification of alternative 
fuel use within 48 hours of the declaration of each period of natural 
gas curtailment or supply interruption, as defined in Sec. 63.7575. The 
notification must include the information specified in paragraphs (f)(1) 
through (5) of this section.
    (1) Company name and address.
    (2) Identification of the affected unit.
    (3) Reason you are unable to use natural gas or equivalent fuel, 
including the date when the natural gas curtailment was declared or the 
natural gas supply interruption began.
    (4) Type of alternative fuel that you intend to use.
    (5) Dates when the alternative fuel use is expected to begin and 
end.
    (g) If you intend to commence or recommence combustion of solid 
waste, you must provide 30 days prior notice of the date upon which you 
will commence or recommence combustion of solid waste. The notification 
must identify:
    (1) The name of the owner or operator of the affected source, the 
location of the source, the boiler(s) or process heater(s) that will 
commence burning solid waste, and the date of the notice.
    (2) The currently applicable subcategory under this subpart.
    (3) The date on which you became subject to the currently applicable 
emission limits.
    (4) The date upon which you will commence combusting solid waste.
    (h) If you intend to switch fuels, and this fuel switch may result 
in the applicability of a different subcategory, you must provide 30 
days prior notice of the date upon which you will switch fuels. The 
notification must identify:
    (1) The name of the owner or operator of the affected source, the 
location of the source, the boiler(s) that will switch fuels, and the 
date of the notice.
    (2) The currently applicable subcategory under this subpart.
    (3) The date on which you became subject to the currently applicable 
standards.
    (4) The date upon which you will commence the fuel switch.



Sec. 63.7550  What reports must I submit and when?

    (a) You must submit each report in Table 9 to this subpart that 
applies to you.
    (b) Unless the EPA Administrator has approved a different schedule 
for submission of reports under Sec. 63.10(a), you must submit each 
report by the date in Table 9 to this subpart and according to the 
requirements in paragraphs (b)(1) through (5) of this section. For units 
that are subject only to a requirement to conduct an annual or biennial 
tune-up according to Sec. 63.7540(a)(10) or (a)(11), respectively, and 
not subject to emission limits or operating limits, you may submit only 
an annual or biennial compliance report, as applicable, as specified in 
paragraphs (b)(1) through (5) of this section, instead of a semi-annual 
compliance report.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.7495 and ending on June 30 or December 31, whichever date is the 
first date that occurs at least 180 days (or 1 or 2 year, as applicable, 
if submitting an annual or biennial compliance report) after the 
compliance date that is specified for your source in Sec. 63.7495.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date is the first date 
following the end of the first calendar half after the compliance date 
that is specified for your source in Sec. 63.7495. The first annual or 
biennial compliance report must be postmarked no later than January 31.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31. Annual and biennial 
compliance reports must cover the applicable one or two year periods 
from January 1 to December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period. Annual 
and biennial compliance reports must be postmarked no later than January 
31.
    (5) For each affected source that is subject to permitting 
regulations pursuant to part 70 or part 71 of this chapter, and if the 
delegated authority has established dates for submitting semiannual 
reports pursuant to Sec. 70.6(a)(3)(iii)(A) or Sec. 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the delegated authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (c) The compliance report must contain the information required in 
paragraphs (c)(1) through (13) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) The total fuel use by each affected source subject to an 
emission limit, for each calendar month within the semiannual (or annual 
or biennial) reporting period, including, but not limited to, a 
description of the

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fuel, whether the fuel has received a non-waste determination by EPA or 
your basis for concluding that the fuel is not a waste, and the total 
fuel usage amount with units of measure.
    (5) A summary of the results of the annual performance tests for 
affected sources subject to an emission limit, a summary of any fuel 
analyses associated with performance tests, and documentation of any 
operating limits that were reestablished during this test, if 
applicable. If you are conducting performance tests once every 3 years 
consistent with Sec. 63.7515(b) or (c), the date of the last 2 
performance tests, a comparison of the emission level you achieved in 
the last 2 performance tests to the 75 percent emission limit threshold 
required in Sec. 63.7515(b) or (c), and a statement as to whether there 
have been any operational changes since the last performance test that 
could increase emissions.
    (6) A signed statement indicating that you burned no new types of 
fuel in an affected source subject to an emission limit. Or, if you did 
burn a new type of fuel and are subject to a hydrogen chloride emission 
limit, you must submit the calculation of chlorine input, using Equation 
5 of Sec. 63.7530, that demonstrates that your source is still within 
its maximum chlorine input level established during the previous 
performance testing (for sources that demonstrate compliance through 
performance testing) or you must submit the calculation of hydrogen 
chloride emission rate using Equation 10 of Sec. 63.7530 that 
demonstrates that your source is still meeting the emission limit for 
hydrogen chloride emissions (for boilers or process heaters that 
demonstrate compliance through fuel analysis). If you burned a new type 
of fuel and are subject to a mercury emission limit, you must submit the 
calculation of mercury input, using Equation 8 of Sec. 63.7530, that 
demonstrates that your source is still within its maximum mercury input 
level established during the previous performance testing (for sources 
that demonstrate compliance through performance testing), or you must 
submit the calculation of mercury emission rate using Equation 11 of 
Sec. 63.7530 that demonstrates that your source is still meeting the 
emission limit for mercury emissions (for boilers or process heaters 
that demonstrate compliance through fuel analysis).
    (7) If you wish to burn a new type of fuel in an affected source 
subject to an emission limit and you cannot demonstrate compliance with 
the maximum chlorine input operating limit using Equation 7 of Sec. 
63.7530 or the maximum mercury input operating limit using Equation 8 of 
Sec. 63.7530, you must include in the compliance report a statement 
indicating the intent to conduct a new performance test within 60 days 
of starting to burn the new fuel.
    (8) A summary of any monthly fuel analyses conducted to demonstrate 
compliance according to Sec. Sec. 63.7521 and 63.7530 for affected 
sources subject to emission limits, and any fuel specification analyses 
conducted according to Sec. 63.7521(f) and Sec. 63.7530(g).
    (9) If there are no deviations from any emission limits or operating 
limits in this subpart that apply to you, a statement that there were no 
deviations from the emission limits or operating limits during the 
reporting period.
    (10) If there were no deviations from the monitoring requirements 
including no periods during which the CMSs, including CEMS, COMS, and 
continuous parameter monitoring systems, were out of control as 
specified in Sec. 63.8(c)(7), a statement that there were no deviations 
and no periods during which the CMS were out of control during the 
reporting period.
    (11) If a malfunction occurred during the reporting period, the 
report must include the number, duration, and a brief description for 
each type of malfunction which occurred during the reporting period and 
which caused or may have caused any applicable emission limitation to be 
exceeded. The report must also include a description of actions taken by 
you during a malfunction of a boiler, process heater, or associated air 
pollution control device or CMS to minimize emissions in accordance with 
Sec. 63.7500(a)(3), including actions taken to correct the malfunction.
    (12) Include the date of the most recent tune-up for each unit 
subject to only the requirement to conduct an annual or biennial tune-up 
according to Sec. 63.7540(a)(10) or (a)(11), respectively. Include the 
date of the most recent burner inspection if it was not done annually or 
biennially and was delayed until the next scheduled unit shutdown.
    (13) If you plan to demonstrate compliance by emission averaging, 
certify the emission level achieved or the control technology employed 
is no less stringent that the level or control technology contained in 
the notification of compliance status in Sec. 63.7545(e)(5)(i).
    (d) For each deviation from an emission limit or operating limit in 
this subpart that occurs at an affected source where you are not using a 
CMS to comply with that emission limit or operating limit, the 
compliance report must additionally contain the information required in 
paragraphs (d)(1) through (4) of this section.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) A description of the deviation and which emission limit or 
operating limit from which you deviated.
    (3) Information on the number, duration, and cause of deviations 
(including unknown cause), as applicable, and the corrective action 
taken.

[[Page 191]]

    (4) A copy of the test report if the annual performance test showed 
a deviation from the emission limits.
    (e) For each deviation from an emission limit, operating limit, and 
monitoring requirement in this subpart occurring at an affected source 
where you are using a CMS to comply with that emission limit or 
operating limit, you must include the information required in paragraphs 
(e)(1) through (12) of this section. This includes any deviations from 
your site-specific monitoring plan as required in Sec. 63.7505(d).
    (1) The date and time that each deviation started and stopped and 
description of the nature of the deviation (i.e., what you deviated 
from).
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out of control, 
including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped.
    (5) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (6) An analysis of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of CMS's downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (8) An identification of each parameter that was monitored at the 
affected source for which there was a deviation.
    (9) A brief description of the source for which there was a 
deviation.
    (10) A brief description of each CMS for which there was a 
deviation.
    (11) The date of the latest CMS certification or audit for the 
system for which there was a deviation.
    (12) A description of any changes in CMSs, processes, or controls 
since the last reporting period for the source for which there was a 
deviation.
    (f) Each affected source that has obtained a Title V operating 
permit pursuant to part 70 or part 71 of this chapter must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by Sec. 70.6(a)(3)(iii)(A) or Sec. 71.6(a)(3)(iii)(A). 
If an affected source submits a compliance report pursuant to Table 9 to 
this subpart along with, or as part of, the semiannual monitoring report 
required by Sec. 70.6(a)(3)(iii)(A) or Sec. 71.6(a)(3)(iii)(A), and 
the compliance report includes all required information concerning 
deviations from any emission limit, operating limit, or work practice 
requirement in this subpart, submission of the compliance report 
satisfies any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a compliance report does not 
otherwise affect any obligation the affected source may have to report 
deviations from permit requirements to the delegated authority.
    (g) [Reserved]
    (h) As of January 1, 2012 and within 60 days after the date of 
completing each performance test, as defined in Sec. 63.2, conducted to 
demonstrate compliance with this subpart, you must submit relative 
accuracy test audit (i.e., reference method) data and performance test 
(i.e., compliance test) data, except opacity data, electronically to 
EPA's Central Data Exchange (CDX) by using the Electronic Reporting Tool 
(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.



Sec. 63.7555  What records must I keep?

    (a) You must keep records according to paragraphs (a)(1) and (2) of 
this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status or semiannual 
compliance report that you submitted, according to the requirements in 
Sec. 63.10(b)(2)(xiv).
    (2) Records of performance tests, fuel analyses, or other compliance 
demonstrations and performance evaluations as required in Sec. 
63.10(b)(2)(viii).
    (b) For each CEMS, COMS, and continuous monitoring system you must 
keep records according to paragraphs (b)(1) through (5) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vii) through (xi).
    (2) Monitoring data for continuous opacity monitoring system during 
a performance evaluation as required in Sec. 63.6(h)(7)(i) and (ii).
    (3) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (4) Request for alternatives to relative accuracy test for CEMS as 
required in Sec. 63.8(f)(6)(i).
    (5) Records of the date and time that each deviation started and 
stopped.
    (c) You must keep the records required in Table 8 to this subpart 
including records of all monitoring data and calculated averages for 
applicable operating limits, such as opacity, pressure drop, pH, and 
operating load, to show continuous compliance with each emission limit 
and operating limit that applies to you.

[[Page 192]]

    (d) For each boiler or process heater subject to an emission limit 
in Table 1, 2 or 12 to this subpart, you must also keep the applicable 
records in paragraphs (d)(1) through (8) of this section.
    (1) You must keep records of monthly fuel use by each boiler or 
process heater, including the type(s) of fuel and amount(s) used.
    (2) If you combust non-hazardous secondary materials that have been 
determined not to be solid waste pursuant to Sec. 41.3(b)(1), you must 
keep a record which documents how the secondary material meets each of 
the legitimacy criteria. If you combust a fuel that has been processed 
from a discarded non-hazardous secondary material pursuant to Sec. 
241.3(b)(4), you must keep records as to how the operations that 
produced the fuel satisfies the definition of processing in Sec. 241.2. 
If the fuel received a non-waste determination pursuant to the petition 
process submitted under Sec. 241.3(c), you must keep a record that 
documents how the fuel satisfies the requirements of the petition 
process.
    (3) You must keep records of monthly hours of operation by each 
boiler or process heater that meets the definition of limited-use boiler 
or process heater.
    (4) A copy of all calculations and supporting documentation of 
maximum chlorine fuel input, using Equation 7 of Sec. 63.7530, that 
were done to demonstrate continuous compliance with the hydrogen 
chloride emission limit, for sources that demonstrate compliance through 
performance testing. For sources that demonstrate compliance through 
fuel analysis, a copy of all calculations and supporting documentation 
of hydrogen chloride emission rates, using Equation 10 of Sec. 63.7530, 
that were done to demonstrate compliance with the hydrogen chloride 
emission limit. Supporting documentation should include results of any 
fuel analyses and basis for the estimates of maximum chlorine fuel input 
or hydrogen chloride emission rates. You can use the results from one 
fuel analysis for multiple boilers and process heaters provided they are 
all burning the same fuel type. However, you must calculate chlorine 
fuel input, or hydrogen chloride emission rate, for each boiler and 
process heater.
    (5) A copy of all calculations and supporting documentation of 
maximum mercury fuel input, using Equation 8 of Sec. 63.7530, that were 
done to demonstrate continuous compliance with the mercury emission 
limit for sources that demonstrate compliance through performance 
testing. For sources that demonstrate compliance through fuel analysis, 
a copy of all calculations and supporting documentation of mercury 
emission rates, using Equation 11 of Sec. 63.7530, that were done to 
demonstrate compliance with the mercury emission limit. Supporting 
documentation should include results of any fuel analyses and basis for 
the estimates of maximum mercury fuel input or mercury emission rates. 
You can use the results from one fuel analysis for multiple boilers and 
process heaters provided they are all burning the same fuel type. 
However, you must calculate mercury fuel input, or mercury emission 
rates, for each boiler and process heater.
    (6) If, consistent with Sec. 63.7515(b) and (c), you choose to 
stack test less frequently than annually, you must keep annual records 
that document that your emissions in the previous stack test(s) were 
less than 75 percent of the applicable emission limit, and document that 
there was no change in source operations including fuel composition and 
operation of air pollution control equipment that would cause emissions 
of the relevant pollutant to increase within the past year.
    (7) Records of the occurrence and duration of each malfunction of 
the boiler or process heater, or of the associated air pollution control 
and monitoring equipment.
    (8) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with the general duty to minimize 
emissions in Sec. 63.7500(a)(3), including corrective actions to 
restore the malfunctioning boiler or process heater, air pollution 
control, or monitoring equipment to its normal or usual manner of 
operation.
    (e) If you elect to average emissions consistent with Sec. 63.7522, 
you must additionally keep a copy of the emission averaging 
implementation plan required in Sec. 63.7522(g), all calculations 
required under Sec. 63.7522, including monthly records of heat input or 
steam generation, as applicable, and monitoring records consistent with 
Sec. 63.7541.
    (f) If you elect to use emission credits from energy conservation 
measures to demonstrate compliance according to Sec. 63.7533, you must 
keep a copy of the Implementation Plan required in Sec. 63.7533(d) and 
copies of all data and calculations used to establish credits according 
to Sec. 63.7533(b), (c), and (f).
    (g) If you elected to demonstrate that the unit meets the 
specifications for hydrogen sulfide and mercury for the other gas 1 
subcategory and you cannot submit a signed certification under Sec. 
63.7545(g) because the constituents could exceed the specifications, you 
must maintain monthly records of the calculations and results of the 
fuel specifications for mercury and hydrogen sulfide in Table 6.
    (h) If you operate a unit designed to burn natural gas, refinery 
gas, or other gas 1 fuel that is subject to this subpart, and you use an 
alternative fuel other than natural gas, refinery gas, or other gas 1 
fuel, you must keep records of the total hours per calendar year that 
alternative fuel is burned.

[[Page 193]]



Sec. 63.7560  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site, or they must be accessible 
from on site (for example, through a computer network), for at least 2 
years after the date of each occurrence, measurement, maintenance, 
corrective action, report, or record, according to Sec. 63.10(b)(1). 
You can keep the records off site for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7565  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.7570  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency (as well as EPA) has the authority to 
implement and enforce this subpart. You should contact your EPA Regional 
Office to find out if this subpart is delegated to your State, local, or 
tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities listed in paragraphs (b)(1) through (5) of 
this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency, however, EPA retains 
oversight of this subpart and can take enforcement actions, as 
appropriate.
    (1) Approval of alternatives to the non-opacity emission limits and 
work practice standards in Sec. 63.7500(a) and (b) under Sec. 63.6(g).
    (2) Approval of alternative opacity emission limits in Sec. 
63.7500(a) under Sec. 63.6(h)(9).
    (3) Approval of major change to test methods in Table 5 to this 
subpart under Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 
63.90, and alternative analytical methods requested under Sec. 
63.7521(b)(2).
    (4) Approval of major change to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90, and approval of alternative operating 
parameters under Sec. 63.7500(a)(2) and Sec. 63.7522(g)(2).
    (5) Approval of major change to recordkeeping and reporting under 
Sec. 63.10(e) and as defined in Sec. 63.90.



Sec. 63.7575  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2 (the General Provisions), and in this section as follows:
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or 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.
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Bag leak detection system means a group of instruments that are 
capable of monitoring particulate matter loadings in the exhaust of a 
fabric filter (i.e., baghouse) in order to detect bag failures. A bag 
leak detection system includes, but is not limited to, an instrument 
that operates on electrodynamic, triboelectric, light scattering, light 
transmittance, or other principle to monitor relative particulate matter 
loadings.
    Benchmarking means a process of comparison against standard or 
average.
    Biomass or bio-based solid fuel means any biomass-based solid fuel 
that is not a solid waste. This includes, but is not limited to, wood 
residue; wood products (e.g., trees, tree stumps, tree limbs, bark, 
lumber, sawdust, sander dust, chips, scraps, slabs, millings, and 
shavings); animal manure, including litter and other bedding materials; 
vegetative agricultural and silvicultural materials, such as logging 
residues (slash), nut and grain hulls and chaff (e.g., almond, walnut, 
peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee 
bean hulls and grounds. This definition of biomass is not intended to 
suggest that these materials are or are not solid waste.
    Blast furnace gas fuel-fired boiler or process heater means an 
industrial/commercial/institutional boiler or process heater that 
receives 90 percent or more of its total annual gas volume from blast 
furnace gas.
    Boiler means an enclosed device using controlled flame combustion 
and having the primary purpose of recovering thermal energy in the form 
of steam or hot water. Controlled flame combustion refers to a steady-
state, or near steady-state, process wherein fuel and/or oxidizer feed 
rates are controlled. A device combusting solid waste, as defined in 
Sec. 241.3, is not a boiler unless the device is exempt from the 
definition of a solid waste incineration unit as provided in section 
129(g)(1) of the Clean Air Act. Waste heat boilers are excluded from 
this definition.
    Boiler system means the boiler and associated components, such as, 
the feed water system, the combustion air system, the fuel system 
(including burners), blowdown system, combustion control system, and 
energy consuming systems.

[[Page 194]]

    Calendar year means the period between January 1 and December 31, 
inclusive, for a given year.
    Coal means all solid fuels classifiable as anthracite, bituminous, 
sub-bituminous, or lignite by ASTM D388 (incorporated by reference, see 
Sec. 63.14), coal refuse, and petroleum coke. For the purposes of this 
subpart, this definition of ``coal'' includes synthetic fuels derived 
from coal for creating useful heat, including but not limited to, 
solvent-refined coal, coal-oil mixtures, and coal-water mixtures. Coal 
derived gases are excluded from this definition.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and a 
heating value less than 13,900 kilojoules per kilogram (6,000 Btu per 
pound) on a dry basis.
    Commercial/institutional boiler means a boiler used in commercial 
establishments or institutional establishments such as medical centers, 
research centers, institutions of higher education, hotels, and 
laundries to provide steam and/or hot water.
    Common stack means the exhaust of emissions from two or more 
affected units through a single flue. Affected units with a common stack 
may each have separate air pollution control systems located before the 
common stack, or may have a single air pollution control system located 
after the exhausts come together in a single flue.
    Cost-effective energy conservation measure means a measure that is 
implemented to improve the energy efficiency of the boiler or facility 
that has a payback (return of investment) period of 2 years or less.
    Deviation.
    (1) Deviation means any instance in which an affected source subject 
to this subpart, or an owner or operator of such a source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limit, operating 
limit, or work practice standard; or
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is included 
in the operating permit for any affected source required to obtain such 
a permit.
    (2) A deviation is not always a violation. The determination of 
whether a deviation constitutes a violation of the standard is up to the 
discretion of the entity responsible for enforcement of the standards.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Distillate oil means fuel oils, including recycled oils, that comply 
with the specifications for fuel oil numbers 1 and 2, as defined by ASTM 
D396 (incorporated by reference, see Sec. 63.14).
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition. A dry scrubber is a dry control system.
    Dutch oven means a unit having a refractory-walled cell connected to 
a conventional boiler setting. Fuel materials are introduced through an 
opening in the roof of the Dutch oven and burn in a pile on its floor.
    Electric utility steam generating unit means a fossil fuel-fired 
combustion unit of more than 25 megawatts that serves a generator that 
produces electricity for sale. A fossil fuel-fired unit that cogenerates 
steam and electricity and supplies more than one-third of its potential 
electric output capacity and more than 25 megawatts electrical output to 
any utility power distribution system for sale is considered an electric 
utility steam generating unit.
    Electrostatic precipitator (ESP) means an add-on air pollution 
control device used to capture particulate matter by charging the 
particles using an electrostatic field, collecting the particles using a 
grounded collecting surface, and transporting the particles into a 
hopper. An electrostatic precipitator is usually a dry control system.
    Emission credit means emission reductions above those required by 
this subpart. Emission credits generated may be used to comply with the 
emissions limits. Credits may come from pollution prevention projects 
that result in reduced fuel use by affected units. Shutdowns cannot be 
used to generate credits.
    Energy assessment means the following only as this term is used in 
Table 3 to this subpart.
    (1) Energy assessment for facilities with affected boilers and 
process heaters using less than 0.3 trillion Btu per year heat input 
will be one day in length maximum. The boiler system and energy use 
system accounting for at least 50 percent of the energy output will be 
evaluated to identify energy savings opportunities, within the limit of 
performing a one-day energy assessment.
    (2) The Energy assessment for facilities with affected boilers and 
process heaters using 0.3 to 1.0 trillion Btu per year will be 3 days in 
length maximum. The boiler system and any energy use system accounting 
for at least 33 percent of the energy output will be evaluated to 
identify energy savings opportunities, within the limit of performing a 
3-day energy assessment.
    (3) In the Energy assessment for facilities with affected boilers 
and process heaters using greater than 1.0 trillion Btu per year, the 
boiler system and any energy use system

[[Page 195]]

accounting for at least 20 percent of the energy output will be 
evaluated to identify energy savings opportunities.
    Energy management practices means the set of practices and 
procedures designed to manage energy use that are demonstrated by the 
facility's energy policies, a facility energy manager and other staffing 
responsibilities, energy performance measurement and tracking methods, 
an energy saving goal, action plans, operating procedures, internal 
reporting requirements, and periodic review intervals used at the 
facility.
    Energy use system includes, but is not limited to, process heating; 
compressed air systems; machine drive (motors, pumps, fans); process 
cooling; facility heating, ventilation, and air-conditioning systems; 
hot heater systems; building envelop; and lighting.
    Equivalent means the following only as this term is used in Table 6 
to this subpart:
    (1) An equivalent sample collection procedure means a published 
voluntary consensus standard or practice (VCS) or EPA method that 
includes collection of a minimum of three composite fuel samples, with 
each composite consisting of a minimum of three increments collected at 
approximately equal intervals over the test period.
    (2) An equivalent sample compositing procedure means a published VCS 
or EPA method to systematically mix and obtain a representative 
subsample (part) of the composite sample.
    (3) An equivalent sample preparation procedure means a published VCS 
or EPA method that: Clearly states that the standard, practice or method 
is appropriate for the pollutant and the fuel matrix; or is cited as an 
appropriate sample preparation standard, practice or method for the 
pollutant in the chosen VCS or EPA determinative or analytical method.
    (4) An equivalent procedure for determining heat content means a 
published VCS or EPA method to obtain gross calorific (or higher 
heating) value.
    (5) An equivalent procedure for determining fuel moisture content 
means a published VCS or EPA method to obtain moisture content. If the 
sample analysis plan calls for determining metals (especially the 
mercury, selenium, or arsenic) using an aliquot of the dried sample, 
then the drying temperature must be modified to prevent vaporizing these 
metals. On the other hand, if metals analysis is done on an ``as 
received'' basis, a separate aliquot can be dried to determine moisture 
content and the metals concentration mathematically adjusted to a dry 
basis.
    (6) An equivalent pollutant (mercury, hydrogen chloride, hydrogen 
sulfide) determinative or analytical procedure means a published VCS or 
EPA method that clearly states that the standard, practice, or method is 
appropriate for the pollutant and the fuel matrix and has a published 
detection limit equal or lower than the methods listed in Table 6 to 
this subpart for the same purpose.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse. A fabric filter is a dry control 
system.
    Federally enforceable means all limitations and conditions that are 
enforceable by the EPA Administrator, including the requirements of 40 
CFR parts 60 and 61, requirements within any applicable State 
implementation plan, and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
    Fluidized bed boiler means a boiler utilizing a fluidized bed 
combustion process.
    Fluidized bed combustion means a process where a fuel is burned in a 
bed of granulated particles, which are maintained in a mobile suspension 
by the forward flow of air and combustion products.
    Fuel cell means a boiler type in which the fuel is dropped onto 
suspended fixed grates and is fired in a pile. The refractory-lined fuel 
cell uses combustion air preheating and positioning of secondary and 
tertiary air injection ports to improve boiler efficiency.
    Fuel type means each category of fuels that share a common name or 
classification. Examples include, but are not limited to, bituminous 
coal, sub-bituminous coal, lignite, anthracite, biomass, residual oil. 
Individual fuel types received from different suppliers are not 
considered new fuel types.
    Gaseous fuel includes, but is not limited to, natural gas, process 
gas, landfill gas, coal derived gas, refinery gas, and biogas. Blast 
furnace gas is exempted from this definition.
    Heat input means heat derived from combustion of fuel in a boiler or 
process heater and does not include the heat input from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources such as gas turbines, internal combustion engines, kilns, etc.
    Hourly average means the arithmetic average of at least four CMS 
data values representing the four 15-minute periods in an hour, or at 
least two 15-minute data values during an hour when CMS calibration, 
quality assurance, or maintenance activities are being performed.
    Hot water heater means a closed vessel with a capacity of no more 
than 120 U.S. gallons in which water is heated by combustion of gaseous 
or liquid fuel and is withdrawn for use external to the vessel at 
pressures not exceeding 160 psig, including the apparatus by which the 
heat is generated and all controls and devices necessary to prevent 
water temperatures from exceeding 210 degrees Fahrenheit (99 degrees 
Celsius). Hot water heater also means a tankless unit that provides on 
demand hot water.

[[Page 196]]

    Hybrid suspension grate boiler means a boiler designed with air 
distributors to spread the fuel material over the entire width and depth 
of the boiler combustion zone. The drying and much of the combustion of 
the fuel takes place in suspension, and the combustion is completed on 
the grate or floor of the boiler.
    Industrial boiler means a boiler used in manufacturing, processing, 
mining, and refining or any other industry to provide steam and/or hot 
water.
    Limited-use boiler or process heater means any boiler or process 
heater that burns any amount of solid, liquid, or gaseous fuels, has a 
rated capacity of greater than 10 MMBtu per hour heat input, and has a 
federally enforceable limit of no more than 876 hours per year of 
operation.
    Liquid fuel subcategory includes any boiler or process heater of any 
design that burns more than 10 percent liquid fuel and less than 10 
percent solid fuel, based on the total annual heat input to the unit.
    Liquid fuel includes, but is not limited to, distillate oil, 
residual oil, on-spec used oil, and biodiesel.
    Load fraction means the actual heat input of the boiler or process 
heater divided by the average operating load determined according to 
Table 7 to this subpart.
    Metal process furnaces include natural gas-fired annealing furnaces, 
preheat furnaces, reheat furnaces, aging furnaces, heat treat furnaces, 
and homogenizing furnaces.
    Million Btu (MMBtu) means one million British thermal units.
    Minimum activated carbon injection rate means load fraction 
(percent) multiplied by the lowest hourly average activated carbon 
injection rate measured according to Table 7 to this subpart during the 
most recent performance test demonstrating compliance with the 
applicable emission limits.
    Minimum pressure drop means the lowest hourly average pressure drop 
measured according to Table 7 to this subpart during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.
    Minimum scrubber effluent pH means the lowest hourly average sorbent 
liquid pH measured at the inlet to the wet scrubber according to Table 7 
to this subpart during the most recent performance test demonstrating 
compliance with the applicable hydrogen chloride emission limit.
    Minimum scrubber liquid flow rate means the lowest hourly average 
liquid flow rate (e.g., to the PM scrubber or to the acid gas scrubber) 
measured according to Table 7 to this subpart during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.
    Minimum scrubber pressure drop means the lowest hourly average 
scrubber pressure drop measured according to Table 7 to this subpart 
during the most recent performance test demonstrating compliance with 
the applicable emission limit.
    Minimum sorbent injection rate means load fraction (percent) 
multiplied by the lowest hourly average sorbent injection rate for each 
sorbent measured according to Table 7 to this subpart during the most 
recent performance test demonstrating compliance with the applicable 
emission limits.
    Minimum total secondary electric power means the lowest hourly 
average total secondary electric power determined from the values of 
secondary voltage and secondary current to the electrostatic 
precipitator measured according to Table 7 to this subpart during the 
most recent performance test demonstrating compliance with the 
applicable emission limits.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquid petroleum gas, as defined in ASTM D1835 (incorporated by 
reference, see Sec. 63.14); or
    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO 
conditions. Additionally, natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 34 and 43 mega joules (MJ) per dry standard cubic meter (910 and 
1,150 Btu per dry standard cubic foot); or
    (4) Propane or propane derived synthetic natural gas. Propane means 
a colorless gas derived from petroleum and natural gas, with the 
molecular structure C3H8.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12 midnight and the 
following midnight during which any fuel is combusted at any time in the 
boiler or process heater unit. It is not necessary for fuel to be 
combusted for the entire 24-hour period.
    Other gas 1 fuel means a gaseous fuel that is not natural gas or 
refinery gas and does not exceed the maximum concentration of 40 
micrograms/cubic meters of mercury and 4 parts per million, by volume, 
of hydrogen sulfide.
    Particulate matter (PM) means any finely divided solid or liquid 
material, other than uncombined water, as measured by the test methods 
specified under this subpart, or an approved alternative method.
    Period of natural gas curtailment or supply interruption means a 
period of time during which the supply of natural gas to an affected 
facility is halted for reasons beyond

[[Page 197]]

the control of the facility. The act of entering into a contractual 
agreement with a supplier of natural gas established for curtailment 
purposes does not constitute a reason that is under the control of a 
facility for the purposes of this definition. An increase in the cost or 
unit price of natural gas does not constitute a period of natural gas 
curtailment or supply interruption.
    Process heater means an enclosed device using controlled flame, and 
the unit's primary purpose is to transfer heat indirectly to a process 
material (liquid, gas, or solid) or to a heat transfer material for use 
in a process unit, instead of generating steam. Process heaters are 
devices in which the combustion gases do not come into direct contact 
with process materials. A device combusting solid waste, as defined in 
Sec. 241.3, is not a process heater unless the device is exempt from 
the definition of a solid waste incineration unit as provided in section 
129(g)(1) of the Clean Air Act. Process heaters do not include units 
used for comfort heat or space heat, food preparation for on-site 
consumption, or autoclaves.
    Pulverized coal boiler means a boiler in which pulverized coal or 
other solid fossil fuel is introduced into an air stream that carries 
the coal to the combustion chamber of the boiler where it is fired in 
suspension.
    Qualified energy assessor means:
    (1) someone who has demonstrated capabilities to evaluate a set of 
the typical energy savings opportunities available in opportunity areas 
for steam generation and major energy using systems, including, but not 
limited to:
    (i) Boiler combustion management.
    (ii) Boiler thermal energy recovery, including
    (A) Conventional feed water economizer,
    (B) Conventional combustion air preheater, and
    (C) Condensing economizer.
    (iii) Boiler blowdown thermal energy recovery.
    (iv) Primary energy resource selection, including
    (A) Fuel (primary energy source) switching, and
    (B) Applied steam energy versus direct-fired energy versus 
electricity.
    (v) Insulation issues.
    (vi) Steam trap and steam leak management.
    (vi) Condensate recovery.
    (viii) Steam end-use management.
    (2) Capabilities and knowledge includes, but is not limited to:
    (i) Background, experience, and recognized abilities to perform the 
assessment activities, data analysis, and report preparation.
    (ii) Familiarity with operating and maintenance practices for steam 
or process heating systems.
    (iii) Additional potential steam system improvement opportunities 
including improving steam turbine operations and reducing steam demand.
    (iv) Additional process heating system opportunities including 
effective utilization of waste heat and use of proper process heating 
methods.
    (v) Boiler-steam turbine cogeneration systems.
    (vi) Industry specific steam end-use systems.
    Refinery gas means any gas that is generated at a petroleum refinery 
and is combusted. Refinery gas includes natural gas when the natural gas 
is combined and combusted in any proportion with a gas generated at a 
refinery. Refinery gas includes gases generated from other facilities 
when that gas is combined and combusted in any proportion with gas 
generated at a refinery.
    Residual oil means crude oil, and all fuel oil numbers 4, 5 and 6, 
as defined in ASTM D396-10 (incorporated by reference, see Sec. 
63.14(b)).
    Responsible official means responsible official as defined in Sec. 
70.2.
    Solid fossil fuel includes, and is not limited to, coal, coke, 
petroleum coke, and tire derived fuel.
    Solid fuel means any solid fossil fuel or biomass or bio-based solid 
fuel.
    Steam output means (1) for a boiler that produces steam for process 
or heating only (no power generation), the energy content in terms of 
MMBtu of the boiler steam output, and (2) for a boiler that cogenerates 
process steam and electricity (also known as combined heat and power 
(CHP)), the total energy output, which is the sum of the energy content 
of the steam exiting the turbine and sent to process in MMBtu and the 
energy of the electricity generated converted to MMBtu at a rate of 
10,000 Btu per kilowatt-hour generated (10 MMBtu per megawatt-hour).
    Stoker means a unit consisting of a mechanically operated fuel 
feeding mechanism, a stationary or moving grate to support the burning 
of fuel and admit under-grate air to the fuel, an overfire air system to 
complete combustion, and an ash discharge system. This definition of 
stoker includes air swept stokers. There are two general types of 
stokers: Underfeed and overfeed. Overfeed stokers include mass feed and 
spreader stokers.
    Suspension boiler means a unit designed to feed the fuel by means of 
fuel distributors. The distributors inject air at the point where the 
fuel is introduced into the boiler in order to spread the fuel material 
over the boiler width. The drying (and much of the combustion) occurs 
while the material is suspended in air. The combustion of the fuel 
material is completed on a grate or floor below. Suspension boilers 
almost universally are designed to have high heat release rates to dry 
quickly the wet fuel as it is blown into the boilers.

[[Page 198]]

    Temporary boiler means any gaseous or liquid fuel boiler that is 
designed to, and is capable of, being carried or moved from one location 
to another by means of, for example, wheels, skids, carrying handles, 
dollies, trailers, or platforms. A boiler is not a temporary boiler if 
any one of the following conditions exists:
    (1) The equipment is attached to a foundation.
    (2) The boiler or a replacement remains at a location for more than 
12 consecutive months. Any temporary boiler that replaces a temporary 
boiler at a location and performs the same or similar function will be 
included in calculating the consecutive time period.
    (3) The equipment is located at a seasonal facility and operates 
during the full annual operating period of the seasonal facility, 
remains at the facility for at least 2 years, and operates at that 
facility for at least 3 months each year.
    (4) The equipment is moved from one location to another in an 
attempt to circumvent the residence time requirements of this 
definition.
    Tune-up means adjustments made to a boiler in accordance with 
procedures supplied by the manufacturer (or an approved specialist) to 
optimize the combustion efficiency.
    Unit designed to burn biomass/bio-based solid subcategory includes 
any boiler or process heater that burns at least 10 percent biomass or 
bio-based solids on an annual heat input basis in combination with solid 
fossil fuels, liquid fuels, or gaseous fuels.
    Unit designed to burn coal/solid fossil fuel subcategory includes 
any boiler or process heater that burns any coal or other solid fossil 
fuel alone or at least 10 percent coal or other solid fossil fuel on an 
annual heat input basis in combination with liquid fuels, gaseous fuels, 
or less than 10 percent biomass and bio-based solids on an annual heat 
input basis.
    Unit designed to burn gas 1 subcategory includes any boiler or 
process heater that burns only natural gas, refinery gas, and/or other 
gas 1 fuels; with the exception of liquid fuels burned for periodic 
testing not to exceed a combined total of 48 hours during any calendar 
year, or during periods of gas curtailment and gas supply emergencies.
    Unit designed to burn gas 2 (other) subcategory includes any boiler 
or process heater that is not in the unit designed to burn gas 1 
subcategory and burns any gaseous fuels either alone or in combination 
with less than 10 percent coal/solid fossil fuel, less than 10 percent 
biomass/bio-based solid fuel, and less than 10 percent liquid fuels on 
an annual heat input basis.
    Unit designed to burn liquid subcategory includes any boiler or 
process heater that burns any liquid fuel, but less than 10 percent 
coal/solid fossil fuel and less than 10 percent biomass/bio-based solid 
fuel on an annual heat input basis, either alone or in combination with 
gaseous fuels. Gaseous fuel boilers and process heaters that burn liquid 
fuel for periodic testing of liquid fuel, maintenance, or operator 
training, not to exceed a combined total of 48 hours during any calendar 
year or during periods of maintenance, operator training, or testing of 
liquid fuel, not to exceed a combined total of 48 hours during any 
calendar year are not included in this definition. Gaseous fuel boilers 
and process heaters that burn liquid fuel during periods of gas 
curtailment or gas supply emergencies of any duration are also not 
included in this definition.
    Unit designed to burn liquid fuel that is a non-continental unit 
means an industrial, commercial, or institutional boiler or process 
heater designed to burn liquid fuel located in the State of Hawaii, the 
Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, 
or the Northern Mariana Islands.
    Unit designed to burn solid fuel subcategory means any boiler or 
process heater that burns any solid fuel alone or at least 10 percent 
solid fuel on an annual heat input basis in combination with liquid 
fuels or gaseous fuels.
    Voluntary Consensus Standards or VCS mean technical standards (e.g., 
materials specifications, test methods, sampling procedures, business 
practices) developed or adopted by one or more voluntary consensus 
bodies. EPA/Office of Air Quality Planning and Standards, by precedent, 
has only used VCS that are written in English. Examples of VCS bodies 
are: American Society of Testing and Materials (ASTM 100 Barr Harbor 
Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, 
(800) 262-1373, http://www.astm.org), American Society of Mechanical 
Engineers (ASME ASME, Three Park Avenue, New York, NY 10016-5990, (800) 
843-2763, http://www.asme.org), International Standards Organization 
(ISO 1, ch. de la Voie-Creuse, Case postale 56, CH-1211 Geneva 20, 
Switzerland, +41 22 749 01 11, http://www.iso.org/iso/home.htm), 
Standards Australia (AS Level 10, The Exchange Centre, 20 Bridge Street, 
Sydney, GPO Box 476, Sydney NSW 2001, + 61 2 9237 6171 http://
www.stadards.org.au), British Standards Institution (BSI, 389 Chiswick 
High Road, London, W4 4AL, United Kingdom, +44 (0)20 8996 9001, http://
www.bsigroup.com), Canadian Standards Association (CSA 5060 Spectrum 
Way, Suite 100, Mississauga, Ontario L4W 5N6, Canada, 800-463-6727, 
http://www.csa.ca), European Committee for Standardization (CEN CENELEC 
Management Centre Avenue Marnix 17 B-1000 Brussels, Belgium +32 2 550 08 
11, http://www.cen.eu/cen), and German Engineering Standards (VDI VDI 
Guidelines Department, P.O. Box 10 11 39 40002,

[[Page 199]]

Duesseldorf, Germany, +49 211 6214-230, http://www.vdi.eu). The types of 
standards that are not considered VCS are standards developed by: The 
United States, e.g., California (CARB) and Texas (TCEQ); industry 
groups, such as American Petroleum Institute (API), Gas Processors 
Association (GPA), and Gas Research Institute (GRI); and other branches 
of the U.S. government, e.g., Department of Defense (DOD) and Department 
of Transportation (DOT). This does not preclude EPA from using standards 
developed by groups that are not VCS bodies within their rule. When this 
occurs, EPA has done searches and reviews for VCS equivalent to these 
non-EPA methods.
    Waste heat boiler means a device that recovers normally unused 
energy and converts it to usable heat. Waste heat boilers are also 
referred to as heat recovery steam generators.
    Waste heat process heater means an enclosed device that recovers 
normally unused energy and converts it to usable heat. Waste heat 
process heaters are also referred to as recuperative process heaters.
    Wet scrubber means any add-on air pollution control device that 
mixes an aqueous stream or slurry with the exhaust gases from a boiler 
or process heater to control emissions of particulate matter or to 
absorb and neutralize acid gases, such as hydrogen chloride. A wet 
scrubber creates an aqueous stream or slurry as a byproduct of the 
emissions control process.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.



                 Sec. Tables to Subpart DDDDD of Part 63

    As stated in Sec. 63.7500, you must comply with the following 
applicable emission limits:

   Table 1 to Subpart DDDDD of Part 63--Emission Limits for New or Reconstructed Boilers and Process Heaters a
                     [Units with heat input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
                                                      The emissions must   Or the emissions
                                                        not exceed the      must not exceed
If your boiler or process heater                      following emission     the following        Using this
  is in this subcategory . . .     For the following    limits, except       output-based     specified sampling
                                   pollutants . . .    during periods of    limits  (lb per   volume or test run
                                                          startup and       MMBtu of steam      duration . . .
                                                        shutdown . . .       output) . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. Particulate      0.0011 lb per       0.0011; (30-day     Collect a minimum
 designed to burn solid fuel.      Matter.             MMBtu of heat       rolling average     of 3 dscm per
                                                       input (30-day       for units 250       run.
                                                       rolling average     MMBtu/hr or
                                                       for units 250       greater, 3-run
                                                       MMBtu/hr or         average for units
                                                       greater, 3-run      less than 250
                                                       average for units   MMBtu/hr).
                                                       less than 250
                                                       MMBtu/hr).
                                  b. Hydrogen         0.0022 lb per       0.0021............  For M26A, collect
                                   Chloride.           MMBtu of heat                           a minimum of 1
                                                       input.                                  dscm per run; for
                                                                                               M26 collect a
                                                                                               minimum of 60
                                                                                               liters per run.
                                  c. Mercury........  3.5E-06 lb per      3.4E-06...........  For M29, collect a
                                                       MMBtu of heat                           minimum of 1 dscm
                                                       input.                                  per run; for M30A
                                                                                               or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 2 dscm.
2. Units designed to burn         a. Carbon monoxide  12 ppm by volume    0.01..............  1 hr minimum
 pulverized coal/solid fossil      (CO).               on a dry basis                          sampling time,
 fuel.                                                 corrected to 3                          use a span value
                                                       percent oxygen.                         of 30 ppmv.
                                  b. Dioxins/Furans.  0.003 ng/dscm       2.8E-12 (TEQ).....  Collect a minimum
                                                       (TEQ) corrected                         of 4 dscm per
                                                       to 7 percent                            run.
                                                       oxygen.
3. Stokers designed to burn coal/ a. CO.............  6 ppm by volume on  0.005.............  1 hr minimum
 solid fossil fuel.                                    a dry basis                             sampling time,
                                                       corrected to 3                          use a span value
                                                       percent oxygen.                         of 20 ppmv.
                                  b. Dioxins/Furans.  0.003 ng/dscm       2.8E-12 (TEQ).....  Collect a minimum
                                                       (TEQ) corrected                         of 4 dscm per
                                                       to 7 percent