[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. 63.1 to 63.599)
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........................ 771
Alphabetical List of Agencies Appearing in the CFR...... 791
List of CFR Sections Affected........................... 801
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 63.1 refers
to title 40, part 63,
section 1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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OMB CONTROL NUMBERS
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collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
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This material, like any other properly issued regulation, has the force
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
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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, Robert J. Sheehan, III was Chief Editor. The Code
of Federal Regulations publication program is under the direction of
Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 63, Sec. Sec. 63.1 to 63.599)
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Part
chapter i--Environmental Protection Agency (Continued)...... 63
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
63 National emission standards for hazardous
air pollutants for source categories.... 5
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR
SOURCE CATEGORIES--Table of Contents
Subpart A_General Provisions
Sec.
63.1 Applicability.
63.2 Definitions.
63.3 Units and abbreviations.
63.4 Prohibited activities and circumvention.
63.5 Preconstruction review and notification requirements.
63.6 Compliance with standards and maintenance requirements.
63.7 Performance testing requirements.
63.8 Monitoring requirements.
63.9 Notification requirements.
63.10 Recordkeeping and reporting requirements.
63.11 Control device and work practice requirements.
63.12 State authority and delegations.
63.13 Addresses of State air pollution control agencies and EPA Regional
Offices.
63.14 Incorporations by reference.
63.15 Availability of information and confidentiality.
63.16 Performance Track Provisions.
Table 1 to Subpart A of Part 63--Detection Sensitivity Levels (grams per
hour)
Subpart B_Requirements for Control Technology Determinations for Major
Sources in Accordance With Clean Air Act Sections, Sections 112(g) and
112(j)
63.40 Applicability of Sec. Sec. 63.40 through 63.44.
63.41 Definitions.
63.42 Program requirements governing construction or reconstruction of
major sources.
63.43 Maximum achievable control technology (MACT) determinations for
constructed and reconstructed major sources.
63.44 Requirements for constructed or reconstucted major sources subject
to a subsequently promulgated MACT standard or MACT
requirement.
63.45-63.49 [Reserved]
63.50 Applicability.
63.51 Definitions.
63.52 Approval process for new and existing emission units.
63.53 Application content for case-by-case MACT determinations.
63.54 Preconstruction review procedures for new affected sources.
63.55 Maximum achievable control technology (MACT) determinations for
affected sources subject to case-by-case determination of
equivalent emission limitations.
63.56 Requirements for case-by-case determination of equivalent emission
limitations after promulgation of subsequent MACT standard.
Tables to Subpart B of Part 63
Table 1 to Subpart B of Part 63--Section 112(j) Part 2 Application Due
Dates
Table 2 to Subpart B of Part 63--MON Source Categories
Subpart C_List of Hazardous Air Pollutants, Petition Process, Lesser
Quantity Designations, Source Category List
63.60 Deletion of caprolactam from the list of hazardous air pollutants.
63.61 Deletion of methyl ethyl ketone from the list of hazardous air
pollutants.
63.62 Redefinition of glycol ethers listed as hazardous air pollutants.
63.63 Deletion of ethylene glycol monobutyl ether from the list of
hazardous air pollutants.
63.64-63.69 [Reserved]
Subpart D_Regulations Governing Compliance Extensions for Early
Reductions of Hazardous Air Pollutants
63.70 Applicability.
63.71 Definitions.
63.72 General provisions for compliance extensions.
63.73 Source.
63.74 Demonstration of early reduction.
63.75 Enforceable commitments.
63.76 Review of base year emissions.
63.77 Application procedures.
63.78 Early reduction demonstration evaluation.
63.79 Approval of applications.
63.80 Enforcement.
63.81 Rules for special situations.
Subpart E_Approval of State Programs and Delegation of Federal
Authorities
63.90 Program overview.
63.91 Criteria for straight delegation and criteria common to all
approval options.
63.92 Approval of State requirements that adjust a section 112 rule.
63.93 Approval of State requirements that substitute for a section 112
rule.
63.94 Approval of State permit terms and conditions that substitute for
a section 112 rule.
[[Page 6]]
63.95 Additional approval criteria for accidental release prevention
programs.
63.96 Review and withdrawal of approval.
63.97 Approval of a State program that substitutes for section 112
requirements.
63.98 [Reserved]
63.99 Delegated Federal authorities.
Subpart F_National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
63.100 Applicability and designation of source.
63.101 Definitions.
63.102 General standards.
63.103 General compliance, reporting, and recordkeeping provisions.
63.104 Heat exchange system requirements.
63.105 Maintenance wastewater requirements.
63.106 Implementation and enforcement.
63.107 Identification of process vents subject to this subpart.
Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry
Chemicals
Table 2 to Subpart F--Organic Hazardous Air Pollutants
Table 3 to Subpart F--General Provisions Applicability to Subparts F, G,
and H
Table 4 to Subpart F--Organic Hazardous Air Pollutants Subject to
Cooling Tower Monitoring Requirements in Sec. 63.104
Subpart G_National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
for Process Vents, Storage Vessels, Transfer Operations, and Wastewater
63.110 Applicability.
63.111 Definitions.
63.112 Emission standard.
63.113 Process vent provisions--reference control technology.
63.114 Process vent provisions--monitoring requirements.
63.115 Process vent provisions--methods and procedures for process vent
group determination.
63.116 Process vent provisions--performance test methods and procedures
to determine compliance.
63.117 Process vent provisions--reporting and recordkeeping requirements
for group and TRE determinations and performance tests.
63.118 Process vent provisions--periodic reporting and recordkeeping
requirements.
63.119 Storage vessel provisions--reference control technology.
63.120 Storage vessel provisions--procedures to determine compliance.
63.121 Storage vessel provisions--alternative means of emission
limitation.
63.122 Storage vessel provisions--reporting.
63.123 Storage vessel provisions--recordkeeping.
63.124-63.125 [Reserved]
63.126 Transfer operations provisions--reference control technology.
63.127 Transfer operations provisions--monitoring requirements.
63.128 Transfer operations provisions--test methods and procedures.
63.129 Transfer operations provisions--reporting and recordkeeping for
performance tests and notification of compliance status.
63.130 Transfer operations provisions--periodic recordkeeping and
reporting.
63.131 [Reserved]
63.132 Process wastewater provisions--general.
63.133 Process wastewater provisions--wastewater tanks.
63.134 Process wastewater provisions--surface impoundments.
63.135 Process wastewater provisions--containers.
63.136 Process wastewater provisions--individual drain systems.
63.137 Process wastewater provisions--oil-water separators.
63.138 Process wastewater provisions--performance standards for
treatment processes managing Group 1 wastewater streams and/or
residuals removed from Group 1 wastewater streams.
63.139 Process wastewater provisions--control devices.
63.140 Process wastewater provisions--delay of repair.
63.141-63.142 [Reserved]
63.143 Process wastewater provisions--inspections and monitoring of
operations.
63.144 Process wastewater provisions--test methods and procedures for
determining applicability and Group 1/Group 2 determinations
(determining which wastewater streams require control).
63.145 Process wastewater provisions--test methods and procedures to
determine compliance.
63.146 Process wastewater provisions--reporting.
63.147 Process wastewater provisions--recordkeeping.
63.148 Leak inspection provisions.
63.149 Control requirements for certain liquid streams in open systems
within a chemical manufacturing process unit.
63.150 Emissions averaging provisions.
63.151 Initial notification.
63.152 General reporting and continuous records.
[[Page 7]]
Table 1 to Subpart G--Process Vents--Coefficients for Total Resource
Effectiveness for Existing Source Nonhalogenated and
Halogenated Vent Streams
Table 1A to Subpart G--Applicable 40 CFR Part 63 General Provisions
Table 2 to Subpart G--Process Vents--Coefficients for Total Resource
Effectiveness for New Source Nonhalogenated and Halogenated
Vent Streams
Table 3 to Subpart G--Process Vents--Monitoring, Recordkeeping, and
Reporting Requirements for Complying With 98 Weight-Percent
Reduction of Total Organic Hazardous Air Pollutants Emissions
or a Limit of 20 Parts Per Million by Volume
Table 4 to Subpart G--Process Vents--Monitoring, Recordkeeping, and
Reporting Requirements For Maintaining a TRE Index Value
1.0 and. <=4.0
Table 5 to Subpart G--Group 1 Storage Vessels at Existing Sources
Table 6 to Subpart G--Group 1 Storage Vessels at New Sources
Table 7 to Subpart G--Transfer Operations--Monitoring, Recordkeeping,
and Reporting Requirements for Complying With 98 Weight-
Percent Reduction of Total Organic Hazardous Air Pollutants
Emissions or a Limit of 20 Parts Per Million by Volume
Table 8 to Subpart G--Organic HAP's Subject to the Wastewater Provisions
for Process Units at New Sources
Table 9 to Subpart G--Organic HAP's Subject to the Wastewater Provisions
for Process Units at New and Existing Sources and
Corresponding Fraction Removed (Fr) Values
Table 10 to Subpart G--Wastewater--Compliance Options for Wastewater
Tanks
Table 11 to Subpart G--Wastewater--Inspection and Monitoring
Requirements for Waste Management Units
Table 12 to Subpart G--Monitoring Requirements for Treatment Processes
Table 13 to Subpart G--Wastewater--Monitoring Requirements for Control
Devices
Tables 14-14b to Subpart G [Reserved]
Table 15 to Subpart G--Wastewater--Information on Table 8 and/or Table 9
Compounds To Be Submitted With Notification of Compliance
Status for Process Units at New and/or Existing Sources
Table 16 to Subpart G [Reserved]
Table 17 to Subpart G--Information for Treatment Processes To Be
Submitted With Notification of Compliance Status
Table 18 to Subpart G--Information for Waste Management Units To Be
Submitted With Notification of Compliance Status
Table 19 to Subpart G--Wastewater--Information on Residuals To Be
Submitted With Notification of Compliance Status
Table 20 to Subpart G--Wastewater--Periodic Reporting Requirements for
Control Devices Subject to Sec. 63.139 Used To Comply With
Sec. Sec. 63.13 Through 63.139
Table 21 to Subpart G--Average Storage Temperature (Ts) as a
Function of Tank Paint Color
Table 22 to Subpart G--Paint Factors for Fixed Roof Tanks
Table 23 to Subpart G--Average Clingage Factors (c)
Table 24 to Subpart G--Typical Number of Columns as a Function of Tank
Diameter for Internal Floating Roof Tanks With Column
Supported Fixed Roofs
Table 25 to Subpart G--Effective Column Diameter (Fc)
Table 26 to Subpart G--Seal Related Factors for Internal Floating Roof
Vessels
Table 27 to Subpart G--Summary of Internal Floating Deck Fitting Loss
Factors (KF) and Typical Number of Fittings
(NF)
Table 28 to Subpart G--Deck Seam Length Factors \a\ (SD) for
Internal Floating Roof Tanks
Table 29 to Subpart G--Seal Related Factors for External Floating Roof
Vessels
Table 30 to Subpart G--Roof Fitting Loss Factors, KFa,
KFb, and m, \a\ and Typical Number of Fittings,
NT
Table 31 to Subpart G--Typical Number of Vacuum Breakers, NF6
and Roof Drains, \a\ NF7
Table 32 to Subpart G--Typical Number of Roof Legs, \a\ NF8
Table 33 to Subpart G--Saturation Factors
Table 34 to Subpart G--Fraction Measured (Fm) and Fraction
Emitted (Fe) For HAP Compounds in Wastewater
Streams
Table 35 to Subpart G--Control Requirements for Items of Equipment That
Meet the Criteria of Sec. 63.149 of Subpart G
Table 36 to Subpart G--Compound Lists Used for Compliance Demonstrations
for Enhanced Biological Treatment Processes (See Sec.
63.145(h))
Table 37 to Subpart G--Default Biorates for List 1 Compounds
[[Page 8]]
Figure 1 to Subpart G--Definitions of Terms Used in Wastewater Equations
Subpart H_National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks
63.160 Applicability and designation of source.
63.161 Definitions.
63.162 Standards: General.
63.163 Standards: Pumps in light liquid service.
63.164 Standards: Compressors.
63.165 Standards: Pressure relief devices in gas/vapor service.
63.166 Standards: Sampling connection systems.
63.167 Standards: Open-ended valves or lines.
63.168 Standards: Valves in gas/vapor service and in light liquid
service.
63.169 Standards: Pumps, valves, connectors, and agitators in heavy
liquid service; instrumentation systems; and pressure relief
devices in liquid service.
63.170 Standards: Surge control vessels and bottoms receivers.
63.171 Standards: Delay of repair.
63.172 Standards: Closed-vent systems and control devices.
63.173 Standards: Agitators in gas/vapor service and in light liquid
service.
63.174 Standards: Connectors in gas/vapor service and in light liquid
service.
63.175 Quality improvement program for valves.
63.176 Quality improvement program for pumps.
63.177 Alternative means of emission limitation: General.
63.178 Alternative means of emission limitation: Batch processes.
63.179 Alternative means of emission limitation: Enclosed-vented process
units.
63.180 Test methods and procedures.
63.181 Recordkeeping requirements.
63.182 Reporting requirements.
63.183 Implementation and enforcement.
Table 1 to Subpart H--Batch Processes
Table 2 to Subpart H--Surge Control Vessels and Bottoms Receivers at
Existing Sources
Table 3 to Subpart H--Surge Control Vessels and Bottoms Receivers at New
Sources
Table 4 to Subpart H--Applicable 40 CFR Part 63 General Provisions
Subpart I_National Emission Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated Regulation
for Equipment Leaks
63.190 Applicability and designation of source.
63.191 Definitions.
63.192 Standard.
63.193 Implementation and enforcement.
Subpart J_National Emission Standards for Hazardous Air Pollutants for
Polyvinyl Chloride and Copolymers Production
What This Subpart Covers
63.210 What is the purpose of this subpart?
63.211 Am I subject to this subpart?
63.212 What parts of my facility does this subpart cover?
63.213 When do I have to comply with this subpart?
Standards and Compliance Requirements
63.214 What are the requirements I must comply with?
Other Requirements and Information
63.215 What General Provisions apply to me?
63.216 Who administers this subpart?
63.217 What definitions apply to this subpart?
Subpart K [Reserved]
Subpart L_National Emission Standards for Coke Oven Batteries
63.300 Applicability.
63.301 Definitions.
63.302 Standards for by-product coke oven batteries.
63.303 Standards for nonrecovery coke oven batteries.
63.304 Standards for compliance date extension.
63.305 Alternative standards for coke oven doors equipped with sheds.
63.306 Work practice standards.
63.307 Standards for bypass/bleeder stacks.
63.308 Standards for collecting mains.
63.309 Performance tests and procedures.
63.310 Requirements for startups, shutdowns, and malfunctions.
63.311 Reporting and recordkeeping requirements.
63.312 Existing regulations and requirements.
63.313 Implementation and enforcement.
Appendix A to Subpart L--Operating Coke Oven Batteries as of April 1,
1992
Subpart M_National Perchloroethylene Air Emission Standards for Dry
Cleaning Facilities
63.320 Applicability.
63.321 Definitions.
63.322 Standards.
63.323 Test methods and monitoring.
63.324 Reporting and recordkeeping requirements.
[[Page 9]]
63.325 Determination of equivalent emission control technology.
63.326 Implementation and enforcement.
Subpart N_National Emission Standards for Chromium Emissions From Hard
and Decorative Chromium Electroplating and Chromium Anodizing Tanks
63.340 Applicability and designation of sources.
63.341 Definitions and nomenclature.
63.342 Standards.
63.343 Compliance provisions.
63.344 Performance test requirements and test methods.
63.345 Provisions for new and reconstructed sources.
63.346 Recordkeeping requirements.
63.347 Reporting requirements.
63.348 Implementation and enforcement.
Table 1 to Subpart N--General Provisions Applicability to Subpart N
Subpart O_Ethylene Oxide Emissions Standards for Sterilization
Facilities
63.360 Applicability.
63.361 Definitions.
63.362 Standards.
63.363 Compliance and performance testing.
63.364 Monitoring requirements.
63.365 Test methods and procedures.
63.366 Reporting requirements.
63.367 Recordkeeping requirements.
63.368 Implementation and enforcement.
Subpart P [Reserved]
Subpart Q_National Emission Standards for Hazardous Air Pollutants for
Industrial Process Cooling Towers
63.400 Applicability.
63.401 Definitions.
63.402 Standard.
63.403 Compliance dates.
63.404 Compliance demonstrations.
63.405 Notification requirements.
63.406 Recordkeeping and reporting requirements.
63.407 Implementation and enforcement.
Table 1 to Subpart Q--General Provisions Applicability to Subpart Q
Subpart R_National Emission Standards for Gasoline Distribution
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
63.420 Applicability.
63.421 Definitions.
63.422 Standards: Loading racks.
63.423 Standards: Storage vessels.
63.424 Standards: Equipment leaks.
63.425 Test methods and procedures.
63.426 Alternative means of emission limitation.
63.427 Continuous monitoring.
63.428 Reporting and recordkeeping.
63.429 Delegation of authority.
Table 1 to Subpart R--General Provisions Applicability to Subpart R
Subpart S_National Emission Standards for Hazardous Air Pollutants from
the Pulp and Paper Industry
63.440 Applicability.
63.441 Definitions.
63.442 [Reserved]
63.443 Standards for the pulping system at kraft, soda, and semi-
chemical processes.
63.444 Standards for the pulping system at sulfite processes.
63.445 Standards for the bleaching system.
63.446 Standards for kraft pulping process condensates.
63.447 Clean condensate alternative.
63.448-63.449 [Reserved]
63.450 Standards for enclosures and closed-vent systems.
63.451-63.452 [Reserved]
63.453 Monitoring requirements.
63.454 Recordkeeping requirements.
63.455 Reporting requirements.
63.456 [Reserved]
63.457 Test methods and procedures.
63.458 Implementation and enforcement.
63.459 Alternative standards.
Table 1 to Subpart S--General Provisions Applicability to Subpart S
Subpart T_National Emission Standards for Halogenated Solvent Cleaning
63.460 Applicability and designation of source.
63.461 Definitions.
63.462 Batch cold cleaning machine standards.
63.463 Batch vapor and in-line cleaning machine standards.
63.464 Alternative standards.
63.465 Test methods.
63.466 Monitoring procedures.
63.467 Recordkeeping requirements.
63.468 Reporting requirements.
63.469 Equivalent methods of control.
63.470 Implementation and enforcement.
63.471 Facility-wide standards.
Appendix A to Subpart T--Test of Solvent Cleaning Procedures
Appendix B to Subpart T--General Provisions Applicability to Subpart T
Subpart U_National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins
63.480 Applicability and designation of affected sources.
[[Page 10]]
63.481 Compliance dates and relationship of this subpart to existing
applicable rules.
63.482 Definitions.
63.483 Emission standards.
63.484 Storage vessel provisions.
63.485 Continuous front-end process vent provisions.
63.486 Batch front-end process vent provisions.
63.487 Batch front-end process vents--reference control technology.
63.488 Methods and procedures for batch front-end process vent group
determination.
63.489 Batch front-end process vents--monitoring equipment.
63.490 Batch front-end process vents--performance test methods and
procedures to determine compliance.
63.491 Batch front-end process vents--recordkeeping requirements.
63.492 Batch front-end process vents--reporting requirements.
63.493 Back-end process provisions.
63.494 Back-end process provisions--residual organic HAP and emission
limitations.
63.495 Back-end process provisions--procedures to determine compliance
with residual organic HAP limitations using stripping
technology and organic HAP emissions limitations.
63.496 Back-end process provisions--procedures to determine compliance
with residual organic HAP limitations using control or
recovery devices.
63.497 Back-end process provisions--monitoring provisions for control
and recovery devices used to comply with residual organic HAP
limitations.
63.498 Back-end process provisions--recordkeeping.
63.499 Back-end process provisions--reporting.
63.500 Back-end process provisions--carbon disulfide limitations for
styrene butadiene rubber by emulsion processes.
63.501 Wastewater provisions.
63.502 Equipment leak and heat exchange system provisions.
63.503 Emissions averaging provisions.
63.504 Additional requirements for performance testing.
63.505 Parameter monitoring levels and excursions.
63.506 General recordkeeping and reporting provisions.
63.507 Implementation and enforcement.
Table 1 to Subpart U--Applicability of General Provisions to Subpart U
Affected Sources
Table 2 to Subpart U--Applicability of Subparts F, G, & H of This Part
to Subpart U Affected Sources
Table 3 to Subpart U--Group 1 Storage Vessels at Existing Affected
Sources
Table 4 to Subpart U--Group 1 Storage Vessels at New Sources
Table 5 to Subpart U--Known Organic HAP From the Production of Elastomer
Products
Table 6 to Subpart U--Group 1 Batch Front-End Process Vents and
Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and
Reporting Requirements
Table 7 to Subpart U--Operating Parameters for Which Monitoring Levels
Are Required To Be Established for Continuous and Batch Front-
End Process Vents and Aggregate Batch Vent Streams
Table 8 to Subpart U--Summary of Compliance Alternative Requirements for
the Back-End Process Provisions
Table 9 to Subpart U--Routine Reports Required by This Subpart
Subpart V [Reserved]
Subpart W_National Emission Standards for Hazardous Air Pollutants for
Epoxy Resins Production and Non-Nylon Polyamides Production
63.520 Applicability and designation of sources.
63.521 Compliance schedule.
63.522 Definitions.
63.523 Standards for basic liquid resins manufacturers.
63.524 Standards for wet strength resins manufacturers.
63.525 Compliance and performance testing.
63.526 Monitoring requirements.
63.527 Recordkeeping requirements.
63.528 Reporting requirements.
63.529 Implementation and enforcement.
Table 1 to Subpart W--General Provisions Applicability to Subpart W
Subpart X_National Emission Standards for Hazardous Air Pollutants from
Secondary Lead Smelting
63.541 Applicability.
63.542 Definitions.
63.543 Standards for process sources.
63.544 Standards for process fugitive sources.
63.545 Standards for fugitive dust sources.
63.546 Compliance dates.
63.547 Test methods.
63.548 Monitoring requirements.
63.549 Notification requirements.
63.550 Recordkeeping and reporting requirements.
63.551 Implementation and enforcement.
Subpart Y_National Emission Standards for Marine Tank Vessel Loading
Operations
63.560 Applicability and designation of affected source.
63.561 Definitions.
[[Page 11]]
63.562 Standards.
63.563 Compliance and performance testing.
63.564 Monitoring requirements.
63.565 Test methods and procedures.
63.566 Construction and reconstruction.
63.567 Recordkeeping and reporting requirements.
63.568 Implementation and enforcement.
Subpart Z [Reserved]
63.569-63.599 [Reserved]
Authority: 42 U.S.C. 7401 et seq.
Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
Subpart A_General Provisions
Source: 59 FR 12430, Mar. 16, 1994, unless otherwise noted.
Sec. 63.1 Applicability.
(a) General. (1) Terms used throughout this part are defined in
Sec. 63.2 or in the Clean Air Act (Act) as amended in 1990, except that
individual subparts of this part may include specific definitions in
addition to or that supersede definitions in Sec. 63.2.
(2) This part contains national emission standards for hazardous air
pollutants (NESHAP) established pursuant to section 112 of the Act as
amended November 15, 1990. These standards regulate specific categories
of stationary sources that emit (or have the potential to emit) one or
more hazardous air pollutants listed in this part pursuant to section
112(b) of the Act. This section explains the applicability of such
standards to sources affected by them. The standards in this part are
independent of NESHAP contained in 40 CFR part 61. The NESHAP in part 61
promulgated by signature of the Administrator before November 15, 1990
(i.e., the date of enactment of the Clean Air Act Amendments of 1990)
remain in effect until they are amended, if appropriate, and added to
this part.
(3) No emission standard or other requirement established under this
part shall be interpreted, construed, or applied to diminish or replace
the requirements of a more stringent emission limitation or other
applicable requirement established by the Administrator pursuant to
other authority of the Act (section 111, part C or D or any other
authority of this Act), or a standard issued under State authority. The
Administrator may specify in a specific standard under this part that
facilities subject to other provisions under the Act need only comply
with the provisions of that standard.
(4)(i) Each relevant standard in this part 63 must identify
explicitly whether each provision in this subpart A is or is not
included in such relevant standard.
(ii) If a relevant part 63 standard incorporates the requirements of
40 CFR part 60, part 61 or other part 63 standards, the relevant part 63
standard must identify explicitly the applicability of each
corresponding part 60, part 61, or other part 63 subpart A (General)
provision.
(iii) The General Provisions in this subpart A do not apply to
regulations developed pursuant to section 112(r) of the amended Act,
unless otherwise specified in those regulations.
(5) [Reserved]
(6) To obtain the most current list of categories of sources to be
regulated under section 112 of the Act, or to obtain the most recent
regulation promulgation schedule established pursuant to section 112(e)
of the Act, contact the Office of the Director, Emission Standards
Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-
13), Research Triangle Park, North Carolina 27711.
(7)-(9) [Reserved]
(10) For the purposes of this part, time periods specified in days
shall be measured in calendar days, even if the word ``calendar'' is
absent, unless otherwise specified in an applicable requirement.
(11) For the purposes of this part, if an explicit postmark deadline
is not specified in an applicable requirement for the submittal of a
notification, application, test plan, report, or other written
communication to the Administrator, the owner or operator shall postmark
the submittal on or before the number of days specified in the
applicable requirement. For example, if a notification must be submitted
15 days before a particular event is scheduled to take place, the
notification shall be postmarked on or before 15 days preceding the
event; likewise, if a notification must be submitted 15 days after
[[Page 12]]
a particular event takes place, the notification shall be postmarked on
or before 15 days following the end of the event. The use of reliable
non-Government mail carriers that provide indications of verifiable
delivery of information required to be submitted to the Administrator,
similar to the postmark provided by the U.S. Postal Service, or
alternative means of delivery agreed to by the permitting authority, is
acceptable.
(12) Notwithstanding time periods or postmark deadlines specified in
this part for the submittal of information to the Administrator by an
owner or operator, or the review of such information by the
Administrator, such time periods or deadlines may be changed by mutual
agreement between the owner or operator and the Administrator.
Procedures governing the implementation of this provision are specified
in Sec. 63.9(i).
(b) Initial applicability determination for this part. (1) The
provisions of this part apply to the owner or operator of any stationary
source that--
(i) Emits or has the potential to emit any hazardous air pollutant
listed in or pursuant to section 112(b) of the Act; and
(ii) Is subject to any standard, limitation, prohibition, or other
federally enforceable requirement established pursuant to this part.
(2) [Reserved]
(3) An owner or operator of a stationary source who is in the
relevant source category and who determines that the source is not
subject to a relevant standard or other requirement established under
this part must keep a record as specified in Sec. 63.10(b)(3).
(c) Applicability of this part after a relevant standard has been
set under this part. (1) If a relevant standard has been established
under this part, the owner or operator of an affected source must comply
with the provisions of that standard and of this subpart as provided in
paragraph (a)(4) of this section.
(2) Except as provided in Sec. 63.10(b)(3), if a relevant standard
has been established under this part, the owner or operator of an
affected source may be required to obtain a title V permit from a
permitting authority in the State in which the source is located.
Emission standards promulgated in this part for area sources pursuant to
section 112(c)(3) of the Act will specify whether--
(i) States will have the option to exclude area sources affected by
that standard from the requirement to obtain a title V permit (i.e., the
standard will exempt the category of area sources altogether from the
permitting requirement);
(ii) States will have the option to defer permitting of area sources
in that category until the Administrator takes rulemaking action to
determine applicability of the permitting requirements; or
(iii) If a standard fails to specify what the permitting
requirements will be for area sources affected by such a standard, then
area sources that are subject to the standard will be subject to the
requirement to obtain a title V permit without any deferral.
(3)-(4) [Reserved]
(5) If an area source that otherwise would be subject to an emission
standard or other requirement established under this part if it were a
major source subsequently increases its emissions of hazardous air
pollutants (or its potential to emit hazardous air pollutants) such that
the source is a major source that is subject to the emission standard or
other requirement, such source also shall be subject to the notification
requirements of this subpart.
(d) [Reserved]
(e) If the Administrator promulgates an emission standard under
section 112(d) or (h) of the Act that is applicable to a source subject
to an emission limitation by permit established under section 112(j) of
the Act, and the requirements under the section 112(j) emission
limitation are substantially as effective as the promulgated emission
standard, the owner or operator may request the permitting authority to
revise the source's title V permit to reflect that the emission
limitation in the permit satisfies the requirements of the promulgated
emission standard. The process by which the permitting authority
determines whether the section 112(j) emission limitation is
substantially as effective as the promulgated emission standard must
include,
[[Page 13]]
consistent with part 70 or 71 of this chapter, the opportunity for full
public, EPA, and affected State review (including the opportunity for
EPA's objection) prior to the permit revision being finalized. A
negative determination by the permitting authority constitutes final
action for purposes of review and appeal under the applicable title V
operating permit program.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16595, Apr. 5, 2002]
Sec. 63.2 Definitions.
The terms used in this part are defined in the Act or in this
section as follows:
Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by
Pub. L. 101-549, 104 Stat. 2399).
Actual emissions is defined in subpart D of this part for the
purpose of granting a compliance extension for an early reduction of
hazardous air pollutants.
Administrator means the Administrator of the United States
Environmental Protection Agency or his or her authorized representative
(e.g., a State that has been delegated the authority to implement the
provisions of this part).
Affected source, for the purposes of this part, means the collection
of equipment, activities, or both within a single contiguous area and
under common control that is included in a section 112(c) source
category or subcategory for which a section 112(d) standard or other
relevant standard is established pursuant to section 112 of the Act.
Each relevant standard will define the ``affected source,'' as defined
in this paragraph unless a different definition is warranted based on a
published justification as to why this definition would result in
significant administrative, practical, or implementation problems and
why the different definition would resolve those problems. The term
``affected source,'' as used in this part, is separate and distinct from
any other use of that term in EPA regulations such as those implementing
title IV of the Act. Affected source may be defined differently for part
63 than affected facility and stationary source in parts 60 and 61,
respectively. This definition of ``affected source,'' and the procedures
for adopting an alternative definition of ``affected source,'' shall
apply to each section 112(d) standard for which the initial proposed
rule is signed by the Administrator after June 30, 2002.
Alternative emission limitation means conditions established
pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the
Administrator or by a State with an approved permit program.
Alternative emission standard means an alternative means of emission
limitation that, after notice and opportunity for public comment, has
been demonstrated by an owner or operator to the Administrator's
satisfaction to achieve a reduction in emissions of any air pollutant at
least equivalent to the reduction in emissions of such pollutant
achieved under a relevant design, equipment, work practice, or
operational emission standard, or combination thereof, established under
this part pursuant to section 112(h) of the Act.
Alternative test method means any method of sampling and analyzing
for an air pollutant that is not a test method in this chapter and that
has been demonstrated to the Administrator's satisfaction, using Method
301 in appendix A of this part, to produce results adequate for the
Administrator's determination that it may be used in place of a test
method specified in this part.
Approved permit program means a State permit program approved by the
Administrator as meeting the requirements of part 70 of this chapter or
a Federal permit program established in this chapter pursuant to title V
of the Act (42 U.S.C. 7661).
Area source means any stationary source of hazardous air pollutants
that is not a major source as defined in this part.
Commenced means, with respect to construction or reconstruction of
an affected source, that an owner or operator has undertaken a
continuous program of construction or reconstruction or that an owner or
operator has entered into a contractual obligation to undertake and
complete, within a reasonable time, a continuous program of construction
or reconstruction.
Compliance date means the date by which an affected source is
required to
[[Page 14]]
be in compliance with a relevant standard, limitation, prohibition, or
any federally enforceable requirement established by the Administrator
(or a State with an approved permit program) pursuant to section 112 of
the Act.
Compliance schedule means: (1) In the case of an affected source
that is in compliance with all applicable requirements established under
this part, a statement that the source will continue to comply with such
requirements; or
(2) In the case of an affected source that is required to comply
with applicable requirements by a future date, a statement that the
source will meet such requirements on a timely basis and, if required by
an applicable requirement, a detailed schedule of the dates by which
each step toward compliance will be reached; or
(3) In the case of an affected source not in compliance with all
applicable requirements established under this part, a schedule of
remedial measures, including an enforceable sequence of actions or
operations with milestones and a schedule for the submission of
certified progress reports, where applicable, leading to compliance with
a relevant standard, limitation, prohibition, or any federally
enforceable requirement established pursuant to section 112 of the Act
for which the affected source is not in compliance. This compliance
schedule shall resemble and be at least as stringent as that contained
in any judicial consent decree or administrative order to which the
source is subject. Any such schedule of compliance shall be supplemental
to, and shall not sanction noncompliance with, the applicable
requirements on which it is based.
Construction means the on-site fabrication, erection, or
installation of an affected source. Construction does not include the
removal of all equipment comprising an affected source from an existing
location and reinstallation of such equipment at a new location. The
owner or operator of an existing affected source that is relocated may
elect not to reinstall minor ancillary equipment including, but not
limited to, piping, ductwork, and valves. However, removal and
reinstallation of an affected source will be construed as reconstruction
if it satisfies the criteria for reconstruction as defined in this
section. The costs of replacing minor ancillary equipment must be
considered in determining whether the existing affected source is
reconstructed.
Continuous emission monitoring system (CEMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part, used to sample, condition (if
applicable), analyze, and provide a record of emissions.
Continuous monitoring system (CMS) is a comprehensive term that may
include, but is not limited to, continuous emission monitoring systems,
continuous opacity monitoring systems, continuous parameter monitoring
systems, or other manual or automatic monitoring that is used for
demonstrating compliance with an applicable regulation on a continuous
basis as defined by the regulation.
Continuous opacity monitoring system (COMS) means a continuous
monitoring system that measures the opacity of emissions.
Continuous parameter monitoring system means the total equipment
that may be required to meet the data acquisition and availability
requirements of this part, used to sample, condition (if applicable),
analyze, and provide a record of process or control system parameters.
Effective date means:
(1) With regard to an emission standard established under this part,
the date of promulgation in the Federal Register of such standard; or
(2) With regard to an alternative emission limitation or equivalent
emission limitation determined by the Administrator (or a State with an
approved permit program), the date that the alternative emission
limitation or equivalent emission limitation becomes effective according
to the provisions of this part.
Emission standard means a national standard, limitation,
prohibition, or other regulation promulgated in a subpart of this part
pursuant to sections 112(d), 112(h), or 112(f) of the Act.
Emissions averaging is a way to comply with the emission limitations
specified in a relevant standard, whereby an affected source, if allowed
under a
[[Page 15]]
subpart of this part, may create emission credits by reducing emissions
from specific points to a level below that required by the relevant
standard, and those credits are used to offset emissions from points
that are not controlled to the level required by the relevant standard.
EPA means the United States Environmental Protection Agency.
Equivalent emission limitation means any maximum achievable control
technology emission limitation or requirements which are applicable to a
major source of hazardous air pollutants and are adopted by the
Administrator (or a State with an approved permit program) on a case-by-
case basis, pursuant to section 112(g) or (j) of the Act.
Excess emissions and continuous monitoring system performance report
is a report that must be submitted periodically by an affected source in
order to provide data on its compliance with relevant emission limits,
operating parameters, and the performance of its continuous parameter
monitoring systems.
Existing source means any affected source that is not a new source.
Federally enforceable means all limitations and conditions that are
enforceable by the Administrator and citizens under the Act or that are
enforceable under other statutes administered by the Administrator.
Examples of federally enforceable limitations and conditions include,
but are not limited to:
(1) Emission standards, alternative emission standards, alternative
emission limitations, and equivalent emission limitations established
pursuant to section 112 of the Act as amended in 1990;
(2) New source performance standards established pursuant to section
111 of the Act, and emission standards established pursuant to section
112 of the Act before it was amended in 1990;
(3) All terms and conditions in a title V permit, including any
provisions that limit a source's potential to emit, unless expressly
designated as not federally enforceable;
(4) Limitations and conditions that are part of an approved State
Implementation Plan (SIP) or a Federal Implementation Plan (FIP);
(5) Limitations and conditions that are part of a Federal
construction permit issued under 40 CFR 52.21 or any construction permit
issued under regulations approved by the EPA in accordance with 40 CFR
part 51;
(6) Limitations and conditions that are part of an operating permit
where the permit and the permitting program pursuant to which it was
issued meet all of the following criteria:
(i) The operating permit program has been submitted to and approved
by EPA into a State implementation plan (SIP) under section 110 of the
CAA;
(ii) The SIP imposes a legal obligation that operating permit
holders adhere to the terms and limitations of such permits and provides
that permits which do not conform to the operating permit program
requirements and the requirements of EPA's underlying regulations may be
deemed not ``federally enforceable'' by EPA;
(iii) The operating permit program requires that all emission
limitations, controls, and other requirements imposed by such permits
will be at least as stringent as any other applicable limitations and
requirements contained in the SIP or enforceable under the SIP, and that
the program may not issue permits that waive, or make less stringent,
any limitations or requirements contained in or issued pursuant to the
SIP, or that are otherwise ``federally enforceable'';
(iv) The limitations, controls, and requirements in the permit in
question are permanent, quantifiable, and otherwise enforceable as a
practical matter; and
(v) The permit in question was issued only after adequate and timely
notice and opportunity for comment for EPA and the public.
(7) Limitations and conditions in a State rule or program that has
been approved by the EPA under subpart E of this part for the purposes
of implementing and enforcing section 112; and
(8) Individual consent agreements that the EPA has legal authority
to create.
Fixed capital cost means the capital needed to provide all the
depreciable components of an existing source.
Force majeure means, for purposes of Sec. 63.7, an event that will
be or has been
[[Page 16]]
caused by circumstances beyond the control of the affected facility, its
contractors, or any entity controlled by the affected facility that
prevents the owner or operator from complying with the regulatory
requirement to conduct performance tests within the specified timeframe
despite the affected facility's best efforts to fulfill the obligation.
Examples of such events are acts of nature, acts of war or terrorism, or
equipment failure or safety hazard beyond the control of the affected
facility.
Fugitive emissions means those emissions from a stationary source
that could not reasonably pass through a stack, chimney, vent, or other
functionally equivalent opening. Under section 112 of the Act, all
fugitive emissions are to be considered in determining whether a
stationary source is a major source.
Hazardous air pollutant means any air pollutant listed in or
pursuant to section 112(b) of the Act.
Issuance of a part 70 permit will occur, if the State is the
permitting authority, in accordance with the requirements of part 70 of
this chapter and the applicable, approved State permit program. When the
EPA is the permitting authority, issuance of a title V permit occurs
immediately after the EPA takes final action on the final permit.
Major source means any stationary source or group of stationary
sources located within a contiguous area and under common control that
emits or has the potential to emit considering controls, in the
aggregate, 10 tons per year or more of any hazardous air pollutant or 25
tons per year or more of any combination of hazardous air pollutants,
unless the Administrator establishes a lesser quantity, or in the case
of radionuclides, different criteria from those specified in this
sentence.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control and monitoring equipment,
process equipment, or a process to operate in a normal or usual manner
which causes, or has the potential to cause, the emission limitations in
an applicable standard to be exceeded. Failures that are caused in part
by poor maintenance or careless operation are not malfunctions.
Monitoring means the collection and use of measurement data or other
information to control the operation of a process or pollution control
device or to verify a work practice standard relative to assuring
compliance with applicable requirements. Monitoring is composed of four
elements:
(1) Indicator(s) of performance--the parameter or parameters you
measure or observe for demonstrating proper operation of the pollution
control measures or compliance with the applicable emissions limitation
or standard. Indicators of performance may include direct or predicted
emissions measurements (including opacity), operational parametric
values that correspond to process or control device (and capture system)
efficiencies or emissions rates, and recorded findings of inspection of
work practice activities, materials tracking, or design characteristics.
Indicators may be expressed as a single maximum or minimum value, a
function of process variables (for example, within a range of pressure
drops), a particular operational or work practice status (for example, a
damper position, completion of a waste recovery task, materials
tracking), or an interdependency between two or among more than two
variables.
(2) Measurement techniques--the means by which you gather and record
information of or about the indicators of performance. The components of
the measurement technique include the detector type, location and
installation specifications, inspection procedures, and quality
assurance and quality control measures. Examples of measurement
techniques include continuous emission monitoring systems, continuous
opacity monitoring systems, continuous parametric monitoring systems,
and manual inspections that include making records of process conditions
or work practices.
(3) Monitoring frequency--the number of times you obtain and record
monitoring data over a specified time interval. Examples of monitoring
frequencies include at least four points
[[Page 17]]
equally spaced for each hour for continuous emissions or parametric
monitoring systems, at least every 10 seconds for continuous opacity
monitoring systems, and at least once per operating day (or week, month,
etc.) for work practice or design inspections.
(4) Averaging time--the period over which you average and use data
to verify proper operation of the pollution control approach or
compliance with the emissions limitation or standard. Examples of
averaging time include a 3-hour average in units of the emissions
limitation, a 30-day rolling average emissions value, a daily average of
a control device operational parametric range, and an instantaneous
alarm.
New affected source means the collection of equipment, activities,
or both within a single contiguous area and under common control that is
included in a section 112(c) source category or subcategory that is
subject to a section 112(d) or other relevant standard for new sources.
This definition of ``new affected source,'' and the criteria to be
utilized in implementing it, shall apply to each section 112(d) standard
for which the initial proposed rule is signed by the Administrator after
June 30, 2002. Each relevant standard will define the term ``new
affected source,'' which will be the same as the ``affected source''
unless a different collection is warranted based on consideration of
factors including:
(1) Emission reduction impacts of controlling individual sources
versus groups of sources;
(2) Cost effectiveness of controlling individual equipment;
(3) Flexibility to accommodate common control strategies;
(4) Cost/benefits of emissions averaging;
(5) Incentives for pollution prevention;
(6) Feasibility and cost of controlling processes that share common
equipment (e.g., product recovery devices);
(7) Feasibility and cost of monitoring; and
(8) Other relevant factors.
New source means any affected source the construction or
reconstruction of which is commenced after the Administrator first
proposes a relevant emission standard under this part establishing an
emission standard applicable to such source.
One-hour period, unless otherwise defined in an applicable subpart,
means any 60-minute period commencing on the hour.
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background. For
continuous opacity monitoring systems, opacity means the fraction of
incident light that is attenuated by an optical medium.
Owner or operator means any person who owns, leases, operates,
controls, or supervises a stationary source.
Performance audit means a procedure to analyze blind samples, the
content of which is known by the Administrator, simultaneously with the
analysis of performance test samples in order to provide a measure of
test data quality.
Performance evaluation means the conduct of relative accuracy
testing, calibration error testing, and other measurements used in
validating the continuous monitoring system data.
Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified in
the performance test section of the relevant standard.
Permit modification means a change to a title V permit as defined in
regulations codified in this chapter to implement title V of the Act (42
U.S.C. 7661).
Permit program means a comprehensive State operating permit system
established pursuant to title V of the Act (42 U.S.C. 7661) and
regulations codified in part 70 of this chapter and applicable State
regulations, or a comprehensive Federal operating permit system
established pursuant to title V of the Act and regulations codified in
this chapter.
Permit revision means any permit modification or administrative
permit amendment to a title V permit as defined in regulations codified
in this chapter to implement title V of the Act (42 U.S.C. 7661).
Permitting authority means: (1) The State air pollution control
agency,
[[Page 18]]
local agency, other State agency, or other agency authorized by the
Administrator to carry out a permit program under part 70 of this
chapter; or
(2) The Administrator, in the case of EPA-implemented permit
programs under title V of the Act (42 U.S.C. 7661).
Pollution Prevention means source reduction as defined under the
Pollution Prevention Act (42 U.S.C. 13101-13109). The definition is as
follows:
(1) Source reduction is any practice that:
(i) Reduces the amount of any hazardous substance, pollutant, or
contaminant entering any waste stream or otherwise released into the
environment (including fugitive emissions) prior to recycling,
treatment, or disposal; and
(ii) Reduces the hazards to public health and the environment
associated with the release of such substances, pollutants, or
contaminants.
(2) The term source reduction includes equipment or technology
modifications, process or procedure modifications, reformulation or
redesign of products, substitution of raw materials, and improvements in
housekeeping, maintenance, training, or inventory control.
(3) The term source reduction does not include any practice that
alters the physical, chemical, or biological characteristics or the
volume of a hazardous substance, pollutant, or contaminant through a
process or activity which itself is not integral to and necessary for
the production of a product or the providing of a service.
Potential to emit means the maximum capacity of a stationary source
to emit a pollutant under its physical and operational design. Any
physical or operational limitation on the capacity of the stationary
source to emit a pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of
material combusted, stored, or processed, shall be treated as part of
its design if the limitation or the effect it would have on emissions is
federally enforceable.
Reconstruction, unless otherwise defined in a relevant standard,
means the replacement of components of an affected or a previously
nonaffected source to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the relevant standard(s) established by the
Administrator (or a State) pursuant to section 112 of the Act. Upon
reconstruction, an affected source, or a stationary source that becomes
an affected source, is subject to relevant standards for new sources,
including compliance dates, irrespective of any change in emissions of
hazardous air pollutants from that source.
Regulation promulgation schedule means the schedule for the
promulgation of emission standards under this part, established by the
Administrator pursuant to section 112(e) of the Act and published in the
Federal Register.
Relevant standard means:
(1) An emission standard;
(2) An alternative emission standard;
(3) An alternative emission limitation; or
(4) An equivalent emission limitation established pursuant to
section 112 of the Act that applies to the collection of equipment,
activities, or both regulated by such standard or limitation. A relevant
standard may include or consist of a design, equipment, work practice,
or operational requirement, or other measure, process, method, system,
or technique (including prohibition of emissions) that the Administrator
(or a State) establishes for new or existing sources to which such
standard or limitation applies. Every relevant standard established
pursuant to section 112 of the Act includes subpart A of this part, as
provided by Sec. 63.1(a)(4), and all applicable appendices of this part
or of other parts of this chapter that are referenced in that standard.
Responsible official means one of the following:
(1) For a corporation: A president, secretary, treasurer, or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or
[[Page 19]]
decision-making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities and either:
(i) The facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars); or
(ii) The delegation of authority to such representative is approved
in advance by the Administrator.
(2) For a partnership or sole proprietorship: a general partner or
the proprietor, respectively.
(3) For a municipality, State, Federal, or other public agency:
either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of the EPA).
(4) For affected sources (as defined in this part) applying for or
subject to a title V permit: ``responsible official'' shall have the
same meaning as defined in part 70 or Federal title V regulations in
this chapter (42 U.S.C. 7661), whichever is applicable.
Run means one of a series of emission or other measurements needed
to determine emissions for a representative operating period or cycle as
specified in this part.
Shutdown means the cessation of operation of an affected source or
portion of an affected source for any purpose.
Six-minute period means, with respect to opacity determinations, any
one of the 10 equal parts of a 1-hour period.
Source at a Performance Track member facility means a major or area
source located at a facility which has been accepted by EPA for
membership in the Performance Track Program (as described at
www.epa.gov/PerformanceTrack) and is still a member of the Program. The
Performance Track Program is a voluntary program that encourages
continuous environmental improvement through the use of environmental
management systems, local community outreach, and measurable results.
Standard conditions means a temperature of 293 K (68 [deg]F) and a
pressure of 101.3 kilopascals (29.92 in. Hg).
Startup means the setting in operation of an affected source or
portion of an affected source for any purpose.
State means all non-Federal authorities, including local agencies,
interstate associations, and State-wide programs, that have delegated
authority to implement: (1) The provisions of this part and/or (2) the
permit program established under part 70 of this chapter. The term State
shall have its conventional meaning where clear from the context.
Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant.
Test method means the validated procedure for sampling, preparing,
and analyzing for an air pollutant specified in a relevant standard as
the performance test procedure. The test method may include methods
described in an appendix of this chapter, test methods incorporated by
reference in this part, or methods validated for an application through
procedures in Method 301 of appendix A of this part.
Title V permit means any permit issued, renewed, or revised pursuant
to Federal or State regulations established to implement title V of the
Act (42 U.S.C. 7661). A title V permit issued by a State permitting
authority is called a part 70 permit in this part.
Visible emission means the observation of an emission of opacity or
optical density above the threshold of vision.
Working day means any day on which Federal Government offices (or
State government offices for a State that has obtained delegation under
section 112(l)) are open for normal business. Saturdays, Sundays, and
official Federal (or where delegated, State) holidays are not working
days.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16596, Apr. 5, 2002; 68
FR 32600, May 30, 2003; 69 FR 21752, Apr. 22, 2004; 72 FR 27443, May 16,
2007]
Sec. 63.3 Units and abbreviations.
Used in this part are abbreviations and symbols of units of measure.
These are defined as follows:
[[Page 20]]
(a) System International (SI) units of measure:
A = ampere
g = gram
Hz = hertz
J = joule
[deg]K = degree Kelvin
kg = kilogram
l = liter
m = meter
m\3\ = cubic meter
mg = milligram = 10-3 gram
ml = milliliter = 10-3 liter
mm = millimeter = 10-3 meter
Mg = megagram = 10\6\ gram = metric ton
MJ = megajoule
mol = mole
N = newton
ng = nanogram = 10-9 gram
nm = nanometer = 10-9 meter
Pa = pascal
s = second
V = volt
W = watt
[ohm] = ohm
[micro]g = microgram = 10-6 gram
[micro]l = microliter = 10-6 liter
(b) Other units of measure:
Btu = British thermal unit
[deg]C = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard conditions
dscm = dry cubic meter at standard conditions
eq = equivalent
[deg]F degree Fahrenheit
ft = feet
ft\2\ = square feet
ft\3\ = cubic feet
gal = gallon
gr = grain
g-eq = gram equivalent
g-mole = gram mole
hr = hour
in. = inch
in. H2 O = inches of water
K = 1,000
kcal = kilocalorie
lb = pound
lpm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = parts per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
[deg]R = degree Rankine
scf = cubic feet at standard conditions
scfh = cubic feet at standard conditions per hour
scm = cubic meter at standard conditions
scmm = cubic meter at standard conditions per minute
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd\2\ = square yards
yr = year
(c) Miscellaneous:
act = actual
avg = average
I.D. = inside diameter
M = molar
N = normal
O.D. = outside diameter
% = percent
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]
Sec. 63.4 Prohibited activities and circumvention.
(a) Prohibited activities. (1) No owner or operator subject to the
provisions of this part must operate any affected source in violation of
the requirements of this part. Affected sources subject to and in
compliance with either an extension of compliance or an exemption from
compliance are not in violation of the requirements of this part. An
extension of compliance can be granted by the Administrator under this
part; by a State with an approved permit program; or by the President
under section 112(i)(4) of the Act.
(2) No owner or operator subject to the provisions of this part
shall fail to keep records, notify, report, or revise reports as
required under this part.
(3)-(5) [Reserved]
(b) Circumvention. No owner or operator subject to the provisions of
this part shall build, erect, install, or use any article, machine,
equipment, or process to conceal an emission that would otherwise
constitute noncompliance with a relevant standard. Such concealment
includes, but is not limited to--
(1) The use of diluents to achieve compliance with a relevant
standard
[[Page 21]]
based on the concentration of a pollutant in the effluent discharged to
the atmosphere;
(2) The use of gaseous diluents to achieve compliance with a
relevant standard for visible emissions; and
(c) Fragmentation. Fragmentation after November 15, 1990 which
divides ownership of an operation, within the same facility among
various owners where there is no real change in control, will not affect
applicability. The owner and operator must not use fragmentation or
phasing of reconstruction activities (i.e., intentionally dividing
reconstruction into multiple parts for purposes of avoiding new source
requirements) to avoid becoming subject to new source requirements.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]
Sec. 63.5 Preconstruction review and notification requirements.
(a) Applicability. (1) This section implements the preconstruction
review requirements of section 112(i)(1). After the effective date of a
relevant standard, promulgated pursuant to section 112(d), (f), or (h)
of the Act, under this part, the preconstruction review requirements in
this section apply to the owner or operator of new affected sources and
reconstructed affected sources that are major-emitting as specified in
this section. New and reconstructed affected sources that commence
construction or reconstruction before the effective date of a relevant
standard are not subject to the preconstruction review requirements
specified in paragraphs (b)(3), (d), and (e) of this section.
(2) This section includes notification requirements for new affected
sources and reconstructed affected sources that are not major-emitting
affected sources and that are or become subject to a relevant
promulgated emission standard after the effective date of a relevant
standard promulgated under this part.
(b) Requirements for existing, newly constructed, and reconstructed
sources. (1) A new affected source for which construction commences
after proposal of a relevant standard is subject to relevant standards
for new affected sources, including compliance dates. An affected source
for which reconstruction commences after proposal of a relevant standard
is subject to relevant standards for new sources, including compliance
dates, irrespective of any change in emissions of hazardous air
pollutants from that source.
(2) [Reserved]
(3) After the effective date of any relevant standard promulgated by
the Administrator under this part, no person may, without obtaining
written approval in advance from the Administrator in accordance with
the procedures specified in paragraphs (d) and (e) of this section, do
any of the following:
(i) Construct a new affected source that is major-emitting and
subject to such standard;
(ii) Reconstruct an affected source that is major-emitting and
subject to such standard; or
(iii) Reconstruct a major source such that the source becomes an
affected source that is major-emitting and subject to the standard.
(4) After the effective date of any relevant standard promulgated by
the Administrator under this part, an owner or operator who constructs a
new affected source that is not major-emitting or reconstructs an
affected source that is not major-emitting that is subject to such
standard, or reconstructs a source such that the source becomes an
affected source subject to the standard, must notify the Administrator
of the intended construction or reconstruction. The notification must be
submitted in accordance with the procedures in Sec. 63.9(b).
(5) [Reserved]
(6) After the effective date of any relevant standard promulgated by
the Administrator under this part, equipment added (or a process change)
to an affected source that is within the scope of the definition of
affected source under the relevant standard must be considered part of
the affected source and subject to all provisions of the relevant
standard established for that affected source.
(c) [Reserved]
(d) Application for approval of construction or reconstruction. The
provisions of this paragraph implement section 112(i)(1) of the Act.
[[Page 22]]
(1) General application requirements. (i) An owner or operator who
is subject to the requirements of paragraph (b)(3) of this section must
submit to the Administrator an application for approval of the
construction or reconstruction. The application must be submitted as
soon as practicable before actual construction or reconstruction begins.
The application for approval of construction or reconstruction may be
used to fulfill the initial notification requirements of Sec.
63.9(b)(5). The owner or operator may submit the application for
approval well in advance of the date actual construction or
reconstruction begins in order to ensure a timely review by the
Administrator and that the planned date to begin will not be delayed.
(ii) A separate application shall be submitted for each construction
or reconstruction. Each application for approval of construction or
reconstruction shall include at a minimum:
(A) The applicant's name and address;
(B) A notification of intention to construct a new major affected
source or make any physical or operational change to a major affected
source that may meet or has been determined to meet the criteria for a
reconstruction, as defined in Sec. 63.2 or in the relevant standard;
(C) The address (i.e., physical location) or proposed address of the
source;
(D) An identification of the relevant standard that is the basis of
the application;
(E) The expected date of the beginning of actual construction or
reconstruction;
(F) The expected completion date of the construction or
reconstruction;
(G) [Reserved]
(H) The type and quantity of hazardous air pollutants emitted by the
source, reported in units and averaging times and in accordance with the
test methods specified in the relevant standard, or if actual emissions
data are not yet available, an estimate of the type and quantity of
hazardous air pollutants expected to be emitted by the source reported
in units and averaging times specified in the relevant standard. The
owner or operator may submit percent reduction information if a relevant
standard is established in terms of percent reduction. However,
operating parameters, such as flow rate, shall be included in the
submission to the extent that they demonstrate performance and
compliance; and
(I) [Reserved]
(J) Other information as specified in paragraphs (d)(2) and (d)(3)
of this section.
(iii) An owner or operator who submits estimates or preliminary
information in place of the actual emissions data and analysis required
in paragraphs (d)(1)(ii)(H) and (d)(2) of this section shall submit the
actual, measured emissions data and other correct information as soon as
available but no later than with the notification of compliance status
required in Sec. 63.9(h) (see Sec. 63.9(h)(5)).
(2) Application for approval of construction. Each application for
approval of construction must include, in addition to the information
required in paragraph (d)(1)(ii) of this section, technical information
describing the proposed nature, size, design, operating design capacity,
and method of operation of the source, including an identification of
each type of emission point for each type of hazardous air pollutant
that is emitted (or could reasonably be anticipated to be emitted) and a
description of the planned air pollution control system (equipment or
method) for each emission point. The description of the equipment to be
used for the control of emissions must include each control device for
each hazardous air pollutant and the estimated control efficiency
(percent) for each control device. The description of the method to be
used for the control of emissions must include an estimated control
efficiency (percent) for that method. Such technical information must
include calculations of emission estimates in sufficient detail to
permit assessment of the validity of the calculations.
(3) Application for approval of reconstruction. Each application for
approval of reconstruction shall include, in addition to the information
required in paragraph (d)(1)(ii) of this section--
[[Page 23]]
(i) A brief description of the affected source and the components
that are to be replaced;
(ii) A description of present and proposed emission control systems
(i.e., equipment or methods). The description of the equipment to be
used for the control of emissions shall include each control device for
each hazardous air pollutant and the estimated control efficiency
(percent) for each control device. The description of the method to be
used for the control of emissions shall include an estimated control
efficiency (percent) for that method. Such technical information shall
include calculations of emission estimates in sufficient detail to
permit assessment of the validity of the calculations;
(iii) An estimate of the fixed capital cost of the replacements and
of constructing a comparable entirely new source;
(iv) The estimated life of the affected source after the
replacements; and
(v) A discussion of any economic or technical limitations the source
may have in complying with relevant standards or other requirements
after the proposed replacements. The discussion shall be sufficiently
detailed to demonstrate to the Administrator's satisfaction that the
technical or economic limitations affect the source's ability to comply
with the relevant standard and how they do so.
(vi) If in the application for approval of reconstruction the owner
or operator designates the affected source as a reconstructed source and
declares that there are no economic or technical limitations to prevent
the source from complying with all relevant standards or other
requirements, the owner or operator need not submit the information
required in paragraphs (d)(3)(iii) through (d)(3)(v) of this section.
(4) Additional information. The Administrator may request additional
relevant information after the submittal of an application for approval
of construction or reconstruction.
(e) Approval of construction or reconstruction. (1)(i) If the
Administrator determines that, if properly constructed, or
reconstructed, and operated, a new or existing source for which an
application under paragraph (d) of this section was submitted will not
cause emissions in violation of the relevant standard(s) and any other
federally enforceable requirements, the Administrator will approve the
construction or reconstruction.
(ii) In addition, in the case of reconstruction, the Administrator's
determination under this paragraph will be based on:
(A) The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a comparable
entirely new source;
(B) The estimated life of the source after the replacements compared
to the life of a comparable entirely new source;
(C) The extent to which the components being replaced cause or
contribute to the emissions from the source; and
(D) Any economic or technical limitations on compliance with
relevant standards that are inherent in the proposed replacements.
(2)(i) The Administrator will notify the owner or operator in
writing of approval or intention to deny approval of construction or
reconstruction within 60 calendar days after receipt of sufficient
information to evaluate an application submitted under paragraph (d) of
this section. The 60-day approval or denial period will begin after the
owner or operator has been notified in writing that his/her application
is complete. The Administrator will notify the owner or operator in
writing of the status of his/her application, that is, whether the
application contains sufficient information to make a determination,
within 30 calendar days after receipt of the original application and
within 30 calendar days after receipt of any supplementary information
that is submitted.
(ii) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 30 calendar days after he/she
is notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
[[Page 24]]
(3) Before denying any application for approval of construction or
reconstruction, the Administrator will notify the applicant of the
Administrator's intention to issue the denial together with--
(i) Notice of the information and findings on which the intended
denial is based; and
(ii) Notice of opportunity for the applicant to present, in writing,
within 30 calendar days after he/she is notified of the intended denial,
additional information or arguments to the Administrator to enable
further action on the application.
(4) A final determination to deny any application for approval will
be in writing and will specify the grounds on which the denial is based.
The final determination will be made within 60 calendar days of
presentation of additional information or arguments (if the application
is complete), or within 60 calendar days after the final date specified
for presentation if no presentation is made.
(5) Neither the submission of an application for approval nor the
Administrator's approval of construction or reconstruction shall--
(i) Relieve an owner or operator of legal responsibility for
compliance with any applicable provisions of this part or with any other
applicable Federal, State, or local requirement; or
(ii) Prevent the Administrator from implementing or enforcing this
part or taking any other action under the Act.
(f) Approval of construction or reconstruction based on prior State
preconstruction review. (1) Preconstruction review procedures that a
State utilizes for other purposes may also be utilized for purposes of
this section if the procedures are substantially equivalent to those
specified in this section. The Administrator will approve an application
for construction or reconstruction specified in paragraphs (b)(3) and
(d) of this section if the owner or operator of a new affected source or
reconstructed affected source, who is subject to such requirement meets
the following conditions:
(i) The owner or operator of the new affected source or
reconstructed affected source has undergone a preconstruction review and
approval process in the State in which the source is (or would be)
located and has received a federally enforceable construction permit
that contains a finding that the source will meet the relevant
promulgated emission standard, if the source is properly built and
operated.
(ii) Provide a statement from the State or other evidence (such as
State regulations) that it considered the factors specified in paragraph
(e)(1) of this section.
(2) The owner or operator must submit to the Administrator the
request for approval of construction or reconstruction under this
paragraph (f)(2) no later than the application deadline specified in
paragraph (d)(1) of this section (see also Sec. 63.9(b)(2)). The owner
or operator must include in the request information sufficient for the
Administrator's determination. The Administrator will evaluate the owner
or operator's request in accordance with the procedures specified in
paragraph (e) of this section. The Administrator may request additional
relevant information after the submittal of a request for approval of
construction or reconstruction under this paragraph (f)(2).
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]
Sec. 63.6 Compliance with standards and maintenance requirements.
(a) Applicability. (1) The requirements in this section apply to the
owner or operator of affected sources for which any relevant standard
has been established pursuant to section 112 of the Act and the
applicability of such requirements is set out in accordance with Sec.
63.1(a)(4) unless--
(i) The Administrator (or a State with an approved permit program)
has granted an extension of compliance consistent with paragraph (i) of
this section; or
(ii) The President has granted an exemption from compliance with any
relevant standard in accordance with section 112(i)(4) of the Act.
(2) If an area source that otherwise would be subject to an emission
standard or other requirement established under this part if it were a
major source subsequently increases its emissions of hazardous air
pollutants (or its
[[Page 25]]
potential to emit hazardous air pollutants) such that the source is a
major source, such source shall be subject to the relevant emission
standard or other requirement.
(b) Compliance dates for new and reconstructed sources. (1) Except
as specified in paragraphs (b)(3) and (4) of this section, the owner or
operator of a new or reconstructed affected source for which
construction or reconstruction commences after proposal of a relevant
standard that has an initial startup before the effective date of a
relevant standard established under this part pursuant to section
112(d), (f), or (h) of the Act must comply with such standard not later
than the standard's effective date.
(2) Except as specified in paragraphs (b)(3) and (4) of this
section, the owner or operator of a new or reconstructed affected source
that has an initial startup after the effective date of a relevant
standard established under this part pursuant to section 112(d), (f), or
(h) of the Act must comply with such standard upon startup of the
source.
(3) The owner or operator of an affected source for which
construction or reconstruction is commenced after the proposal date of a
relevant standard established under this part pursuant to section
112(d), 112(f), or 112(h) of the Act but before the effective date (that
is, promulgation) of such standard shall comply with the relevant
emission standard not later than the date 3 years after the effective
date if:
(i) The promulgated standard (that is, the relevant standard) is
more stringent than the proposed standard; for purposes of this
paragraph, a finding that controls or compliance methods are ``more
stringent'' must include control technologies or performance criteria
and compliance or compliance assurance methods that are different but
are substantially equivalent to those required by the promulgated rule,
as determined by the Administrator (or his or her authorized
representative); and
(ii) The owner or operator complies with the standard as proposed
during the 3-year period immediately after the effective date.
(4) The owner or operator of an affected source for which
construction or reconstruction is commenced after the proposal date of a
relevant standard established pursuant to section 112(d) of the Act but
before the proposal date of a relevant standard established pursuant to
section 112(f) shall not be required to comply with the section 112(f)
emission standard until the date 10 years after the date construction or
reconstruction is commenced, except that, if the section 112(f) standard
is promulgated more than 10 years after construction or reconstruction
is commenced, the owner or operator must comply with the standard as
provided in paragraphs (b)(1) and (2) of this section.
(5) The owner or operator of a new source that is subject to the
compliance requirements of paragraph (b)(3) or (4) of this section must
notify the Administrator in accordance with Sec. 63.9(d)
(6) [Reserved]
(7) When an area source becomes a major source by the addition of
equipment or operations that meet the definition of new affected source
in the relevant standard, the portion of the existing facility that is a
new affected source must comply with all requirements of that standard
applicable to new sources. The source owner or operator must comply with
the relevant standard upon startup.
(c) Compliance dates for existing sources. (1) After the effective
date of a relevant standard established under this part pursuant to
section 112(d) or 112(h) of the Act, the owner or operator of an
existing source shall comply with such standard by the compliance date
established by the Administrator in the applicable subpart(s) of this
part. Except as otherwise provided for in section 112 of the Act, in no
case will the compliance date established for an existing source in an
applicable subpart of this part exceed 3 years after the effective date
of such standard.
(2) If an existing source is subject to a standard established under
this part pursuant to section 112(f) of the Act, the owner or operator
must comply with the standard by the date 90 days after the standard's
effective date, or by the date specified in an extension
[[Page 26]]
granted to the source by the Administrator under paragraph (i)(4)(ii) of
this section, whichever is later.
(3)-(4) [Reserved]
(5) Except as provided in paragraph (b)(7) of this section, the
owner or operator of an area source that increases its emissions of (or
its potential to emit) hazardous air pollutants such that the source
becomes a major source shall be subject to relevant standards for
existing sources. Such sources must comply by the date specified in the
standards for existing area sources that become major sources. If no
such compliance date is specified in the standards, the source shall
have a period of time to comply with the relevant emission standard that
is equivalent to the compliance period specified in the relevant
standard for existing sources in existence at the time the standard
becomes effective.
(d) [Reserved]
(e) Operation and maintenance requirements. (1)(i) At all times,
including periods of startup, shutdown, and malfunction, the owner or
operator must operate and maintain any affected source, including
associated air pollution control equipment and monitoring equipment, in
a manner consistent with safety and good air pollution control practices
for minimizing emissions. During a period of startup, shutdown, or
malfunction, this general duty to minimize emissions requires that the
owner or operator reduce emissions from the affected source to the
greatest extent which is consistent with safety and good air pollution
control practices. The general duty to minimize emissions during a
period of startup, shutdown, or malfunction does not require the owner
or operator to achieve emission levels that would be required by the
applicable standard at other times if this is not consistent with safety
and good air pollution control practices, nor does it require the owner
or operator to make any further efforts to reduce emissions if levels
required by the applicable standard have been achieved. Determination of
whether such operation and maintenance procedures are being used will be
based on information available to the Administrator which may include,
but is not limited to, monitoring results, review of operation and
maintenance procedures (including the startup, shutdown, and malfunction
plan required in paragraph (e)(3) of this section), review of operation
and maintenance records, and inspection of the source.
(ii) Malfunctions must be corrected as soon as practicable after
their occurrence. To the extent that an unexpected event arises during a
startup, shutdown, or malfunction, an owner or operator must comply by
minimizing emissions during such a startup, shutdown, and malfunction
event consistent with safety and good air pollution control practices.
(iii) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable independent of emissions
limitations or other requirements in relevant standards.
(2) [Reserved]
(3) Startup, shutdown, and malfunction plan. (i) The owner or
operator of an affected source must develop a written startup, shutdown,
and malfunction plan that describes, in detail, procedures for operating
and maintaining the source during periods of startup, shutdown, and
malfunction; and a program of corrective action for malfunctioning
process, air pollution control, and monitoring equipment used to comply
with the relevant standard. The startup, shutdown, and malfunction plan
does not need to address any scenario that would not cause the source to
exceed an applicable emission limitation in the relevant standard. This
plan must be developed by the owner or operator by the source's
compliance date for that relevant standard. The purpose of the startup,
shutdown, and malfunction plan is to--
(A) Ensure that, at all times, the owner or operator operates and
maintains each affected source, including associated air pollution
control and monitoring equipment, in a manner which satisfies the
general duty to minimize emissions established by paragraph (e)(1)(i) of
this section;
(B) Ensure that owners or operators are prepared to correct
malfunctions as soon as practicable after their occurrence in order to
minimize excess emissions of hazardous air pollutants; and
[[Page 27]]
(C) Reduce the reporting burden associated with periods of startup,
shutdown, and malfunction (including corrective action taken to restore
malfunctioning process and air pollution control equipment to its normal
or usual manner of operation).
(ii) [Reserved]
(iii) When actions taken by the owner or operator during a startup
or shutdown (and the startup or shutdown causes the source to exceed any
applicable emission limitation in the relevant emission standards), or
malfunction (including actions taken to correct a malfunction) are
consistent with the procedures specified in the affected source's
startup, shutdown, and malfunction plan, the owner or operator must keep
records for that event which demonstrate that the procedures specified
in the plan were followed. These records may take the form of a
``checklist,'' or other effective form of recordkeeping that confirms
conformance with the startup, shutdown, and malfunction plan and
describes the actions taken for that event. In addition, the owner or
operator must keep records of these events as specified in paragraph
63.10(b), including records of the occurrence and duration of each
startup or shutdown (if the startup or shutdown causes the source to
exceed any applicable emission limitation in the relevant emission
standards), or malfunction of operation and each malfunction of the air
pollution control and monitoring equipment. Furthermore, the owner or
operator shall confirm that actions taken during the relevant reporting
period during periods of startup, shutdown, and malfunction were
consistent with the affected source's startup, shutdown and malfunction
plan in the semiannual (or more frequent) startup, shutdown, and
malfunction report required in Sec. 63.10(d)(5).
(iv) If an action taken by the owner or operator during a startup,
shutdown, or malfunction (including an action taken to correct a
malfunction) is not consistent with the procedures specified in the
affected source's startup, shutdown, and malfunction plan, and the
source exceeds any applicable emission limitation in the relevant
emission standard, then the owner or operator must record the actions
taken for that event and must report such actions within 2 working days
after commencing actions inconsistent with the plan, followed by a
letter within 7 working days after the end of the event, in accordance
with Sec. 63.10(d)(5) (unless the owner or operator makes alternative
reporting arrangements, in advance, with the Administrator).
(v) The owner or operator must maintain at the affected source a
current startup, shutdown, and malfunction plan and must make the plan
available upon request for inspection and copying by the Administrator.
In addition, if the startup, shutdown, and malfunction plan is
subsequently revised as provided in paragraph (e)(3)(viii) of this
section, the owner or operator must maintain at the affected source each
previous (i.e., superseded) version of the startup, shutdown, and
malfunction plan, and must make each such previous version available for
inspection and copying by the Administrator for a period of 5 years
after revision of the plan. If at any time after adoption of a startup,
shutdown, and malfunction plan the affected source ceases operation or
is otherwise no longer subject to the provisions of this part, the owner
or operator must retain a copy of the most recent plan for 5 years from
the date the source ceases operation or is no longer subject to this
part and must make the plan available upon request for inspection and
copying by the Administrator. The Administrator may at any time request
in writing that the owner or operator submit a copy of any startup,
shutdown, and malfunction plan (or a portion thereof) which is
maintained at the affected source or in the possession of the owner or
operator. Upon receipt of such a request, the owner or operator must
promptly submit a copy of the requested plan (or a portion thereof) to
the Administrator. The owner or operator may elect to submit the
required copy of any startup, shutdown, and malfunction plan to the
Administrator in an electronic format. If the owner or operator claims
that any portion of such a startup, shutdown, and malfunction plan is
confidential business information entitled to protection from disclosure
under section 114(c) of the Act
[[Page 28]]
or 40 CFR 2.301, the material which is claimed as confidential must be
clearly designated in the submission.
(vi) To satisfy the requirements of this section to develop a
startup, shutdown, and malfunction plan, the owner or operator may use
the affected source's standard operating procedures (SOP) manual, or an
Occupational Safety and Health Administration (OSHA) or other plan,
provided the alternative plans meet all the requirements of this section
and are made available for inspection or submitted when requested by the
Administrator.
(vii) Based on the results of a determination made under paragraph
(e)(1)(i) of this section, the Administrator may require that an owner
or operator of an affected source make changes to the startup, shutdown,
and malfunction plan for that source. The Administrator must require
appropriate revisions to a startup, shutdown, and malfunction plan, if
the Administrator finds that the plan:
(A) Does not address a startup, shutdown, or malfunction event that
has occurred;
(B) Fails to provide for the operation of the source (including
associated air pollution control and monitoring equipment) during a
startup, shutdown, or malfunction event in a manner consistent with the
general duty to minimize emissions established by paragraph (e)(1)(i) of
this section;
(C) Does not provide adequate procedures for correcting
malfunctioning process and/or air pollution control and monitoring
equipment as quickly as practicable; or
(D) Includes an event that does not meet the definition of startup,
shutdown, or malfunction listed in Sec. 63.2.
(viii) The owner or operator may periodically revise the startup,
shutdown, and malfunction plan for the affected source as necessary to
satisfy the requirements of this part or to reflect changes in equipment
or procedures at the affected source. Unless the permitting authority
provides otherwise, the owner or operator may make such revisions to the
startup, shutdown, and malfunction plan without prior approval by the
Administrator or the permitting authority. However, each such revision
to a startup, shutdown, and malfunction plan must be reported in the
semiannual report required by Sec. 63.10(d)(5). If the startup,
shutdown, and malfunction plan fails to address or inadequately
addresses an event that meets the characteristics of a malfunction but
was not included in the startup, shutdown, and malfunction plan at the
time the owner or operator developed the plan, the owner or operator
must revise the startup, shutdown, and malfunction plan within 45 days
after the event to include detailed procedures for operating and
maintaining the source during similar malfunction events and a program
of corrective action for similar malfunctions of process or air
pollution control and monitoring equipment. In the event that the owner
or operator makes any revision to the startup, shutdown, and malfunction
plan which alters the scope of the activities at the source which are
deemed to be a startup, shutdown, or malfunction, or otherwise modifies
the applicability of any emission limit, work practice requirement, or
other requirement in a standard established under this part, the revised
plan shall not take effect until after the owner or operator has
provided a written notice describing the revision to the permitting
authority.
(ix) The title V permit for an affected source must require that the
owner or operator develop a startup, shutdown, and malfunction plan
which conforms to the provisions of this part, but may do so by citing
to the relevant subpart or subparagraphs of paragraph (e) of this
section. However, any revisions made to the startup, shutdown, and
malfunction plan in accordance with the procedures established by this
part shall not be deemed to constitute permit revisions under part 70 or
part 71 of this chapter and the elements of the startup, shutdown, and
malfunction plan shall not be considered an applicable requirement as
defined in Sec. 70.2 and Sec. 71.2 of this chapter. Moreover, none of
the procedures specified by the startup, shutdown, and malfunction plan
for an affected source shall be deemed to fall within the permit shield
provision in section 504(f) of the Act.
(f) Compliance with nonopacity emission standards--(1)
Applicability. The non-opacity emission standards set
[[Page 29]]
forth in this part shall apply at all times except during periods of
startup, shutdown, and malfunction, and as otherwise specified in an
applicable subpart. If a startup, shutdown, or malfunction of one
portion of an affected source does not affect the ability of particular
emission points within other portions of the affected source to comply
with the non-opacity emission standards set forth in this part, then
that emission point must still be required to comply with the non-
opacity emission standards and other applicable requirements.
(2) Methods for determining compliance. (i) The Administrator will
determine compliance with nonopacity emission standards in this part
based on the results of performance tests conducted according to the
procedures in Sec. 63.7, unless otherwise specified in an applicable
subpart of this part.
(ii) The Administrator will determine compliance with nonopacity
emission standards in this part by evaluation of an owner or operator's
conformance with operation and maintenance requirements, including the
evaluation of monitoring data, as specified in Sec. 63.6(e) and
applicable subparts of this part.
(iii) If an affected source conducts performance testing at startup
to obtain an operating permit in the State in which the source is
located, the results of such testing may be used to demonstrate
compliance with a relevant standard if--
(A) The performance test was conducted within a reasonable amount of
time before an initial performance test is required to be conducted
under the relevant standard;
(B) The performance test was conducted under representative
operating conditions for the source;
(C) The performance test was conducted and the resulting data were
reduced using EPA-approved test methods and procedures, as specified in
Sec. 63.7(e) of this subpart; and
(D) The performance test was appropriately quality-assured, as
specified in Sec. 63.7(c).
(iv) The Administrator will determine compliance with design,
equipment, work practice, or operational emission standards in this part
by review of records, inspection of the source, and other procedures
specified in applicable subparts of this part.
(v) The Administrator will determine compliance with design,
equipment, work practice, or operational emission standards in this part
by evaluation of an owner or operator's conformance with operation and
maintenance requirements, as specified in paragraph (e) of this section
and applicable subparts of this part.
(3) Finding of compliance. The Administrator will make a finding
concerning an affected source's compliance with a non-opacity emission
standard, as specified in paragraphs (f)(1) and (2) of this section,
upon obtaining all the compliance information required by the relevant
standard (including the written reports of performance test results,
monitoring results, and other information, if applicable), and
information available to the Administrator pursuant to paragraph
(e)(1)(i) of this section.
(g) Use of an alternative nonopacity emission standard. (1) If, in
the Administrator's judgment, an owner or operator of an affected source
has established that an alternative means of emission limitation will
achieve a reduction in emissions of a hazardous air pollutant from an
affected source at least equivalent to the reduction in emissions of
that pollutant from that source achieved under any design, equipment,
work practice, or operational emission standard, or combination thereof,
established under this part pursuant to section 112(h) of the Act, the
Administrator will publish in the Federal Register a notice permitting
the use of the alternative emission standard for purposes of compliance
with the promulgated standard. Any Federal Register notice under this
paragraph shall be published only after the public is notified and given
the opportunity to comment. Such notice will restrict the permission to
the stationary source(s) or category(ies) of sources from which the
alternative emission standard will achieve equivalent emission
reductions. The Administrator will condition permission in such notice
on requirements to assure the proper operation and maintenance of
equipment and practices required for
[[Page 30]]
compliance with the alternative emission standard and other
requirements, including appropriate quality assurance and quality
control requirements, that are deemed necessary.
(2) An owner or operator requesting permission under this paragraph
shall, unless otherwise specified in an applicable subpart, submit a
proposed test plan or the results of testing and monitoring in
accordance with Sec. 63.7 and Sec. 63.8, a description of the
procedures followed in testing or monitoring, and a description of
pertinent conditions during testing or monitoring. Any testing or
monitoring conducted to request permission to use an alternative
nonopacity emission standard shall be appropriately quality assured and
quality controlled, as specified in Sec. 63.7 and Sec. 63.8.
(3) The Administrator may establish general procedures in an
applicable subpart that accomplish the requirements of paragraphs (g)(1)
and (g)(2) of this section.
(h) Compliance with opacity and visible emission standards--(1)
Applicability. The opacity and visible emission standards set forth in
this part must apply at all times except during periods of startup,
shutdown, and malfunction, and as otherwise specified in an applicable
subpart. If a startup, shutdown, or malfunction of one portion of an
affected source does not affect the ability of particular emission
points within other portions of the affected source to comply with the
opacity and visible emission standards set forth in this part, then that
emission point shall still be required to comply with the opacity and
visible emission standards and other applicable requirements.
(2) Methods for determining compliance. (i) The Administrator will
determine compliance with opacity and visible emission standards in this
part based on the results of the test method specified in an applicable
subpart. Whenever a continuous opacity monitoring system (COMS) is
required to be installed to determine compliance with numerical opacity
emission standards in this part, compliance with opacity emission
standards in this part shall be determined by using the results from the
COMS. Whenever an opacity emission test method is not specified,
compliance with opacity emission standards in this part shall be
determined by conducting observations in accordance with Test Method 9
in appendix A of part 60 of this chapter or the method specified in
paragraph (h)(7)(ii) of this section. Whenever a visible emission test
method is not specified, compliance with visible emission standards in
this part shall be determined by conducting observations in accordance
with Test Method 22 in appendix A of part 60 of this chapter.
(ii) [Reserved]
(iii) If an affected source undergoes opacity or visible emission
testing at startup to obtain an operating permit in the State in which
the source is located, the results of such testing may be used to
demonstrate compliance with a relevant standard if--
(A) The opacity or visible emission test was conducted within a
reasonable amount of time before a performance test is required to be
conducted under the relevant standard;
(B) The opacity or visible emission test was conducted under
representative operating conditions for the source;
(C) The opacity or visible emission test was conducted and the
resulting data were reduced using EPA-approved test methods and
procedures, as specified in Sec. 63.7(e); and
(D) The opacity or visible emission test was appropriately quality-
assured, as specified in Sec. 63.7(c) of this section.
(3) [Reserved]
(4) Notification of opacity or visible emission observations. The
owner or operator of an affected source shall notify the Administrator
in writing of the anticipated date for conducting opacity or visible
emission observations in accordance with Sec. 63.9(f), if such
observations are required for the source by a relevant standard.
(5) Conduct of opacity or visible emission observations. When a
relevant standard under this part includes an opacity or visible
emission standard, the owner or operator of an affected source shall
comply with the following:
(i) For the purpose of demonstrating initial compliance, opacity or
visible emission observations shall be conducted concurrently with the
initial
[[Page 31]]
performance test required in Sec. 63.7 unless one of the following
conditions applies:
(A) If no performance test under Sec. 63.7 is required, opacity or
visible emission observations shall be conducted within 60 days after
achieving the maximum production rate at which a new or reconstructed
source will be operated, but not later than 120 days after initial
startup of the source, or within 120 days after the effective date of
the relevant standard in the case of new sources that start up before
the standard's effective date. If no performance test under Sec. 63.7
is required, opacity or visible emission observations shall be conducted
within 120 days after the compliance date for an existing or modified
source; or
(B) If visibility or other conditions prevent the opacity or visible
emission observations from being conducted concurrently with the initial
performance test required under Sec. 63.7, or within the time period
specified in paragraph (h)(5)(i)(A) of this section, the source's owner
or operator shall reschedule the opacity or visible emission
observations as soon after the initial performance test, or time period,
as possible, but not later than 30 days thereafter, and shall advise the
Administrator of the rescheduled date. The rescheduled opacity or
visible emission observations shall be conducted (to the extent
possible) under the same operating conditions that existed during the
initial performance test conducted under Sec. 63.7. The visible
emissions observer shall determine whether visibility or other
conditions prevent the opacity or visible emission observations from
being made concurrently with the initial performance test in accordance
with procedures contained in Test Method 9 or Test Method 22 in appendix
A of part 60 of this chapter.
(ii) For the purpose of demonstrating initial compliance, the
minimum total time of opacity observations shall be 3 hours (30 6-minute
averages) for the performance test or other required set of observations
(e.g., for fugitive-type emission sources subject only to an opacity
emission standard).
(iii) The owner or operator of an affected source to which an
opacity or visible emission standard in this part applies shall conduct
opacity or visible emission observations in accordance with the
provisions of this section, record the results of the evaluation of
emissions, and report to the Administrator the opacity or visible
emission results in accordance with the provisions of Sec. 63.10(d).
(iv) [Reserved]
(v) Opacity readings of portions of plumes that contain condensed,
uncombined water vapor shall not be used for purposes of determining
compliance with opacity emission standards.
(6) Availability of records. The owner or operator of an affected
source shall make available, upon request by the Administrator, such
records that the Administrator deems necessary to determine the
conditions under which the visual observations were made and shall
provide evidence indicating proof of current visible observer emission
certification.
(7) Use of a continuous opacity monitoring system. (i) The owner or
operator of an affected source required to use a continuous opacity
monitoring system (COMS) shall record the monitoring data produced
during a performance test required under Sec. 63.7 and shall furnish
the Administrator a written report of the monitoring results in
accordance with the provisions of Sec. 63.10(e)(4).
(ii) Whenever an opacity emission test method has not been specified
in an applicable subpart, or an owner or operator of an affected source
is required to conduct Test Method 9 observations (see appendix A of
part 60 of this chapter), the owner or operator may submit, for
compliance purposes, COMS data results produced during any performance
test required under Sec. 63.7 in lieu of Method 9 data. If the owner or
operator elects to submit COMS data for compliance with the opacity
emission standard, he or she shall notify the Administrator of that
decision, in writing, simultaneously with the notification under Sec.
63.7(b) of the date the performance test is scheduled to begin. Once the
owner or operator of an affected source has notified the Administrator
to that effect, the COMS data results will be used to determine opacity
compliance during
[[Page 32]]
subsequent performance tests required under Sec. 63.7, unless the owner
or operator notifies the Administrator in writing to the contrary not
later than with the notification under Sec. 63.7(b) of the date the
subsequent performance test is scheduled to begin.
(iii) For the purposes of determining compliance with the opacity
emission standard during a performance test required under Sec. 63.7
using COMS data, the COMS data shall be reduced to 6-minute averages
over the duration of the mass emission performance test.
(iv) The owner or operator of an affected source using a COMS for
compliance purposes is responsible for demonstrating that he/she has
complied with the performance evaluation requirements of Sec. 63.8(e),
that the COMS has been properly maintained, operated, and data quality-
assured, as specified in Sec. 63.8(c) and Sec. 63.8(d), and that the
resulting data have not been altered in any way.
(v) Except as provided in paragraph (h)(7)(ii) of this section, the
results of continuous monitoring by a COMS that indicate that the
opacity at the time visual observations were made was not in excess of
the emission standard are probative but not conclusive evidence of the
actual opacity of an emission, provided that the affected source proves
that, at the time of the alleged violation, the instrument used was
properly maintained, as specified in Sec. 63.8(c), and met Performance
Specification 1 in appendix B of part 60 of this chapter, and that the
resulting data have not been altered in any way.
(8) Finding of compliance. The Administrator will make a finding
concerning an affected source's compliance with an opacity or visible
emission standard upon obtaining all the compliance information required
by the relevant standard (including the written reports of the results
of the performance tests required by Sec. 63.7, the results of Test
Method 9 or another required opacity or visible emission test method,
the observer certification required by paragraph (h)(6) of this section,
and the continuous opacity monitoring system results, whichever is/are
applicable) and any information available to the Administrator needed to
determine whether proper operation and maintenance practices are being
used.
(9) Adjustment to an opacity emission standard. (i) If the
Administrator finds under paragraph (h)(8) of this section that an
affected source is in compliance with all relevant standards for which
initial performance tests were conducted under Sec. 63.7, but during
the time such performance tests were conducted fails to meet any
relevant opacity emission standard, the owner or operator of such source
may petition the Administrator to make appropriate adjustment to the
opacity emission standard for the affected source. Until the
Administrator notifies the owner or operator of the appropriate
adjustment, the relevant opacity emission standard remains applicable.
(ii) The Administrator may grant such a petition upon a
demonstration by the owner or operator that--
(A) The affected source and its associated air pollution control
equipment were operated and maintained in a manner to minimize the
opacity of emissions during the performance tests;
(B) The performance tests were performed under the conditions
established by the Administrator; and
(C) The affected source and its associated air pollution control
equipment were incapable of being adjusted or operated to meet the
relevant opacity emission standard.
(iii) The Administrator will establish an adjusted opacity emission
standard for the affected source meeting the above requirements at a
level at which the source will be able, as indicated by the performance
and opacity tests, to meet the opacity emission standard at all times
during which the source is meeting the mass or concentration emission
standard. The Administrator will promulgate the new opacity emission
standard in the Federal Register.
(iv) After the Administrator promulgates an adjusted opacity
emission standard for an affected source, the owner or operator of such
source shall be subject to the new opacity emission standard, and the
new opacity emission standard shall apply to such source during any
subsequent performance tests.
[[Page 33]]
(i) Extension of compliance with emission standards. (1) Until an
extension of compliance has been granted by the Administrator (or a
State with an approved permit program) under this paragraph, the owner
or operator of an affected source subject to the requirements of this
section shall comply with all applicable requirements of this part.
(2) Extension of compliance for early reductions and other
reductions--(i) Early reductions. Pursuant to section 112(i)(5) of the
Act, if the owner or operator of an existing source demonstrates that
the source has achieved a reduction in emissions of hazardous air
pollutants in accordance with the provisions of subpart D of this part,
the Administrator (or the State with an approved permit program) will
grant the owner or operator an extension of compliance with specific
requirements of this part, as specified in subpart D.
(ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if
the owner or operator of an existing source has installed best available
control technology (BACT) (as defined in section 169(3) of the Act) or
technology required to meet a lowest achievable emission rate (LAER) (as
defined in section 171 of the Act) prior to the promulgation of an
emission standard in this part applicable to such source and the same
pollutant (or stream of pollutants) controlled pursuant to the BACT or
LAER installation, the Administrator will grant the owner or operator an
extension of compliance with such emission standard that will apply
until the date 5 years after the date on which such installation was
achieved, as determined by the Administrator.
(3) Request for extension of compliance. Paragraphs (i)(4) through
(i)(7) of this section concern requests for an extension of compliance
with a relevant standard under this part (except requests for an
extension of compliance under paragraph (i)(2)(i) of this section will
be handled through procedures specified in subpart D of this part).
(4)(i)(A) The owner or operator of an existing source who is unable
to comply with a relevant standard established under this part pursuant
to section 112(d) of the Act may request that the Administrator (or a
State, when the State has an approved part 70 permit program and the
source is required to obtain a part 70 permit under that program, or a
State, when the State has been delegated the authority to implement and
enforce the emission standard for that source) grant an extension
allowing the source up to 1 additional year to comply with the standard,
if such additional period is necessary for the installation of controls.
An additional extension of up to 3 years may be added for mining waste
operations, if the 1-year extension of compliance is insufficient to dry
and cover mining waste in order to reduce emissions of any hazardous air
pollutant. The owner or operator of an affected source who has requested
an extension of compliance under this paragraph and who is otherwise
required to obtain a title V permit shall apply for such permit or apply
to have the source's title V permit revised to incorporate the
conditions of the extension of compliance. The conditions of an
extension of compliance granted under this paragraph will be
incorporated into the affected source's title V permit according to the
provisions of part 70 or Federal title V regulations in this chapter (42
U.S.C. 7661), whichever are applicable.
(B) Any request under this paragraph for an extension of compliance
with a relevant standard must be submitted in writing to the appropriate
authority no later than 120 days prior to the affected source's
compliance date (as specified in paragraphs (b) and (c) of this
section), except as provided for in paragraph (i)(4)(i)(C) of this
section. Nonfrivolous requests submitted under this paragraph will stay
the applicability of the rule as to the emission points in question
until such time as the request is granted or denied. A denial will be
effective as of the date of denial. Emission standards established under
this part may specify alternative dates for the submittal of requests
for an extension of compliance if alternatives are appropriate for the
source categories affected by those standards.
(C) An owner or operator may submit a compliance extension request
after the date specified in paragraph (i)(4)(i)(B) of this section
provided the need for the compliance extension
[[Page 34]]
arose after that date, and before the otherwise applicable compliance
date and the need arose due to circumstances beyond reasonable control
of the owner or operator. This request must include, in addition to the
information required in paragraph (i)(6)(i) of this section, a statement
of the reasons additional time is needed and the date when the owner or
operator first learned of the problems. Nonfrivolous requests submitted
under this paragraph will stay the applicability of the rule as to the
emission points in question until such time as the request is granted or
denied. A denial will be effective as of the original compliance date.
(ii) The owner or operator of an existing source unable to comply
with a relevant standard established under this part pursuant to section
112(f) of the Act may request that the Administrator grant an extension
allowing the source up to 2 years after the standard's effective date to
comply with the standard. The Administrator may grant such an extension
if he/she finds that such additional period is necessary for the
installation of controls and that steps will be taken during the period
of the extension to assure that the health of persons will be protected
from imminent endangerment. Any request for an extension of compliance
with a relevant standard under this paragraph must be submitted in
writing to the Administrator not later than 90 calendar days after the
effective date of the relevant standard.
(5) The owner or operator of an existing source that has installed
BACT or technology required to meet LAER [as specified in paragraph
(i)(2)(ii) of this section] prior to the promulgation of a relevant
emission standard in this part may request that the Administrator grant
an extension allowing the source 5 years from the date on which such
installation was achieved, as determined by the Administrator, to comply
with the standard. Any request for an extension of compliance with a
relevant standard under this paragraph shall be submitted in writing to
the Administrator not later than 120 days after the promulgation date of
the standard. The Administrator may grant such an extension if he or she
finds that the installation of BACT or technology to meet LAER controls
the same pollutant (or stream of pollutants) that would be controlled at
that source by the relevant emission standard.
(6)(i) The request for a compliance extension under paragraph (i)(4)
of this section shall include the following information:
(A) A description of the controls to be installed to comply with the
standard;
(B) A compliance schedule, including the date by which each step
toward compliance will be reached. At a minimum, the list of dates shall
include:
(1) The date by which on-site construction, installation of emission
control equipment, or a process change is planned to be initiated; and
(2) The date by which final compliance is to be achieved.
(3) The date by which on-site construction, installation of emission
control equipment, or a process change is to be completed; and
(4) The date by which final compliance is to be achieved;
(C)-(D)
(ii) The request for a compliance extension under paragraph (i)(5)
of this section shall include all information needed to demonstrate to
the Administrator's satisfaction that the installation of BACT or
technology to meet LAER controls the same pollutant (or stream of
pollutants) that would be controlled at that source by the relevant
emission standard.
(7) Advice on requesting an extension of compliance may be obtained
from the Administrator (or the State with an approved permit program).
(8) Approval of request for extension of compliance. Paragraphs
(i)(9) through (i)(14) of this section concern approval of an extension
of compliance requested under paragraphs (i)(4) through (i)(6) of this
section.
(9) Based on the information provided in any request made under
paragraphs (i)(4) through (i)(6) of this section, or other information,
the Administrator (or the State with an approved permit program) may
grant an extension of compliance with an emission standard, as specified
in paragraphs (i)(4) and (i)(5) of this section.
[[Page 35]]
(10) The extension will be in writing and will--
(i) Identify each affected source covered by the extension;
(ii) Specify the termination date of the extension;
(iii) Specify the dates by which steps toward compliance are to be
taken, if appropriate;
(iv) Specify other applicable requirements to which the compliance
extension applies (e.g., performance tests); and
(v)(A) Under paragraph (i)(4), specify any additional conditions
that the Administrator (or the State) deems necessary to assure
installation of the necessary controls and protection of the health of
persons during the extension period; or
(B) Under paragraph (i)(5), specify any additional conditions that
the Administrator deems necessary to assure the proper operation and
maintenance of the installed controls during the extension period.
(11) The owner or operator of an existing source that has been
granted an extension of compliance under paragraph (i)(10) of this
section may be required to submit to the Administrator (or the State
with an approved permit program) progress reports indicating whether the
steps toward compliance outlined in the compliance schedule have been
reached. The contents of the progress reports and the dates by which
they shall be submitted will be specified in the written extension of
compliance granted under paragraph (i)(10) of this section.
(12)(i) The Administrator (or the State with an approved permit
program) will notify the owner or operator in writing of approval or
intention to deny approval of a request for an extension of compliance
within 30 calendar days after receipt of sufficient information to
evaluate a request submitted under paragraph (i)(4)(i) or (i)(5) of this
section. The Administrator (or the State) will notify the owner or
operator in writing of the status of his/her application, that is,
whether the application contains sufficient information to make a
determination, within 30 calendar days after receipt of the original
application and within 30 calendar days after receipt of any
supplementary information that is submitted. The 30-day approval or
denial period will begin after the owner or operator has been notified
in writing that his/her application is complete.
(ii) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 30 calendar days after he/she
is notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
(iii) Before denying any request for an extension of compliance, the
Administrator (or the State with an approved permit program) will notify
the owner or operator in writing of the Administrator's (or the State's)
intention to issue the denial, together with--
(A) Notice of the information and findings on which the intended
denial is based; and
(B) Notice of opportunity for the owner or operator to present in
writing, within 15 calendar days after he/she is notified of the
intended denial, additional information or arguments to the
Administrator (or the State) before further action on the request.
(iv) The Administrator's final determination to deny any request for
an extension will be in writing and will set forth the specific grounds
on which the denial is based. The final determination will be made
within 30 calendar days after presentation of additional information or
argument (if the application is complete), or within 30 calendar days
after the final date specified for the presentation if no presentation
is made.
(13)(i) The Administrator will notify the owner or operator in
writing of approval or intention to deny approval of a request for an
extension of compliance within 30 calendar days after receipt of
sufficient information to evaluate a request submitted under paragraph
(i)(4)(ii) of this section. The 30-day approval or denial period will
begin after the owner or operator has been notified in writing that his/
her application is complete. The Administrator (or the State) will
notify the
[[Page 36]]
owner or operator in writing of the status of his/her application, that
is, whether the application contains sufficient information to make a
determination, within 15 calendar days after receipt of the original
application and within 15 calendar days after receipt of any
supplementary information that is submitted.
(ii) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 15 calendar days after he/she
is notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
(iii) Before denying any request for an extension of compliance, the
Administrator will notify the owner or operator in writing of the
Administrator's intention to issue the denial, together with--
(A) Notice of the information and findings on which the intended
denial is based; and
(B) Notice of opportunity for the owner or operator to present in
writing, within 15 calendar days after he/she is notified of the
intended denial, additional information or arguments to the
Administrator before further action on the request.
(iv) A final determination to deny any request for an extension will
be in writing and will set forth the specific grounds on which the
denial is based. The final determination will be made within 30 calendar
days after presentation of additional information or argument (if the
application is complete), or within 30 calendar days after the final
date specified for the presentation if no presentation is made.
(14) The Administrator (or the State with an approved permit
program) may terminate an extension of compliance at an earlier date
than specified if any specification under paragraph (i)(10)(iii) or (iv)
of this section is not met. Upon a determination to terminate, the
Administrator will notify, in writing, the owner or operator of the
Administrator's determination to terminate, together with:
(i) Notice of the reason for termination; and
(ii) Notice of opportunity for the owner or operator to present in
writing, within 15 calendar days after he/she is notified of the
determination to terminate, additional information or arguments to the
Administrator before further action on the termination.
(iii) A final determination to terminate an extension of compliance
will be in writing and will set forth the specific grounds on which the
termination is based. The final determination will be made within 30
calendar days after presentation of additional information or arguments,
or within 30 calendar days after the final date specified for the
presentation if no presentation is made.
(15) [Reserved]
(16) The granting of an extension under this section shall not
abrogate the Administrator's authority under section 114 of the Act.
(j) Exemption from compliance with emission standards. The President
may exempt any stationary source from compliance with any relevant
standard established pursuant to section 112 of the Act for a period of
not more than 2 years if the President determines that the technology to
implement such standard is not available and that it is in the national
security interests of the United States to do so. An exemption under
this paragraph may be extended for 1 or more additional periods, each
period not to exceed 2 years.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16599, Apr. 5, 2002; 68
FR 32600, May 30, 2003; 71 FR 20454, Apr. 20, 2006]
Sec. 63.7 Performance testing requirements.
(a) Applicability and performance test dates. (1) The applicability
of this section is set out in Sec. 63.1(a)(4).
(2) Except as provided in paragraph (a)(4) of this section, if
required to do performance testing by a relevant standard, and unless a
waiver of performance testing is obtained under this section or the
conditions of paragraph (c)(3)(ii)(B) of this section apply, the owner
or operator of the affected source must perform such tests within 180
days of the compliance date for such source.
[[Page 37]]
(i)-(viii) [Reserved]
(ix) Except as provided in paragraph (a)(4) of this section, when an
emission standard promulgated under this part is more stringent than the
standard proposed (see Sec. 63.6(b)(3)), the owner or operator of a new
or reconstructed source subject to that standard for which construction
or reconstruction is commenced between the proposal and promulgation
dates of the standard shall comply with performance testing requirements
within 180 days after the standard's effective date, or within 180 days
after startup of the source, whichever is later. If the promulgated
standard is more stringent than the proposed standard, the owner or
operator may choose to demonstrate compliance with either the proposed
or the promulgated standard. If the owner or operator chooses to comply
with the proposed standard initially, the owner or operator shall
conduct a second performance test within 3 years and 180 days after the
effective date of the standard, or after startup of the source,
whichever is later, to demonstrate compliance with the promulgated
standard.
(3) The Administrator may require an owner or operator to conduct
performance tests at the affected source at any other time when the
action is authorized by section 114 of the Act.
(4) If a force majeure is about to occur, occurs, or has occurred
for which the affected owner or operator intends to assert a claim of
force majeure:
(i) The owner or operator shall notify the Administrator, in writing
as soon as practicable following the date the owner or operator first
knew, or through due diligence should have known that the event may
cause or caused a delay in testing beyond the regulatory deadline
specified in paragraph (a)(2) or (a)(3) of this section, or elsewhere in
this part, but the notification must occur before the performance test
deadline unless the initial force majeure or a subsequent force majeure
event delays the notice, and in such cases, the notification shall occur
as soon as practicable.
(ii) The owner or operator shall provide to the Administrator a
written description of the force majeure event and a rationale for
attributing the delay in testing beyond the regulatory deadline to the
force majeure; describe the measures taken or to be taken to minimize
the delay; and identify a date by which the owner or operator proposes
to conduct the performance test. The performance test shall be conducted
as soon as practicable after the force majeure occurs.
(iii) The decision as to whether or not to grant an extension to the
performance test deadline is solely within the discretion of the
Administrator. The Administrator will notify the owner or operator in
writing of approval or disapproval of the request for an extension as
soon as practicable.
(iv) Until an extension of the performance test deadline has been
approved by the Administrator under paragraphs (a)(4)(i), (a)(4)(ii),
and (a)(4)(iii) of this section, the owner or operator of the affected
facility remains strictly subject to the requirements of this part.
(b) Notification of performance test. (1) The owner or operator of
an affected source must notify the Administrator in writing of his or
her intention to conduct a performance test at least 60 calendar days
before the performance test is initially scheduled to begin to allow the
Administrator, upon request, to review an approve the site-specific test
plan required under paragraph (c) of this section and to have an
observer present during the test.
(2) In the event the owner or operator is unable to conduct the
performance test on the date specified in the notification requirement
specified in paragraph (b)(1) of this section due to unforeseeable
circumstances beyond his or her control, the owner or operator must
notify the Administrator as soon as practicable and without delay prior
to the scheduled performance test date and specify the date when the
performance test is rescheduled. This notification of delay in
conducting the performance test shall not relieve the owner or operator
of legal responsibility for compliance with any other applicable
provisions of this part or with any other applicable Federal, State, or
local requirement, nor will it
[[Page 38]]
prevent the Administrator from implementing or enforcing this part or
taking any other action under the Act.
(c) Quality assurance program. (1) The results of the quality
assurance program required in this paragraph will be considered by the
Administrator when he/she determines the validity of a performance test.
(2)(i) Submission of site-specific test plan. Before conducting a
required performance test, the owner or operator of an affected source
shall develop and, if requested by the Administrator, shall submit a
site-specific test plan to the Administrator for approval. The test plan
shall include a test program summary, the test schedule, data quality
objectives, and both an internal and external quality assurance (QA)
program. Data quality objectives are the pretest expectations of
precision, accuracy, and completeness of data.
(ii) The internal QA program shall include, at a minimum, the
activities planned by routine operators and analysts to provide an
assessment of test data precision; an example of internal QA is the
sampling and analysis of replicate samples.
(iii) The performance testing shall include a test method
performance audit (PA) during the performance test. The PAs consist of
blind audit samples supplied by an accredited audit sample provider and
analyzed during the performance test in order to provide a measure of
test data bias. Gaseous audit samples are designed to audit the
performance of the sampling system as well as the analytical system and
must be collected by the sampling system during the compliance test just
as the compliance samples are collected. If a liquid or solid audit
sample is designed to audit the sampling system, it must also be
collected by the sampling system during the compliance test. If multiple
sampling systems or sampling trains are used during the compliance test
for any of the test methods, the tester is only required to use one of
the sampling systems per method to collect the audit sample. The audit
sample must be analyzed by the same analyst using the same analytical
reagents and analytical system and at the same time as the compliance
samples. Retests are required when there is a failure to produce
acceptable results for an audit sample. However, if the audit results do
not affect the compliance or noncompliance status of the affected
facility, the compliance authority may waive the reanalysis requirement,
further audits, or retests and accept the results of the compliance
test. Acceptance of the test results shall constitute a waiver of the
reanalysis requirement, further audits, or retests. The compliance
authority may also use the audit sample failure and the compliance test
results as evidence to determine the compliance or noncompliance status
of the affected facility. A blind audit sample is a sample whose value
is known only to the sample provider and is not revealed to the tested
facility until after they report the measured value of the audit sample.
For pollutants that exist in the gas phase at ambient temperature, the
audit sample shall consist of an appropriate concentration of the
pollutant in air or nitrogen that can be introduced into the sampling
system of the test method at or near the same entry point as a sample
from the emission source. If no gas phase audit samples are available,
an acceptable alternative is a sample of the pollutant in the same
matrix that would be produced when the sample is recovered from the
sampling system as required by the test method. For samples that exist
only in a liquid or solid form at ambient temperature, the audit sample
shall consist of an appropriate concentration of the pollutant in the
same matrix that would be produced when the sample is recovered from the
sampling system as required by the test method. An accredited audit
sample provider (AASP) is an organization that has been accredited to
prepare audit samples by an independent, third party accrediting body.
(A) The source owner, operator, or representative of the tested
facility shall obtain an audit sample, if commercially available, from
an AASP for each test method used for regulatory compliance purposes. No
audit samples are required for the following test methods: Methods 3C of
Appendix A-3 of Part 60, Methods 6C, 7E, 9, and 10 of Appendix A-4 of
Part 60, Method 18 of Appendix A-6 of Part 60, Methods 20, 22,
[[Page 39]]
and 25A of Appendix A-7 of Part 60, and Methods 303, 318, 320, and 321
of Appendix A of Part 63. If multiple sources at a single facility are
tested during a compliance test event, only one audit sample is required
for each method used during a compliance test. The compliance authority
responsible for the compliance test may waive the requirement to include
an audit sample if they believe that an audit sample is not necessary.
``Commercially available'' means that two or more independent AASPs have
blind audit samples available for purchase. If the source owner,
operator, or representative cannot find an audit sample for a specific
method, the owner, operator, or representative shall consult the EPA Web
site at the following URL, http://www.epa.gov/ttn/emc, to confirm
whether there is a source that can supply an audit sample for that
method. If the EPA Web site does not list an available audit sample at
least 60 days prior to the beginning of the compliance test, the source
owner, operator, or representative shall not be required to include an
audit sample as part of the quality assurance program for the compliance
test. When ordering an audit sample, the source owner, operator, or
representative shall give the sample provider an estimate for the
concentration of each pollutant that is emitted by the source or the
estimated concentration of each pollutant based on the permitted level
and the name, address, and phone number of the compliance authority. The
source owner, operator, or representative shall report the results for
the audit sample along with a summary of the emission test results for
the audited pollutant to the compliance authority and shall report the
results of the audit sample to the AASP. The source owner, operator, or
representative shall make both reports at the same time and in the same
manner or shall report to the compliance authority first and report to
the AASP. If the method being audited is a method that allows the
samples to be analyzed in the field and the tester plans to analyze the
samples in the field, the tester may analyze the audit samples prior to
collecting the emission samples provided a representative of the
compliance authority is present at the testing site. The tester may
request and the compliance authority may grant a waiver to the
requirement that a representative of the compliance authority must be
present at the testing site during the field analysis of an audit
sample. The source owner, operator, or representative may report the
results of the audit sample to the compliance authority and then report
the results of the audit sample to the AASP prior to collecting any
emission samples. The test protocol and final test report shall document
whether an audit sample was ordered and utilized and the pass/fail
results as applicable.
(B) An AASP shall have and shall prepare, analyze, and report the
true value of audit samples in accordance with a written technical
criteria document that describes how audit samples will be prepared and
distributed in a manner that will ensure the integrity of the audit
sample program. An acceptable technical criteria document shall contain
standard operating procedures for all of the following operations:
(1) Preparing the sample;
(2) Confirming the true concentration of the sample;
(3) Defining the acceptance limits for the results from a well
qualified tester. This procedure must use well established statistical
methods to analyze historical results from well qualified testers. The
acceptance limits shall be set so that there is 95 percent confidence
that 90 percent of well qualified labs will produce future results that
are within the acceptance limit range;
(4) Providing the opportunity for the compliance authority to
comment on the selected concentration level for an audit sample;
(5) Distributing the sample to the user in a manner that guarantees
that the true value of the sample is unknown to the user;
(6) Recording the measured concentration reported by the user and
determining if the measured value is within acceptable limits;
(7) Reporting the results from each audit sample in a timely manner
to the compliance authority and to the source owner, operator, or
representative by the AASP. The AASP shall make both reports at the same
time and in the
[[Page 40]]
same manner or shall report to the compliance authority first and then
report to the source owner, operator, or representative. The results
shall include the name of the facility tested, the date on which the
compliance test was conducted, the name of the company performing the
sample collection, the name of the company that analyzed the compliance
samples including the audit sample, the measured result for the audit
sample, and whether the testing company passed or failed the audit. The
AASP shall report the true value of the audit sample to the compliance
authority. The AASP may report the true value to the source owner,
operator, or representative if the AASP's operating plan ensures that no
laboratory will receive the same audit sample twice.
(8) Evaluating the acceptance limits of samples at least once every
two years to determine in consultation with the voluntary consensus
standard body if they should be changed.
(9) Maintaining a database, accessible to the compliance
authorities, of results from the audit that shall include the name of
the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection, the
name of the company that analyzed the compliance samples including the
audit sample, the measured result for the audit sample, the true value
of the audit sample, the acceptance range for the measured value, and
whether the testing company passed or failed the audit.
(C) The accrediting body shall have a written technical criteria
document that describes how it will ensure that the AASP is operating in
accordance with the AASP technical criteria document that describes how
audit samples are to be prepared and distributed. This document shall
contain standard operating procedures for all of the following
operations:
(1) Checking audit samples to confirm their true value as reported
by the AASP.
(2) Performing technical systems audits of the AASP's facilities and
operating procedures at least once every two years.
(3) Providing standards for use by the voluntary consensus standard
body to approve the accrediting body that will accredit the audit sample
providers.
(D) The technical criteria documents for the accredited sample
providers and the accrediting body shall be developed through a public
process guided by a voluntary consensus standards body (VCSB). The VCSB
shall operate in accordance with the procedures and requirements in the
Office of Management and Budget Circular A-119. A copy of Circular A-119
is available upon request by writing the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington, DC 20503, by calling (202) 395-6880 or downloading
online at http://standards.gov/standards--gov/a119.cfm. The VCSB shall
approve all accrediting bodies. The Administrator will review all
technical criteria documents. If the technical criteria documents do not
meet the minimum technical requirements in paragraphs (c)(2)(iii)(B)
through (C) of this section, the technical criteria documents are not
acceptable and the proposed audit sample program is not capable of
producing audit samples of sufficient quality to be used in a compliance
test. All acceptable technical criteria documents shall be posted on the
EPA Web site at the following URL, http://www.epa.gov/ttn/emc.
(iv) The owner or operator of an affected source shall submit the
site-specific test plan to the Administrator upon the Administrator's
request at least 60 calendar days before the performance test is
scheduled to take place, that is, simultaneously with the notification
of intention to conduct a performance test required under paragraph (b)
of this section, or on a mutually agreed upon date.
(v) The Administrator may request additional relevant information
after the submittal of a site-specific test plan.
(3) Approval of site-specific test plan. (i) The Administrator will
notify the owner or operator of approval or intention to deny approval
of the site-specific test plan (if review of the site-specific test plan
is requested) within 30 calendar days after receipt of the original plan
and within 30 calendar days
[[Page 41]]
after receipt of any supplementary information that is submitted under
paragraph (c)(3)(i)(B) of this section. Before disapproving any site-
specific test plan, the Administrator will notify the applicant of the
Administrator's intention to disapprove the plan together with--
(A) Notice of the information and findings on which the intended
disapproval is based; and
(B) Notice of opportunity for the owner or operator to present,
within 30 calendar days after he/she is notified of the intended
disapproval, additional information to the Administrator before final
action on the plan.
(ii) In the event that the Administrator fails to approve or
disapprove the site-specific test plan within the time period specified
in paragraph (c)(3)(i) of this section, the following conditions shall
apply:
(A) If the owner or operator intends to demonstrate compliance using
the test method(s) specified in the relevant standard or with only minor
changes to those tests methods (see paragraph (e)(2)(i) of this
section), the owner or operator must conduct the performance test within
the time specified in this section using the specified method(s);
(B) If the owner or operator intends to demonstrate compliance by
using an alternative to any test method specified in the relevant
standard, the owner or operator is authorized to conduct the performance
test using an alternative test method after the Administrator approves
the use of the alternative method when the Administrator approves the
site-specific test plan (if review of the site-specific test plan is
requested) or after the alternative method is approved (see paragraph
(f) of this section). However, the owner or operator is authorized to
conduct the performance test using an alternative method in the absence
of notification of approval 45 days after submission of the site-
specific test plan or request to use an alternative method. The owner or
operator is authorized to conduct the performance test within 60
calendar days after he/she is authorized to demonstrate compliance using
an alternative test method. Notwithstanding the requirements in the
preceding three sentences, the owner or operator may proceed to conduct
the performance test as required in this section (without the
Administrator's prior approval of the site-specific test plan) if he/she
subsequently chooses to use the specified testing and monitoring methods
instead of an alternative.
(iii) Neither the submission of a site-specific test plan for
approval, nor the Administrator's approval or disapproval of a plan, nor
the Administrator's failure to approve or disapprove a plan in a timely
manner shall--
(A) Relieve an owner or operator of legal responsibility for
compliance with any applicable provisions of this part or with any other
applicable Federal, State, or local requirement; or
(B) Prevent the Administrator from implementing or enforcing this
part or taking any other action under the Act.
(d) Performance testing facilities. If required to do performance
testing, the owner or operator of each new source and, at the request of
the Administrator, the owner or operator of each existing source, shall
provide performance testing facilities as follows:
(1) Sampling ports adequate for test methods applicable to such
source. This includes:
(i) Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be accurately
determined by applicable test methods and procedures; and
(ii) Providing a stack or duct free of cyclonic flow during
performance tests, as demonstrated by applicable test methods and
procedures;
(2) Safe sampling platform(s);
(3) Safe access to sampling platform(s);
(4) Utilities for sampling and testing equipment; and
(5) Any other facilities that the Administrator deems necessary for
safe and adequate testing of a source.
(e) Conduct of performance tests. (1) Performance tests shall be
conducted
[[Page 42]]
under such conditions as the Administrator specifies to the owner or
operator based on representative performance (i.e., performance based on
normal operating conditions) of the affected source. Operations during
periods of startup, shutdown, and malfunction shall not constitute
representative conditions for the purpose of a performance test, nor
shall emissions in excess of the level of the relevant standard during
periods of startup, shutdown, and malfunction be considered a violation
of the relevant standard unless otherwise specified in the relevant
standard or a determination of noncompliance is made under Sec.
63.6(e). Upon request, the owner or operator shall make available to the
Administrator such records as may be necessary to determine the
conditions of performance tests.
(2) Performance tests shall be conducted and data shall be reduced
in accordance with the test methods and procedures set forth in this
section, in each relevant standard, and, if required, in applicable
appendices of parts 51, 60, 61, and 63 of this chapter unless the
Administrator--
(i) Specifies or approves, in specific cases, the use of a test
method with minor changes in methodology (see definition in Sec.
63.90(a)). Such changes may be approved in conjunction with approval of
the site-specific test plan (see paragraph (c) of this section); or
(ii) Approves the use of an intermediate or major change or
alternative to a test method (see definitions in Sec. 63.90(a)), the
results of which the Administrator has determined to be adequate for
indicating whether a specific affected source is in compliance; or
(iii) Approves shorter sampling times or smaller sample volumes when
necessitated by process variables or other factors; or
(iv) Waives the requirement for performance tests because the owner
or operator of an affected source has demonstrated by other means to the
Administrator's satisfaction that the affected source is in compliance
with the relevant standard.
(3) Unless otherwise specified in a relevant standard or test
method, each performance test shall consist of three separate runs using
the applicable test method. Each run shall be conducted for the time and
under the conditions specified in the relevant standard. For the purpose
of determining compliance with a relevant standard, the arithmetic mean
of the results of the three runs shall apply. Upon receiving approval
from the Administrator, results of a test run may be replaced with
results of an additional test run in the event that--
(i) A sample is accidentally lost after the testing team leaves the
site; or
(ii) Conditions occur in which one of the three runs must be
discontinued because of forced shutdown; or
(iii) Extreme meteorological conditions occur; or
(iv) Other circumstances occur that are beyond the owner or
operator's control.
(4) Nothing in paragraphs (e)(1) through (e)(3) of this section
shall be construed to abrogate the Administrator's authority to require
testing under section 114 of the Act.
(f) Use of an alternative test method--(1)General. Until authorized
to use an intermediate or major change or alternative to a test method,
the owner or operator of an affected source remains subject to the
requirements of this section and the relevant standard.
(2) The owner or operator of an affected source required to do
performance testing by a relevant standard may use an alternative test
method from that specified in the standard provided that the owner or
operator--
(i) Notifies the Administrator of his or her intention to use an
alternative test method at least 60 days before the performance test is
scheduled to begin;
(ii) Uses Method 301 in appendix A of this part to validate the
alternative test method. This may include the use of specific procedures
of Method 301 if use of such procedures are sufficient to validate the
alternative test method; and
(iii) Submits the results of the Method 301 validation process along
with thnotification of intention and the justification for not using the
specified test method. The owner or operator may submit the information
required in this paragraph well in advance of the deadline specified in
paragraph
[[Page 43]]
(f)(2)(i) of this section to ensure a timely review by the Administrator
in order to meet the performance test date specified in this section or
the relevant standard.
(3) The Administrator will determine whether the owner or operator's
validation of the proposed alternative test method is adequate and issue
an approval or disapproval of the alternative test method. If the owner
or operator intends to demonstrate compliance by using an alternative to
any test method specified in the relevant standard, the owner or
operator is authorized to conduct the performance test using an
alternative test method after the Administrator approves the use of the
alternative method. However, the owner or operator is authorized to
conduct the performance test using an alternative method in the absence
of notification of approval/disapproval 45 days after submission of the
request to use an alternative method and the request satisfies the
requirements in paragraph (f)(2) of this section. The owner or operator
is authorized to conduct the performance test within 60 calendar days
after he/she is authorized to demonstrate compliance using an
alternative test method. Notwithstanding the requirements in the
preceding three sentences, the owner or operator may proceed to conduct
the performance test as required in this section (without the
Administrator's prior approval of the site-specific test plan) if he/she
subsequently chooses to use the specified testing and monitoring methods
instead of an alternative.
(4) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative test method for the purposes of
demonstrating compliance with a relevant standard, the Administrator may
require the use of a test method specified in a relevant standard.
(5) If the owner or operator uses an alternative test method for an
affected source during a required performance test, the owner or
operator of such source shall continue to use the alternative test
method for subsequent performance tests at that affected source until he
or she receives approval from the Administrator to use another test
method as allowed under Sec. 63.7(f).
(6) Neither the validation and approval process nor the failure to
validate an alternative test method shall abrogate the owner or
operator's responsibility to comply with the requirements of this part.
(g) Data analysis, recordkeeping, and reporting. (1) Unless
otherwise specified in a relevant standard or test method, or as
otherwise approved by the Administrator in writing, results of a
performance test shall include the analysis of samples, determination of
emissions, and raw data. A performance test is ``completed'' when field
sample collection is terminated. The owner or operator of an affected
source shall report the results of the performance test to the
Administrator before the close of business on the 60th day following the
completion of the performance test, unless specified otherwise in a
relevant standard or as approved otherwise in writing by the
Administrator (see Sec. 63.9(i)). The results of the performance test
shall be submitted as part of the notification of compliance status
required under Sec. 63.9(h). Before a title V permit has been issued to
the owner or operator of an affected source, the owner or operator shall
send the results of the performance test to the Administrator. After a
title V permit has been issued to the owner or operator of an affected
source, the owner or operator shall send the results of the performance
test to the appropriate permitting authority.
(2) [Reserved]
(3) For a minimum of 5 years after a performance test is conducted,
the owner or operator shall retain and make available, upon request, for
inspection by the Administrator the records or results of such
performance test and other data needed to determine emissions from an
affected source.
(h) Waiver of performance tests. (1) Until a waiver of a performance
testing requirement has been granted by the Administrator under this
paragraph, the owner or operator of an affected source remains subject
to the requirements of this section.
(2) Individual performance tests may be waived upon written
application to
[[Page 44]]
the Administrator if, in the Administrator's judgment, the source is
meeting the relevant standard(s) on a continuous basis, or the source is
being operated under an extension of compliance, or the owner or
operator has requested an extension of compliance and the Administrator
is still considering that request.
(3) Request to waive a performance test. (i) If a request is made
for an extension of compliance under Sec. 63.6(i), the application for
a waiver of an initial performance test shall accompany the information
required for the request for an extension of compliance. If no extension
of compliance is requested or if the owner or operator has requested an
extension of compliance and the Administrator is still considering that
request, the application for a waiver of an initial performance test
shall be submitted at least 60 days before the performance test if the
site-specific test plan under paragraph (c) of this section is not
submitted.
(ii) If an application for a waiver of a subsequent performance test
is made, the application may accompany any required compliance progress
report, compliance status report, or excess emissions and continuous
monitoring system performance report [such as those required under Sec.
63.6(i), Sec. 63.9(h), and Sec. 63.10(e) or specified in a relevant
standard or in the source's title V permit], but it shall be submitted
at least 60 days before the performance test if the site-specific test
plan required under paragraph (c) of this section is not submitted.
(iii) Any application for a waiver of a performance test shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the affected source performing the required test.
(4) Approval of request to waive performance test. The Administrator
will approve or deny a request for a waiver of a performance test made
under paragraph (h)(3) of this section when he/she--
(i) Approves or denies an extension of compliance under Sec.
63.6(i)(8); or
(ii) Approves or disapproves a site-specific test plan under Sec.
63.7(c)(3); or
(iii) Makes a determination of compliance following the submission
of a required compliance status report or excess emissions and
continuous monitoring systems performance report; or
(iv) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report, whichever is
applicable.
(5) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later canceling the waiver. The
cancellation will be made only after notice is given to the owner or
operator of the affected source.
[59 FR 12430, Mar. 16, 1994, as amended at 65 FR 62215, Oct. 17, 2000;
67 FR 16602, Apr. 5, 2002; 72 FR 27443, May 16, 2007; 75 FR 55655, Sept.
13, 2010]
Sec. 63.8 Monitoring requirements.
(a) Applicability. (1) The applicability of this section is set out
in Sec. 63.1(a)(4).
(2) For the purposes of this part, all CMS required under relevant
standards shall be subject to the provisions of this section upon
promulgation of performance specifications for CMS as specified in the
relevant standard or otherwise by the Administrator.
(3) [Reserved]
(4) Additional monitoring requirements for control devices used to
comply with provisions in relevant standards of this part are specified
in Sec. 63.11.
(b) Conduct of monitoring. (1) Monitoring shall be conducted as set
forth in this section and the relevant standard(s) unless the
Administrator--
(i) Specifies or approves the use of minor changes in methodology
for the specified monitoring requirements and procedures (see Sec.
63.90(a) for definition); or
(ii) Approves the use of an intermediate or major change or
alternative to any monitoring requirements or procedures (see Sec.
63.90(a) for definition).
(iii) Owners or operators with flares subject to Sec. 63.11(b) are
not subject to the requirements of this section unless otherwise
specified in the relevant standard.
(2)(i) When the emissions from two or more affected sources are
combined before being released to the atmosphere,
[[Page 45]]
the owner or operator may install an applicable CMS for each emission
stream or for the combined emissions streams, provided the monitoring is
sufficient to demonstrate compliance with the relevant standard.
(ii) If the relevant standard is a mass emission standard and the
emissions from one affected source are released to the atmosphere
through more than one point, the owner or operator must install an
applicable CMS at each emission point unless the installation of fewer
systems is--
(A) Approved by the Administrator; or
(B) Provided for in a relevant standard (e.g., instead of requiring
that a CMS be installed at each emission point before the effluents from
those points are channeled to a common control device, the standard
specifies that only one CMS is required to be installed at the vent of
the control device).
(3) When more than one CMS is used to measure the emissions from one
affected source (e.g., multiple breechings, multiple outlets), the owner
or operator shall report the results as required for each CMS. However,
when one CMS is used as a backup to another CMS, the owner or operator
shall report the results from the CMS used to meet the monitoring
requirements of this part. If both such CMS are used during a particular
reporting period to meet the monitoring requirements of this part, then
the owner or operator shall report the results from each CMS for the
relevant compliance period.
(c) Operation and maintenance of continuous monitoring systems. (1)
The owner or operator of an affected source shall maintain and operate
each CMS as specified in this section, or in a relevant standard, and in
a manner consistent with good air pollution control practices. (i) The
owner or operator of an affected source must maintain and operate each
CMS as specified in Sec. 63.6(e)(1).
(ii) The owner or operator must keep the necessary parts for routine
repairs of the affected CMS equipment readily available.
(iii) The owner or operator of an affected source must develop a
written startup, shutdown, and malfunction plan for CMS as specified in
Sec. 63.6(e)(3).
(2)(i) All CMS must be installed such that representative measures
of emissions or process parameters from the affected source are
obtained. In addition, CEMS must be located according to procedures
contained in the applicable performance specification(s).
(ii) Unless the individual subpart states otherwise, the owner or
operator must ensure the read out (that portion of the CMS that provides
a visual display or record), or other indication of operation, from any
CMS required for compliance with the emission standard is readily
accessible on site for operational control or inspection by the operator
of the equipment.
(3) All CMS shall be installed, operational, and the data verified
as specified in the relevant standard either prior to or in conjunction
with conducting performance tests under Sec. 63.7. Verification of
operational status shall, at a minimum, include completion of the
manufacturer's written specifications or recommendations for
installation, operation, and calibration of the system.
(4) Except for system breakdowns, out-of-control periods, repairs,
maintenance periods, calibration checks, and zero (low-level) and high-
level calibration drift adjustments, all CMS, including COMS and CEMS,
shall be in continuous operation and shall meet minimum frequency of
operation requirements as follows:
(i) All COMS shall complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period.
(ii) All CEMS for measuring emissions other than opacity shall
complete a minimum of one cycle of operation (sampling, analyzing, and
data recording) for each successive 15-minute period.
(5) Unless otherwise approved by the Administrator, minimum
procedures for COMS shall include a method for producing a simulated
zero opacity condition and an upscale (high-level) opacity condition
using a certified neutral density filter or other related technique to
produce a known obscuration of the light beam. Such procedures
[[Page 46]]
shall provide a system check of all the analyzer's internal optical
surfaces and all electronic circuitry, including the lamp and
photodetector assembly normally used in the measurement of opacity.
(6) The owner or operator of a CMS that is not a CPMS, which is
installed in accordance with the provisions of this part and the
applicable CMS performance specification(s), must check the zero (low-
level) and high-level calibration drifts at least once daily in
accordance with the written procedure specified in the performance
evaluation plan developed under paragraphs (e)(3)(i) and (ii) of this
section. The zero (low-level) and high-level calibration drifts must be
adjusted, at a minimum, whenever the 24-hour zero (low-level) drift
exceeds two times the limits of the applicable performance
specification(s) specified in the relevant standard. The system shall
allow the amount of excess zero (low-level) and high-level drift
measured at the 24-hour interval checks to be recorded and quantified
whenever specified. For COMS, all optical and instrumental surfaces
exposed to the effluent gases must be cleaned prior to performing the
zero (low-level) and high-level drift adjustments; the optical surfaces
and instrumental surfaces must be cleaned when the cumulative automatic
zero compensation, if applicable, exceeds 4 percent opacity. The CPMS
must be calibrated prior to use for the purposes of complying with this
section. The CPMS must be checked daily for indication that the system
is responding. If the CPMS system includes an internal system check,
results must be recorded and checked daily for proper operation.
(7)(i) A CMS is out of control if--
(A) The zero (low-level), mid-level (if applicable), or high-level
calibration drift (CD) exceeds two times the applicable CD specification
in the applicable performance specification or in the relevant standard;
or
(B) The CMS fails a performance test audit (e.g., cylinder gas
audit), relative accuracy audit, relative accuracy test audit, or
linearity test audit; or
(C) The COMS CD exceeds two times the limit in the applicable
performance specification in the relevant standard.
(ii) When the CMS is out of control, the owner or operator of the
affected source shall take the necessary corrective action and shall
repeat all necessary tests which indicate that the system is out of
control. The owner or operator shall take corrective action and conduct
retesting until the performance requirements are below the applicable
limits. The beginning of the out-of-control period is the hour the owner
or operator conducts a performance check (e.g., calibration drift) that
indicates an exceedance of the performance requirements established
under this part. The end of the out-of-control period is the hour
following the completion of corrective action and successful
demonstration that the system is within the allowable limits. During the
period the CMS is out of control, recorded data shall not be used in
data averages and calculations, or to meet any data availability
requirement established under this part.
(8) The owner or operator of a CMS that is out of control as defined
in paragraph (c)(7) of this section shall submit all information
concerning out-of-control periods, including start and end dates and
hours and descriptions of corrective actions taken, in the excess
emissions and continuous monitoring system performance report required
in Sec. 63.10(e)(3).
(d) Quality control program. (1) The results of the quality control
program required in this paragraph will be considered by the
Administrator when he/she determines the validity of monitoring data.
(2) The owner or operator of an affected source that is required to
use a CMS and is subject to the monitoring requirements of this section
and a relevant standard shall develop and implement a CMS quality
control program. As part of the quality control program, the owner or
operator shall develop and submit to the Administrator for approval upon
request a site-specific performance evaluation test plan for the CMS
performance evaluation required in paragraph (e)(3)(i) of this section,
according to the procedures specified in paragraph (e). In addition,
each quality control program shall include, at a minimum, a written
[[Page 47]]
protocol that describes procedures for each of the following operations:
(i) Initial and any subsequent calibration of the CMS;
(ii) Determination and adjustment of the calibration drift of the
CMS;
(iii) Preventive maintenance of the CMS, including spare parts
inventory;
(iv) Data recording, calculations, and reporting;
(v) Accuracy audit procedures, including sampling and analysis
methods; and
(vi) Program of corrective action for a malfunctioning CMS.
(3) The owner or operator shall keep these written procedures on
record for the life of the affected source or until the affected source
is no longer subject to the provisions of this part, to be made
available for inspection, upon request, by the Administrator. If the
performance evaluation plan is revised, the owner or operator shall keep
previous (i.e., superseded) versions of the performance evaluation plan
on record to be made available for inspection, upon request, by the
Administrator, for a period of 5 years after each revision to the plan.
Where relevant, e.g., program of corrective action for a malfunctioning
CMS, these written procedures may be incorporated as part of the
affected source's startup, shutdown, and malfunction plan to avoid
duplication of planning and recordkeeping efforts.
(e) Performance evaluation of continuous monitoring systems--(1)
General. When required by a relevant standard, and at any other time the
Administrator may require under section 114 of the Act, the owner or
operator of an affected source being monitored shall conduct a
performance evaluation of the CMS. Such performance evaluation shall be
conducted according to the applicable specifications and procedures
described in this section or in the relevant standard.
(2) Notification of performance evaluation. The owner or operator
shall notify the Administrator in writing of the date of the performance
evaluation simultaneously with the notification of the performance test
date required under Sec. 63.7(b) or at least 60 days prior to the date
the performance evaluation is scheduled to begin if no performance test
is required.
(3)(i) Submission of site-specific performance evaluation test plan.
Before conducting a required CMS performance evaluation, the owner or
operator of an affected source shall develop and submit a site-specific
performance evaluation test plan to the Administrator for approval upon
request. The performance evaluation test plan shall include the
evaluation program objectives, an evaluation program summary, the
performance evaluation schedule, data quality objectives, and both an
internal and external QA program. Data quality objectives are the pre-
evaluation expectations of precision, accuracy, and completeness of
data.
(ii) The internal QA program shall include, at a minimum, the
activities planned by routine operators and analysts to provide an
assessment of CMS performance. The external QA program shall include, at
a minimum, systems audits that include the opportunity for on-site
evaluation by the Administrator of instrument calibration, data
validation, sample logging, and documentation of quality control data
and field maintenance activities.
(iii) The owner or operator of an affected source shall submit the
site-specific performance evaluation test plan to the Administrator (if
requested) at least 60 days before the performance test or performance
evaluation is scheduled to begin, or on a mutually agreed upon date, and
review and approval of the performance evaluation test plan by the
Administrator will occur with the review and approval of the site-
specific test plan (if review of the site-specific test plan is
requested).
(iv) The Administrator may request additional relevant information
after the submittal of a site-specific performance evaluation test plan.
(v) In the event that the Administrator fails to approve or
disapprove the site-specific performance evaluation test plan within the
time period specified in Sec. 63.7(c)(3), the following conditions
shall apply:
(A) If the owner or operator intends to demonstrate compliance using
the monitoring method(s) specified in the relevant standard, the owner
or operator shall conduct the performance
[[Page 48]]
evaluation within the time specified in this subpart using the specified
method(s);
(B) If the owner or operator intends to demonstrate compliance by
using an alternative to a monitoring method specified in the relevant
standard, the owner or operator shall refrain from conducting the
performance evaluation until the Administrator approves the use of the
alternative method. If the Administrator does not approve the use of the
alternative method within 30 days before the performance evaluation is
scheduled to begin, the performance evaluation deadlines specified in
paragraph (e)(4) of this section may be extended such that the owner or
operator shall conduct the performance evaluation within 60 calendar
days after the Administrator approves the use of the alternative method.
Notwithstanding the requirements in the preceding two sentences, the
owner or operator may proceed to conduct the performance evaluation as
required in this section (without the Administrator's prior approval of
the site-specific performance evaluation test plan) if he/she
subsequently chooses to use the specified monitoring method(s) instead
of an alternative.
(vi) Neither the submission of a site-specific performance
evaluation test plan for approval, nor the Administrator's approval or
disapproval of a plan, nor the Administrator's failure to approve or
disapprove a plan in a timely manner shall--
(A) Relieve an owner or operator of legal responsibility for
compliance with any applicable provisions of this part or with any other
applicable Federal, State, or local requirement; or
(B) Prevent the Administrator from implementing or enforcing this
part or taking any other action under the Act.
(4) Conduct of performance evaluation and performance evaluation
dates. The owner or operator of an affected source shall conduct a
performance evaluation of a required CMS during any performance test
required under Sec. 63.7 in accordance with the applicable performance
specification as specified in the relevant standard. Notwithstanding the
requirement in the previous sentence, if the owner or operator of an
affected source elects to submit COMS data for compliance with a
relevant opacity emission standard as provided under Sec. 63.6(h)(7),
he/she shall conduct a performance evaluation of the COMS as specified
in the relevant standard, before the performance test required under
Sec. 63.7 is conducted in time to submit the results of the performance
evaluation as specified in paragraph (e)(5)(ii) of this section. If a
performance test is not required, or the requirement for a performance
test has been waived under Sec. 63.7(h), the owner or operator of an
affected source shall conduct the performance evaluation not later than
180 days after the appropriate compliance date for the affected source,
as specified in Sec. 63.7(a), or as otherwise specified in the relevant
standard.
(5) Reporting performance evaluation results. (i) The owner or
operator shall furnish the Administrator a copy of a written report of
the results of the performance evaluation simultaneously with the
results of the performance test required under Sec. 63.7 or within 60
days of completion of the performance evaluation if no test is required,
unless otherwise specified in a relevant standard. The Administrator may
request that the owner or operator submit the raw data from a
performance evaluation in the report of the performance evaluation
results.
(ii) The owner or operator of an affected source using a COMS to
determine opacity compliance during any performance test required under
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the
Administrator two or, upon request, three copies of a written report of
the results of the COMS performance evaluation under this paragraph. The
copies shall be provided at least 15 calendar days before the
performance test required under Sec. 63.7 is conducted.
(f) Use of an alternative monitoring method--(1) General. Until
permission to use an alternative monitoring procedure (minor,
intermediate, or major changes; see definition in Sec. 63.90(a)) has
been granted by the Administrator under this paragraph (f)(1), the owner
or operator of an affected source remains subject to the requirements of
this section and the relevant standard.
(2) After receipt and consideration of written application, the
Administrator
[[Page 49]]
may approve alternatives to any monitoring methods or procedures of this
part including, but not limited to, the following:
(i) Alternative monitoring requirements when installation of a CMS
specified by a relevant standard would not provide accurate measurements
due to liquid water or other interferences caused by substances within
the effluent gases;
(ii) Alternative monitoring requirements when the affected source is
infrequently operated;
(iii) Alternative monitoring requirements to accommodate CEMS that
require additional measurements to correct for stack moisture
conditions;
(iv) Alternative locations for installing CMS when the owner or
operator can demonstrate that installation at alternate locations will
enable accurate and representative measurements;
(v) Alternate methods for converting pollutant concentration
measurements to units of the relevant standard;
(vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases
or test cells;
(vii) Alternatives to the American Society for Testing and Materials
(ASTM) test methods or sampling procedures specified by any relevant
standard;
(viii) Alternative CMS that do not meet the design or performance
requirements in this part, but adequately demonstrate a definite and
consistent relationship between their measurements and the measurements
of opacity by a system complying with the requirements as specified in
the relevant standard. The Administrator may require that such
demonstration be performed for each affected source; or
(ix) Alternative monitoring requirements when the effluent from a
single affected source or the combined effluent from two or more
affected sources is released to the atmosphere through more than one
point.
(3) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative monitoring method, requirement, or
procedure, the Administrator may require the use of a method,
requirement, or procedure specified in this section or in the relevant
standard. If the results of the specified and alternative method,
requirement, or procedure do not agree, the results obtained by the
specified method, requirement, or procedure shall prevail.
(4)(i) Request to use alternative monitoring procedure. An owner or
operator who wishes to use an alternative monitoring procedure must
submit an application to the Administrator as described in paragraph
(f)(4)(ii) of this section. The application may be submitted at any time
provided that the monitoring procedure is not the performance test
method used to demonstrate compliance with a relevant standard or other
requirement. If the alternative monitoring procedure will serve as the
performance test method that is to be used to demonstrate compliance
with a relevant standard, the application must be submitted at least 60
days before the performance evaluation is scheduled to begin and must
meet the requirements for an alternative test method under Sec.
63.7(f).
(ii) The application must contain a description of the proposed
alternative monitoring system which addresses the four elements
contained in the definition of monitoring in Sec. 63.2 and a
performance evaluation test plan, if required, as specified in paragraph
(e)(3) of this section. In addition, the application must include
information justifying the owner or operator's request for an
alternative monitoring method, such as the technical or economic
infeasibility, or the impracticality, of the affected source using the
required method.
(iii) The owner or operator may submit the information required in
this paragraph well in advance of the submittal dates specified in
paragraph (f)(4)(i) above to ensure a timely review by the Administrator
in order to meet the compliance demonstration date specified in this
section or the relevant standard.
(iv) Application for minor changes to monitoring procedures, as
specified in paragraph (b)(1) of this section, may be made in the site-
specific performance evaluation plan.
(5) Approval of request to use alternative monitoring procedure. (i)
The Administrator will notify the owner or
[[Page 50]]
operator of approval or intention to deny approval of the request to use
an alternative monitoring method within 30 calendar days after receipt
of the original request and within 30 calendar days after receipt of any
supplementary information that is submitted. If a request for a minor
change is made in conjunction with site-specific performance evaluation
plan, then approval of the plan will constitute approval of the minor
change. Before disapproving any request to use an alternative monitoring
method, the Administrator will notify the applicant of the
Administrator's intention to disapprove the request together with--
(A) Notice of the information and findings on which the intended
disapproval is based; and
(B) Notice of opportunity for the owner or operator to present
additional information to the Administrator before final action on the
request. At the time the Administrator notifies the applicant of his or
her intention to disapprove the request, the Administrator will specify
how much time the owner or operator will have after being notified of
the intended disapproval to submit the additional information.
(ii) The Administrator may establish general procedures and criteria
in a relevant standard to accomplish the requirements of paragraph
(f)(5)(i) of this section.
(iii) If the Administrator approves the use of an alternative
monitoring method for an affected source under paragraph (f)(5)(i) of
this section, the owner or operator of such source shall continue to use
the alternative monitoring method until he or she receives approval from
the Administrator to use another monitoring method as allowed by Sec.
63.8(f).
(6) Alternative to the relative accuracy test. An alternative to the
relative accuracy test for CEMS specified in a relevant standard may be
requested as follows:
(i) Criteria for approval of alternative procedures. An alternative
to the test method for determining relative accuracy is available for
affected sources with emission rates demonstrated to be less than 50
percent of the relevant standard. The owner or operator of an affected
source may petition the Administrator under paragraph (f)(6)(ii) of this
section to substitute the relative accuracy test in section 7 of
Performance Specification 2 with the procedures in section 10 if the
results of a performance test conducted according to the requirements in
Sec. 63.7, or other tests performed following the criteria in Sec.
63.7, demonstrate that the emission rate of the pollutant of interest in
the units of the relevant standard is less than 50 percent of the
relevant standard. For affected sources subject to emission limitations
expressed as control efficiency levels, the owner or operator may
petition the Administrator to substitute the relative accuracy test with
the procedures in section 10 of Performance Specification 2 if the
control device exhaust emission rate is less than 50 percent of the
level needed to meet the control efficiency requirement. The alternative
procedures do not apply if the CEMS is used continuously to determine
compliance with the relevant standard.
(ii) Petition to use alternative to relative accuracy test. The
petition to use an alternative to the relative accuracy test shall
include a detailed description of the procedures to be applied, the
location and the procedure for conducting the alternative, the
concentration or response levels of the alternative relative accuracy
materials, and the other equipment checks included in the alternative
procedure(s). The Administrator will review the petition for
completeness and applicability. The Administrator's determination to
approve an alternative will depend on the intended use of the CEMS data
and may require specifications more stringent than in Performance
Specification 2.
(iii) Rescission of approval to use alternative to relative accuracy
test. The Administrator will review the permission to use an alternative
to the CEMS relative accuracy test and may rescind such permission if
the CEMS data from a successful completion of the alternative relative
accuracy procedure indicate that the affected source's emissions are
approaching the level of the relevant standard. The criterion for
reviewing the permission is that the collection of CEMS data shows that
emissions have exceeded 70 percent of the
[[Page 51]]
relevant standard for any averaging period, as specified in the relevant
standard. For affected sources subject to emission limitations expressed
as control efficiency levels, the criterion for reviewing the permission
is that the collection of CEMS data shows that exhaust emissions have
exceeded 70 percent of the level needed to meet the control efficiency
requirement for any averaging period, as specified in the relevant
standard. The owner or operator of the affected source shall maintain
records and determine the level of emissions relative to the criterion
for permission to use an alternative for relative accuracy testing. If
this criterion is exceeded, the owner or operator shall notify the
Administrator within 10 days of such occurrence and include a
description of the nature and cause of the increased emissions. The
Administrator will review the notification and may rescind permission to
use an alternative and require the owner or operator to conduct a
relative accuracy test of the CEMS as specified in section 7 of
Performance Specification 2.
(g) Reduction of monitoring data. (1) The owner or operator of each
CMS must reduce the monitoring data as specified in paragraphs (g)(1)
through (5) of this section.
(2) The owner or operator of each COMS shall reduce all data to 6-
minute averages calculated from 36 or more data points equally spaced
over each 6-minute period. Data from CEMS for measurement other than
opacity, unless otherwise specified in the relevant standard, shall be
reduced to 1-hour averages computed from four or more data points
equally spaced over each 1-hour period, except during periods when
calibration, quality assurance, or maintenance activities pursuant to
provisions of this part are being performed. During these periods, a
valid hourly average shall consist of at least two data points with each
representing a 15-minute period. Alternatively, an arithmetic or
integrated 1-hour average of CEMS data may be used. Time periods for
averaging are defined in Sec. 63.2.
(3) The data may be recorded in reduced or nonreduced form (e.g.,
ppm pollutant and percent O2 or ng/J of pollutant).
(4) All emission data shall be converted into units of the relevant
standard for reporting purposes using the conversion procedures
specified in that standard. After conversion into units of the relevant
standard, the data may be rounded to the same number of significant
digits as used in that standard to specify the emission limit (e.g.,
rounded to the nearest 1 percent opacity).
(5) Monitoring data recorded during periods of unavoidable CMS
breakdowns, out-of-control periods, repairs, maintenance periods,
calibration checks, and zero (low-level) and high-level adjustments must
not be included in any data average computed under this part. For the
owner or operator complying with the requirements of Sec.
63.10(b)(2)(vii)(A) or (B), data averages must include any data recorded
during periods of monitor breakdown or malfunction.
[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67
FR 16603, Apr. 5, 2002; 71 FR 20455, Apr. 20, 2006]
Sec. 63.9 Notification requirements.
(a) Applicability and general information. (1) The applicability of
this section is set out in Sec. 63.1(a)(4).
(2) For affected sources that have been granted an extension of
compliance under subpart D of this part, the requirements of this
section do not apply to those sources while they are operating under
such compliance extensions.
(3) If any State requires a notice that contains all the information
required in a notification listed in this section, the owner or operator
may send the Administrator a copy of the notice sent to the State to
satisfy the requirements of this section for that notification.
(4)(i) Before a State has been delegated the authority to implement
and enforce notification requirements established under this part, the
owner or operator of an affected source in such State subject to such
requirements shall submit notifications to the appropriate Regional
Office of the EPA (to the attention of the Director of the Division
indicated in the list of the EPA Regional Offices in Sec. 63.13).
[[Page 52]]
(ii) After a State has been delegated the authority to implement and
enforce notification requirements established under this part, the owner
or operator of an affected source in such State subject to such
requirements shall submit notifications to the delegated State authority
(which may be the same as the permitting authority). In addition, if the
delegated (permitting) authority is the State, the owner or operator
shall send a copy of each notification submitted to the State to the
appropriate Regional Office of the EPA, as specified in paragraph
(a)(4)(i) of this section. The Regional Office may waive this
requirement for any notifications at its discretion.
(b) Initial notifications. (1)(i) The requirements of this paragraph
apply to the owner or operator of an affected source when such source
becomes subject to a relevant standard.
(ii) If an area source that otherwise would be subject to an
emission standard or other requirement established under this part if it
were a major source subsequently increases its emissions of hazardous
air pollutants (or its potential to emit hazardous air pollutants) such
that the source is a major source that is subject to the emission
standard or other requirement, such source shall be subject to the
notification requirements of this section.
(iii) Affected sources that are required under this paragraph to
submit an initial notification may use the application for approval of
construction or reconstruction under Sec. 63.5(d) of this subpart, if
relevant, to fulfill the initial notification requirements of this
paragraph.
(2) The owner or operator of an affected source that has an initial
startup before the effective date of a relevant standard under this part
shall notify the Administrator in writing that the source is subject to
the relevant standard. The notification, which shall be submitted not
later than 120 calendar days after the effective date of the relevant
standard (or within 120 calendar days after the source becomes subject
to the relevant standard), shall provide the following information:
(i) The name and address of the owner or operator;
(ii) The address (i.e., physical location) of the affected source;
(iii) An identification of the relevant standard, or other
requirement, that is the basis of the notification and the source's
compliance date;
(iv) A brief description of the nature, size, design, and method of
operation of the source and an identification of the types of emission
points within the affected source subject to the relevant standard and
types of hazardous air pollutants emitted; and
(v) A statement of whether the affected source is a major source or
an area source.
(3) [Reserved]
(4) The owner or operator of a new or reconstructed major affected
source for which an application for approval of construction or
reconstruction is required under Sec. 63.5(d) must provide the
following information in writing to the Administrator:
(i) A notification of intention to construct a new major-emitting
affected source, reconstruct a major-emitting affected source, or
reconstruct a major source such that the source becomes a major-emitting
affected source with the application for approval of construction or
reconstruction as specified in Sec. 63.5(d)(1)(i); and
(ii)-(iv) [Reserved]
(v) A notification of the actual date of startup of the source,
delivered or postmarked within 15 calendar days after that date.
(5) The owner or operator of a new or reconstructed affected source
for which an application for approval of construction or reconstruction
is not required under Sec. 63.5(d) must provide the following
information in writing to the Administrator:
(i) A notification of intention to construct a new affected source,
reconstruct an affected source, or reconstruct a source such that the
source becomes an affected source, and
(ii) A notification of the actual date of startup of the source,
delivered or postmarked within 15 calendar days after that date.
(iii) Unless the owner or operator has requested and received prior
permission from the Administrator to submit less than the information in
Sec. 63.5(d),
[[Page 53]]
the notification must include the information required on the
application for approval of construction or reconstruction as specified
in Sec. 63.5(d)(1)(i).
(c) Request for extension of compliance. If the owner or operator of
an affected source cannot comply with a relevant standard by the
applicable compliance date for that source, or if the owner or operator
has installed BACT or technology to meet LAER consistent with Sec.
63.6(i)(5) of this subpart, he/she may submit to the Administrator (or
the State with an approved permit program) a request for an extension of
compliance as specified in Sec. 63.6(i)(4) through Sec. 63.6(i)(6).
(d) Notification that source is subject to special compliance
requirements. An owner or operator of a new source that is subject to
special compliance requirements as specified in Sec. 63.6(b)(3) and
Sec. 63.6(b)(4) shall notify the Administrator of his/her compliance
obligations not later than the notification dates established in
paragraph (b) of this section for new sources that are not subject to
the special provisions.
(e) Notification of performance test. The owner or operator of an
affected source shall notify the Administrator in writing of his or her
intention to conduct a performance test at least 60 calendar days before
the performance test is scheduled to begin to allow the Administrator to
review and approve the site-specific test plan required under Sec.
63.7(c), if requested by the Administrator, and to have an observer
present during the test.
(f) Notification of opacity and visible emission observations. The
owner or operator of an affected source shall notify the Administrator
in writing of the anticipated date for conducting the opacity or visible
emission observations specified in Sec. 63.6(h)(5), if such
observations are required for the source by a relevant standard. The
notification shall be submitted with the notification of the performance
test date, as specified in paragraph (e) of this section, or if no
performance test is required or visibility or other conditions prevent
the opacity or visible emission observations from being conducted
concurrently with the initial performance test required under Sec.
63.7, the owner or operator shall deliver or postmark the notification
not less than 30 days before the opacity or visible emission
observations are scheduled to take place.
(g) Additional notification requirements for sources with continuous
monitoring systems. The owner or operator of an affected source required
to use a CMS by a relevant standard shall furnish the Administrator
written notification as follows:
(1) A notification of the date the CMS performance evaluation under
Sec. 63.8(e) is scheduled to begin, submitted simultaneously with the
notification of the performance test date required under Sec. 63.7(b).
If no performance test is required, or if the requirement to conduct a
performance test has been waived for an affected source under Sec.
63.7(h), the owner or operator shall notify the Administrator in writing
of the date of the performance evaluation at least 60 calendar days
before the evaluation is scheduled to begin;
(2) A notification that COMS data results will be used to determine
compliance with the applicable opacity emission standard during a
performance test required by Sec. 63.7 in lieu of Method 9 or other
opacity emissions test method data, as allowed by Sec. 63.6(h)(7)(ii),
if compliance with an opacity emission standard is required for the
source by a relevant standard. The notification shall be submitted at
least 60 calendar days before the performance test is scheduled to
begin; and
(3) A notification that the criterion necessary to continue use of
an alternative to relative accuracy testing, as provided by Sec.
63.8(f)(6), has been exceeded. The notification shall be delivered or
postmarked not later than 10 days after the occurrence of such
exceedance, and it shall include a description of the nature and cause
of the increased emissions.
(h) Notification of compliance status. (1) The requirements of
paragraphs (h)(2) through (h)(4) of this section apply when an affected
source becomes subject to a relevant standard.
(2)(i) Before a title V permit has been issued to the owner or
operator of an affected source, and each time a notification of
compliance status is required under this part, the owner or operator
[[Page 54]]
of such source shall submit to the Administrator a notification of
compliance status, signed by the responsible official who shall certify
its accuracy, attesting to whether the source has complied with the
relevant standard. The notification shall list--
(A) The methods that were used to determine compliance;
(B) The results of any performance tests, opacity or visible
emission observations, continuous monitoring system (CMS) performance
evaluations, and/or other monitoring procedures or methods that were
conducted;
(C) The methods that will be used for determining continuing
compliance, including a description of monitoring and reporting
requirements and test methods;
(D) The type and quantity of hazardous air pollutants emitted by the
source (or surrogate pollutants if specified in the relevant standard),
reported in units and averaging times and in accordance with the test
methods specified in the relevant standard;
(E) If the relevant standard applies to both major and area sources,
an analysis demonstrating whether the affected source is a major source
(using the emissions data generated for this notification);
(F) A description of the air pollution control equipment (or method)
for each emission point, including each control device (or method) for
each hazardous air pollutant and the control efficiency (percent) for
each control device (or method); and
(G) A statement by the owner or operator of the affected existing,
new, or reconstructed source as to whether the source has complied with
the relevant standard or other requirements.
(ii) The notification must be sent before the close of business on
the 60th day following the completion of the relevant compliance
demonstration activity specified in the relevant standard (unless a
different reporting period is specified in the standard, in which case
the letter must be sent before the close of business on the day the
report of the relevant testing or monitoring results is required to be
delivered or postmarked). For example, the notification shall be sent
before close of business on the 60th (or other required) day following
completion of the initial performance test and again before the close of
business on the 60th (or other required) day following the completion of
any subsequent required performance test. If no performance test is
required but opacity or visible emission observations are required to
demonstrate compliance with an opacity or visible emission standard
under this part, the notification of compliance status shall be sent
before close of business on the 30th day following the completion of
opacity or visible emission observations. Notifications may be combined
as long as the due date requirement for each notification is met.
(3) After a title V permit has been issued to the owner or operator
of an affected source, the owner or operator of such source shall comply
with all requirements for compliance status reports contained in the
source's title V permit, including reports required under this part.
After a title V permit has been issued to the owner or operator of an
affected source, and each time a notification of compliance status is
required under this part, the owner or operator of such source shall
submit the notification of compliance status to the appropriate
permitting authority following completion of the relevant compliance
demonstration activity specified in the relevant standard.
(4) [Reserved]
(5) If an owner or operator of an affected source submits estimates
or preliminary information in the application for approval of
construction or reconstruction required in Sec. 63.5(d) in place of the
actual emissions data or control efficiencies required in paragraphs
(d)(1)(ii)(H) and (d)(2) of Sec. 63.5, the owner or operator shall
submit the actual emissions data and other correct information as soon
as available but no later than with the initial notification of
compliance status required in this section.
(6) Advice on a notification of compliance status may be obtained
from the Administrator.
(i) Adjustment to time periods or postmark deadlines for submittal
and review of required communications. (1)(i) Until an adjustment of a
time period or postmark deadline has been approved by
[[Page 55]]
the Administrator under paragraphs (i)(2) and (i)(3) of this section,
the owner or operator of an affected source remains strictly subject to
the requirements of this part.
(ii) An owner or operator shall request the adjustment provided for
in paragraphs (i)(2) and (i)(3) of this section each time he or she
wishes to change an applicable time period or postmark deadline
specified in this part.
(2) Notwithstanding time periods or postmark deadlines specified in
this part for the submittal of information to the Administrator by an
owner or operator, or the review of such information by the
Administrator, such time periods or deadlines may be changed by mutual
agreement between the owner or operator and the Administrator. An owner
or operator who wishes to request a change in a time period or postmark
deadline for a particular requirement shall request the adjustment in
writing as soon as practicable before the subject activity is required
to take place. The owner or operator shall include in the request
whatever information he or she considers useful to convince the
Administrator that an adjustment is warranted.
(3) If, in the Administrator's judgment, an owner or operator's
request for an adjustment to a particular time period or postmark
deadline is warranted, the Administrator will approve the adjustment.
The Administrator will notify the owner or operator in writing of
approval or disapproval of the request for an adjustment within 15
calendar days of receiving sufficient information to evaluate the
request.
(4) If the Administrator is unable to meet a specified deadline, he
or she will notify the owner or operator of any significant delay and
inform the owner or operator of the amended schedule.
(j) Change in information already provided. Any change in the
information already provided under this section shall be provided to the
Administrator in writing within 15 calendar days after the change.
[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003]
Sec. 63.10 Recordkeeping and reporting requirements.
(a) Applicability and general information. (1) The applicability of
this section is set out in Sec. 63.1(a)(4).
(2) For affected sources that have been granted an extension of
compliance under subpart D of this part, the requirements of this
section do not apply to those sources while they are operating under
such compliance extensions.
(3) If any State requires a report that contains all the information
required in a report listed in this section, an owner or operator may
send the Administrator a copy of the report sent to the State to satisfy
the requirements of this section for that report.
(4)(i) Before a State has been delegated the authority to implement
and enforce recordkeeping and reporting requirements established under
this part, the owner or operator of an affected source in such State
subject to such requirements shall submit reports to the appropriate
Regional Office of the EPA (to the attention of the Director of the
Division indicated in the list of the EPA Regional Offices in Sec.
63.13).
(ii) After a State has been delegated the authority to implement and
enforce recordkeeping and reporting requirements established under this
part, the owner or operator of an affected source in such State subject
to such requirements shall submit reports to the delegated State
authority (which may be the same as the permitting authority). In
addition, if the delegated (permitting) authority is the State, the
owner or operator shall send a copy of each report submitted to the
State to the appropriate Regional Office of the EPA, as specified in
paragraph (a)(4)(i) of this section. The Regional Office may waive this
requirement for any reports at its discretion.
(5) If an owner or operator of an affected source in a State with
delegated authority is required to submit periodic reports under this
part to the State, and if the State has an established timeline for the
submission of periodic reports that is consistent with the reporting
frequency(ies) specified for such source under this part, the owner or
operator may change the dates by which periodic reports under
[[Page 56]]
this part shall be submitted (without changing the frequency of
reporting) to be consistent with the State's schedule by mutual
agreement between the owner or operator and the State. For each relevant
standard established pursuant to section 112 of the Act, the allowance
in the previous sentence applies in each State beginning 1 year after
the affected source's compliance date for that standard. Procedures
governing the implementation of this provision are specified in Sec.
63.9(i).
(6) If an owner or operator supervises one or more stationary
sources affected by more than one standard established pursuant to
section 112 of the Act, he/she may arrange by mutual agreement between
the owner or operator and the Administrator (or the State permitting
authority) a common schedule on which periodic reports required for each
source shall be submitted throughout the year. The allowance in the
previous sentence applies in each State beginning 1 year after the
latest compliance date for any relevant standard established pursuant to
section 112 of the Act for any such affected source(s). Procedures
governing the implementation of this provision are specified in Sec.
63.9(i).
(7) If an owner or operator supervises one or more stationary
sources affected by standards established pursuant to section 112 of the
Act (as amended November 15, 1990) and standards set under part 60, part
61, or both such parts of this chapter, he/she may arrange by mutual
agreement between the owner or operator and the Administrator (or the
State permitting authority) a common schedule on which periodic reports
required by each relevant (i.e., applicable) standard shall be submitted
throughout the year. The allowance in the previous sentence applies in
each State beginning 1 year after the stationary source is required to
be in compliance with the relevant section 112 standard, or 1 year after
the stationary source is required to be in compliance with the
applicable part 60 or part 61 standard, whichever is latest. Procedures
governing the implementation of this provision are specified in Sec.
63.9(i).
(b) General recordkeeping requirements. (1) The owner or operator of
an affected source subject to the provisions of this part shall maintain
files of all information (including all reports and notifications)
required by this part recorded in a form suitable and readily available
for expeditious inspection and review. The files shall be retained for
at least 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record. At a minimum, the
most recent 2 years of data shall be retained on site. The remaining 3
years of data may be retained off site. Such files may be maintained on
microfilm, on a computer, on computer floppy disks, on magnetic tape
disks, or on microfiche.
(2) The owner or operator of an affected source subject to the
provisions of this part shall maintain relevant records for such source
of--
(i) The occurrence and duration of each startup or shutdown when the
startup or shutdown causes the source to exceed any applicable emission
limitation in the relevant emission standards;
(ii) The occurrence and duration of each malfunction of operation
(i.e., process equipment) or the required air pollution control and
monitoring equipment;
(iii) All required maintenance performed on the air pollution
control and monitoring equipment;
(iv)(A) Actions taken during periods of startup or shutdown when the
source exceeded applicable emission limitations in a relevant standard
and when the actions taken are different from the procedures specified
in the affected source's startup, shutdown, and malfunction plan (see
Sec. 63.6(e)(3)); or
(B) Actions taken during periods of malfunction (including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation) when the actions taken are different from the procedures
specified in the affected source's startup, shutdown, and malfunction
plan (see Sec. 63.6(e)(3));
(v) All information necessary, including actions taken, to
demonstrate conformance with the affected source's startup, shutdown,
and malfunction plan (see Sec. 63.6(e)(3)) when all actions taken
during periods of startup or
[[Page 57]]
shutdown (and the startup or shutdown causes the source to exceed any
applicable emission limitation in the relevant emission standards), and
malfunction (including corrective actions to restore malfunctioning
process and air pollution control and monitoring equipment to its normal
or usual manner of operation) are consistent with the procedures
specified in such plan. (The information needed to demonstrate
conformance with the startup, shutdown, and malfunction plan may be
recorded using a ``checklist,'' or some other effective form of
recordkeeping, in order to minimize the recordkeeping burden for
conforming events);
(vi) Each period during which a CMS is malfunctioning or inoperative
(including out-of-control periods);
(vii) All required measurements needed to demonstrate compliance
with a relevant standard (including, but not limited to, 15-minute
averages of CMS data, raw performance testing measurements, and raw
performance evaluation measurements, that support data that the source
is required to report);
(A) This paragraph applies to owners or operators required to
install a continuous emissions monitoring system (CEMS) where the CEMS
installed is automated, and where the calculated data averages do not
exclude periods of CEMS breakdown or malfunction. An automated CEMS
records and reduces the measured data to the form of the pollutant
emission standard through the use of a computerized data acquisition
system. In lieu of maintaining a file of all CEMS subhourly measurements
as required under paragraph (b)(2)(vii) of this section, the owner or
operator shall retain the most recent consecutive three averaging
periods of subhourly measurements and a file that contains a hard copy
of the data acquisition system algorithm used to reduce the measured
data into the reportable form of the standard.
(B) This paragraph applies to owners or operators required to
install a CEMS where the measured data is manually reduced to obtain the
reportable form of the standard, and where the calculated data averages
do not exclude periods of CEMS breakdown or malfunction. In lieu of
maintaining a file of all CEMS subhourly measurements as required under
paragraph (b)(2)(vii) of this section, the owner or operator shall
retain all subhourly measurements for the most recent reporting period.
The subhourly measurements shall be retained for 120 days from the date
of the most recent summary or excess emission report submitted to the
Administrator.
(C) The Administrator or delegated authority, upon notification to
the source, may require the owner or operator to maintain all
measurements as required by paragraph (b)(2)(vii), if the administrator
or the delegated authority determines these records are required to more
accurately assess the compliance status of the affected source.
(viii) All results of performance tests, CMS performance
evaluations, and opacity and visible emission observations;
(ix) All measurements as may be necessary to determine the
conditions of performance tests and performance evaluations;
(x) All CMS calibration checks;
(xi) All adjustments and maintenance performed on CMS;
(xii) Any information demonstrating whether a source is meeting the
requirements for a waiver of recordkeeping or reporting requirements
under this part, if the source has been granted a waiver under paragraph
(f) of this section;
(xiii) All emission levels relative to the criterion for obtaining
permission to use an alternative to the relative accuracy test, if the
source has been granted such permission under Sec. 63.8(f)(6); and
(xiv) All documentation supporting initial notifications and
notifications of compliance status under Sec. 63.9.
(3) Recordkeeping requirement for applicability determinations. If
an owner or operator determines that his or her stationary source that
emits (or has the potential to emit, without considering controls) one
or more hazardous air pollutants regulated by any standard established
pursuant to section 112(d) or (f), and that stationary source is in the
source category regulated by the relevant standard, but that source
[[Page 58]]
is not subject to the relevant standard (or other requirement
established under this part) because of limitations on the source's
potential to emit or an exclusion, the owner or operator must keep a
record of the applicability determination on site at the source for a
period of 5 years after the determination, or until the source changes
its operations to become an affected source, whichever comes first. The
record of the applicability determination must be signed by the person
making the determination and include an analysis (or other information)
that demonstrates why the owner or operator believes the source is
unaffected (e.g., because the source is an area source). The analysis
(or other information) must be sufficiently detailed to allow the
Administrator to make a finding about the source's applicability status
with regard to the relevant standard or other requirement. If relevant,
the analysis must be performed in accordance with requirements
established in relevant subparts of this part for this purpose for
particular categories of stationary sources. If relevant, the analysis
should be performed in accordance with EPA guidance materials published
to assist sources in making applicability determinations under section
112, if any. The requirements to determine applicability of a standard
under Sec. 63.1(b)(3) and to record the results of that determination
under paragraph (b)(3) of this section shall not by themselves create an
obligation for the owner or operator to obtain a title V permit.
(c) Additional recordkeeping requirements for sources with
continuous monitoring systems. In addition to complying with the
requirements specified in paragraphs (b)(1) and (b)(2) of this section,
the owner or operator of an affected source required to install a CMS by
a relevant standard shall maintain records for such source of--
(1) All required CMS measurements (including monitoring data
recorded during unavoidable CMS breakdowns and out-of-control periods);
(2)-(4) [Reserved]
(5) The date and time identifying each period during which the CMS
was inoperative except for zero (low-level) and high-level checks;
(6) The date and time identifying each period during which the CMS
was out of control, as defined in Sec. 63.8(c)(7);
(7) The specific identification (i.e., the date and time of
commencement and completion) of each period of excess emissions and
parameter monitoring exceedances, as defined in the relevant
standard(s), that occurs during startups, shutdowns, and malfunctions of
the affected source;
(8) The specific identification (i.e., the date and time of
commencement and completion) of each time period of excess emissions and
parameter monitoring exceedances, as defined in the relevant
standard(s), that occurs during periods other than startups, shutdowns,
and malfunctions of the affected source;
(9) [Reserved]
(10) The nature and cause of any malfunction (if known);
(11) The corrective action taken or preventive measures adopted;
(12) The nature of the repairs or adjustments to the CMS that was
inoperative or out of control;
(13) The total process operating time during the reporting period;
and
(14) All procedures that are part of a quality control program
developed and implemented for CMS under Sec. 63.8(d).
(15) In order to satisfy the requirements of paragraphs (c)(10)
through (c)(12) of this section and to avoid duplicative recordkeeping
efforts, the owner or operator may use the affected source's startup,
shutdown, and malfunction plan or records kept to satisfy the
recordkeeping requirements of the startup, shutdown, and malfunction
plan specified in Sec. 63.6(e), provided that such plan and records
adequately address the requirements of paragraphs (c)(10) through
(c)(12).
(d) General reporting requirements. (1) Notwithstanding the
requirements in this paragraph or paragraph (e) of this section, and
except as provided in Sec. 63.16, the owner or operator of an affected
source subject to reporting requirements under this part shall submit
reports to the Administrator in accordance with the reporting
requirements in the relevant standard(s).
(2) Reporting results of performance tests. Before a title V permit
has been issued to the owner or operator of an
[[Page 59]]
affected source, the owner or operator shall report the results of any
performance test under Sec. 63.7 to the Administrator. After a title V
permit has been issued to the owner or operator of an affected source,
the owner or operator shall report the results of a required performance
test to the appropriate permitting authority. The owner or operator of
an affected source shall report the results of the performance test to
the Administrator (or the State with an approved permit program) before
the close of business on the 60th day following the completion of the
performance test, unless specified otherwise in a relevant standard or
as approved otherwise in writing by the Administrator. The results of
the performance test shall be submitted as part of the notification of
compliance status required under Sec. 63.9(h).
(3) Reporting results of opacity or visible emission observations.
The owner or operator of an affected source required to conduct opacity
or visible emission observations by a relevant standard shall report the
opacity or visible emission results (produced using Test Method 9 or
Test Method 22, or an alternative to these test methods) along with the
results of the performance test required under Sec. 63.7. If no
performance test is required, or if visibility or other conditions
prevent the opacity or visible emission observations from being
conducted concurrently with the performance test required under Sec.
63.7, the owner or operator shall report the opacity or visible emission
results before the close of business on the 30th day following the
completion of the opacity or visible emission observations.
(4) Progress reports. The owner or operator of an affected source
who is required to submit progress reports as a condition of receiving
an extension of compliance under Sec. 63.6(i) shall submit such reports
to the Administrator (or the State with an approved permit program) by
the dates specified in the written extension of compliance.
(5)(i) Periodic startup, shutdown, and malfunction reports. If
actions taken by an owner or operator during a startup or shutdown (and
the startup or shutdown causes the source to exceed any applicable
emission limitation in the relevant emission standards), or malfunction
of an affected source (including actions taken to correct a malfunction)
are consistent with the procedures specified in the source's startup,
shutdown, and malfunction plan (see Sec. 63.6(e)(3)), the owner or
operator shall state such information in a startup, shutdown, and
malfunction report. Actions taken to minimize emissions during such
startups, shutdowns, and malfunctions shall be summarized in the report
and may be done in checklist form; if actions taken are the same for
each event, only one checklist is necessary. Such a report shall also
include the number, duration, and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
Reports shall only be required if a startup or shutdown caused the
source to exceed any applicable emission limitation in the relevant
emission standards, or if a malfunction occurred during the reporting
period. The startup, shutdown, and malfunction report shall consist of a
letter, containing the name, title, and signature of the owner or
operator or other responsible official who is certifying its accuracy,
that shall be submitted to the Administrator semiannually (or on a more
frequent basis if specified otherwise in a relevant standard or as
established otherwise by the permitting authority in the source's title
V permit). The startup, shutdown, and malfunction report shall be
delivered or postmarked by the 30th day following the end of each
calendar half (or other calendar reporting period, as appropriate). If
the owner or operator is required to submit excess emissions and
continuous monitoring system performance (or other periodic) reports
under this part, the startup, shutdown, and malfunction reports required
under this paragraph may be submitted simultaneously with the excess
emissions and continuous monitoring system performance (or other)
reports. If startup, shutdown, and malfunction reports are submitted
with excess emissions and continuous monitoring system performance (or
other periodic) reports, and the owner or operator receives approval to
reduce the frequency
[[Page 60]]
of reporting for the latter under paragraph (e) of this section, the
frequency of reporting for the startup, shutdown, and malfunction
reports also may be reduced if the Administrator does not object to the
intended change. The procedures to implement the allowance in the
preceding sentence shall be the same as the procedures specified in
paragraph (e)(3) of this section.
(ii) Immediate startup, shutdown, and malfunction reports.
Notwithstanding the allowance to reduce the frequency of reporting for
periodic startup, shutdown, and malfunction reports under paragraph
(d)(5)(i) of this section, any time an action taken by an owner or
operator during a startup or shutdown that caused the source to exceed
any applicable emission limitation in the relevant emission standards,
or malfunction (including actions taken to correct a malfunction) is not
consistent with the procedures specified in the affected source's
startup, shutdown, and malfunction plan, the owner or operator shall
report the actions taken for that event within 2 working days after
commencing actions inconsistent with the plan followed by a letter
within 7 working days after the end of the event. The immediate report
required under this paragraph (d)(5)(ii) shall consist of a telephone
call (or facsimile (FAX) transmission) to the Administrator within 2
working days after commencing actions inconsistent with the plan, and it
shall be followed by a letter, delivered or postmarked within 7 working
days after the end of the event, that contains the name, title, and
signature of the owner or operator or other responsible official who is
certifying its accuracy, explaining the circumstances of the event, the
reasons for not following the startup, shutdown, and malfunction plan,
describing all excess emissions and/or parameter monitoring exceedances
which are believed to have occurred (or could have occurred in the case
of malfunctions), and actions taken to minimize emissions in conformance
with Sec. 63.6(e)(1)(i). Notwithstanding the requirements of the
previous sentence, after the effective date of an approved permit
program in the State in which an affected source is located, the owner
or operator may make alternative reporting arrangements, in advance,
with the permitting authority in that State. Procedures governing the
arrangement of alternative reporting requirements under this paragraph
(d)(5)(ii) are specified in Sec. 63.9(i).
(e) Additional reporting requirements for sources with continuous
monitoring systems--(1) General. When more than one CEMS is used to
measure the emissions from one affected source (e.g., multiple
breechings, multiple outlets), the owner or operator shall report the
results as required for each CEMS.
(2) Reporting results of continuous monitoring system performance
evaluations. (i) The owner or operator of an affected source required to
install a CMS by a relevant standard shall furnish the Administrator a
copy of a written report of the results of the CMS performance
evaluation, as required under Sec. 63.8(e), simultaneously with the
results of the performance test required under Sec. 63.7, unless
otherwise specified in the relevant standard.
(ii) The owner or operator of an affected source using a COMS to
determine opacity compliance during any performance test required under
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the
Administrator two or, upon request, three copies of a written report of
the results of the COMS performance evaluation conducted under Sec.
63.8(e). The copies shall be furnished at least 15 calendar days before
the performance test required under Sec. 63.7 is conducted.
(3) Excess emissions and continuous monitoring system performance
report and summary report. (i) Excess emissions and parameter monitoring
exceedances are defined in relevant standards. The owner or operator of
an affected source required to install a CMS by a relevant standard
shall submit an excess emissions and continuous monitoring system
performance report and/or a summary report to the Administrator
semiannually, except when--
(A) More frequent reporting is specifically required by a relevant
standard;
(B) The Administrator determines on a case-by-case basis that more
frequent reporting is necessary to accurately assess the compliance
status of the source; or
(C) [Reserved]
[[Page 61]]
(D) The affected source is complying with the Performance Track
Provisions of Sec. 63.16, which allows less frequent reporting.
(ii) Request to reduce frequency of excess emissions and continuous
monitoring system performance reports. Notwithstanding the frequency of
reporting requirements specified in paragraph (e)(3)(i) of this section,
an owner or operator who is required by a relevant standard to submit
excess emissions and continuous monitoring system performance (and
summary) reports on a quarterly (or more frequent) basis may reduce the
frequency of reporting for that standard to semiannual if the following
conditions are met:
(A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting
periods) the affected source's excess emissions and continuous
monitoring system performance reports continually demonstrate that the
source is in compliance with the relevant standard;
(B) The owner or operator continues to comply with all recordkeeping
and monitoring requirements specified in this subpart and the relevant
standard; and
(C) The Administrator does not object to a reduced frequency of
reporting for the affected source, as provided in paragraph (e)(3)(iii)
of this section.
(iii) The frequency of reporting of excess emissions and continuous
monitoring system performance (and summary) reports required to comply
with a relevant standard may be reduced only after the owner or operator
notifies the Administrator in writing of his or her intention to make
such a change and the Administrator does not object to the intended
change. In deciding whether to approve a reduced frequency of reporting,
the Administrator may review information concerning the source's entire
previous performance history during the 5-year recordkeeping period
prior to the intended change, including performance test results,
monitoring data, and evaluations of an owner or operator's conformance
with operation and maintenance requirements. Such information may be
used by the Administrator to make a judgment about the source's
potential for noncompliance in the future. If the Administrator
disapproves the owner or operator's request to reduce the frequency of
reporting, the Administrator will notify the owner or operator in
writing within 45 days after receiving notice of the owner or operator's
intention. The notification from the Administrator to the owner or
operator will specify the grounds on which the disapproval is based. In
the absence of a notice of disapproval within 45 days, approval is
automatically granted.
(iv) As soon as CMS data indicate that the source is not in
compliance with any emission limitation or operating parameter specified
in the relevant standard, the frequency of reporting shall revert to the
frequency specified in the relevant standard, and the owner or operator
shall submit an excess emissions and continuous monitoring system
performance (and summary) report for the noncomplying emission points at
the next appropriate reporting period following the noncomplying event.
After demonstrating ongoing compliance with the relevant standard for
another full year, the owner or operator may again request approval from
the Administrator to reduce the frequency of reporting for that
standard, as provided for in paragraphs (e)(3)(ii) and (e)(3)(iii) of
this section.
(v) Content and submittal dates for excess emissions and monitoring
system performance reports. All excess emissions and monitoring system
performance reports and all summary reports, if required, shall be
delivered or postmarked by the 30th day following the end of each
calendar half or quarter, as appropriate. Written reports of excess
emissions or exceedances of process or control system parameters shall
include all the information required in paragraphs (c)(5) through
(c)(13) of this section, in Sec. 63.8(c)(7) and Sec. 63.8(c)(8), and
in the relevant standard, and they shall contain the name, title, and
signature of the responsible official who is certifying the accuracy of
the report. When no excess emissions or exceedances of a parameter have
occurred, or a CMS has not been inoperative, out of control, repaired,
or adjusted, such information shall be stated in the report.
(vi) Summary report. As required under paragraphs (e)(3)(vii) and
[[Page 62]]
(e)(3)(viii) of this section, one summary report shall be submitted for
the hazardous air pollutants monitored at each affected source (unless
the relevant standard specifies that more than one summary report is
required, e.g., one summary report for each hazardous air pollutant
monitored). The summary report shall be entitled ``Summary Report--
Gaseous and Opacity Excess Emission and Continuous Monitoring System
Performance'' and shall contain the following information:
(A) The company name and address of the affected source;
(B) An identification of each hazardous air pollutant monitored at
the affected source;
(C) The beginning and ending dates of the reporting period;
(D) A brief description of the process units;
(E) The emission and operating parameter limitations specified in
the relevant standard(s);
(F) The monitoring equipment manufacturer(s) and model number(s);
(G) The date of the latest CMS certification or audit;
(H) The total operating time of the affected source during the
reporting period;
(I) An emission data summary (or similar summary if the owner or
operator monitors control system parameters), including the total
duration of excess emissions during the reporting period (recorded in
minutes for opacity and hours for gases), the total duration of excess
emissions expressed as a percent of the total source operating time
during that reporting period, and a breakdown of the total duration of
excess emissions during the reporting period into those that are due to
startup/shutdown, control equipment problems, process problems, other
known causes, and other unknown causes;
(J) A CMS performance summary (or similar summary if the owner or
operator monitors control system parameters), including the total CMS
downtime during the reporting period (recorded in minutes for opacity
and hours for gases), the total duration of CMS downtime expressed as a
percent of the total source operating time during that reporting period,
and a breakdown of the total CMS downtime during the reporting period
into periods that are due to monitoring equipment malfunctions,
nonmonitoring equipment malfunctions, quality assurance/quality control
calibrations, other known causes, and other unknown causes;
(K) A description of any changes in CMS, processes, or controls
since the last reporting period;
(L) The name, title, and signature of the responsible official who
is certifying the accuracy of the report; and
(M) The date of the report.
(vii) If the total duration of excess emissions or process or
control system parameter exceedances for the reporting period is less
than 1 percent of the total operating time for the reporting period, and
CMS downtime for the reporting period is less than 5 percent of the
total operating time for the reporting period, only the summary report
shall be submitted, and the full excess emissions and continuous
monitoring system performance report need not be submitted unless
required by the Administrator.
(viii) If the total duration of excess emissions or process or
control system parameter exceedances for the reporting period is 1
percent or greater of the total operating time for the reporting period,
or the total CMS downtime for the reporting period is 5 percent or
greater of the total operating time for the reporting period, both the
summary report and the excess emissions and continuous monitoring system
performance report shall be submitted.
(4) Reporting continuous opacity monitoring system data produced
during a performance test. The owner or operator of an affected source
required to use a COMS shall record the monitoring data produced during
a performance test required under Sec. 63.7 and shall furnish the
Administrator a written report of the monitoring results. The report of
COMS data shall be submitted simultaneously with the report of the
performance test results required in paragraph (d)(2) of this section.
(f) Waiver of recordkeeping or reporting requirements. (1) Until a
waiver of a recordkeeping or reporting requirement has been granted by
the Administrator
[[Page 63]]
under this paragraph, the owner or operator of an affected source
remains subject to the requirements of this section.
(2) Recordkeeping or reporting requirements may be waived upon
written application to the Administrator if, in the Administrator's
judgment, the affected source is achieving the relevant standard(s), or
the source is operating under an extension of compliance, or the owner
or operator has requested an extension of compliance and the
Administrator is still considering that request.
(3) If an application for a waiver of recordkeeping or reporting is
made, the application shall accompany the request for an extension of
compliance under Sec. 63.6(i), any required compliance progress report
or compliance status report required under this part (such as under
Sec. 63.6(i) and Sec. 63.9(h)) or in the source's title V permit, or
an excess emissions and continuous monitoring system performance report
required under paragraph (e) of this section, whichever is applicable.
The application shall include whatever information the owner or operator
considers useful to convince the Administrator that a waiver of
recordkeeping or reporting is warranted.
(4) The Administrator will approve or deny a request for a waiver of
recordkeeping or reporting requirements under this paragraph when he/
she--
(i) Approves or denies an extension of compliance; or
(ii) Makes a determination of compliance following the submission of
a required compliance status report or excess emissions and continuous
monitoring systems performance report; or
(iii) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report, whichever is
applicable.
(5) A waiver of any recordkeeping or reporting requirement granted
under this paragraph may be conditioned on other recordkeeping or
reporting requirements deemed necessary by the Administrator.
(6) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later canceling the waiver. The
cancellation will be made only after notice is given to the owner or
operator of the affected source.
[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003; 69 FR 21752, Apr. 22,
2004; 71 FR 20455, Apr. 20, 2006]
Sec. 63.11 Control device and work practice requirements.
(a) Applicability. (1) The applicability of this section is set out
in Sec. 63.1(a)(4).
(2) This section contains requirements for control devices used to
comply with applicable subparts of this part. The requirements are
placed here for administrative convenience and apply only to facilities
covered by subparts referring to this section.
(3) This section also contains requirements for an alternative work
practice used to identify leaking equipment. This alternative work
practice is placed here for administrative convenience and is available
to all subparts in 40 CFR parts 60, 61, 63, and 65 that require
monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21
monitor.
(b) Flares. (1) Owners or operators using flares to comply with the
provisions of this part shall monitor these control devices to assure
that they are operated and maintained in conformance with their designs.
Applicable subparts will provide provisions stating how owners or
operators using flares shall monitor these control devices.
(2) Flares shall be steam-assisted, air-assisted, or non-assisted.
(3) Flares shall be operated at all times when emissions may be
vented to them.
(4) Flares shall be designed for and operated with no visible
emissions, except for periods not to exceed a total of 5 minutes during
any 2 consecutive hours. Test Method 22 in appendix A of part 60 of this
chapter shall be used to determine the compliance of flares with the
visible emission provisions of this part. The observation period is 2
hours and shall be used according to Method 22.
(5) Flares shall be operated with a flame present at all times. The
presence of a flare pilot flame shall be monitored using a thermocouple
or any
[[Page 64]]
other equivalent device to detect the presence of a flame.
(6) An owner/operator has the choice of adhering to the heat content
specifications in paragraph (b)(6)(ii) of this section, and the maximum
tip velocity specifications in paragraph (b)(7) or (b)(8) of this
section, or adhering to the requirements in paragraph (b)(6)(i) of this
section.
(i)(A) Flares shall be used that have a diameter of 3 inches or
greater, are nonassisted, have a hydrogen content of 8.0 percent (by
volume) or greater, and are designed for and operated with an exit
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity
Vmax, as determined by the following equation:
Vmax=(XH2-K1)* K2
Where:
Vmax=Maximum permitted velocity, m/sec.
K1=Constant, 6.0 volume-percent hydrogen.
K2=Constant, 3.9(m/sec)/volume-percent hydrogen.
XH2=The volume-percent of hydrogen, on a wet basis, as
calculated by using the American Society for Testing and Materials
(ASTM) Method D1946-77. (Incorporated by reference as specified in Sec.
63.14).
(B) The actual exit velocity of a flare shall be determined by the
method specified in paragraph (b)(7)(i) of this section.
(ii) Flares shall be used only with the net heating value of the gas
being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is
steam-assisted or air-assisted; or with the net heating value of the gas
being combusted at 7.45 M/scm (200 Btu/scf) or greater if the flares is
non-assisted. The net heating value of the gas being combusted in a
flare shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR04MY98.004
Where:
HT=Net heating value of the sample, MJ/scm; where the net
enthalpy per mole of offgas is based on combustion at 25 [deg]C and 760
mm Hg, but the standard temperature for determining the volume
corresponding to one mole is 20 [deg]C.
K=Constant=
[GRAPHIC] [TIFF OMITTED] TR04MY98.005
where the standard temperature for (g-mole/scm) is 20 [deg]C.
Ci=Concentration of sample component i in ppmv on a wet
basis, as measured for organics by Test Method 18 and measured for
hydrogen and carbon monoxide by American Society for Testing and
Materials (ASTM) D1946-77 or 90 (Reapproved 1994) (incorporated by
reference as specified in Sec. 63.14).
Hi=Net heat of combustion of sample component i, kcal/g-mole
at 25 [deg]C and 760 mm Hg. The heats of combustion may be determined
using ASTM D2382-76 or 88 or D4809-95 (incorporated by reference as
specified in Sec. 63.14) if published values are not available or
cannot be calculated.
n=Number of sample components.
(7)(i) Steam-assisted and nonassisted flares shall be designed for
and operated with an exit velocity less than 18.3 m/sec (60 ft/sec),
except as provided in paragraphs (b)(7)(ii) and (b)(7)(iii) of this
section. The actual exit velocity of a flare shall be determined by
dividing by the volumetric flow rate of gas being combusted (in units of
emission standard temperature and pressure), as determined by Test
Method 2, 2A, 2C, or 2D in appendix A to 40 CFR part 60 of this chapter,
as appropriate, by the unobstructed (free) cross-sectional area of the
flare tip.
(ii) Steam-assisted and nonassisted flares designed for and operated
with an exit velocity, as determined by the method specified in
paragraph (b)(7)(i) of this section, equal to or greater than 18.3 m/sec
(60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net
heating value of the gas being combusted is greater than 37.3 MJ/scm
(1,000 Btu/scf).
(iii) Steam-assisted and nonassisted flares designed for and
operated with an exit velocity, as determined by the method specified in
paragraph (b)(7)(i) of this section, less than the velocity
Vmax, as determined by the method specified in this
paragraph, but less than 122 m/sec (400 ft/sec) are allowed. The maximum
permitted velocity, Vmax, for flares complying with this
paragraph shall be determined by the following equation:
Log10(Vmax)=(HT+28.8)/31.7
[[Page 65]]
Where:
Vmax=Maximum permitted velocity, m/sec.
28.8=Constant.
31.7=Constant.
HT=The net heating value as determined in paragraph (b)(6) of
this section.
(8) Air-assisted flares shall be designed and operated with an exit
velocity less than the velocity Vmax. The maximum permitted
velocity, Vmax, for air-assisted flares shall be determined
by the following equation:
Vmax=8.71+0.708(HT)
Where:
Vmax=Maximum permitted velocity, m/sec.
8.71=Constant.
0.708=Constant.
HT=The net heating value as determined in paragraph
(b)(6)(ii) of this section.
(c) Alternative work practice for monitoring equipment for leaks.
Paragraphs (c), (d), and (e) of this section apply to all equipment for
which the applicable subpart requires monitoring with a 40 CFR part 60,
appendix A-7, Method 21 monitor, except for closed vent systems,
equipment designated as leakless, and equipment identified in the
applicable subpart as having no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background. An owner or
operator may use an optical gas imaging instrument instead of a 40 CFR
part 60, sppendix A-7, Method 21 monitor. Requirements in the existing
subparts that are specific to the Method 21 instrument do not apply
under this section. All other requirements in the applicable subpart
that are not addressed in paragraphs (c), (d), and (e) of this section
continue to apply. For example, equipment specification requirements,
and non-Method 21 instrument recordkeeping and reporting requirements in
the applicable subpart continue to apply. The terms defined in
paragraphs (c)(1) through (5) of this section have meanings that are
specific to the alternative work practice standard in paragraphs (c),
(d), and (e) of this section.
(1) Applicable subpart means the subpart in 40 CFR parts 60, 61, 63,
and 65 that requires monitoring of equipment with a 40 CFR part 60,
appendix A-7, Method 21 monitor.
(2) Equipment means pumps, valves, pressure relief valves,
compressors, open-ended lines, flanges, connectors, and other equipment
covered by the applicable subpart that require monitoring with a 40 CFR
part 60, appendix A-7, Method 21 monitor.
(3) Imaging means making visible emissions that may otherwise be
invisible to the naked eye.
(4) Optical gas imaging instrument means an instrument that makes
visible emissions that may otherwise be invisible to the naked eye.
(5) Repair means that equipment is adjusted, or otherwise altered,
in order to eliminate a leak.
(6) Leak means:
(i) Any emissions imaged by the optical gas instrument;
(ii) Indications of liquids dripping;
(iii) Indications by a sensor that a seal or barrier fluid system
has failed; or
(iv) Screening results using a 40 CFR part 60, appendix A-7, Method
21 monitor that exceed the leak definition in the applicable subpart to
which the equipment is subject.
(d) The alternative work practice standard for monitoring equipment
for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and
65 that require monitoring of equipment with a 40 CFR part 60, appendix
A-7, Method 21 monitor.
(1) An owner or operator of an affected source subject to 40 CFR
parts 60, 61, 63, or 65 can choose to comply with the alternative work
practice requirements in paragraph (e) of this section instead of using
the 40 CFR part 60, appendix A-7, Method 21 monitor to identify leaking
equipment. The owner or operator must document the equipment, process
units, and facilities for which the alternative work practice will be
used to identify leaks.
(2) Any leak detected when following the leak survey procedure in
paragraph (e)(3) of this section must be identified for repair as
required in the applicable subpart.
(3) If the alternative work practice is used to identify leaks, re-
screening after an attempted repair of leaking equipment must be
conducted using either the alternative work practice or the 40 CFR part
60, Appendix A-7,
[[Page 66]]
Method 21 monitor at the leak definition required in the applicable
subparts to which the equipment is subject.
(4) The schedule for repair is as required in the applicable
subpart.
(5) When this alternative work practice is used for detecting
leaking equipment, choose one of the monitoring frequencies listed in
Table 1 to subpart A of this part in lieu of the monitoring frequency
specified for regulated equipment in the applicable subpart. Reduced
monitoring frequencies for good performance are not applicable when
using the alternative work practice.
(6) When this alternative work practice is used for detecting
leaking equipment, the following are not applicable for the equipment
being monitored:
(i) Skip period leak detection and repair;
(ii) Quality improvement plans; or
(iii) Complying with standards for allowable percentage of valves
and pumps to leak.
(7) When the alternative work practice is used to detect leaking
equipment, the regulated equipment in paragraph (d)(1)(i) of this
section must also be monitored annually using a 40 CFR part 60, Appendix
A-7, Method 21 monitor at the leak definition required in the applicable
subpart. The owner or operator may choose the specific monitoring period
(for example, first quarter) to conduct the annual monitoring.
Subsequent monitoring must be conducted every 12 months from the initial
period. Owners or operators must keep records of the annual Method 21
screening results, as specified in paragraph (i)(4)(vii) of this
section.
(e) An owner or operator of an affected source who chooses to use
the alternative work practice must comply with the requirements of
paragraphs (e)(1) through (e)(5) of this section.
(1) Instrument specifications. The optical gas imaging instrument
must comply with the requirements specified in paragraphs (e)(1)(i) and
(e)(1)(ii) of this section.
(i) Provide the operator with an image of the potential leak points
for each piece of equipment at both the detection sensitivity level and
within the distance used in the daily instrument check described in
paragraph (e)(2) of this section. The detection sensitivity level
depends upon the frequency at which leak monitoring is to be performed.
(ii) Provide a date and time stamp for video records of every
monitoring event.
(2) Daily instrument check. On a daily basis, and prior to beginning
any leak monitoring work, test the optical gas imaging instrument at the
mass flow rate determined in paragraph (e)(2)(i) of this section in
accordance with the procedure specified in paragraphs (e)(2)(ii) through
(e)(2)(iv) of this section for each camera configuration used during
monitoring (for example, different lenses used), unless an alternative
method to demonstrate daily instrument checks has been approved in
accordance with paragraph (e)(2)(v) of this section.
(i) Calculate the mass flow rate to be used in the daily instrument
check by following the procedures in paragraphs (e)(2)(i)(A) and
(e)(2)(i)(B) of this section.
(A) For a specified population of equipment to be imaged by the
instrument, determine the piece of equipment in contact with the lowest
mass fraction of chemicals that are detectable, within the distance to
be used in paragraph (e)(2)(iv)(B) of this section, at or below the
standard detection sensitivity level.
(B) Multiply the standard detection sensitivity level, corresponding
to the selected monitoring frequency in Table 1 of subpart A of this
part, by the mass fraction of detectable chemicals from the stream
identified in paragraph (e)(2)(i)(A) of this section to determine the
mass flow rate to be used in the daily instrument check, using the
following equation.
[GRAPHIC] [TIFF OMITTED] TR22DE08.008
Where:
Edic = Mass flow rate for the daily instrument check, grams
per hour
xi = Mass fraction of detectable chemical(s) i seen by the
optical gas imaging instrument, within the distance to be used in
paragraph (e)(2)(iv)(B) of this section, at or below the standard
detection sensitivity level, Esds.
Esds = Standard detection sensitivity level from Table 1 to
subpart A, grams per hour
[[Page 67]]
k = Total number of detectable chemicals emitted from the leaking
equipment and seen by the optical gas imaging instrument.
(ii) Start the optical gas imaging instrument according to the
manufacturer's instructions, ensuring that all appropriate settings
conform to the manufacturer's instructions.
(iii) Use any gas chosen by the user that can be viewed by the
optical gas imaging instrument and that has a purity of no less than 98
percent.
(iv) Establish a mass flow rate by using the following procedures:
(A) Provide a source of gas where it will be in the field of view of
the optical gas imaging instrument.
(B) Set up the optical gas imaging instrument at a recorded distance
from the outlet or leak orifice of the flow meter that will not be
exceeded in the actual performance of the leak survey. Do not exceed the
operating parameters of the flow meter.
(C) Open the valve on the flow meter to set a flow rate that will
create a mass emission rate equal to the mass rate calculated in
paragraph (e)(2)(i) of this section while observing the gas flow through
the optical gas imaging instrument viewfinder. When an image of the gas
emission is seen through the viewfinder at the required emission rate,
make a record of the reading on the flow meter.
(v) Repeat the procedures specified in paragraphs (e)(2)(ii) through
(e)(2)(iv) of this section for each configuration of the optical gas
imaging instrument used during the leak survey.
(vi) To use an alternative method to demonstrate daily instrument
checks, apply to the Administrator for approval of the alternative under
Sec. 63.177 or Sec. 63.178, whichever is applicable.
(3) Leak survey procedure. Operate the optical gas imaging
instrument to image every regulated piece of equipment selected for this
work practice in accordance with the instrument manufacturer's operating
parameters. All emissions imaged by the optical gas imaging instrument
are considered to be leaks and are subject to repair. All emissions
visible to the naked eye are also considered to be leaks and are subject
to repair.
(4) Recordkeeping. Keep the records described in paragraphs
(e)(4)(i) through (e)(4)(vii) of this section:
(i) The equipment, processes, and facilities for which the owner or
operator chooses to use the alternative work practice.
(ii) The detection sensitivity level selected from Table 1 to
subpart A of this part for the optical gas imaging instrument.
(iii) The analysis to determine the piece of equipment in contact
with the lowest mass fraction of chemicals that are detectable, as
specified in paragraph (e)(2)(i)(A) of this section.
(iv) The technical basis for the mass fraction of detectable
chemicals used in the equation in paragraph (e)(2)(i)(B) of this
section.
(v) The daily instrument check. Record the distance, per paragraph
(e)(2)(iv)(B) of this section, and the flow meter reading, per paragraph
(e)(2)(iv)(C) of this section, at which the leak was imaged. Keep a
video record of the daily instrument check for each configuration of the
optical gas imaging instrument used during the leak survey (for example,
the daily instrument check must be conducted for each lens used). The
video record must include a time and date stamp for each daily
instrument check. The video record must be kept for 5 years.
(vi) Recordkeeping requirements in the applicable subpart. A video
record must be used to document the leak survey results. The video
record must include a time and date stamp for each monitoring event. A
video record can be used to meet the recordkeeping requirements of the
applicable subparts if each piece of regulated equipment selected for
this work practice can be identified in the video record. The video
record must be kept for 5 years.
(vii) The results of the annual Method 21 screening required in
paragraph (h)(7) of this section. Records must be kept for all regulated
equipment specified in paragraph (h)(1) of this section. Records must
identify the equipment screened, the screening value measured by Method
21, the time and date of the screening, and calibration information
required in the existing applicable subparts.
[[Page 68]]
(5) Reporting. Submit the reports required in the applicable
subpart. Submit the records of the annual Method 21 screening required
in paragraph (h)(7) of this section to the Administrator via e-mail to
CCG-AWP@EPA.GOV.
[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 24444, May 4, 1998; 65
FR 62215, Oct. 17, 2000; 67 FR 16605, Apr. 5, 2002; 73 FR 78211, Dec.
22, 2008]
Sec. 63.12 State authority and delegations.
(a) The provisions of this part shall not be construed in any manner
to preclude any State or political subdivision thereof from--
(1) Adopting and enforcing any standard, limitation, prohibition, or
other regulation applicable to an affected source subject to the
requirements of this part, provided that such standard, limitation,
prohibition, or regulation is not less stringent than any requirement
applicable to such source established under this part;
(2) Requiring the owner or operator of an affected source to obtain
permits, licenses, or approvals prior to initiating construction,
reconstruction, modification, or operation of such source; or
(3) Requiring emission reductions in excess of those specified in
subpart D of this part as a condition for granting the extension of
compliance authorized by section 112(i)(5) of the Act.
(b)(1) Section 112(l) of the Act directs the Administrator to
delegate to each State, when appropriate, the authority to implement and
enforce standards and other requirements pursuant to section 112 for
stationary sources located in that State. Because of the unique nature
of radioactive material, delegation of authority to implement and
enforce standards that control radionuclides may require separate
approval.
(2) Subpart E of this part establishes procedures consistent with
section 112(l) for the approval of State rules or programs to implement
and enforce applicable Federal rules promulgated under the authority of
section 112. Subpart E also establishes procedures for the review and
withdrawal of section 112 implementation and enforcement authorities
granted through a section 112(l) approval.
(c) All information required to be submitted to the EPA under this
part also shall be submitted to the appropriate State agency of any
State to which authority has been delegated under section 112(l) of the
Act, provided that each specific delegation may exempt sources from a
certain Federal or State reporting requirement. The Administrator may
permit all or some of the information to be submitted to the appropriate
State agency only, instead of to the EPA and the State agency.
Sec. 63.13 Addresses of State air pollution control agencies
and EPA Regional Offices.
(a) All requests, reports, applications, submittals, and other
communications to the Administrator pursuant to this part shall be
submitted to the appropriate Regional Office of the U.S. Environmental
Protection Agency indicated in the following list of EPA Regional
Offices.
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont), Director, Air, Pesticides and Toxics Division, J.F.K.
Federal Building, Boston, MA 02203-2211.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Air and Waste Management Division, 26 Federal Plaza, New York,
NY 10278.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia), Director, Air Protection Division, 1650 Arch
Street, Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee). Director, Air, Pesticides and
Toxics Management Division, Atlanta Federal Center, 61 Forsyth Street,
Atlanta, GA 30303-3104.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin),
Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL
60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas),
Director, Air, Pesticides and Toxics, 1445 Ross Avenue, Dallas, TX
75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA,
and Toxics Division, U.S. Environmental Protection Agency, 901 N. 5th
Street, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming)
[[Page 69]]
Director, Air and Toxics Technical Enforcement Program, Office of
Enforcement, Compliance and Environmental Justice, Mail Code 8ENF-AT,
1595 Wynkoop Street, Denver, CO 80202-1129.
EPA Region IX (Arizona, California, Hawaii, Nevada; the territories of
American Samoa and Guam; the Commonwealth of the Northern Mariana
Islands; the territories of Baker Island, Howland Island, Jarvis Island,
Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake
Islands; and certain U.S. Government activities in the freely associated
states of the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau), Director, Air Division, 75
Hawthorne Street, San Francisco, CA 94105.
EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Office of
Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, WA 98101.
(b) All information required to be submitted to the Administrator
under this part also shall be submitted to the appropriate State agency
of any State to which authority has been delegated under section 112(l)
of the Act. The owner or operator of an affected source may contact the
appropriate EPA Regional Office for the mailing addresses for those
States whose delegation requests have been approved.
(c) If any State requires a submittal that contains all the
information required in an application, notification, request, report,
statement, or other communication required in this part, an owner or
operator may send the appropriate Regional Office of the EPA a copy of
that submittal to satisfy the requirements of this part for that
communication.
[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 66061, Dec. 1, 1998; 67
FR 4184, Jan. 29, 2002; 68 FR 32601, May 30, 2003; 68 FR 35792, June 17,
2003; 73 FR 24871, May 6, 2008; 75 FR 69352, Nov. 12, 2010]
Sec. 63.14 Incorporations by reference.
(a) The materials listed in this section are incorporated by
reference in the corresponding sections noted. These incorporations by
reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of the approval, and notice of
any change in these materials will be published in the Federal Register.
The materials are available for purchase at the corresponding addresses
noted below, and all are available for inspection at the National
Archives and Records Administration (NARA), at the Air and Radiation
Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC,
and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North
Carolina. For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.
(b) The following materials are available for purchase from at least
one of the following addresses: American Society for Testing and
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann
Arbor, MI 48106.
(1) ASTM D523-89, Standard Test Method for Specular Gloss, IBR
approved for Sec. 63.782.
(2) ASTM D1193-77, 91, Standard Specification for Reagent Water, IBR
approved for appendix A: Method 306, Sections 7.1.1 and 7.4.2.
(3) ASTM D1331-89, Standard Test Methods for Surface and Interfacial
Tension of Solutions of Surface Active Agents, IBR approved for appendix
A: Method 306B, Sections 6.2, 11.1, and 12.2.2.
(4) ASTM D1475-90, Standard Test Method for Density of Paint,
Varnish Lacquer, and Related Products, IBR approved for Sec. 63.788,
appendix A.
(5) ASTM D1946-77, 90, 94, Standard Method for Analysis of Reformed
Gas by Gas Chromatography, IBR approved for Sec. 63.11(b)(6).
(6) ASTM D2369-93, 95, Standard Test Method for Volatile Content of
Coatings, IBR approved for Sec. 63.788, appendix A.
(7) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by
Bomb Calorimeter (High-Precision Method), IBR approved for Sec.
63.11(b)(6).
(8) ASTM D2879-83, 96, Test Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by
[[Page 70]]
Isoteniscope, IBR approved for Sec. 63.111 and Sec. 63.2406.
(9) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral
Spirits by Gas Chromatography, IBR approved for Sec. 63.786(b).
(10) ASTM 3695-88, Standard Test Method for Volatile Alcohols in
Water by Direct Aqueous-Injection Gas Chromatography, IBR approved for
Sec. 63.365(e)(1) of subpart O.
(11) ASTM D3792-91, Standard Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, IBR
approved for Sec. 63.788, appendix A.
(12) ASTM D3912-80, Standard Test Method for Chemical Resistance of
Coatings Used in Light-Water Nuclear Power Plants, IBR approved for
Sec. 63.782.
(13) ASTM D4017-90, 96a, Standard Test Method for Water in Paints
and Paint Materials by the Karl Fischer Titration Method, IBR approved
for Sec. 63.788, appendix A.
(14) ASTM D4082-89, Standard Test Method for Effects of Gamma
Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR
approved for Sec. 63.782.
(15) ASTM D4256-89, 94, Standard Test Method for Determination of
the Decontaminability of Coatings Used in Light-Water Nuclear Power
Plants, IBR approved for Sec. 63.782.
(16) ASTM D4809-95, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR
approved for Sec. 63.11(b)(6).
(17) ASTM E180-93, Standard Practice for Determining the Precision
of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR
approved for Sec. 63.786(b).
(18) ASTM E260-91, 96, General Practice for Packed Column Gas
Chromatography, IBR approved for Sec. Sec. 63.750(b)(2) and
63.786(b)(5).
(19)-(20) [Reserved]
(21) ASTM D2099-00, Standard Test Method for Dynamic Water
Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester,
IBR approved for Sec. 63.5350.
(22)-(23) [Reserved]
(24) ASTM D2697-86 (Reapproved 1998), ``Standard Test Method for
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' IBR approved
for Sec. Sec. 63.3161(f)(1), 63.3521(b)(1), 63.3941(b)(1),
63.4141(b)(1), 63.4741(b)(1), 63.4941(b)(1), and 63.5160(c).
(25) ASTM D6093-97 (Reapproved 2003), ``Standard Test Method for
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a
Helium Gas Pycnometer,'' IBR approved for Sec. Sec. 63.3161(f)(1),
63.3521(b)(1), 63.3941(b)(1), 63.4141(b)(1), 63.4741(b)(1),
63.4941(b)(1), and 63.5160(c).
(26) ASTM D1475-98 (Reapproved 2003), ``Standard Test Method for
Density of Liquid Coatings, Inks, and Related Products,'' IBR approved
for Sec. Sec. 63.3151(b), 63.3941(b)(4), 63.3941(c), 63.3951(c),
63.4141(b)(3), 63.4141(c), and 63.4551(c).
(27) ASTM D6522-00, Standard Test Method for Determination of
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions
from Natural Gas Fired Reciprocating Engines, Combustion Turbines,
Boilers, and Process Heaters Using Portable Analyzers, IBR approved for
Sec. 63.9307(c)(2).
(28) ASTM D6420-99 (Reapproved 2004), Standards Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography-Mass Spectometry, IBR approved for Sec. Sec.
60.485(g)(5), 60.485a(g)(5), 63.772(a)(1)(ii), 63.2354(b)(3)(i),
63.2354(b)(3)(ii), 63.2354(b)(3)(ii)(A), and 63.2351(b)(3)(ii)(B).
(29) ASTM D6420-99, Standard Test Method for Determination of
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry, IBR approved for Sec. Sec. 63.5799 and 63.5850.
(30) ASTM E 515-95 (Reapproved 2000), Standard Test Method for Leaks
Using Bubble Emission Techniques, IBR approved for Sec. 63.425(i)(2).
(31) ASTM D5291-02, Standard Test Methods for Instrumental
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products
and Lubricants, IBR approved for Sec. 63.3981, appendix A.
(32) ASTM D5965-02, ``Standard Test Methods for Specific Gravity of
Coating Powders,'' IBR approved for Sec. Sec. 63.3151(b) and
63.3951(c).
(33) ASTM D6053-00, Standard Test Method for Determination of
Volatile Organic Compound (VOC) Content of
[[Page 71]]
Electrical Insulating Varnishes, IBR approved for Sec. 63.3981,
appendix A.
(34) E145-94 (Reapproved 2001), Standard Specification for Gravity-
Convection and Forced-Ventilation Ovens, IBR approved for Sec. 63.4581,
appendix A.
(35) ASTM D6784-02 (Reapproved 2008) Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method),
approved April 1, 2008, IBR approved for table 1 to subpart DDDDD of
this part, table 2 to subpart DDDDD of this part, table 5 to subpart
DDDDD, table 12 to subpart DDDDD of this part, and table 4 to subpart
JJJJJJ of this part.
(36) ASTM D5066-91 (Reapproved 2001), ``Standard Test Method for
Determination of the Transfer Efficiency Under Production Conditions for
Spray Application of Automotive Paints-Weight Basis,'' IBR approved for
Sec. 63.3161(g).
(37) ASTM D5087-02, ``Standard Test Method for Determining Amount of
Volatile Organic Compound (VOC) Released from Solventborne Automotive
Coatings and Available for Removal in a VOC Control Device
(Abatement),'' IBR approved for Sec. Sec. 63.3165(e) and 63.3176,
appendix A.
(38) ASTM D6266-00a, ``Test Method for Determining the Amount of
Volatile Organic Compound (VOC) Released from Waterborne Automotive
Coatings and Available for Removal in a VOC Control Device
(Abatement),'' IBR approved for Sec. 63.3165(e).
(39) ASTM Method D388-05, Standard Classification of Coals by Rank,
approved September 15, 2005, IBR approved for Sec. Sec. 63.7575 and
63.11237.
(40) ASTM D396-10 Standard Specification for Fuel Oils, approved
October 1, 2010, IBR approved for Sec. 63.7575.
(41) ASTM Method D1835-05, Standard Specification for Liquefied
Petroleum (LP) Gases, approved April 1, 2005, IBR approved for
Sec. Sec. 63.7575 and 63.11237.
(42) ASTM D2013/D2013M-09 Standard Practice for Preparing Coal
Samples for Analysis, approved November 1, 2009, IBR approved for table
6 to subpart DDDDD of this part and table 5 to subpart JJJJJJ of this
part.
(43) ASTM D2234/D2234M-10 Standard Practice for Collection of a
Gross Sample of Coal, approved January 1, 2010, IBR approved for table 6
to subpart DDDDD of this part and table 5 to subpart JJJJJJ of this
part.
(44) ASTM D3173-03 (Reapproved 2008) Standard Test Method for
Moisture in the Analysis Sample of Coal and Coke, approved February 1,
2008, IBR approved for table 6 to subpart DDDDD of this part and table 5
to subpart JJJJJJ of this part.
(45)-(46) [Reserved]
(47) ASTM D5198-09 Standard Practice for Nitric Acid Digestion of
Solid Waste, approved February 1, 2009, IBR approved for table 6 to
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
(48) ASTM D5865-10a Standard Test Method for Gross Calorific Value
of Coal and Coke, approved May 1, 2010, IBR approved for table 6 to
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
(49) ASTM D6323-98 (Reapproved 2003), Standard Guide for Laboratory
Subsampling of Media Related to Waste Management Activities, approved
August 10, 2003, IBR approved for table 6 to subpart DDDDD of this part
and table 5 to subpart JJJJJJ of this part.
(50) ASTM E711-87 (Reapproved 2004) Standard Test Method for Gross
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, approved
August 28, 1987, IBR approved for table 6 to subpart DDDDD of this part
and table 5 to subpart JJJJJJ of this part.
(51) ASTM E776-87 (Reapproved 2009) Standard Test Method for Forms
of Chlorine in Refuse-Derived Fuel, approved July 1, 2009, IBR approved
for table 6 to subpart DDDDD of this part.
(52) ASTM E871-82 (Reapproved 2006) Standard Test Method for
Moisture Analysis of Particulate Wood Fuels, approved November 1, 2006,
IBR approved for table 6 to subpart DDDDD of this part and table 5 to
subpart JJJJJJ of this part.
(53) ASTM E885-88 (Reapproved 1996), Standard Test Methods for
Analyses of Metals in Refuse-Derived Fuel by Atomic Absorption
Spectroscopy,\1\ IBR approved for table 6 to subpart DDDDD of this part
63.
(54) ASTM D6348-03, Standard Test Method for Determination of
Gaseous
[[Page 72]]
Compounds by Extractive Direct Interface Fourier Transform Infrared
(FTIR) Spectroscopy, incorporation by reference (IBR) approved for Sec.
63.1349(b)(4)(iii) of subpart LLL and table 4 to subpart DDDD of this
part as specified in the subpart.
(55)-(56) [Reserved]
(57) ASTM D6721-01 (Reapproved 2006) Standard Test Method for
Determination of Chlorine in Coal by Oxidative Hydrolysis
Microcoulometry, approved April 1, 2006, IBR approved for table 6 to
subpart DDDDD of this part.
(58)-(60) [Reserved]
(61) ASTM D6722-01 (Reapproved 2006) Standard Test Method for Total
Mercury in Coal and Coal Combustion Residues by the Direct Combustion
Analysis, approved April 1, 2006, IBR approved for table 6 to subpart
DDDDD and table 5 to subpart JJJJJJ of this part.
(62) [Reserved]
(63) ASTM D2216-05, ``Standard Test Methods for Laboratory
Determination of Water (Moisture) Content of Soil and Rock by Mass,''
IBR approved for the definition of ``Free organic liquids'' in Sec.
63.10692.
(64) ASTM D6522-00 (Reapproved 2005), Standard Test Method for
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from Natural Gas Fired Reciprocating
Engines, Combustion Turbines, Boilers, and Process Heaters Using
Portable Analyzers, approved October 1, 2005, IBR approved for table 4
to subpart ZZZZ of this part, table 5 to subpart DDDDD of this part, and
table 4 to subpart JJJJJJ of this part.
(65) ASTM D 5228-92--``Standard Test Method for Determination of
Butane Working Capacity of Activated Carbon,'' reapproved 2005, IBR
approved for Sec. 63.11092(b)(1)(i)(B)(1)(ii).
(66) ASTM D6784-02 (Reapproved 2008), Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method),
approved April 1, 2008, IBR approved for Sec. Sec. 63.11646(a)(1)(vi),
63.11647(a)(1)(ii), 63.11647(a)(3)(ii), and 63.11647(d).
(67) ASTM D5954-98 (Reapproved 2006), Test Method for Mercury
Sampling and Measurement in Natural Gas by Atomic Absorption
Spectroscopy, approved December 1, 2006, IBR approved for table 6 to
subpart DDDDD of this part.
(68) ASTM D6350-98 (Reapproved 2003) Standard Test Method for
Mercury Sampling and Analysis in Natural Gas by Atomic Fluorescence
Spectroscopy, approved May 10, 2003, IBR approved for table 6 to subpart
DDDDD of this part.
(c) The materials listed below are available for purchase from the
American Petroleum Institute (API), 1220 L Street, NW., Washington, DC
20005.
(1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition, February 1989, IBR approved for Sec. 63.111
and Sec. 63.2406.
(2) API Publication 2518, Evaporative Loss from Fixed-roof Tanks,
Second Edition, October 1991, IBR approved for Sec. 63.150(g)(3)(i)(C)
of subpart G of this part.
(3) API Manual of Petroleum Measurement Specifications (MPMS)
Chapter 19.2, Evaporative Loss From Floating-Roof Tanks (formerly API
Publications 2517 and 2519), First Edition, April 1997, IBR approved for
Sec. 63.1251 of subpart GGG of this part.
(d) State and Local Requirements. The following materials listed
below are available at the Air and Radiation Docket and Information
Center, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone
number (202) 566-1745.
(1) California Regulatory Requirements Applicable to the Air Toxics
Program, November 16, 2010, IBR approved for Sec. 63.99(a)(5)(ii) of
subpart E of this part.
(2) New Jersey's Toxic Catastrophe Prevention Act Program, (July 20,
1998), Incorporation By Reference approved for Sec. 63.99 (a)(30)(i) of
subpart E of this part.
(3)(i) Letter of June 7, 1999 to the U.S. Environmental Protection
Agency Region 3 from the Delaware Department of Natural Resources and
Environmental Control requesting formal full delegation to take over
primary responsibility for implementation and enforcement of the
Chemical Accident Prevention Program under Section 112(r) of the Clean
Air Act Amendments of 1990.
[[Page 73]]
(ii) Delaware Department of Natural Resources and Environmental
Control, Division of Air and Waste Management, Accidental Release
Prevention Regulation, sections 1 through 5 and sections 7 through 14,
effective January 11, 1999, IBR approved for Sec. 63.99(a)(8)(i) of
subpart E of this part.
(iii) State of Delaware Regulations Governing the Control of Air
Pollution (October 2000), IBR approved for Sec. 63.99(a)(8)(ii)-(v) of
subpart E of this part.
(4) Massachusetts Department of Environmental Protection regulations
at 310 CMR 7.26(10)-(16), Air Pollution Control, effective as of
September 5, 2008, corrected March 6, 2009, and 310 CMR 70.00,
Environmental Results Program Certification, effective as of December
28, 2007. Incorporation By Reference approved for Sec. 63.99(a)(22)(ii)
of subpart E of this part.
(5)(i) New Hampshire Regulations Applicable to Hazardous Air
Pollutants, March, 2003. Incorporation by Reference approved for Sec.
63.99(a)(29)(iii) of subpart E of this part.
(ii) New Hampshire Regulations Applicable to Hazardous Air
Pollutants, September 2006. Incorporation by Reference approved for
Sec. 63.99(a)(29)(iv) of subpart E of this part.
(6) Maine Regulations Applicable to Hazardous Air Pollutants (March
2006). Incorporation By Reference approved for Sec. 63.99(a)(19)(iii)
of subpart E of this part.
(7) California South Coast Air Quality Management District's ``Spray
Equipment Transfer Efficiency Test Procedure for Equipment User, May 24,
1989,'' IBR approved for Sec. Sec. 63.11173(e) and 63.11516(d).
(8) California South Coast Air Quality Management District's
``Guidelines for Demonstrating Equivalency with District Approved
Transfer Efficient Spray Guns, September 26, 2002,'' Revision 0, IBR
approved for Sec. Sec. 63.11173(e) and 63.11516(d).
(9) Rhode Island Department of Environmental Management regulations
at Air Pollution Control Regulation No. 36, Control of Emissions from
Organic Solvent Cleaning, effective April 8, 1996, last amended October
9, 2008, and Rhode Island Air Pollution Control, General Definitions
Regulation, effective July 19, 2007, last amended October 9, 2008.
Incorporation By Reference approved for Sec. 63.99(a)(40)(ii) of
subpart E of this part.
(e) The materials listed below are available for purchase from the
National Institute of Standards and Technology, Springfield, VA 22161,
(800) 553-6847.
(1) Handbook 44, Specificiations, Tolerances, and Other Technical
Requirements for Weighing and Measuring Devices 1998, IBR approved for
Sec. 63.1303(e)(3).
(2) [Reserved]
(f) The following material is available from the National Council of
the Paper Industry for Air and Stream Improvement, Inc. (NCASI), P.O.
Box 133318, Research Triangle Park, NC 27709-3318 or at http://
www.ncasi.org.
(1) NCASI Method DI/MEOH-94.02, Methanol in Process Liquids GC/FID
(Gas Chromatography/Flame Ionization Detection), August 1998, Methods
Manual, NCASI, Research Triangle Park, NC, IBR approved for Sec.
63.457(c)(3)(ii) of subpart S of this part.
(2) NCASI Method CI/WP-98.01, Chilled Impinger Method For Use At
Wood Products Mills to Measure Formaldehyde, Methanol, and Phenol, 1998,
Methods Manual, NCASI, Research Triangle Park, NC, IBR approved for
table 4 to subpart DDDD of this part.
(3) NCASI Method IM/CAN/WP-99.02, Impinger/Canister Source Sampling
Method for Selected HAPs and Other Compounds at Wood Products
Facilities, January 2004, Methods Manual, NCASI, Research Triangle Park,
NC, IBR approved for table 4 to subpart DDDD of this part.
(4) NCASI Method ISS/FP A105.01, Impinger Source Sampling Method for
Selected Aldehydes, Ketones, and Polar Compounds, December 2005, Methods
Manual, NCASI, Research Triangle Park, NC, IBR approved for table 4 to
subpart DDDD of this part.
(g) The materials listed below are available for purchase from AOAC
International, Customer Services, Suite 400, 2200 Wilson Boulevard,
Arlington, Virginia, 22201-3301, Telephone (703) 522-3032, Fax (703)
522-5468.
[[Page 74]]
(1) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers,
Automated Method, Sixteenth edition, 1995, IBR approved for Sec.
63.626(d)(3)(vi).
(2) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers,
Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition,
1995, IBR approved for Sec. 63.626(d)(3)(vi).
(3) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers,
Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition,
1995, IBR approved for Sec. 63.626(d)(3)(vi).
(4) AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers,
Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved
for Sec. 63.626(d)(3)(vi).
(5) AOAC Official Method 929.01 Sampling of Solid Fertilizers,
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
(6) AOAC Official Method 929.02 Preparation of Fertilizer Sample,
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
(7) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers,
Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition,
1995, IBR approved for Sec. 63.626(d)(3)(vi).
(h) The materials listed below are available for purchase from The
Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow,
Florida, 33830, Book of Methods Used and Adopted By The Association of
Florida Phosphate Chemists, Seventh Edition 1991, IBR.
(1) Section IX, Methods of Analysis for Phosphate Rock, No. 1
Preparation of Sample, IBR approved for Sec. Sec. 63.606(c)(3)(ii) and
63.626(c)(3)(ii).
(2) Section IX, Methods of Analysis for Phosphate Rock, No. 3
Phosphorus--P2O5 or
Ca3(PO4)2, Method A-Volumetric Method,
IBR approved for Sec. Sec. 63.606(c)(3)(ii) and 63.626(c)(3)(ii).
(3) Section IX, Methods of Analysis for Phosphate Rock, No. 3
Phosphorus-P2O5 or
Ca3(PO4)2, Method B--Gravimetric
Quimociac Method, IBR approved for Sec. Sec. 63.606(c)(3)(ii) and
63.626(c)(3)(ii).
(4) Section IX, Methods of Analysis For Phosphate Rock, No. 3
Phosphorus-P2O5 or
Ca3(PO4)2, Method C--Spectrophotometric
Method, IBR approved for Sec. Sec. 63.606(c)(3)(ii) and
63.626(c)(3)(ii).
(5) Section XI, Methods of Analysis for Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method A--Volumetric
Method, IBR approved for Sec. Sec. 63.606(c)(3)(ii), 63.626(c)(3)(ii),
and 63.626(d)(3)(v).
(6) Section XI, Methods of Analysis for Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method B--Gravimetric
Quimociac Method, IBR approved for Sec. Sec. 63.606(c)(3)(ii),
63.626(c)(3)(ii), and 63.626(d)(3)(v).
(7) Section XI, Methods of Analysis for Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method, IBR approved for Sec. Sec. 63.606(c)(3)(ii),
63.626(c)(3)(ii), and 63.626(d)(3)(v).
(i) The following materials are available for purchase from at least
one of the following addresses: ASME International, Orders/Inquiries,
P.O. Box 2900, Fairfield, NJ 07007-2900; or Global Engineering
Documents, Sales Department, 15 Inverness Way East, Englewood, CO 80112.
(1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii),
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3),
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2),
63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii)
and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii),
63.11551(a)(2)(i)(C), table 5 to subpart DDDDD of this part, table 1 to
subpart ZZZZZ of this part, and table 4 to subpart JJJJJJ of this part.
(2) [Reserved]
(j) The following material is available for purchase from: British
Standards Institute, 389 Chiswick High Road, London W4 4AL, United
Kingdom.
[[Page 75]]
(1) BS EN 1593:1999, Non-destructive Testing: Leak Testing--Bubble
Emission Techniques, IBR approved for Sec. 63.425(i)(2).
(2) [Reserved]
(k) The following materials are available for purchase from the
National Technical Information Service (NTIS), 5285 Port Royal Road,
Springfield, VA 22161, (703) 605-6000 or (800) 553-6847; or for purchase
from the Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402, (202) 512-1800:
(1) The following methods as published in the test methods
compendium known as ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, Third Edition. A suffix of
``A'' in the method number indicates revision one (the method has been
revised once). A suffix of ``B'' in the method number indicates revision
two (the method has been revised twice).
(i) Method 0023A, ``Sampling Method for Polychlorinated Dibenzo-p-
Dioxins and Polychlorinated Dibenzofuran Emissions from Stationary
Sources,'' dated December 1996, IBR approved for Sec. 63.1208(b)(1) of
subpart EEE of this part.
(ii) Method 9071B, ``n-Hexane Extractable Material (HEM) for Sludge,
Sediment, and Solid Samples,'' dated April 1998, IBR approved for Sec.
63.7824(e) of subpart FFFFF of this part.
(iii) Method 9095A, ``Paint Filter Liquids Test,'' dated December
1996, IBR approved for Sec. Sec. 63.7700(b) and 63.7765 of subpart
EEEEE of this part.
(iv) Method 9095B, ``Paint Filter Liquids Test,'' (revision 2),
dated November 2004, IBR approved for the definition of ``Free organic
liquids'' in Sec. 63.10692, Sec. 63.10885(a)(1), and the definition of
``Free liquids'' in Sec. 63.10906.
(v) SW-846 Method 74741B, Revision 2, ``Mercury in Solid or
Semisolid Waste (Manual Cold-Vapor Technique)'' February 2007, IBR
approved for Sec. 63.11647(f)(2).
(2) The following method as published in the National Institute of
Occupational Safety and Health (NIOSH) test method compendium, ``NIOSH
Manual of Analytical Methods'', NIOSH publication no. 94-113, Fourth
Edition, August 15, 1994.
(i) NIOSH Method 2010, ``Amines, Aliphatic,'' Issue 2, August 15,
1994, IBR approved for Sec. 63.7732(g)(1)(v) of subpart EEEEE of this
part.
(ii) [Reserved]
(l) The following materials are available for purchase from the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers at 1791 Tullie Circle, NE., Atlanta, GA 30329 or by electronic
mail at orders@ashrae.org:
(1) American Society of Heating, Refrigerating, and Air Conditioning
Engineers Method 52.1, ``Gravimetric and Dust-Spot Procedures for
Testing Air-Cleaning Devices Used in General Ventilation for Removing
Particulate Matter, June 4, 1992,'' IBR approved for Sec. Sec.
63.11173(e) and 63.11516(d).
(2) [Reserved]
(m) The following materials are available from the California Air
Resources Board, Engineering and Certification Branch, 1001 I Street,
P.O. Box 2815, Sacramento, CA 95812-2815, Telephone (916) 327-0900 and
are also available at the following Web site: http://www.arb.ca.gov/
vapor/vapor.htm.
(1) California Air Resources Board Vapor Recovery Test Procedure TP-
201.1.--``Volumetric Efficiency for Phase I Vapor Recovery Systems,''
adopted April 12, 1996, and amended February 1, 2001 and October 8,
2003, IBR approved for Sec. 63.11120(b)(1).
(2) California Air Resources Board Vapor Recovery Test Procedure TP-
201.1E--``Leak Rate and Cracking Pressure of Pressure/Vacuum Vent
Valves,'' adopted October 8, 2003, IBR approved for Sec.
63.11120(a)(1)(i).
(3) California Air Resources Board Vapor Recovery Test Procedure TP-
201.3--``Determination of 2-Inch WC Static Pressure Performance of Vapor
Recovery Systems of Dispensing Facilities,'' adopted April 12, 1996 and
amended March 17, 1999, IBR approved for Sec. 63.11120(a)(2)(i).
(n) The following material is available from the Texas Commission on
Environmental Quality (TCEQ) Library, Post Office Box 13087, Austin,
Texas 78711-3087, telephone number (512) 239-0028 or at http://
www.tceq.state.tx.us/assets/public/implementation/air/sip/sipdocs/2002-
12-HGB/02046sipapp--ado.pdf:
[[Page 76]]
(1) ``Air Stripping Method (Modified El Paso Method) for
Determination of Volatile Organic Compound Emissions from Water
Sources,'' Revision Number One, dated January 2003, Sampling Procedures
Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas
Commission on Environmental Quality, January 31, 2003, IBR approved for
Sec. 63.654(c)(1) and (g)(4)(i) of subpart CC of this part.
(2) [Reserved]
(o) The following material is available from the Bay Area Air
Quality Management District (BAAQMD), 939 Ellis Street, San Francisco,
California 94109, and is also available at the following Web site:
http://www.arb.ca.gov/DRDB/BA/CURHTML/ST/st30.pdf.
(1) ``BAAQMD Source Test Procedure ST-30--Static Pressure Integrity
Test, Underground Storage Tanks,'' adopted November 30, 1983, and
amended December 21, 1994, IBR approved for Sec. 63.11120(a)(2)(iii).
(2) [Reserved]
(p) The following material is available from the U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
(202) 272-0167, http://www.epa.gov.
(1) National Emission Standards for Hazardous Air Pollutants
(NESHAP) for Integrated Iron and Steel Plants--Background Information
for Proposed Standards, Final Report, EPA-453/R-01-005, January 2001,
IBR approved for Sec. 63.7491(g).
(2) Office Of Air Quality Planning And Standards (OAQPS), Fabric
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997,
IBR approved for Sec. Sec. 63.7525(j)(2) and 63.11224(f)(2).
(3) SW-846-3020A, Acid Digestion of Aqueous Samples And Extracts For
Total Metals For Analysis By GFAA Spectroscopy, Revision 1, July 1992,
in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods, Third Edition, IBR approved for table 6 to
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
(4) SW-846-3050B, Acid Digestion of Sediments, Sludges, And Soils,
Revision 2, December 1996, in EPA Publication No. SW-846, Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition,
IBR approved for table 6 to subpart DDDDD of this part and table 5 to
subpart JJJJJJ of this part.
(5) SW-846-7470A, Mercury In Liquid Waste (Manual Cold-Vapor
Technique), Revision 1, September 1994, in EPA Publication No. SW-846,
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,
Third Edition, IBR approved for table 6 to subpart DDDDD of this part
and table 5 to subpart JJJJJJ of this part.
(6) SW-846-7471B, Mercury In Solid Or Semisolid Waste (Manual Cold-
Vapor Technique), Revision 2, February 2007, in EPA Publication No. SW-
846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,
Third Edition, IBR approved for table 6 to subpart DDDDD of this part
and table 5 to subpart JJJJJJ of this part.
(7) SW-846-9250, Chloride (Colorimetric, Automated Ferricyanide
AAI), Revision 0, September 1986, in EPA Publication No. SW-846, Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third
Edition, IBR approved for table 6 to subpart DDDDD of this part.
(q) The following material is available for purchase from the
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.
(1) ISO 6978-1:2003(E), Natural Gas--Determination of Mercury--Part
1: Sampling of Mercury by Chemisorption on Iodine, First edition,
October 15, 2003, IBR approved for table 6 to subpart DDDDD of this
part.
(2) ISO 6978-2:2003(E), Natural gas--Determination of Mercury--Part
2: Sampling of Mercury by Amalgamation on Gold/Platinum Alloy, First
edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD of
this part.
[59 FR 12430, Mar. 16, 1994]
Editorial Notes: For Federal Register citations affecting Sec.
63.14, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
2. At 76 FR 15589, Mar. 21, 2011, Sec. 63.14 was amended by adding
paragraph (b)(66), however, the amendment could not be incorporated
because a paragraph (b)(66) already
[[Page 77]]
existed. For the convenience of the user, the added text is set forth as
follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(b) * * *
(66) ASTM D4084-07 Standard Test Method for Analysis of Hydrogen
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), approved
June 1, 2007, IBR approved for table 6 to subpart DDDDD of this part.
* * * * *
Effective Date Notes: 1. At 76 FR 30550, May 26, 2011, Sec. 63.14
was amended by revising paragraph (d)(6), effective July 25, 2011. For
the convenience of the user, the revised text is set forth as follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(d) * * *
(6) Maine Department of Environmental Protection regulations at
Chapter 125, Perchloroethylene Dry Cleaner Regulation, effective as of
June 2, 1991, last amended on June 24, 2009. Incorporation By Reference
approved for Sec. 63.99(a)(20)(iii) of subpart E of this part.
* * * * *
2. At 76 FR 15589, Mar. 21, 2011, Sec. 63.14 was amended by
revising paragraphs (b)(27), (b)(35), (b)(39) through (44), (b)(47)
through (52), (b)(57), (b)(61), (b)(64), and (i)(1), removing and
reserving paragraphs (b)(45), (b)(46), (b)(55), (b)(56), (b)(58) through
(60), and (b)(62), and adding paragraphs (b)(66) through (68), (p), and
(q), effective May 20, 2011. At 76 FR 28664, May 18, 2011, this
amendment was delayed indefinitely. For the convenience of the user, the
revised and added text is set forth as follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(b) * * *
(27) ASTM D6522-00, Standard Test Method for Determination of
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions
from Natural Gas Fired Reciprocating Engines, Combustion Turbines,
Boilers, and Process Heaters Using Portable Analyzers, IBR approved for
Sec. 63.9307(c)(2).
* * * * *
(35) ASTM D6784-02 (Reapproved 2008) Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method),
approved April 1, 2008, IBR approved for table 1 to subpart DDDDD of
this part, table 2 to subpart DDDDD of this part, table 5 to subpart
DDDDD, table 12 to subpart DDDDD of this part, and table 4 to subpart
JJJJJJ of this part.
* * * * *
(39) ASTM Method D388-05, Standard Classification of Coals by Rank,
approved September 15, 2005, IBR approved for Sec. 63.7575 and Sec.
63.11237.
(40) ASTM D396-10 Standard Specification for Fuel Oils, approved
October 1, 2010, IBR approved for Sec. 63.7575.
(41) ASTM Method D1835-05, Standard Specification for Liquefied
Petroleum (LP) Gases, approved April 1, 2005, IBR approved for Sec.
63.7575 and Sec. 63.11237.
(42) ASTM D2013/D2013M-09 Standard Practice for Preparing Coal
Samples for Analysis, approved November 1, 2009, IBR approved for table
6 to subpart DDDDD of this part and table 5 to subpart JJJJJJ of this
part.
(43) ASTM D2234/D2234M-10 Standard Practice for Collection of a
Gross Sample of Coal, approved January 1, 2010, IBR approved for table 6
to subpart DDDDD of this part and table 5 to subpart JJJJJJ of this
part.
(44) ASTM D3173-03 (Reapproved 2008) Standard Test Method for
Moisture in the Analysis Sample of Coal and Coke, approved February 1,
2008, IBR approved for table 6 to subpart DDDDD of this part and table 5
to subpart JJJJJJ of this part.
* * * * *
(47) ASTM D5198-09 Standard Practice for Nitric Acid Digestion of
Solid Waste, approved February 1, 2009, IBR approved for table 6 to
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
(48) ASTM D5865-10a Standard Test Method for Gross Calorific Value
of Coal and Coke, approved May 1, 2010, IBR approved for table 6 to
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
(49) ASTM D6323-98 (Reapproved 2003), Standard Guide for Laboratory
Subsampling of Media Related to Waste Management Activities, approved
August 10, 2003, IBR approved for table 6 to subpart DDDDD of this part
and table 5 to subpart JJJJJJ of this part.
(50) ASTM E711-87 (Reapproved 2004) Standard Test Method for Gross
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, approved
August 28, 1987, IBR approved for table 6 to subpart DDDDD of this part
and table 5 to subpart JJJJJJ of this part.
(51) ASTM E776-87 (Reapproved 2009) Standard Test Method for Forms
of Chlorine
[[Page 78]]
in Refuse-Derived Fuel, approved July 1, 2009, IBR approved for table 6
to subpart DDDDD of this part.
(52) ASTM E871-82 (Reapproved 2006) Standard Test Method for
Moisture Analysis of Particulate Wood Fuels, approved November 1, 2006,
IBR approved for table 6 to subpart DDDDD of this part and table 5 to
subpart JJJJJJ of this part.
* * * * *
(57) ASTM D6721-01 (Reapproved 2006) Standard Test Method for
Determination of Chlorine in Coal by Oxidative Hydrolysis
Microcoulometry, approved April 1, 2006, IBR approved for table 6 to
subpart DDDDD of this part.
* * * * *
(61) ASTM D6722-01 (Reapproved 2006) Standard Test Method for Total
Mercury in Coal and Coal Combustion Residues by the Direct Combustion
Analysis, approved April 1, 2006, IBR approved for Table 6 to subpart
DDDDD and Table 5 to subpart JJJJJJ of this part.
* * * * *
(64) ASTM D6522-00 (Reapproved 2005), Standard Test Method for
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from Natural Gas Fired Reciprocating
Engines, Combustion Turbines, Boilers, and Process Heaters Using
Portable Analyzers, approved October 1, 2005, IBR approved for table 4
to subpart ZZZZ of this part, table 5 to subpart DDDDD of this part, and
table 4 to subpart JJJJJJ of this part.
* * * * *
(66) ASTM D4084-07 Standard Test Method for Analysis of Hydrogen
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), approved
June 1, 2007, IBR approved for table 6 to subpart DDDDD of this part.
(67) ASTM D5954-98 (Reapproved 2006), Test Method for Mercury
Sampling and Measurement in Natural Gas by Atomic Absorption
Spectroscopy, approved December 1, 2006, IBR approved for table 6 to
subpart DDDDD of this part.
(68) ASTM D6350-98 (Reapproved 2003) Standard Test Method for
Mercury Sampling and Analysis in Natural Gas by Atomic Fluorescence
Spectroscopy, approved May 10, 2003, IBR approved for table 6 to subpart
DDDDD of this part.
(i) * * *
(1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii),
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3),
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2),
63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii)
and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii),
63.11551(a)(2)(i)(C), table 5 to subpart DDDDD of this part, table 1 to
subpart ZZZZZ of this part, and table 4 to subpart JJJJJJ of this part.
* * * * *
(p) The following material is available from the U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
(202) 272-0167, http://www.epa.gov.
(1) National Emission Standards for Hazardous Air Pollutants
(NESHAP) for Integrated Iron and Steel Plants--Background Information
for Proposed Standards, Final Report, EPA-453/R-01-005, January 2001,
IBR approved for Sec. 63.7491(g).
(2) Office Of Air Quality Planning And Standards (OAQPS), Fabric
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997,
IBR approved for Sec. 63.7525(j)(2) and Sec. 63.11224(f)(2).
(3) SW-846-3020A, Acid Digestion of Aqueous Samples And Extracts For
Total Metals For Analysis By GFAA Spectroscopy, Revision 1, July 1992,
in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods, Third Edition, IBR approved for table 6 to
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
(4) SW-846-3050B, Acid Digestion of Sediments, Sludges, And Soils,
Revision 2, December 1996, in EPA Publication No. SW-846, Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition,
IBR approved for table 6 to subpart DDDDD of this part and table 5 to
subpart JJJJJJ of this part.
(5) SW-846-7470A, Mercury In Liquid Waste (Manual Cold-Vapor
Technique), Revision 1, September 1994, in EPA Publication No. SW-846,
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,
Third Edition, IBR approved for table 6 to subpart DDDDD of this part
and table 5 to subpart JJJJJJ of this part.
(6) SW-846-7471B, Mercury In Solid Or Semisolid Waste (Manual Cold-
Vapor Technique), Revision 2, February 2007, in EPA Publication No. SW-
846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,
Third Edition, IBR approved for table 6 to subpart DDDDD of this part
and table 5 to subpart JJJJJJ of this part.
(7) SW-846-9250, Chloride (Colorimetric, Automated Ferricyanide
AAI), Revision 0, September 1986, in EPA Publication No. SW-846, Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third
[[Page 79]]
Edition, IBR approved for table 6 to subpart DDDDD of this part.
(q) The following material is available for purchase from the
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.
(1) ISO 6978-1:2003(E), Natural Gas--Determination of Mercury--Part
1: Sampling of Mercury by Chemisorption on Iodine, First edition,
October 15, 2003, IBR approved for table 6 to subpart DDDDD of this
part.
(2) ISO 6978-2:2003(E), Natural gas--Determination of Mercury--Part
2: Sampling of Mercury by Amalgamation on Gold/Platinum Alloy, First
edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD of
this part.
Sec. 63.15 Availability of information and confidentiality.
(a) Availability of information. (1) With the exception of
information protected through part 2 of this chapter, all reports,
records, and other information collected by the Administrator under this
part are available to the public. In addition, a copy of each permit
application, compliance plan (including the schedule of compliance),
notification of compliance status, excess emissions and continuous
monitoring systems performance report, and title V permit is available
to the public, consistent with protections recognized in section 503(e)
of the Act.
(2) The availability to the public of information provided to or
otherwise obtained by the Administrator under this part shall be
governed by part 2 of this chapter.
(b) Confidentiality. (1) If an owner or operator is required to
submit information entitled to protection from disclosure under section
114(c) of the Act, the owner or operator may submit such information
separately. The requirements of section 114(c) shall apply to such
information.
(2) The contents of a title V permit shall not be entitled to
protection under section 114(c) of the Act; however, information
submitted as part of an application for a title V permit may be entitled
to protection from disclosure.
Sec. 63.16 Performance Track Provisions.
(a) Notwithstanding any other requirements in this part, an affected
source at any major source or any area source at a Performance Track
member facility, which is subject to regular periodic reporting under
any subpart of this part, may submit such periodic reports at an
interval that is twice the length of the regular period specified in the
applicable subparts; provided, that for sources subject to permits under
40 CFR part 70 or 71 no interval so calculated for any report of the
results of any required monitoring may be less frequent than once in
every six months.
(b) Notwithstanding any other requirements in this part, the
modifications of reporting requirements in paragraph (c) of this section
apply to any major source at a Performance Track member facility which
is subject to requirements under any of the subparts of this part and
which has:
(1) Reduced its total HAP emissions to less than 25 tons per year;
(2) Reduced its emissions of each individual HAP to less than 10
tons per year; and
(3) Reduced emissions of all HAPs covered by each MACT standard to
at least the level required for full compliance with the applicable
emission standard.
(c) For affected sources at any area source at a Performance Track
member facility and which meet the requirements of paragraph (b)(3) of
this section, or for affected sources at any major source that meet the
requirements of paragraph (b) of this section:
(1) If the emission standard to which the affected source is subject
is based on add-on control technology, and the affected source complies
by using add-on control technology, then all required reporting elements
in the periodic report may be met through an annual certification that
the affected source is meeting the emission standard by continuing to
use that control technology. The affected source must continue to meet
all relevant monitoring and recordkeeping requirements. The compliance
certification must meet the requirements delineated in Clean Air Act
section 114(a)(3).
(2) If the emission standard to which the affected source is subject
is based on add-on control technology, and the
[[Page 80]]
affected source complies by using pollution prevention, then all
required reporting elements in the periodic report may be met through an
annual certification that the affected source is continuing to use
pollution prevention to reduce HAP emissions to levels at or below those
required by the applicable emission standard. The affected source must
maintain records of all calculations that demonstrate the level of HAP
emissions required by the emission standard as well as the level of HAP
emissions achieved by the affected source. The affected source must
continue to meet all relevant monitoring and recordkeeping requirements.
The compliance certification must meet the requirements delineated in
Clean Air Act section 114(a)(3).
(3) If the emission standard to which the affected source is subject
is based on pollution prevention, and the affected source complies by
using pollution prevention and reduces emissions by an additional 50
percent or greater than required by the applicable emission standard,
then all required reporting elements in the periodic report may be met
through an annual certification that the affected source is continuing
to use pollution prevention to reduce HAP emissions by an additional 50
percent or greater than required by the applicable emission standard.
The affected source must maintain records of all calculations that
demonstrate the level of HAP emissions required by the emission standard
as well as the level of HAP emissions achieved by the affected source.
The affected source must continue to meet all relevant monitoring and
recordkeeping requirements. The compliance certification must meet the
requirements delineated in Clean Air Act section 114(a)(3).
(4) Notwithstanding the provisions of paragraphs (c)(1) through (3),
of this section, for sources subject to permits under 40 CFR part 70 or
71, the results of any required monitoring and recordkeeping must be
reported not less frequently than once in every six months.
[69 FR 21753, Apr. 22, 2004]
Sec. Table 1 to Subpart A of Part 63--Detection Sensitivity Levels
(grams per hour)
------------------------------------------------------------------------
Detection
Monitoring frequency per subpart \a\ sensitivity
level
------------------------------------------------------------------------
Bi-Monthly.............................................. 60
Semi-Quarterly.......................................... 85
Monthly................................................. 100
------------------------------------------------------------------------
\a\ When this alternative work practice is used to identify leaking
equipment, the owner or operator must choose one of the monitoring
frequencies listed in this table, in lieu of the monitoring frequency
specified in the applicable subpart. Bi-monthly means every other
month. Semi-quarterly means twice per quarter. Monthly means once per
month.
[73 FR 78213, Dec. 22, 2008]
Subpart B_Requirements for Control Technology Determinations for Major
Sources in Accordance With Clean Air Act Sections, Sections 112(g) and
112(j)
Source: 59 FR 26449, May 20, 1994, unless otherwise noted.
Sec. 63.40 Applicability of Sec. Sec. 63.40 through 63.44.
(a) Applicability. The requirements of Sec. Sec. 63.40 through
63.44 of this subpart carry out section 112(g)(2)(B) of the 1990
Amendments.
(b) Overall requirements. The requirements of Sec. Sec. 63.40
through 63.44 of this subpart apply to any owner or operator who
constructs or reconstructs a major source of hazardous air pollutants
after the effective date of section 112(g)(2)(B) (as defined in Sec.
63.41) and the effective date of a title V permit program in the State
or local jurisdiction in which the major source is (or would be) located
unless the major source in question has been specifically regulated or
exempted from regulation under a standard issued pursuant to section
112(d), section 112(h), or section 112(j) and incorporated in another
subpart of part 63, or the owner or operator of such major source has
received all necessary air quality permits for such construction or
reconstruction project before the effective date of section
112(g)(2)(B).
(c) Exclusion for electric utility steam generating units. The
requirements of this subpart do not apply to electric utility steam
generating units unless and until such time as these units are
[[Page 81]]
added to the source category list pursuant to section 112(c)(5) of the
Act.
(d) Relationship to State and local requirements. Nothing in this
subpart shall prevent a State or local agency from imposing more
stringent requirements than those contained in this subpart.
(e) Exclusion for stationary sources in deleted source categories.
The requirements of this subpart do not apply to stationary sources that
are within a source category that has been deleted from the source
category list pursuant to section 112(c)(9) of the Act.
(f) Exclusion for research and development activities. The
requirements of this subpart do not apply to research and development
activities, as defined in Sec. 63.41.
[61 FR 68399, Dec. 27, 1996]
Sec. 63.41 Definitions.
Terms used in this subpart that are not defined in this section have
the meaning given to them in the Act and in subpart A.
Affected source means the stationary source or group of stationary
sources which, when fabricated (on site), erected, or installed meets
the definition of ``construct a major source'' or the definition of
``reconstruct a major source'' contained in this section.
Affected States are all States:
(1) Whose air quality may be affected and that are contiguous to the
State in which a MACT determination is made in accordance with this
subpart; or
(2) Whose air quality may be affected and that are within 50 miles
of the major source for which a MACT determination is made in accordance
with this subpart.
Available information means, for purposes of identifying control
technology options for the affected source, information contained in the
following information sources as of the date of approval of the MACT
determination by the permitting authority:
(1) A relevant proposed regulation, including all supporting
information;
(2) Background information documents for a draft or proposed
regulation;
(3) Data and information available for the Control Technology Center
developed pursuant to section 113 of the Act;
(4) Data and information contained in the Aerometric Informational
Retrieval System including information in the MACT data base;
(5) Any additional information that can be expeditiously provided by
the Administrator; and
(6) For the purpose of determinations by the permitting authority,
any additional information provided by the applicant or others, and any
additional information considered available by the permitting authority.
Construct a major source means:
(1) To fabricate, erect, or install at any greenfield site a
stationary source or group of stationary sources which is located within
a contiguous area and under common control and which emits or has the
potential to emit 10 tons per year of any HAP's or 25 tons per year of
any combination of HAP, or
(2) To fabricate, erect, or install at any developed site a new
process or production unit which in and of itself emits or has the
potential to emit 10 tons per year of any HAP or 25 tons per year of any
combination of HAP, unless the process or production unit satisfies
criteria in paragraphs (2) (i) through (vi) of this definition.
(i) All HAP emitted by the process or production unit that would
otherwise be controlled under the requirements of this subpart will be
controlled by emission control equipment which was previously installed
at the same site as the process or production unit;
(ii) (A) The permitting authority has determined within a period of
5 years prior to the fabrication, erection, or installation of the
process or production unit that the existing emission control equipment
represented best available control technology (BACT), lowest achievable
emission rate (LAER) under 40 CFR part 51 or 52, toxics--best available
control technology (T-BACT), or MACT based on State air toxic rules for
the category of pollutants which includes those HAP's to be emitted by
the process or production unit; or
(B) The permitting authority determines that the control of HAP
emissions provided by the existing equipment will be equivalent to that
level of control currently achieved by other
[[Page 82]]
well-controlled similar sources (i.e., equivalent to the level of
control that would be provided by a current BACT, LAER, T-BACT, or State
air toxic rule MACT determination);
(iii) The permitting authority determines that the percent control
efficiency for emissions of HAP from all sources to be controlled by the
existing control equipment will be equivalent to the percent control
efficiency provided by the control equipment prior to the inclusion of
the new process or production unit;
(iv) The permitting authority has provided notice and an opportunity
for public comment concerning its determination that criteria in
paragraphs (2)(i), (2)(ii), and (2)(iii) of this definition apply and
concerning the continued adequacy of any prior LAER, BATC, T-BACT, or
State air toxic rule MACT determination;
(v) If any commenter has asserted that a prior LAER, BACT, T-BACT,
or State air toxic rule MACT determination is no longer adequate, the
permitting authority has determined that the level of control required
by that prior determination remains adequate; and
(vi) Any emission limitations, work practice requirements, or other
terms and conditions upon which the above determinations by the
permitting authority are applicable requirements under section 504(a)
and either have been incorporated into any existing title V permit for
the affected facility or will be incorporated into such permit upon
issuance.
Control technology means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants through
process changes, substitution of materials or other modifications;
(1) Reduce the quantity of, or eliminate emissions of, such
pollutants through process changes, substitution of materials or other
modifications;
(2) Enclose systems or processes to eliminate emissions;
(3) Collect, capture or treat such pollutants when released from a
process, stack, storage or fugitive emissions point;
(4) Are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 U.S.C. 7412(h); or
(5) Are a combination of paragraphs (1) through (4) of this
definition.
Effective date of section 112(g)(2)(B) in a State or local
jurisdiction means the effective date specified by the permitting
authority at the time the permitting authority adopts a program to
implement section 112(g) with respect to construction or reconstruction
or major sources of HAP, or June 29, 1998 whichever is earlier.
Electric utility steam generating unit means any fossil fuel fired
combustion unit of more than 25 megawatts that serves a generator that
produces electricity for sale. A unit that co-generates steam and
electricity and supplies more than one-third of its potential electric
output capacity and more than 25 megawatts electric output to any
utility power distribution system for sale shall be considered an
electric utility steam generating unit.
Greenfield suite means a contiguous area under common control that
is an undeveloped site.
List of Source Categories means the Source Category List required by
section 112(c) of the Act.
Maximum achievable control technology (MACT) emission limitation for
new sources means the emission limitation which is not less stringent
that the emission limitation achieved in practice by the best controlled
similar source, and which reflects the maximum degree of deduction in
emissions that the permitting authority, taking into consideration the
cost of achieving such emission reduction, and any non-air quality
health and environmental impacts and energy requirements, determines is
achievable by the constructed or reconstructed major source.
Notice of MACT Approval means a document issued by a permitting
authority containing all federally enforceable conditions necessary to
enforce the application and operation of MACT or other control
technologies such that the MACT emission limitation is met.
Permitting authority means the permitting authority as defined in
part 70 or 71 of this chapter.
[[Page 83]]
Process or production unit means any collection of structures and/or
equipment, that processes assembles, applies, or otherwise uses material
inputs to produce or store an intermediate or final product. A single
facility may contain more than one process or production unit.
Reconstruct a major source means the replacement of components at an
existing process or production unit that in and of itself emits or has
that potential to emit 10 tons per year of any HAP or 25 tons per year
of any combination of HAP, whenever:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable process or production unit; and
(2) It is technically and economically feasible for the
reconstructed major source to meet the applicable maximum achievable
control technology emission limitation for new sources established under
this subpart.
Research and development activities means activities conducted at a
research or laboratory facility whose primary purpose is to conduct
research and development into new processes and products, where such
source is operated under the close supervision of technically trained
personnel and is not engaged in the manufacture of products for sale or
exchange for commercial profit, except in a de minimis manner.
Similar source means a stationary source or process that has
comparable emissions and is structurally similar in design and capacity
to a constructed or reconstructed major source such that the source
could be controlled using the same control technology.
[61 FR 68399, Dec. 27, 1996]
Sec. 63.42 Program requirements governing construction or
reconstruction of major sources.
(a) Adoption of program. Each permitting authority shall review its
existing programs, procedures, and criteria for preconstruction review
for conformity to the requirements established by Sec. Sec. 63.40
through 63.44, shall make any additions and revisions to its existing
programs, procedures, and criteria that the permitting authority deems
necessary to properly effectuate Sec. Sec. 63.40 through 63.44, and
shall adopt a program to implement section 112(g) with respect to
construction or reconstruction of major sources of HAP. As part of the
adoption by the permitting authority of a program to implement section
112(g) with respect to construction or reconstruction of major sources
of HAP, the chief executive officer of the permitting authority shall
certify that the program satisfies all applicable requirements
established by Sec. Sec. 63.40 through 63.44, and shall specify an
effective date for that program which is not later than June 29, 1998.
Prior to the specified effective date, the permitting authority shall
publish a notice stating that the permitting authority has adopted a
program to implement section 112(g) with respect to construction or
reconstruction of major sources of HAP and stating the effective date,
and shall provide a written description of the program to the
Administrator through the appropriate EPA Regional Office. Nothing in
this section shall be construed either:
(1) To require that any owner or operator of a stationary source
comply with any requirement adopted by the permitting authority which is
not intended to implement section 112(g) with respect to construction or
reconstruction of major sources of HAP; or
(2) To preclude the permitting authority from enforcing any
requirements not intended to implement section 112(g) with respect to
construction or reconstruction of major sources of HAP under any other
provision of applicable law.
(b) Failure to adopt program. In the event that the permitting
authority fails to adopt a program to implement section 112(g) with
respect to construction or reconstruction of major sources of HAP with
an effective date on or before June 29, 1998, and the permitting
authority concludes that it is able to make case-by-case MACT
determinations which conform to the provisions of Sec. 63.43 in the
absence of such a program, the permitting authority may elect to make
such determinations. However, in those instances where the permitting
authority elects to make case-by-case MACT determinations in the absence
of a program to implement
[[Page 84]]
section 112(g) with respect to construction or reconstruction of major
sources of HAP, no such case-by-case MACT determination shall take
effect until after it has been submitted by the permitting authority in
writing to the appropriate EPA Regional Adminstrator and the EPA
Regional Administrator has concurred in writing that the case-by-case
MACT determination by the permitting authority is in conformity with all
requirements established by Sec. Sec. 63.40 through 63.44. In the event
that the permitting authority fails to adopt a program to implement
section 112(g) with respect to construction or reconstruction of major
sources of HAP with an effective date on or before June 29, 1998, and
the permitting authority concludes that it is unable to make case-by-
case MACT determinations in the absence of such a program, the
permitting authority may request that the EPA Regional Administrator
implement a transitional program to implement section 112(g) with
respect to construction or reconstruction of major sources of HAP in the
affected State of local jurisdiction while the permitting authority
completes development and adoption of a section 112(g) program. Any such
transitional section 112(g) program implemented by the EPA Regional
Administrator shall conform to all requirements established by
Sec. Sec. 63.40 through 63.44, and shall remain in effect for no more
than 30 months. Continued failure by the permitting authority to adopt a
program to implement section 112(g) with respect to construction or
reconstruction of major sources of HAP shall be construed as a failure
by the permitting authority to adequately administer and enforce its
title V permitting program and shall constitute cause by EPA to apply
the sanctions and remedies set forth in the Clean Air Act section
502(I).
(c) Prohibition. After the effective date of section 112(g)(2)(B)
(as defined in Sec. 63.41) in a State or local jurisdiction and the
effective date of the title V permit program applicable to that State or
local jurisdiction, no person may begin actual construction or
reconstruction of a major source of HAP in such State or local
jurisdiction unless:
(1) The major source in question has been specifically regulated or
exempted from regulation under a standard issued pursuant to section
112(d), section 112(h) or section 112(j) in part 63, and the owner and
operator has fully complied with all procedures and requirements for
preconstruction review established by that standard, including any
applicable requirements set forth in subpart A of this part 63; or
(2) The permitting authority has made a final and effective case-by-
case determination pursuant to the provisions of Sec. 63.43 such that
emissions from the constructed or reconstructed major source will be
controlled to a level no less stringent than the maximum achievable
control technology emission limitation for new sources.
[61 FR 68400, Dec. 27, 1996, as amended at 64 FR 35032, June 30, 1999]
Sec. 63.43 Maximum achievable control technology (MACT) determinations
for constructed and reconstructed major sources.
(a) Applicability. The requirements of this section apply to an
owner or operator who constructs or reconstructs a major source of HAP
subject to a case-by-case determination of maximum achievable control
technology pursuant to Sec. 63.42(c).
(b) Requirements for constructed and reconstructed major sources.
When a case-by-case determination of MACT is required by Sec. 63.42(c),
the owner and operator shall obtain from the permitting authority an
approved MACT determination according to one of the review options
contained in paragraph (c) of this section.
(c) Review options. (1) When the permitting authority requires the
owner or operator to obtain, or revise, a permit issued pursuant to
title V of the Act before construction or reconstruction of the major
source, or when the permitting authority allows the owner or operator at
its discretion to obtain or revise such a permit before construction or
reconstruction, and the owner or operator elects that option, the owner
or operator shall follow the administrative procedures in the program
approved under title V of the Act
[[Page 85]]
(or in other regulations issued pursuant to title V of the Act, where
applicable).
(2) When an owner or operator is not required to obtain or revise a
title V permit (or other permit issued pursuant to title V of the Act)
before construction or reconstruction, the owner or operator (unless the
owner or operator voluntarily follows the process to obtain a title V
permit) shall either, at the discretion of the permitting authority:
(i) Apply for and obtain a Notice of MACT Approval according to the
procedures outlined in paragraphs (f) through (h) of this section; or
(ii) Apply for a MACT determination under any other administrative
procedures for preconstruction review and approval established by the
permitting authority for a State or local jurisdiction which provide for
public participation in the determination, and ensure that no person may
begin actual construction or reconstruction of a major source in that
State or local jurisdiction unless the permitting authority determines
that the MACT emission limitation for new sources will be met.
(3) When applying for a permit pursuant to title V of the Act, an
owner or operator may request approval of case-by-case MACT
determinations for alternative operating scenarios. Approval of such
determinations satisfies the requirements of section 112(g) of each such
scenario.
(4) Regardless of the review process, the MACT emission limitation
and requirements established shall be effective as required by paragraph
(j) of this section, consistent with the principles established in
paragraph (d) of this section, and supported by the information listed
in paragraph (e) of this section. The owner or operator shall comply
with the requirements in paragraphs (k) and (l) of this section, and
with all applicable requirements in subpart A of this part.
(d) Principles of MACT determinations. The following general
principles shall govern preparation by the owner or operator of each
permit application or other application requiring a case-by-case MACT
determination concerning construction or reconstruction of a major
source, and all subsequent review of and actions taken concerning such
an application by the permitting authority:
(1) The MACT emission limitation or MACT requirements recommended by
the applicant and approved by the permitting authority shall not be less
stringent than the emission control which is achieved in practice by the
best controlled similar source, as determined by the permitting
authority.
(2) Based upon available information, as defined in this subpart,
the MACT emission limitation and control technology (including any
requirements under paragraph (d)(3) of this section) recommended by the
applicant and approved by the permitting authority shall achieve the
maximum degree of reduction in emissions of HAP which can be achieved by
utilizing those control technologies that can be identified from the
available information, taking into consideration the costs of achieving
such emission reduction and any non-air quality health and environmental
impacts and energy requirements associated with the emission reduction.
(3) The applicant may recommend a specific design, equipment, work
practice, or operational standard, or a combination thereof, and the
permitting authority may approve such a standard if the permitting
authority specifically determines that it is not feasible to prescribe
or enforce an emission limitation under the criteria set forth in
section 112(h)(2) of the Act.
(4) If the Administrator has either proposed a relevant emission
standard pursuant to section 112(d) or section 112(h) of the Act or
adopted a presumptive MACT determination for the source category which
includes the constructed or reconstructed major source, then the MACT
requirements applied to the constructed or reconstructed major source
shall have considered those MACT emission limitations and requirements
of the proposed standard or presumptive MACT determination.
(e) Application requirements for a case-by-case MACT determination.
(1) An application for a MACT determination (whether a permit
application under title V of the Act, an application for a Notice of
MACT Approval, or other
[[Page 86]]
document specified by the permitting authority under paragraph
(c)(2)(ii) of this section) shall specify a control technology selected
by the owner or operator that, if properly operated and maintained, will
meet the MACT emission limitation or standard as determined according to
the principles set forth in paragraph (d) of this section.
(2) In each instance where a constructed or reconstructed major
source would require additional control technology or a change in
control technology, the application for a MACT determination shall
contain the following information:
(i) The name and address (physical location) of the major source to
be constructed or reconstructed;
(ii) A brief description of the major source to be constructed or
reconstructed and identification of any listed source category or
categories in which it is included;
(iii) The expected commencement date for the construction or
reconstruction of the major source;
(iv) The expected completion date for construction or reconstruction
of the major source;
(v) the anticipated date of start-up for the constructed or
reconstructed major source;
(vi) The HAP emitted by the constructed or reconstructed major
source, and the estimated emission rate for each such HAP, to the extent
this information is needed by the permitting authority to determine
MACT;
(vii) Any federally enforceable emission limitations applicable to
the constructed or reconstructed major source;
(viii) The maximum and expected utilization of capacity of the
constructed or reconstructed major source, and the associated
uncontrolled emission rates for that source, to the extent this
information is needed by the permitting authority to determine MACT;
(ix) The controlled emissions for the constructed or reconstructed
major source in tons/yr at expected and maximum utilization of capacity,
to the extent this information is needed by the permitting authority to
determine MACT;
(x) A recommended emission limitation for the constructed or
reconstructed major source consistent with the principles set forth in
paragraph (d) of this section;
(xi) The selected control technology to meet the recommended MACT
emission limitation, including technical information on the design,
operation, size, estimated control efficiency of the control technology
(and the manufacturer's name, address, telephone number, and relevant
specifications and drawings, if requested by the permitting authority);
(xii) Supporting documentation including identification of
alternative control technologies considered by the applicant to meet the
emission limitation, and analysis of cost and non-air quality health
environmental impacts or energy requirements for the selected control
technology; and
(xiii) Any other relevant information required pursuant to subpart
A.
(3) In each instance where the owner or operator contends that a
constructed or reconstructed major source will be in compliance, upon
startup, with case-by-case MACT under this subpart without a change in
control technology, the application for a MACT determination shall
contain the following information:
(i) The information described in paragraphs (e)(2)(i) through
(e)(2)(x) of this section; and
(ii) Documentation of the control technology in place.
(f) Administrative procedures for review of the Notice of MACT
Approval. (1) The permitting authority will notify the owner or operator
in writing, within 45 days from the date the application is first
received, as to whether the application for a MACT determination is
complete or whether additional information is required.
(2) The permitting authority will initially approve the recommended
MACT emission limitation and other terms set forth in the application,
or the permitting authority will notify the owner or operator in writing
of its intent to disapprove the application, within 30 calendar days
after the owner or operator is notified in writing that the application
is complete.
[[Page 87]]
(3) The owner or operator may present, in writing, within 60
calendar days after receipt of notice of the permitting authority's
intent to disapprove the application, additional information or
arguments pertaining to, or amendments to, the application for
consideration by the permitting authority before it decides whether to
finally disapprove the application.
(4) The permitting authority will either initially approve or issue
a final disapproval of the application within 90 days after it notifies
the owner or operator of an intent to disapprove or within 30 days after
the date additional information is received from the owner or operator;
whichever is earlier.
(5) A final determination by the permitting authority to disapprove
any application will be in writing and will specify the grounds on which
the disapproval is based. If any application is finally disapproved, the
owner or operator may submit a subsequent application concerning
construction or reconstruction of the same major source, provided that
the subsequent application has been amended in response to the stated
grounds for the prior disapproval.
(6) An initial decision to approve an application for a MACT
determination will be set forth in the Notice of MACT Approval as
described in paragraph (g) of this section.
(g) Notice of MACT Approval. (1) The Notice of MACT Approval will
contain a MACT emission limitation (or a MACT work practice standard if
the permitting authority determines it is not feasible to prescribe or
enforce an emission standard) to control the emissions of HAP. The MACT
emission limitation or standard will be determined by the permitting
authority and will conform to the principles set forth in paragraph (d)
of this section.
(2) The Notice of MACT Approval will specify any notification,
operation and maintenance, performance testing, monitoring, reporting
and record keeping requirements. The Notice of MACT Approval shall
include:
(i) In addition to the MACT emission limitation or MACT work
practice standard established under this subpart, additional emission
limits, production limits, operational limits or other terms and
conditions necessary to ensure Federal enforceability of the MACT
emission limitation;
(ii) Compliance certifications, testing, monitoring, reporting and
record keeping requirements that are consistent with the requirements of
Sec. 70.6(c) of this chapter;
(iii) In accordance with section 114(a)(3) of the Act, monitoring
shall be capable of demonstrating continuous compliance during the
applicable reporting period. Such monitoring data shall be of sufficient
quality to be used as a basis for enforcing all applicable requirements
established under this subpart, including emission limitations;
(iv) A statement requiring the owner or operator to comply with all
applicable requirements contained in subpart A of this part;
(3) All provisions contained in the Notice of MACT Approval shall be
federally enforceable upon the effective date of issuance of such
notice, as provided by paragraph (j) of this section.
(4) The Notice of MACT Approval shall expire if construction or
reconstruction has not commenced within 18 months of issuance, unless
the permitting authority has granted an extension which shall not exceed
an additional 12 months.
(h) Opportunity for public comment on the Notice of MACT Approval.
(1) The permitting authority will provide opportunity for public comment
on the Notice of MACT Approval, including, at a minimum:
(i) Availability for public inspection in at least one location in
the area affected of the information submitted by the owner or operator
and of the permitting authority's initial decision to approve the
application;
(ii) A 30-day period for submittal of public comment; and
(iii) A notice by prominent advertisement in the area affected of
the location of the source information and initial decision specified in
paragraph (h)(1)(i) of this section.
(2) At the discretion of the permitting authority, the Notice of
MACT Approval setting forth the initial decision to approve the
application may become final automatically at the end of
[[Page 88]]
the comment period if no adverse comments are received. If adverse
comments are received, the permitting authority shall have 30 days after
the end of the comment period to make any necessary revisions in its
analysis and decide whether to finally approve the application.
(i) EPA notification. The permitting authority shall send a copy of
the final Notice of MACT Approval, notice of approval of a title V
permit application incorporating a MACT determination (in those
instances where the owner or operator either is required or elects to
obtain such a permit before construction or reconstruction), or other
notice of approval issued pursuant to paragraph (c)(2)(ii) of this
section to the Administrator through the appropriate Regional Office,
and to all other State and local air pollution control agencies having
jurisdiction in affected States.
(j) Effective date. The effective date of a MACT determination shall
be the date the Notice of MACT Approval becomes final, the date of
issuance of a title V permit incorporating a MACT determination (in
those instances where the owner or operator either is required or elects
to obtain such a permit before construction or reconstruction), or the
date any other notice of approval issued pursuant to paragraph
(c)(2)(ii) of this section becomes final.
(k) Compliance date. On and after the date of start-up, a
constructed or reconstructed major source which is subject to the
requirements of this subpart shall be in compliance with all applicable
requirements specified in the MACT determination.
(l) Compliance with MACT determinations. (1) An owner or operator of
a constructed or reconstructed major source that is subject to a MACT
determination shall comply with all requirements in the final Notice of
MACT Approval, the title V permit (in those instances where the owner or
operator either is required or elects to obtain such a permit before
construction or reconstruction), or any other final notice of approval
issued pursuant to paragraph (c)(2)(ii) of this section, including but
not limited to any MACT emission limitation or MACT work practice
standard, and any notification, operation and maintenance, performance
testing, monitoring, reporting, and recordkeeping requirements.
(2) An owner or operator of a constructed or reconstructed major
source which has obtained a MACT determination shall be deemed to be in
compliance with section 112(g)(2)(B) of the Act only to the extent that
the constructed or reconstructed major source is in compliance with all
requirements set forth in the final Notice of MACT Approval, the title V
permit (in those instances where the owner or operator either is
required or elects to obtain such a permit before construction or
reconstruction), or any other final notice of approval issued pursuant
to paragraph (c)(2)(ii) of this section. Any violation of such
requirements by the owner or operator shall be deemed by the permitting
authority and by EPA to be a violation of the prohibition on
construction or reconstruction in section 112(g)(2)(B) for whatever
period the owner or operator is determined to be in violation of such
requirements, and shall subject the owner or operator to appropriate
enforcement action under the Act.
(m) Reporting to the Administrator. Within 60 days of the issuance
of a final Notice of MACT Approval, a title V permit incorporating a
MACT determination (in those instances where the owner or operator
either is required or elects to obtain such a permit before construction
or reconstruction), or any other final notice of approval issued
pursuant to paragraph (c)(2)(ii) of this section, the permitting
authority shall provide a copy of such notice to the Administrator, and
shall provide a summary in a compatible electronic format for inclusion
in the MACT data base.
[20 FR 68401, Dec. 27, 1996]
Sec. 63.44 Requirements for constructed or reconstructed major sources
subject to a subsequently promulgated MACT standard or MACT requirement.
(a) If the Administrator promulgates an emission standard under
section 112(d) or section 112(h) of the Act or the permitting authority
issues a determination under section 112(j) of the Act that is
applicable to a stationary source or group of sources which would
[[Page 89]]
be deemed to be a constructed or reconstructed major source under this
subpart before the date that the owner or operator has obtained a final
and legally effective MACT determination under any of the review options
available pursuant to Sec. 63.43, the owner or operator of the
source(s) shall comply with the promulgated standard or determination
rather than any MACT determination under section 112(g) by the
permitting authority, and the owner or operator shall comply with the
promulgated standard by the compliance date in the promulgated standard.
(b) If the Administrator promulgates an emission standard under
section 112(d) or section 112(h) of the Act or the permitting authority
makes a determination under section 112(j) of the Act that is applicable
to a stationary source or group of sources which was deemed to be a
constructed or reconstructed major source under this subpart and has
been subject to a prior case-by-case MACT determination pursuant to
Sec. 63.43, and the owner and operator obtained a final and legally
effective case-by-case MACT determination prior to the promulgation date
of such emission standard, then the permitting authority shall (if the
initial title V permit has not yet been issued) issue an initial
operating permit which incorporates the emission standard or
determination, or shall (if the initial title V permit has been issued)
revise the operating permit according to the reopening procedures in 40
CFR part 70 or part 71, whichever is relevant, to incorporate the
emission standard or determination.
(1) The EPA may include in the emission standard established under
section 112(d) or section 112(h) of the Act a specific compliance date
for those sources which have obtained a final and legally effective MACT
determination under this subpart and which have submitted the
information required by Sec. 63.43 to the EPA before the close of the
public comment period for the standard established under section 112(d)
of the Act. Such date shall assure that the owner or operator shall
comply with the promulgated standard as expeditiously as practicable,
but not longer than 8 years after such standard is promulgated. In that
event, the permitting authority shall incorporate the applicable
compliance date in the title V operating permit.
(2) If no compliance date has been established in the promulgated
112(d) or 112(h) standard or section 112(j) determination, for those
sources which have obtained a final and legally effective MACT
determination under this subpart, then the permitting authority shall
establish a compliance date in the permit that assures that the owner or
operator shall comply with the promulgated standard or determination as
expeditiously as practicable, but not longer than 8 years after such
standard is promulgated or a section 112(j) determination is made.
(c) Notwithstanding the requirements of paragraphs (a) and (b) of
this section, if the Administrator promulgates an emission standard
under section 112(d) or section 112(h) of the Act or the permitting
authority issues a determination under section 112(j) of the Act that is
applicable to a stationary source or group of sources which was deemed
to be a constructed or reconstructed major source under this subpart and
which is the subject of a prior case-by-case MACT determination pursuant
to Sec. 63.43, and the level of control required by the emission
standard issued under section 112(d) or section 112(h) or the
determination issued under section 112(j) is less stringent than the
level of control required by any emission limitation or standard in the
prior MACT determination, the permitting authority is not required to
incorporate any less stringent terms of the promulgated standard in the
title V operating permit applicable to such source(s) and may in its
discretion consider any more stringent provisions of the prior MACT
determination to be applicable legal requirements when issuing or
revising such an operating permit.
[61 FR 68404, Dec. 27, 1996]
Sec. Sec. 63.45-63.49 [Reserved]
Sec. 63.50 Applicability.
(a) General applicability. (1) The requirements of this section
through Sec. 63.56 implement section 112(j) of the Clean Air Act (as
amended in 1990). The requirements of this section through
[[Page 90]]
Sec. 63.56 apply in each State beginning on the effective date of an
approved title V permit program in such State. The requirements of this
section through Sec. 63.56 do not apply to research or laboratory
activities as defined in Sec. 63.51.
(2) The requirements of this section through Sec. 63.56 apply to:
(i) The owner or operator of affected sources within a source
category or subcategory under this part that are located at a major
source that is subject to an approved title V permit program and for
which the Administrator has failed to promulgate emission standards by
the section 112(j) deadlines. If title V applicability has been deferred
for a source category, then section 112(j) is not applicable for sources
in that category within that State, local or tribal jurisdiction until
those sources become subject to title V permitting requirements; and
(ii) Permitting authorities with an approved title V permit program.
(b) Relationship to State and local requirements. Nothing in
Sec. Sec. 63.50 through 63.56 shall prevent a State or local regulatory
agency from imposing more stringent requirements, as a matter of State
or local law, than those contained in Sec. Sec. 63.50 through 63.56.
(c) The procedures in Sec. Sec. 63.50 through 63.56 apply for each
affected source only after the section 112(j) deadline for the source
category or subcategory in question has passed, and only until such time
as a generally applicable Federal standard governing that source has
been promulgated under section 112(d) or 112(h) of the Act. Once a
generally applicable Federal standard governing that source has been
promulgated, the owner or operator of the affected source and the
permitting authority are not required to take any further actions to
develop an equivalent emission limitation under section 112(j) of the
Act.
(d) Any final equivalent emission limitation for an affected source
which is issued by the permitting authority pursuant to Sec. Sec. 63.50
through 63.56 prior to promulgation of a generally applicable Federal
standard governing that source under section 112(d) or 112(h) of the Act
shall be deemed an applicable Federal requirement adopted pursuant to
section 112(j) of the Act. Each such equivalent emission limitation
shall take effect upon issuance of the permit containing that limitation
under section 112(j)(5) of the Act, and shall remain applicable to the
source until such time as it may be revised or supplanted pursuant to
the procedures established by Sec. Sec. 63.50 through 63.56. Such a
final equivalent emission limitation, and all associated requirements
adopted pursuant to Sec. 63.52(f)(2), are directly enforceable under
Federal law regardless of whether or not any permit in which they may be
contained remains in effect.
[59 FR 26449, May 20, 1994, as amended at 67 FR 16605, Apr. 5, 2002; 68
FR 32601, May 30, 2003]
Sec. 63.51 Definitions.
Terms used in Sec. Sec. 63.50 through 63.56 that are not defined in
this section have the meaning given to them in the Act, or in subpart A
of this part.
Affected source means the collection of equipment, activities, or
both within a single contiguous area and under common control that is in
a section 112(c) source category or subcategory for which the
Administrator has failed to promulgate an emission standard by the
section 112(j) deadline, and that is addressed by an applicable MACT
emission limitation established pursuant to this subpart.
Available information means, for purposes of conducting a MACT floor
finding and identifying control technology options under this subpart,
any information that is available as of the date on which the first Part
2 MACT application is filed for a source in the relevant source category
or subcategory in the State or jurisdiction; and, pursuant to the
requirements of this subpart, is additional relevant information that
can be expeditiously provided by the Administrator, is submitted by the
applicant or others prior to or during the public comment period on the
section 112(j) equivalent emission limitation for that source, or
information contained in the information sources in paragraphs (1)
through (5) of this definition.
(1) A relevant proposed regulation, including all supporting
information;
[[Page 91]]
(2) Relevant background information documents for a draft or
proposed regulation.
(3) Any relevant regulation, information or guidance collected by
the Administrator establishing a MACT floor finding and/or MACT
determination.
(4) Relevant data and information available from the Clean Air
Technology Center developed pursuant to section 112(l)(3) of the Act.
(5) Relevant data and information contained in the Aerometric
Information Retrieval System (AIRS).
(6) Any additional information that can be expeditiously provided by
the Administrator, and
(7) Any information provided by applicants in an application for a
permit, permit modification, administrative amendment, or Notice of MACT
Approval pursuant to the requirements of this subpart.
(8) Any additional relevant information provided by the applicant.
Control technology means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants including,
but not limited to, measures which:
(1) Reduce the quantity, or eliminate emissions, of such pollutants
through process changes, substitution of materials or other
modifications;
(2) Enclose systems or processes to eliminate emissions;
(3) Collect, capture, or treat such pollutants when released from a
process, stack, storage or fugitive emissions point;
(4) Are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 U.S.C. 7412(h); or
(5) Are a combination of paragraphs (1) through (4) of this
definition.
Enhanced review means a review process containing all administrative
steps needed to ensure that the terms and conditions resulting from the
review process can be incorporated using title V permitting procedures.
Equivalent emission limitation means an emission limitation,
established under section 112(j) of the Act, which is equivalent to the
MACT standard that EPA would have promulgated under section 112(d) or
(h) of the Act.
Maximum achievable control technology (MACT) emission limitation for
existing sources means the emission limitation reflecting the maximum
degree of reduction in emissions of hazardous air pollutants (including
a prohibition on such emissions, where achievable) that the
Administrator, taking into consideration the cost of achieving such
emission reductions, and any non-air quality health and environmental
impacts and energy requirements, determines is achievable by sources in
the category or subcategory to which such emission standard applies.
This limitation shall not be less stringent than the MACT floor.
Maximum achievable control technology (MACT) emission limitation for
new sources means the emission limitation which is not less stringent
than the emission limitation achieved in practice by the best controlled
similar source, and which reflects the maximum degree of reduction in
emissions of hazardous air pollutants (including a prohibition on such
emissions, where achievable) that the Administrator, taking into
consideration the cost of achieving such emission reduction, and any
non-air quality health and environmental impacts and energy
requirements, determines is achievable by sources in the category or
subcategory to which such emission standard applies.
Maximum Achievable Control Technology (MACT) floor means:
(1) For existing sources:
(i) The average emission limitation achieved by the best performing
12 percent of the existing sources in the United States (for which the
Administrator has emissions information), excluding those sources that
have, within 18 months before the emission standard is proposed or
within 30 months before such standard is promulgated, whichever is
later, first achieved a level of emission rate or emission reduction
which complies, or would comply if the source is not subject to such
standard, with the lowest achievable emission rate (as defined in
section 171 of the Act) applicable to the source category and prevailing
at the time, in the category or subcategory, for categories and
subcategories of stationary sources with 30 or more sources; or
[[Page 92]]
(ii) The average emission limitation achieved by the best performing
five sources (for which the Administrator has or could reasonably obtain
emissions information) in the category or subcategory, for categories or
subcategories with fewer than 30 sources;
(2) For new sources, the emission limitation achieved in practice by
the best controlled similar source.
New affected source means the collection of equipment, activities,
or both, that if constructed after the issuance of a section 112(j)
permit for the source pursuant to Sec. 63.52, is subject to the
applicable MACT emission limitation for new sources. Each permit must
define the term ``new affected source,'' which will be the same as the
``affected source'' unless a different collection is warranted based on
consideration of factors including:
(1) Emission reduction impacts of controlling individual sources
versus groups of sources;
(2) Cost effectiveness of controlling individual equipment;
(3) Flexibility to accommodate common control strategies;
(4) Cost/benefits of emissions averaging;
(5) Incentives for pollution prevention;
(6) Feasibility and cost of controlling processes that share common
equipment (e.g., product recovery devices);
(7) Feasibility and cost of monitoring; and
(8) Other relevant factors.
Permitting authority means the permitting authority as defined in
part 70 of this chapter.
Research or laboratory activities means activities whose primary
purpose is to conduct research and development into new processes and
products where such activities are operated under the close supervision
of technically trained personnel and are not engaged in the manufacture
of products for commercial sale in commerce, except in a de minimis
manner; and where the source is not in a source category, specifically
addressing research or laboratory activities, that is listed pursuant to
section 112(c)(7) of the Act.
Section 112(j) deadline means the date 18 months after the date for
which a relevant standard is scheduled to be promulgated under this
part, except that for all major sources listed in the source category
schedule for which a relevant standard is scheduled to be promulgated by
November 15, 1994, the section 112(j) deadline is November 15, 1996, and
for all major sources listed in the source category schedule for which a
relevant standard is scheduled to be promulgated by November 15, 1997,
the section 112(j) deadline is December 15, 1999.
Similar source means that equipment or collection of equipment that,
by virtue of its structure, operability, type of emissions and volume
and concentration of emissions, is substantially equivalent to the new
affected source and employs control technology for control of emissions
of hazardous air pollutants that is practical for use on the new
affected source.
Source category schedule for standards means the schedule for
promulgating MACT standards issued pursuant to section 112(e) of the
Act.
[59 FR 26449, May 20, 1994, as amended at 61 FR 21372, May 10, 1996; 64
FR 26314, May 14, 1999; 67 FR 16605, Apr. 5, 2002]
Sec. 63.52 Approval process for new and existing affected sources.
(a) Sources subject to section 112(j) as of the section 112(j)
deadline. The requirements of paragraphs (a)(1) and (2) of this section
apply to major sources that include, as of the section 112(j) deadline,
one or more sources in a category or subcategory for which the
Administrator has failed to promulgate an emission standard under this
part on or before an applicable section 112(j) deadline. Existing source
MACT requirements (including relevant compliance deadlines), as
specified in a title V permit issued to the source pursuant to the
requirements of the subpart, must apply to such sources.
(1) The owner or operator must submit an application for a title V
permit or for a revision to an existing title V permit or a pending
title V permit meeting the requirements of Sec. 63.53(a) by the section
112(j) deadline if the owner or operator can reasonably determine that
one or more sources at the major source belong in the category or
subcategory subject to section 112(j).
[[Page 93]]
(2) If an application was not submitted under paragraph (a)(1) of
this section and if notified by the permitting authority, the owner or
operator must submit an application for a title V permit or for a
revision to an existing title V permit or a pending title V permit
meeting the requirements of Sec. 63.53(a) within 30 days after being
notified in writing by the permitting authority that one or more sources
at the major source belong to such category or subcategory. Permitting
authorities are not required to make such notification.
(3) The requirements in paragraphs (a)(3)(i) through (ii) of this
section apply when the owner or operator has obtained a title V permit
that incorporates a case-by-case MACT determination by the permitting
authority under section 112(g) or has submitted a title V permit
application for a revision that incorporates a case-by-case MACT
determination under section 112(g), but has not submitted an application
for a title V permit revision that addresses the emission limitation
requirements of section 112(j).
(i) When the owner or operator has a title V permit that
incorporates a case-by-case MACT determination by the permitting
authority under section 112(g), the owner or operator must submit an
application meeting the requirements of Sec. 63.53(a) for a title V
permit revision within 30 days of the section 112(j) deadline or within
30 days of being notified in writing by the permitting authority that
one or more sources at the major source belong in such category or
subcategory. Using the procedures established in paragraph (e) of this
section, the permitting authority must determine whether the emission
limitations adopted pursuant to the prior case-by-case MACT
determination under section 112(g) are substantially as effective as the
emission limitations which the permitting authority would otherwise
adopt pursuant to section 112(j) for the source in question. If the
permitting authority determines that the emission limitations previously
adopted to effectuate section 112(g) are substantially as effective as
the emission limitations which the permitting authority would otherwise
adopt to effectuate section 112(j) for the source, then the permitting
authority must retain the existing emission limitations in the permit as
the emission limitations to effectuate section 112(j). The title V
permit applicable to that source must be revised accordingly. If the
permitting authority does not retain the existing emission limitations
in the permit as the emission limitations to effectuate section 112(j),
the MACT requirements of this subpart are satisfied upon issuance of a
revised title V permit incorporating any additional section 112(j)
requirements.
(ii) When the owner or operator has submitted a title V permit
application that incorporates a case-by-case MACT determination by the
permitting authority under section 112(g), but has not received the
permit incorporating the section 112(g) requirements, the owner or
operator must continue to pursue a title V permit that addresses the
emission limitation requirements of section 112(g). Within 30 days of
issuance of that title V permit, the owner or operator must submit an
application meeting the requirements of Sec. 63.53(a) for a change to
the existing title V permit. Using the procedures established in
paragraph (e) of this section, the permitting authority must determine
whether the emission limitations adopted pursuant to the prior case-by-
case MACT determination under section 112(g) are substantially as
effective as the emission limitations which the permitting authority
would otherwise adopt pursuant to section 112(j) for the source in
question. If the permitting authority determines that the emission
limitations previously adopted to effectuate section 112(g) are
substantially as effective as the emission limitations which the
permitting authority would otherwise adopt to effectuate section 112(j)
for the source, then the permitting authority must retain the existing
emission limitations in the permit as the emission limitations to
effectuate section 112(j). The title V permit applicable to that source
must be revised accordingly. If the permitting authority does not retain
the existing emission limitations in the permit as the emission
limitations to effectuate section 112(j), the MACT requirements of this
subpart are satisfied
[[Page 94]]
upon issuance of a revised title V permit incorporating any additional
section 112(j) requirements.
(b) Sources that become subject to section 112(j) after the section
112(j) deadline and that do not have a title V permit addressing section
112(j) requirements. The requirements of paragraphs (b)(1) through (4)
of this section apply to sources that do not meet the criteria in
paragraph (a) of this section on the section 112(j) deadline and are,
therefore, not subject to section 112(j) on that date, but where events
occur subsequent to the section 112(j) deadline that would bring the
source under the requirements of this subpart, and the source does not
have a title V permit that addresses the requirements of section 112(j).
(1) When one or more sources in a category or subcategory subject to
the requirements of this subpart are installed at a major source, or
result in the source becoming a major source due to the installation,
and the installation does not invoke section 112(g) requirements, the
owner or operator must submit an application meeting the requirements of
Sec. 63.53(a) within 30 days of startup of the source. This application
shall be reviewed using the procedures established in paragraph (e) of
this section. Existing source MACT requirements (including relevant
compliance deadlines), as specified in a title V permit issued pursuant
to the requirements of this subpart, shall apply to such sources.
(2) The requirements in this paragraph apply when one or more
sources in a category or subcategory subject to this subpart are
installed at a major source, or result in the source becoming a major
source due to the installation, and the installation does require
emission limitations to be established and permitted under section
112(g), and the owner or operator has not submitted an application for a
title V permit revision that addresses the emission limitation
requirements of section 112(j). In this case, the owner or operator must
apply for and obtain a title V permit that addresses the emission
limitation requirements of section 112(g). Within 30 days of issuance of
that title V permit, the owner or operator must submit an application
meeting the requirements of Sec. 63.53(a) for a revision to the
existing title V permit. Using the procedures established in paragraph
(e) of this section, the permitting authority must determine whether the
emission limitations adopted pursuant to the prior case-by-case MACT
determination under section 112(g) are substantially as effective as the
emission limitations which the permitting authority would otherwise
adopt pursuant to section 112(j) for the source in question. If the
permitting authority determines that the emission limitations previously
adopted to effectuate section 112(g) are substantially as effective as
the emission limitations which the permitting authority would otherwise
adopt to effectuate section 112(j) for the source, then the permitting
authority must retain the existing emission limitations in the permit as
the emission limitations to effectuate section 112(j). The title V
permit applicable to that source must be revised accordingly. If the
permitting authority does not retain the existing emission limitations
in the permit as the emission limitations to effectuate section 112(j),
the MACT requirements of this subpart are satisfied upon issuance of a
revised title V permit incorporating any additional section 112(j)
requirements.
(3) The owner or operator of an area source that, due to a
relaxation in any federally enforceable emission limitation (such as a
restriction on hours of operation), increases its potential to emit
hazardous air pollutants such that the source becomes a major source
that is subject to this subpart, must submit an application meeting the
requirements of Sec. 63.53(a) for a title V permit or for an
application for a title V permit revision within 30 days after the date
that such source becomes a major source. This application must be
reviewed using the procedures established in paragraph (e) of this
section. Existing source MACT requirements (including relevant
compliance deadlines), as specified in a title V permit issued pursuant
to the requirements of this subpart, must apply to such sources.
(4) On or after April 5, 2002, if the Administrator establishes a
lesser quantity emission rate under section
[[Page 95]]
112(a)(1) of the Act that results in an area source becoming a major
source that is subject to this subpart, then the owner or operator of
such a major source must submit an application meeting the requirements
of Sec. 63.53(a) for a title V permit or for a change to an existing
title V permit or pending title V permit on or before the date 6 months
after the date that such source becomes a major source. Existing source
MACT requirements (including relevant compliance deadlines), as
specified in a title V permit issued pursuant to the requirements of
this subpart, shall apply to such sources.
(c) Sources that have a title V permit addressing section 112(j)
requirements. The requirements of paragraphs (c)(1) and (2) of this
section apply to major sources that include one or more sources in a
category or subcategory for which the Administrator fails to promulgate
an emission standard under this part on or before an applicable section
112(j) deadline, and the owner or operator has a permit meeting the
section 112(j) requirements, and where changes occur at the major source
to equipment, activities, or both, subsequent to the section 112(j)
deadline.
(1) If the title V permit already provides the appropriate
requirements that address the events that occur under paragraph (c) of
this section subsequent to the section 112(j) deadline, then the source
must comply with the applicable new source MACT or existing source MACT
requirements as specified in the permit, and the section 112(j)
requirements are thus satisfied.
(2) If the title V permit does not contain the appropriate
requirements that address the events that occur under paragraph (c) of
this section subsequent to the section 112(j) deadline, then the owner
or operator must submit an application for a revision to the existing
title V permit that meets the requirements of Sec. 63.53(a). The
application must be submitted within 30 days of beginning construction
and must be reviewed using the procedures established in paragraph (e)
of this section. Existing source MACT requirements (including relevant
compliance deadlines), as specified in a title V permit issued pursuant
to the requirements of this subpart, shall apply to such sources.
(d) Requests for applicability determination or notice of MACT
approval. (1) An owner or operator who is unsure of whether one or more
sources at a major source belong in a category or subcategory for which
the Administrator has failed to promulgate an emission standard under
this part may, on or before an applicable section 112(j) deadline,
request an applicability determination from the permitting authority by
submitting an application meeting the requirements of Sec. 63.53(a) by
the applicable deadlines specified in paragraphs (a), (b), or (c) of
this section.
(2) In addition to meeting the requirements of paragraphs (a), (b),
and (c) of this section, the owner or operator of a new affected source
may submit an application for a Notice of MACT Approval before
construction, pursuant to Sec. 63.54.
(e) Permit application review. (1) Each owner or operator who is
required to submit to the permitting authority a Part 1 MACT application
which meets the requirements of Sec. 63.53(a) for one or more sources
in a category or subcategory subject to section 112(j) must also submit
to the permitting authority a timely Part 2 MACT application for the
same sources which meets the requirements of Sec. 63.53(b). Each owner
or operator shall submit the Part 2 MACT application for the sources in
a particular category or subcategory no later than the applicable date
specified in table 1 to this subpart. The submission date specified in
table 1 to this subpart for Miscellaneous Organic Chemical Manufacturing
shall apply to sources in each of the source categories listed in table
2 to this subpart. When the owner or operator is required by Sec. Sec.
63.50 through 63.56 to submit an application meeting the requirements of
Sec. 63.53(a) by a date which is after the date for a Part 2 MACT
application for sources in the category or subcategory in question
established by table 1 to this subpart, the owner or operator shall
submit a Part 2 MACT application meeting the requirements of Sec.
63.53(b) within 60 additional days after the applicable deadline for
submission of the Part 1 MACT application. Part 2
[[Page 96]]
MACT applications must be reviewed by the permitting authority according
to procedures established in Sec. 63.55. The resulting MACT
determination must be incorporated into the source's title V permit
according to procedures established under title V, and any other
regulations approved under title V in the jurisdiction in which the
affected source is located.
(2) Notwithstanding paragraph (e)(1) of this section, the owner or
operator may request either an applicability determination or an
equivalency determination by the permitting authority as provided in
paragraphs (e)(2)(i) and (ii) of this section.
(i) Each owner or operator who submitted a request for an
applicability determination pursuant to paragraph (d)(1) of this section
on or before May 15, 2002, which remains pending before the permitting
authority on May 30, 2003, and who still wishes to obtain such a
determination, must resubmit that request by July 29, 2003, or by the
date which is 60 days after the Administrator publishes in the Federal
Register a proposed standard under section 112(d) or 112(h) of the Act
for the category or subcategory in question, whichever is later. Each
request for an applicability determination which is resubmitted under
this paragraph (e)(2)(i) must be supplemented to discuss the relation
between the source(s) in question and the applicability provision in the
proposed standard for the category or subcategory in question, and to
explain why there may still be uncertainties that require a
determination of applicability. The permitting authority must take
action upon each properly resubmitted and supplemented request for an
applicability determination within an additional 60 days after the
applicable deadline for the resubmitted request. If the applicability
determination is positive, the owner or operator must submit a Part 2
MACT application meeting the requirements of Sec. 63.53(b) by the date
specified for the category or subcategory in question in Table 1 to this
subpart. If the applicability determination is negative, then no further
action by the owner or operator is necessary.
(ii) As specified in paragraphs (a) and (b) of this section, an
owner or operator who has submitted an application meeting the
requirements of Sec. 63.53(a) may request a determination by the
permitting authority of whether emission limitations adopted pursuant to
a prior case-by-case MACT determination under section 112(g) that apply
to one or more sources at a major source in a relevant category or
subcategory are substantially as effective as the emission limitations
which the permitting authority would otherwise adopt pursuant to section
112(j) for the source in question. Such a request must be submitted by
the date for the category or subcategory in question specified in Table
1 to this subpart. Any owner or operator who previously submitted such a
request under a prior version of this paragraph (e)(2)(ii) need not
resubmit the request. Each request for an equivalency determination
under this paragraph (e)(2)(ii), regardless of when it was submitted,
will be construed in the alternative as a complete application for an
equivalent emission limitation under section 112(j). The process for
determination by the permitting authority of whether the emission
limitations in the prior case-by-case MACT determination are
substantially as effective as the emission limitations which the
permitting authority would otherwise adopt under section 112(j) must
include the opportunity for full public, EPA, and affected State review
prior to a final determination. If the permitting authority determines
that the emission limitations in the prior case-by-case MACT
determination are substantially as effective as the emission limitations
which the permitting authority would otherwise adopt under section
112(j), then the permitting authority must adopt the existing emission
limitations in the permit as the emission limitations to effectuate
section 112(j) for the source in question. If more than 3 years remain
on the current title V permit, the owner or operator must submit an
application for a title V permit revision to make any conforming changes
in the permit required to adopt the existing emission limitations as the
section 112(j) MACT emission limitations. If less than 3 years remain on
the current title V permit, any required conforming changes must be made
when the permit
[[Page 97]]
is renewed. If the permitting authority determines that the emission
limitations in the prior case-by-case MACT determination under section
112(g) are not substantially as effective as the emission limitations
which the permitting authority would otherwise adopt for the source in
question under section 112(j), the permitting authority must make a new
MACT determination and adopt a title V permit incorporating an
appropriate equivalent emission limitation under section 112(j). Such a
determination constitutes final action for purposes of judicial review
under 40 CFR 70.4(b)(3)(x) and corresponding State title V program
provisions.
(3) Within 60 days of submittal of the Part 2 MACT application, the
permitting authority must notify the owner or operator in writing
whether the application is complete or incomplete. The Part 2 MACT
application shall be deemed complete on the date it was submitted unless
the permitting authority notifies the owner or operator in writing
within 60 days of the submittal that the Part 2 MACT application is
incomplete. A Part 2 MACT application is complete if it is sufficient to
begin processing the application for a title V permit addressing section
112(j) requirements. In the event that the permitting authority
disapproves a permit application or determines that the application is
incomplete, the owner or operator must revise and resubmit the
application to meet the objections of the permitting authority. The
permitting authority must specify a reasonable period in which the owner
or operator is required to remedy the deficiencies in the disapproved or
incomplete application. This period may not exceed 6 months from the
date the owner or operator is first notified that the application has
been disapproved or is incomplete.
(4) Following submittal of a Part 1 or Part 2 MACT application, the
permitting authority may request additional information from the owner
or operator. The owner or operator must respond to such requests in a
timely manner.
(5) If the owner or operator has submitted a timely and complete
application as required by this section, any failure to have a title V
permit addressing section 112(j) requirements shall not be a violation
of section 112(j), unless the delay in final action is due to the
failure of the applicant to submit, in a timely manner, information
required or requested to process the application. Once a complete
application is submitted, the owner or operator shall not be in
violation of the requirement to have a title V permit addressing section
112(j) requirements.
(f) Permit content. The title V permit must contain an equivalent
emission limitation (or limitations) for the relevant category or
subcategory determined on a case-by-case basis by the permitting
authority, or, if the applicable criteria in subpart D of this part are
met, the title V permit may contain an alternative emission limitation.
For the purposes of the preceding sentence, early reductions made
pursuant to section 112(i)(5)(A) of the Act must be achieved not later
than the date on which the relevant standard should have been
promulgated according to the source category schedule for standards.
(1) The title V permit must contain an emission standard or emission
limitation that is equivalent to existing source MACT and an emission
standard or emission limitation that is equivalent to new source MACT
for control of emissions of hazardous air pollutants. The MACT emission
standards or limitations must be determined by the permitting authority
and must be based on the degree of emission reductions that can be
achieved if the control technologies or work practices are installed,
maintained, and operated properly. The permit must also specify the
affected source and the new affected source. If construction of a new
affected source or reconstruction of an affected source commences after
a title V permit meeting the requirements of section 112(j) has been
issued for the source, the new source MACT compliance dates must apply.
(2) The title V permit must specify any notification, operation and
maintenance, performance testing, monitoring, and reporting and
recordkeeping requirements. In developing the title V permit, the
permitting authority must consider and specify the
[[Page 98]]
appropriate provisions of subpart A of this part. The title V permit
must also include the information in paragraphs (f)(2)(i) through (iii)
of this section.
(i) In addition to the MACT emission limitation required by
paragraph (f)(1) of this section, additional emission limits, production
limits, operational limits or other terms and conditions necessary to
ensure practicable enforceability of the MACT emission limitation.
(ii) Compliance certifications, testing, monitoring, reporting and
recordkeeping requirements that are consistent with requirements
established pursuant to title V and paragraph (h) of this section.
(iii) Compliance dates by which the owner or operator must be in
compliance with the MACT emission limitation and all other applicable
terms and conditions of the permit.
(A) The owner or operator of an affected source subject to the
requirements of this subpart must comply with the emission limitation(s)
by the date established in the source's title V permit. In no case shall
such compliance date be later than 3 years after the issuance of the
permit for that source, except where the permitting authority issues a
permit that grants an additional year to comply in accordance with
section 112(i)(3)(B) of the Act, or unless otherwise specified in
section 112(i), or in subpart D of this part.
(B) The owner or operator of a new affected source, as defined in
the title V permit meeting the requirements of section 112(j), that is
subject to the requirements of this subpart must comply with a new
source MACT level of control immediately upon startup of the new
affected source.
(g) Permit issuance dates. The permitting authority must issue a
title V permit meeting section 112(j) requirements within 18 months
after submittal of the complete Part 2 MACT application.
(h) Enhanced monitoring. In accordance with section 114(a)(3) of the
Act, monitoring shall be capable of demonstrating continuous compliance
for each compliance period during the applicable reporting period. Such
monitoring data shall be of sufficient quality to be used as a basis for
directly enforcing all applicable requirements established under this
subpart, including emission limitations.
(i) MACT emission limitations. (1) The owner or operator of affected
sources subject to paragraphs (a), (b), and (c) of this section must
comply with all requirements of this subpart that are applicable to
affected sources, including the compliance date for affected sources
established in paragraph (f)(2)(iii)(A) of this section.
(2) The owner or operator of new affected sources subject to
paragraph (c)(1) of this section must comply with all requirements of
this subpart that are applicable to new affected sources, including the
compliance date for new affected sources established in paragraph
(f)(2)(iii)(B) of this section.
[67 FR 16606, Apr. 5, 2002; 68 FR 32602, May 30, 2003]
Sec. 63.53 Application content for case-by-case MACT determinations.
(a) Part 1 MACT application. The Part 1 application for a MACT
determination must contain the information in paragraphs (a)(1) through
(4) of this section.
(1) The name and address (physical location) of the major source.
(2) A brief description of the major source and an identification of
the relevant source category.
(3) An identification of the types of emission points belonging to
the relevant source category.
(4) An identification of any affected sources for which a section
112(g) MACT determination has been made.
(b) Part 2 MACT application. (1) In compiling a Part 2 MACT
application, the owner or operator may cross-reference specific
information in any prior submission by the owner or operator to the
permitting authority, but in cross-referencing such information the
owner or operator may not presume favorable action on any prior
application or request which is still pending. In compiling a Part 2
MACT application, the owner or operator may also cross-reference any
part of a standard proposed by the Administrator pursuant to section
112(d) or 112(h) of the Act for any category or subcategory which
[[Page 99]]
includes sources to which the Part 2 application applies.
(2) The Part 2 application for a MACT determination must contain the
information in paragraphs (b)(2)(i) through (b)(2)(v) of this section.
(i) For a new affected source, the anticipated date of startup of
operation.
(ii) Each emission point or group of emission points at the affected
source which is part of a category or subcategory for which a Part 2
MACT application is required, and each of the hazardous air pollutants
emitted at those emission points. When the Administrator has proposed a
standard pursuant to section 112(d) or 112(h) of the Act for a category
or subcategory, such information may be limited to those emission points
and hazardous air pollutants which would be subject to control under the
proposed standard.
(iii) Any existing Federal, State, or local limitations or
requirements governing emissions of hazardous air pollutants from those
emission points which are part of a category or subcategory for which a
Part 2 application is required.
(iv) For each identified emission point or group of affected
emission points, an identification of control technology in place.
(v) Any additional emission data or other information specifically
requested by the permitting authority.
(3) The Part 2 application for a MACT determination may, but is not
required to, contain the following information:
(i) Recommended emission limitations for the affected source and
support information consistent with Sec. 63.52(f). The owner or
operator may recommend a specific design, equipment, work practice, or
operational standard, or combination thereof, as an emission limitation.
(ii) A description of the control technologies that would be applied
to meet the emission limitation including technical information on the
design, operation, size, estimated control efficiency and any other
information deemed appropriate by the permitting authority, and
identification of the affected sources to which the control technologies
must be applied.
(iii) Relevant parameters to be monitored and frequency of
monitoring to demonstrate continuous compliance with the MACT emission
limitation over the applicable reporting period.
[67 FR 16609, Apr. 5, 2002, as amended at 68 FR 32602, May 30, 2003]
Sec. 63.54 Preconstruction review procedures for new affected sources.
The requirements of this section apply to an owner or operator who
constructs a new affected source subject to Sec. 63.52(c)(1). The
purpose of this section is to describe alternative review processes that
the permitting authority may use to make a MACT determination for the
new affected source.
(a) Review process for new affected sources. (1) If the permitting
authority requires an owner or operator to obtain or revise a title V
permit before construction of the new affected source, or when the owner
or operator chooses to obtain or revise a title V permit before
construction, the owner or operator must follow the procedures
established under the applicable title V permit program before
construction of the new affected source.
(2) If an owner or operator is not required to obtain or revise a
title V permit before construction of the new affected source (and has
not elected to do so), but the new affected source is covered by any
preconstruction or preoperation review requirements established pursuant
to section 112(g) of the Act, then the owner or operator must comply
with those requirements in order to ensure that the requirements of
section 112(j) and (g) are satisfied. If the new affected source is not
covered by section 112(g), the permitting authority, in its discretion,
may issue a Notice of MACT Approval, or the equivalent, in accordance
with the procedures set forth in paragraphs (b) through (f) of this
section, or an equivalent permit review process, before construction or
operation of the new affected source.
(3) Regardless of the review process, the MACT determination shall
be consistent with the principles established in Sec. 63.55. The
application for a Notice of MACT Approval or a title V permit, permit
modification, or administrative amendment, whichever is applicable,
shall include the documentation required by Sec. 63.53.
[[Page 100]]
(b) Optional administrative procedures for preconstruction or
preoperation review for new affected sources. The permitting authority
may provide for an enhanced review of section 112(j) MACT determinations
for review procedures and compliance requirements equivalent to those
set forth in paragraphs (b) through (f) of this section.
(1) The permitting authority will notify the owner or operator in
writing as to whether the application for a MACT determination is
complete or whether additional information is required.
(2) The permitting authority will approve an applicant's proposed
control technology, or the permitting authority will notify the owner or
operator in writing of its intention to disapprove a control technology.
(3) The owner or operator may present in writing, within a time
frame specified by the permitting authority, additional information,
considerations, or amendments to the application before the permitting
authority's issuance of a final disapproval.
(4) The permitting authority will issue a preliminary approval or
issue a disapproval of the application, taking into account additional
information received from the owner or operator.
(5) A determination to disapprove any application will be in writing
and will specify the grounds on which the disapproval is based.
(6) Approval of an applicant's proposed control technology must be
set forth in a Notice of MACT Approval (or the equivalent) as described
in Sec. 63.52(f).
(c) Opportunity for public comment on Notice of MACT Approval. The
permitting authority will provide opportunity for public comment on the
preliminary Notice of MACT Approval prior to issuance, including, at a
minimum,
(1) Availability for public inspection in at least one location in
the area affected of the information submitted by the owner or operator
and of the permitting authority's tentative determination;
(2) A period for submittal of public comment of at least 30 days;
and
(3) A notice by prominent advertisement in the area affected of the
location of the source information and analysis specified in Sec.
63.52(f). The form and content of the notice must be substantially
equivalent to that found in Sec. 70.7 of this chapter.
(4) An opportunity for a public hearing, if one is requested. The
permitting authority will give at least 30 days notice in advance of any
hearing.
(d) Review by the EPA and affected States. The permitting authority
must send copies of the preliminary notice (in time for comment) and
final notice required by paragraph (c) of this section to the
Administrator through the appropriate Regional Office, and to all other
State and local air pollution control agencies having jurisdiction in
affected States. The permitting authority must provide EPA with a review
period for the final notice of at least 45 days and shall not issue a
final Notice of MACT Approval until EPA objections are satisfied.
(e) Compliance with MACT determinations. An owner or operator of a
major source that is subject to a MACT determination must comply with
notification, operation and maintenance, performance testing,
monitoring, reporting, and recordkeeping requirements established under
Sec. 63.52(h), under title V, and at the discretion of the permitting
authority, under subpart A of this part. The permitting authority must
provide the EPA with the opportunity to review compliance requirements
for consistency with requirements established pursuant to title V during
the review period under paragraph (d) of this section.
(f) Equivalency under section 112(l). If a permitting authority
requires preconstruction review for new source MACT determinations under
this subpart, such requirement shall not necessitate a determination
under subpart E of this part.
[59 FR 26449, May 20, 1994, as amended at 67 FR 16610, Apr. 5, 2002]
Sec. 63.55 Maximum achievable control technology (MACT) determinations
for affected sources subject to case-by-case determination
of equivalent emission
limitations.
(a) Requirements for permitting authorities. The permitting
authority must determine whether the Sec. 63.53(a) Part 1 and Sec.
63.53(b) Part 2 MACT application is complete or an application for a
Notice of MACT Approval is approvable.
[[Page 101]]
In either case, when the application is complete or approvable, the
permitting authority must establish hazardous air pollutant emissions
limitations equivalent to the limitations that would apply if an
emission standard had been issued in a timely manner under section
112(d) or (h) of the Act. The permitting authority must establish these
emissions limitations consistent with the following requirements and
principles:
(1) Emission limitations must be established for the equipment and
activities within the affected sources within a source category or
subcategory for which the section 112(j) deadline has passed.
(2) Each emission limitation for an existing affected source must
reflect the maximum degree of reduction in emissions of hazardous air
pollutants (including a prohibition on such emissions, where achievable)
that the permitting authority, taking into consideration the cost of
achieving such emission reduction and any non-air quality health and
environmental impacts and energy requirements, determines is achievable
by affected sources in the category or subcategory for which the section
112(j) deadline has passed. This limitation must not be less stringent
than the MACT floor which must be established by the permitting
authority according to the requirements of section 112(d)(3)(A) and (B)
and must be based upon available information.
(3) Each emission limitation for a new affected source must reflect
the maximum degree of reduction in emissions of hazardous air pollutants
(including a prohibition on such emissions, where achievable) that the
permitting authority, taking into consideration the cost of achieving
such emission reduction and any non-air quality health and environmental
impacts and energy requirements, determines is achievable. This
limitation must not be less stringent than the emission limitation
achieved in practice by the best controlled similar source which must be
established by the permitting authority according to the requirements of
section 112(d)(3). This limitation must be based upon available
information.
(4) The permitting authority must select a specific design,
equipment, work practice, or operational standard, or combination
thereof, when it is not feasible to prescribe or enforce an equivalent
emission limitation due to the nature of the process or pollutant. It is
not feasible to prescribe or enforce a limitation when the Administrator
determines that hazardous air pollutants cannot be emitted through a
conveyance designed and constructed to capture such pollutant, or that
any requirement for, or use of, such a conveyance would be inconsistent
with any Federal, State, or local law, or the application of measurement
methodology to a particular class of sources is not practicable due to
technological and economic limitations.
(5) Nothing in this subpart shall prevent a State or local
permitting authority from establishing an emission limitation more
stringent than required by Federal regulations.
(b) Reporting to EPA. The owner or operator must submit additional
copies of its Part 1 and Part 2 MACT application for a title V permit,
permit revision, or Notice of MACT Approval, whichever is applicable, to
the EPA at the same time the material is submitted to the permitting
authority.
[67 FR 16610, Apr. 5, 2002]
Sec. 63.56 Requirements for case-by-case determination of equivalent
emission limitations after promulgation of subsequent MACT standard.
(a) If the Administrator promulgates a relevant emission standard
that is applicable to one or more affected sources within a major source
before the date a permit application under this paragraph (a) is
approved, the title V permit must contain the promulgated standard
rather than the emission limitation determined under Sec. 63.52, and
the owner or operator must comply with the promulgated standard by the
compliance date in the promulgated standard.
(b) If the Administrator promulgates a relevant emission standard
under section 112(d) or (h) of the Act that is applicable to a source
after the date a permit is issued pursuant to Sec. 63.52 or Sec.
63.54, the permitting authority must incorporate requirements of that
[[Page 102]]
standard in the title V permit upon its next renewal. The permitting
authority must establish a compliance date in the revised permit that
assures that the owner or operator must comply with the promulgated
standard within a reasonable time, but not longer than 8 years after
such standard is promulgated or 8 years after the date by which the
owner or operator was first required to comply with the emission
limitation established by the permit, whichever is earlier. However, in
no event shall the period for compliance for existing sources be shorter
than that provided for existing sources in the promulgated standard.
(c) Notwithstanding the requirements of paragraph (a) or (b) of this
section, the requirements of paragraphs (c)(1) and (2) of this section
shall apply.
(1) If the Administrator promulgates an emission standard under
section 112(d) or (h) that is applicable to an affected source after the
date a permit application under this paragraph is approved under Sec.
63.52 or Sec. 63.54, the permitting authority is not required to change
the emission limitation in the permit to reflect the promulgated
standard if the permitting authority determines that the level of
control required by the emission limitation in the permit is
substantially as effective as that required by the promulgated standard
pursuant to Sec. 63.1(e).
(2) If the Administrator promulgates an emission standard under
section 112(d) or (h) of the Act that is applicable to an affected
source after the date a permit application is approved under Sec. 63.52
or Sec. 63.54, and the level of control required by the promulgated
standard is less stringent than the level of control required by any
emission limitation in the prior MACT determination, the permitting
authority is not required to incorporate any less stringent emission
limitation of the promulgated standard in the title V permit and may in
its discretion consider any more stringent provisions of the MACT
determination to be applicable legal requirements when issuing or
revising such a title V permit.
Sec. Table 1 to Subpart B of Part 63--Section 112(j) Part 2 Application
Due Dates
------------------------------------------------------------------------
Due date MACT standard
------------------------------------------------------------------------
10/30/03............................ Combustion Turbines.
Lime Manufacturing.
Site Remediation.
Iron and Steel Foundries.
Taconite Iron Ore Processing.
Miscellaneous Organic Chemical
Manufacturing (MON).\1\
Organic Liquids Distribution.
Primary Magnesium Refining.
Metal Can (Surface Coating).
Plastic Parts and Products
(Surface Coating).
Chlorine Production.
Miscellaneous Metal Parts and
Products (Surface Coating) (and
Asphalt/Coal Tar Application--
Metal Pipes).\2\
4/28/04............................. Industrial Boilers, Institutional/
Commercial Boilers and Process
Heaters.\3\
Plywood and Composite Wood
Products.
Reciprocating Internal Combustion
Engines.\4\
Auto and Light-Duty Truck (Surface
Coating).
11/14/05............................ Industrial Boilers, Institutional/
Commercial Boilers, and Process
Heaters.\5\
Hydrochloric Acid Production.\6\
------------------------------------------------------------------------
\1\ Covers 23 source categories, see Table 2 to this subpart.
\2\ Two source categories.
\3\ Includes all sources in the three categories, Industrial Boilers,
Institutional/Commercial Boilers, and Process Heaters that burn no
hazardous waste.
\4\ Includes engines greater than 500 brake horsepower.
\5\ Includes all sources in the three categories, Industrial Boilers,
Institutional/Commercial Boilers, and Process Heaters that burn
hazardous waste.
\6\ Includes furnaces that produce acid from hazardous waste at sources
in the category Hydrochloric Acid Production.
[68 FR 32603, May 30, 2003, as amended at 70 FR 39664, July 11, 2005]
Sec. Table 2 to Subpart B of Part 63--MON Source Categories
Manufacture of Paints, Coatings, and Adhesives.
Alkyd Resins Production.
Maleic Anhydride Copolymers Production.
Polyester Resins Production.
Polymerized Vinylidene Chloride Production.
Polymethyl Methacrylate Resins Production.
Polyvinyl Acetate Emulsions Production.
Polyvinyl Alcohol Production.
Polyvinyl Butyral Production.
Ammonium Sulfate Production-Caprolactam By-Product Plants.
Quaternary Ammonium Compounds Production.
Benzyltrimethylammonium Chloride Production.
Carbonyl Sulfide Production.
Chelating Agents Production.
Chlorinated Paraffins Production.
Ethylidene Norbornene Production.
[[Page 103]]
Explosives Production.
Hydrazine Production.
OBPA/1,3-Diisocyanate Production.
Photographic Chemicals Production.
Phthalate Plasticizers Production.
Rubber Chemicals Manufacturing.
Symmetrical Tetrachloropyridine Production.
[68 FR 32603, May 30, 2003]
Subpart C_List of Hazardous Air Pollutants, Petitions Process, Lesser
Quantity Designations, Source Category List
Sec. 63.60 Deletion of caprolactam from the list of hazardous
air pollutants.
The substance caprolactam (CAS number 105602) is deleted from the
list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).
[61 FR 30823, June 18, 1996]
Sec. 63.61 Deletion of methyl ethyl ketone from the list of hazardous
air pollutants.
The substance methyl ethyl ketone (MEK, 2-Butanone) (CAS Number 78-
93-3) is deleted from the list of hazardous air pollutants established
by 42 U.S.C. 7412(b)(1).
[70 FR 75059, Dec. 19, 2005]
Sec. 63.62 Redefinition of glycol ethers listed as hazardous
air pollutants.
The following definition of the glycol ethers category of hazardous
air pollutants applies instead of the definition set forth in 42 U.S.C.
7412(b)(1), footnote 2: Glycol ethers include mono- and di-ethers of
ethylene glycol, diethylene glycol, and triethylene glycol R-
(OCH2CH2)n-OR'.
Where:
n = 1, 2, or 3;
R = alkyl C7 or less; or
R = phenyl or alkyl substituted phenyl;
R'= H or alkyl C7 or less; or
OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or
sulfonate.
[65 FR 47348, Aug. 2, 2000]
Sec. 63.63 Deletion of ethylene glycol monobutyl ether from the list
of hazardous air pollutants.
The substance ethylene glycol monobutyl ether (EGBE,2-Butoxyethanol)
(CAS Number 111-76-2) is deleted from the list of hazardous air
pollutants established by 42 U.S.C. 7412(b)(1).
[69 FR 69325, Nov. 29, 2004]
Sec. Sec. 63.64-63.69 [Reserved]
Subpart D_Regulations Governing Compliance Extensions for Early
Reductions of Hazardous Air Pollutants
Sec. 63.70 Applicability.
The provisions of this subpart apply to an owner or operator of an
existing source who wishes to obtain a compliance extension from a
standard issued under section 112(d) of the Act. The provisions of this
subpart also apply to a State or local agency acting pursuant to a
permit program approved under title V of the Act. The Administrator will
carry out the provisions of this subpart for any State that does not
have an approved permit program.
Sec. 63.71 Definitions.
All terms used in this subpart not defined in this section are given
the same meaning as in the Act.
Act means the Clean Air Act as amended.
Actual emissions means the actual rate of emissions of a pollutant,
but does not include excess emissions from a malfunction, or startups
and shutdowns associated with a malfunction. Actual emissions shall be
calculated using the source's actual operating rates, and types of
materials processed, stored, or combusted during the selected time
period.
Artificially or substantially greater emissions means abnormally
high emissions such as could be caused by equipment malfunctions,
accidents, unusually high production or operating rates compared to
historical rates, or other unusual circumstances.
EPA conditional method means any method of sampling and analyzing
for air pollutants that has been validated by the Administrator but that
has not been published as an EPA Reference Method.
EPA reference method means any method of sampling and analyzing for
[[Page 104]]
an air pollutant as described in appendix A of part 60 of this chapter,
appendix B of part 61 of this chapter, or appendix A of part 63.
Equipment leaks means leaks from pumps, compressors, pressure relief
devices, sampling connection systems, open-ended valves or lines,
valves, connectors, agitators, accumulator vessels, and instrumentation
systems in hazardous air pollutant service.
Existing source means any source as defined in Sec. 63.72, the
construction or reconstruction of which commenced prior to proposal of
an applicable section 112(d) standard.
Hazardous air pollutant (HAP) means any air pollutant listed
pursuant to section 112(b) of the Act.
High-risk pollutant means a hazardous air pollutant listed in Table
1 of Sec. 63.74.
Malfunction means any sudden failure of air pollution control
equipment or process equipment or of a process to operate in a normal or
usual manner. Failures that are caused entirely or in part by poor
maintenance, careless operation, or any other preventable upset
condition or preventable equipment breakdown shall not be considered
malfunctions.
Not feasible to prescribe or enforce a numerical emission limitation
means a situation in which the Administrator or a State determines that
a pollutant (or stream of pollutants) listed pursuant to section 112(b)
of the Act cannot be emitted through a conveyance designed and
constructed to emit or capture such pollutant, or that any requirement
for, or use of, such a conveyance would be inconsistent with any Federal
law; or the application of measurement technology to a particular source
is not practicable due to technological or economic limitations.
Permitting authority means either a State agency with an approved
permitting program under Title V of the Act or the Administrator in
cases where the State does not have an approved permitting program.
Post-reduction year means the one year period beginning with the
date early reductions have to be achieved to qualify for a compliance
extension under subpart D of this part, unless a source has established
with the permitting authority an earlier one year period as the post-
reduction year. For most sources, the post-reduction year would begin
with the date of proposal of the first section 112(d) standard
applicable to the early reductions source; however, for sources that
have made enforceable commitments, it would be the year from January 1,
1994, through December 31, 1994.
Responsible official means one of the following:
(1) For a corporation, a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decision-making
functions for the corporation; or a duly authorized representative of
such person if the representative is responsible for the overall
operation of one or more manufacturing, production, or operating
facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars); or
(ii) The delegation of authority to such representative is approved
in advance by the permitting authority.
(2) For a partnership or sole proprietorship, a general partner or
the proprietor, respectively.
(3) For a municipality, State, Federal, or other public agency,
either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., Regional Administrators of EPA).
Reviewing agency means a State agency with an approved permitting
program under Title V of the Act. An EPA Regional Office is the
reviewing agency where the State does not have such an approved
permitting program.
State means a State or local air pollution control agency.
[57 FR 61992, Dec. 29, 1992, as amended at 59 FR 59924, Nov. 21, 1994]
[[Page 105]]
Sec. 63.72 General provisions for compliance extensions.
(a) Except as provided in paragraph (f) of this section, a
permitting authority acting pursuant to a permitting program approved
under Title V of the Act shall by permit allow an existing source to
meet an alternative emission limitation in lieu of an emission
limitation promulgated under section 112(d) of the Act for a period of 6
years from the compliance date of the otherwise applicable standard
provided the source owner or operator demonstrates:
(1) According to the requirements of Sec. 63.74 that the source has
achieved a reduction of 90 percent (95 percent or more in the case of
hazardous air pollutants which are particulates) in emissions of:
(i) Total hazardous air pollutants from the source;
(ii) Total hazardous air pollutants from the source as adjusted for
high-risk pollutant weighting factors, if applicable.
(2) That such reduction was achieved before proposal of an
applicable standard or, for sources eligible to qualify for an
alternative emission limitation as specified in paragraph (c) of this
section, before January 1, 1994.
(b) A source granted an alternative emission limitation shall comply
with an applicable standard issued under section 112(d) of the Act
immediately upon expiration of the six year compliance extension period
specified in paragraph (a) of this section.
(c) An existing source that achieves the reduction specified in
paragraph (a)(1) of this section after proposal of an applicable section
112(d) standard but before January 1, 1994, may qualify for an
alternative emission limitation under paragraph (a) of this section if
the source makes an enforceable commitment, prior to proposal of the
applicable standard, to achieve such reduction. The enforceable
commitment shall be made according to the procedures and requirements of
Sec. 63.75.
(d) For each permit issued to a source under paragraph (a) of this
section, there shall be established as part of the permit an enforceable
alternative emission limitation for hazardous air pollutants reflecting
the reduction which qualified the source for the alternative emission
limitation.
(e) An alternative emission limitation shall not be available with
respect to standards or requirements promulgated to provide an ample
margin of safety to protect public health pursuant to section 112(f) of
the Act, and the Administrator will, for the purpose of determining
whether a standard under section 112(f) of the Act is necessary, review
emissions from sources granted an alternative emission limitation under
this subpart at the same time that other sources in the category or
subcategory are reviewed.
(f) Nothing in this subpart shall preclude a State from requiring
hazardous air pollutant reductions in excess of 90 percent (95 percent
in the case of particulate hazardous air pollutants) as a condition of
such State granting an alternative emission limitation authorized in
paragraph (a) of this section.
Sec. 63.73 Source.
(a) An alternative emission limitation may be granted under this
subpart to an existing source. For the purposes of this subpart only, a
source is defined as follows:
(1) A building structure, facility, or installation identified as a
source by the EPA in appendix B of this part;
(2) All portions of an entire contiguous plant site under common
ownership or control that emit hazardous air pollutants;
(3) Any portion of an entire contiguous plant site under common
ownership or control that emits hazardous air pollutants and can be
identified as a facility, building, structure, or installation for the
purposes of establishing standards under section 112(d) of the Act; or
(4) Any individual emission point or combination of emission points
within a contiguous plant site under common control, provided that
emission reduction from such point or aggregation of points constitutes
a significant reduction of hazardous air pollutant emissions of the
entire contiguous plant site.
(b) For purposes of paragraph (a)(4) of this section, emissions
reductions are considered significant if they are made
[[Page 106]]
from base year emissions of not less than:
(1) A total of 10 tons per year of hazardous air pollutants where
the total emissions of hazardous air pollutants in the base year from
the entire contiguous plant site is greater than 25 tons per; or
(2) A total of 5 tons per year of hazardous air pollutants where the
total emissions of hazardous air pollutants in the base year from the
entire contiguous plant site is less than or equal to 25 tons per year.
Sec. 63.74 Demonstration of early reduction.
(a) An owner or operator applying for an alternative emission
limitation shall demonstrate achieving early reductions as required by
Sec. 63.72(a)(1) by following the procedures in this section.
(b) An owner or operator shall establish the source for the purposes
of this subpart by documenting the following information:
(1) A description of the source including: a site plan of the entire
contiguous plant site under common control which contains the source,
markings on the site plan locating the parts of the site that constitute
the source, and the activity at the source which causes hazardous air
pollutant emissions;
(2) A complete list of all emission points of hazardous air
pollutants in the source, including identification numbers and short
descriptive titles; and
(3) A statement showing that the source conforms to one of the
allowable definition options from Sec. 63.73. For a source conforming
to the option in Sec. 63.73(a)(4), the total base year emissions from
the source, as determined pursuant to this section, shall be
demonstrated to be at least:
(i) 5 tons per year, for cases in which total hazardous air
pollutant emissions from the entire contiguous plant site under common
control are 25 tons per year or less as calculated under paragraph (1)
of this section; or
(ii) 10 tons per year in all other cases.
(c) An owner or operator shall establish base year emissions for the
source by providing the following information:
(1) The base year chosen, where the base year shall be 1987 or later
except that the base year may be 1985 or 1986 if the owner or operator
of the source can demonstrate that emission data for the source for 1985
or 1986 was submitted to the Administrator pursuant to an information
request issued under section 114 of the Act and was received by the
Administrator prior to November 15, 1990;
(2) The best available data accounting for actual emissions, during
the base year, of all hazardous air pollutants from each emission point
listed in the source in paragraph (b)(2) of this section;
(3) The supporting basis for each emission number provided in
paragraph (c)(2) of this section including:
(i) For test results submitted as the supporting basis, a
description of the test protocol followed, any problems encountered
during the testing, and a discussion of the validity of the method for
measuring the subject emissions; and
(ii) For calculations based on emission factors, material balance,
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and
their bases, and a brief rationale for the validity of the calculation
method used; and
(4) Evidence that the emissions provided under paragraph (c)(2) of
this section are not artificially or substantially greater than
emissions in other years prior to implementation of emission reduction
measures.
(d) An owner or operator shall establish post-reduction emissions by
providing the following information:
(1) For the emission points listed in the source in paragraph (b)(2)
of this section, a description of all control measures employed to
achieve the emission reduction required by Sec. 63.72(a)(1);
(2) The best available data accounting for actual emissions, during
the year following the applicable emission reduction deadline as
specified in Sec. 63.72(a)(2), of all hazardous air pollutants from
each emission point in the source listed pursuant to paragraph (b)(2) of
this section.
[[Page 107]]
(3) The supporting basis for each emission number provided in
paragraph (d)(2) of this section including:
(i) For test results submitted as the supporting basis, a
description of the test protocol followed, any problems encountered
during the testing, and a discussion of the validity of the method for
measuring the subject emissions; and
(ii) For calculations based on emission factors, material balance,
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and
their bases, and a brief rationale for the validity of the calculation
method used;
(4) [Reserved]
(5) Evidence that there was no increase in radionuclide emissions
from the source.
(e)(1) An owner or operator shall demonstrate that both total base
year emissions and total base year emissions adjusted for high-risk
pollutants, as applicable, have been reduced by at least 90 percent for
gaseous hazardous air pollutants emitted and 95 percent for particulate
hazardous air pollutants emitted by determining the following for
gaseous and particulate emissions separately:
(i) Total base year emissions, calculated by summing all base year
emission data from paragraph (c)(2) of this section;
(ii) Total post-reduction emissions, calculated by summing all post-
reduction emission data from paragraph (d)(2) of this section;
(iii) (If applicable) Total base year emissions adjusted for high-
risk pollutants, calculated by multiplying each emission number for a
pollutant from paragraph (c)(2) of this section by the appropriate
weighting factor for the pollutant from Table 1 in paragraph (f) of this
section and then summing all weighted emission data;
(iv) (If applicable) Total post-reduction emissions adjusted for
high-risk pollutants, calculated by multiplying each emission number for
a pollutant from paragraph (d)(2) of this section by the appropriate
weighting factor for the pollutant from Table 1 and then summing all
weighted emission data; and
(v) Percent reductions, calculated by dividing the difference
between base year and post-reduction emissions by the base year
emissions. Separate demonstrations are required for total gaseous and
particulate emissions, and total gaseous and particulate emissions
adjusted for high-risk pollutants.
(2) If any points in the source emit both particulate and gaseous
pollutants, as an alternative to the demonstration required in paragraph
(e)(1) of this section, an owner or operator may demonstrate:
(i) A weighted average percent reduction for all points emitting
both particulate and gaseous pollutants where the weighted average
percent reduction is determined by
[GRAPHIC] [TIFF OMITTED] TC21OC91.019
where %W=the required weighted percent reduction
[Sigma] Mg=the total mass rate (e.g., kg/yr) of all gaseous
emissions
[Sigma] Mp=the total mass rate of all particulate emissions
and,
(ii) The reductions required in paragraph (e)(1) of this section for
all other points in the source.
(f) If lower rates or hours are used to achieve all or part of the
emission reduction, any hazardous air pollutant emissions that occur
from a compensating increase in rates or hours from the same activity
elsewhere within the plant site which contains the source shall be
counted in the post-reduction emissions from the source. If emission
reductions are achieved by shutting down process equipment and the
shutdown equipment is restarted or replaced anywhere within the plant
site, any hazardous air pollutant emissions from the restarted or
replacement equipment shall be counted in the post-reduction emissions
for the source.
Table 1--List of High-Risk Pollutants
------------------------------------------------------------------------
Weighting
CAS No. Chemical factor
------------------------------------------------------------------------
53963....................... 2-Acetylaminofluorene......... 100
107028...................... Acrolein...................... 100
79061....................... Acrylamide.................... 10
107131...................... Acrylonitrile................. 10
0........................... Arsenic compounds............. 100
1332214..................... Asbestos...................... 100
71432....................... Benzene....................... 10
[[Page 108]]
92875....................... Benzidine..................... 1000
0........................... Beryllium compounds........... 10
542881...................... Bis(chloromethyl) ether....... 1000
106990...................... 1,3-Butadiene................. 10
0........................... Cadmium compounds............. 10
57749....................... Chlordane..................... 100
532274...................... 2-Chloroacetophenone.......... 100
0........................... Chromium compounds............ 100
107302...................... Chloromethyl methyl ether..... 10
0........................... Coke oven emissions........... 10
334883...................... Diazomethane.................. 10
132649...................... Dibenzofuran.................. 10
96128....................... 1,2-Dibromo-3-chloropropane... 10
111444...................... Dichloroethyl ether (Bis(2- 10
chloroethyl) ether).
79447....................... Dimethylcarbamoyl chloride.... 100
122667...................... 1,2-Diphenylhydrazine......... 10
106934...................... Ethylene dibromide............ 10
151564...................... Ethylenimine (Aziridine)...... 100
75218....................... Ethylene oxide................ 10
76448....................... Heptachlor.................... 100
118741...................... Hexachlorobenezene............ 100
77474....................... Hexachlorocyclopentadiene..... 10
302012...................... Hydrazine..................... 100
0........................... Manganese compounds........... 10
0........................... Mercury compounds............. 100
60344....................... Methyl hydrazine.............. 10
624839...................... Methyl isocyanate............. 10
0........................... Nickel compounds.............. 10
62759....................... N-Nitrosodimethylamine........ 100
684935...................... N-Nitroso-N-methylurea........ 1000
56382....................... Parathion..................... 10
75445....................... Phosgene...................... 10
7803512..................... Phosphine..................... 10
7723140..................... Phosphorus.................... 10
75558....................... 1,2-Propylenimine............. 100
1746016..................... 2,3,7,8-Tetrachlorodibenzo-p- 100,000
dioxin.
8001352..................... Toxaphene (chlorinated 100
camphene).
75014....................... Vinyl chloride................ 10
------------------------------------------------------------------------
(g) The best available data representing actual emissions for the
purpose of establishing base year or post-reduction emissions under this
section shall consist of documented results from source tests using an
EPA Reference Method, EPA Conditional Method, or the owner's or
operator's source test method which has been validated pursuant to
Method 301 of appendix A of this part. However, if one of the following
conditions exists, an owner or operator may submit, in lieu of results
from source tests, calculations based on engineering principles,
emission factors, or material balance data as actual emission data for
establishing base year or post-reduction emissions:
(1) No applicable EPA Reference Method, EPA Conditional Method, or
other source test method exists;
(2) It is not technologically or economically feasible to perform
source tests;
(3) It can be demonstrated to the satisfaction of the reviewing
agency that the calculations will provide emission estimates of accuracy
comparable to that of any applicable source test method;
(4) For base year emission estimates only, the base year conditions
no longer exist at an emission point in the source and emission data
could not be produced for such an emission point, by performing source
tests under currently existing conditions and converting the test
results to reflect base year conditions, that is more accurate than an
estimate produced by using engineering principles, emission factors, or
a material balance; or
(5) The emissions from one or a set of emission points in the source
are small compared to total source emissions and potential errors in
establishing emissions from such points will not have a significant
effect on the accuracy of total emissions established for the source.
(h) For base year or post-reduction emissions established under this
section that are not supported by source test data, the source owner or
operator shall include the reason source testing was not performed.
(i) [Reserved]
(j) The EPA average emission factors for equipment leaks cannot be
used under this subpart to establish base year emissions for equipment
leak sources, unless the base year emission number calculated using the
EPA average emission factors for equipment leaks also is used as the
post-reduction emission number for equipment leaks from the source.
(k) A source owner or operator shall not establish base year or
post-reduction emissions that include any emissions from the source
exceeding allowable emission levels specified in any applicable law,
regulation, or permit condition.
(l) For sources subject to paragraph (b)(3)(i) of this section, an
owner or operator shall document total base year emissions from an
entire contiguous plant site under common control by providing the
information required
[[Page 109]]
pursuant to paragraphs (b)(2), (c)(2), and (e)(1)(i) of this section for
all hazardous air pollutants from all emission points in the contiguous
plant site under common control.
(m) If a new pollutant is added to the list of hazardous air
pollutants or high-risk pollutants, any source emitting such pollutant
will not be required to revise an early reduction demonstration pursuant
to this section if:
(1) Alternative emission limits have previously been specified by
permit for the source as provided for in Sec. 63.72(a); or
(2) The base year emissions submitted in an enforceable commitment
have previously been approved by the reviewing agency.
[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 62543, Nov. 29, 1993;
59 FR 53110, Oct. 21, 1994]
Sec. 63.75 Enforceable commitments.
(a) To make an enforceable commitment an owner or operator shall
submit a commitment to achieve the early reductions required under Sec.
63.72(a)(1) to the appropriate EPA Regional Office and a copy of the
commitment to the appropriate State, except that the commitment shall be
submitted to the State and a copy to the EPA Regional Office if the
State has an approved permitting program under Title V of the Act. A
copy shall also be submitted to both the EPA Stationary Source
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington,
DC 20460 and the EPA Emission Standards Division (MD-13), Research
Triangle Park, NC 27711; attention both to the Early Reductions Officer.
The commitment shall contain:
(1) The name and address of the source;
(2) The name and telephone number of the source owner or operator or
other responsible official who can be contacted concerning the
commitment;
(3) An alternative mailing address if correspondence is to be
directed to a location other than that given in paragraph (a)(1) of this
section;
(4) All information specified in Sec. 63.74(b), (c) and (e)(1)(i),
which defines and describes the source and establishes the base year
hazardous air pollutant emissions from the source;
(5) The general plan for achieving the required hazardous air
pollutant emissions reductions at the source including descriptions of
emission control equipment to be employed, process changes or
modifications to be made, and any other emission reduction measures to
be used; and
(6) A statement of commitment, signed by a responsible official of
the source, containing the following:
(i) A statement providing the post-reduction emission levels for
total hazardous air pollutants and high-risk pollutants, as applicable,
from the source on an annual basis which reflect a 90 percent (95
percent for particulate pollutants) reduction from base year emissions;
(ii) A statement certifying that the base year emission data
submitted as part of the enforceable commitment constitute the best
available data for base year emissions from the source, are correct to
the best of the responsible official's knowledge, and are within
allowable levels specified in any applicable law, regulation, or permit;
(iii) A statement that it is understood by the source owner or
operator that submission of base year emissions constitutes a response
to an EPA request under the authority of section 114 of the Act and that
the commitment is subject to enforcement according to Sec. 63.80; and
(iv) A statement committing the source owner or operator to
achieving the emission levels, listed in paragraph (a)(6), (i) of this
section, at the source before January 1, 1994.
(b) The following language may be used to satisfy the requirements
of paragraphs (a)(6)(ii) through (a)(6)(iv) of this section:
I certify to the best of my knowledge that the base year emissions
given above are correct and constitute the best available data for base
year emissions from the source, and acknowledge that these estimates are
being submitted in response to an EPA request under section 114 of the
Act. I further certify that the base year emissions provided for all
emission points in the source do not exceed allowable emission levels
specified in any applicable law, regulation, or permit condition. I
commit to achieve before January 1, 1994, the stated post-reduction
emission level(s) at the source, which will provide the 90 (95) percent
reduction required to qualify for the
[[Page 110]]
compliance extension, and acknowledge that this commitment is
enforceable as specified in title 40, part 63, subpart D, of the Code of
Federal Regulations.
(c) A commitment for a source shall be submitted prior to proposal
of an applicable standard issued under section 112(d) of the Act.
Commitments received after the proposal date shall be void.
(d) If test results for one or more emission points in a source are
required to support base year emissions in an enforceable commitment but
are not available prior to proposal of an applicable standard issued
under section 112(d) of the Act, the test results may be submitted after
the enforceable commitment is made but no later than 180 days after
proposal of an applicable standard. In such cases, the enforceable
commitment shall contain the best substitute emission data for the
points in the source for which test results will be submitted later.
(e) An owner or operator may rescind such a commitment prior to
December 1, 1993 without penalty and forfeit the opportunity to obtain a
six year compliance extension under this subpart.
(f) An enforceable commitment submitted under this section shall not
be in effect and enforceable until the base year emissions contained in
the commitment have been approved according to the procedures in Sec.
63.76. An owner or operator is under no obligation to continue to seek
approval of commitments that have not been approved by December 1, 1993.
(g) The control measure information required under Sec. 63.74(d)(1)
as part of post-reduction emission documentation and submitted in a
permit application according to the provisions of Sec. 63.77 shall
become part of an existing enforceable commitment upon receipt of the
permit application by the permitting authority. An owner or operator
shall notify the permitting authority of any change made to the source
during calendar year 1994 which affects such control measure information
and shall mail the notice within 5 days (postmark date) of making the
change. The notice shall be considered an amendment to the source's
enforceable commitment.
[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 34370, June 25, 1993;
58 FR 62543, Nov. 29, 1993; 59 FR 59924, Nov. 21, 1994]
Sec. 63.76 Review of base year emissions.
(a) Pursuant to the procedures of this section, the appropriate
reviewing agency shall review and approve or disapprove base year
emission data submitted in an enforceable commitment under Sec. 63.75
or in a request letter from an applicant that wishes to participate in
the early reduction program but who is not required to submit an
enforceable commitment. For review requests submitted to a State agency
as the appropriate reviewing agency, a copy of the request also shall be
submitted to the applicable EPA Regional Office. For review requests
submitted to the EPA Regional Office as the appropriate reviewing
agency, a copy of the request also shall be sent to the applicable State
agency. Copies also shall be submitted to the EPA Stationary Source
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington,
DC 20460 and the EPA Emission Standards Division (MD-13), Research
Triangle Park, NC 27711; to the attention of the Early Reductions
Officer.
(b) Within 30 days of receipt of an enforceable commitment or base
year emission data, the reviewing agency shall advise the applicant
that:
(1) The base year emission data are complete as submitted; or
(2) The base year emission data are not complete and include a list
of deficiencies that must be corrected before review can proceed.
(c) EPA will publish a notice in the Federal Register which contains
a list, accumulated for the previous month, of the sources for which
complete base year emission data have been submitted and which are
undergoing review either in the EPA Regional Office or a State agency
within the EPA region. The notice will contain the name and location of
each source and a contract in the EPA Regional Office for additional
information.
(d) Within 60 days of a determination that a base year emission data
submission is complete, the reviewing agency
[[Page 111]]
shall evaluate the adequacy of the submission with respect to the
requirements of Sec. 63.74 (b) and (c) and either:
(1) Determine to approve the submission and publish a notice in a
newspaper of general circulation in the area where the source is located
or in a State publication designed to give general public notice,
providing the aggregate base year emission data for the source and the
rationale for the proposed approval, noting the availability of the
nonconfidential information contained in the submission for public
inspection in at least one location in the community in which the source
is located, providing for a public hearing upon request by an interested
party, and establishing a 30 day public comment period that can be
extended to 60 days upon request by an interested party; or
(2) Determine to disapprove the base year emission data and give
notice to the applicant of the reasons for the disapproval. An applicant
may correct disapproved base year data and submit revised data for
review in accordance with this subsection, except that the review of a
revision shall be accomplished within 30 days.
(e) If no adverse public comments are received by the reviewing
agency on proposed base year data for a source, the data shall be
considered approved at the close of the public comment period and a
notice of the approval shall be sent to the applicant and published by
the reviewing agency by advertisement in the area affected.
(f) If adverse comments are received and the reviewing agency agrees
that corrections are needed, the reviewing agency shall give notice to
the applicant of the disapproval and reasons for the disapproval. An
applicant may correct disapproved base year emission data and submit
revised emission data. If a revision is submitted by the applicant that,
to the satisfaction of the reviewing agency, takes into account the
adverse comments, the reviewing agency will publish by advertisement in
the area affected a notice containing the approved base year emission
data for the source and send notice of the approval to the applicant.
(g) If adverse comments are received and the reviewing agency
determines that the comments do not warrant changes to the base year
emission data, the reviewing agency will publish by advertisement in the
area affected a notice containing the approved base year emission data
for the source and the reasons for not accepting the adverse comments. A
notice of the approval also shall be sent to the applicant.
(h) If an applicant submits revised emission data under paragraph
(d)(2) or (f) of this section for a source subject to an enforceable
commitment, the applicant also shall submit an amended enforceable
commitment which takes into account the revised base year emissions.
(i) If revised base year emission data are not submitted or notice
of intent to submit revised data is not provided to the permitting
authority by an applicant within 90 days of receiving adverse comments
or a notice of disapproved base year emission data for a source that is
subject to an enforceable commitment, the enforceable commitment shall
be considered withdrawn and a notice to that effect shall be sent by the
reviewing agency to the applicant.
Sec. 63.77 Application procedures.
(a) To apply for an alternative emission limitation under Sec.
63.72, an owner or operator of the source shall file a permit
application with the appropriate permitting authority.
(b) Except as provided in paragraph (e) of this section, the permit
application shall contain the information required by Sec. 63.74, as
applicable, and the additional information required for a complete
permit application as specified by the applicable permit program
established pursuant to title V of the Act.
(c) Permit applications under this section for sources not subject
to enforceable commitments shall be submitted by the later of the
following dates:
(1) 120 days after proposal of an otherwise applicable standard
issued under section 112(d) of the Act; or
(2) 120 days after the date an applicable permit program is approved
or established pursuant to title V of the Act.
[[Page 112]]
(d) Permit applications for sources subject to enforceable
commitments pursuant to Sec. 63.75 shall be submitted no later than
April 30, 1994.
(e) If the post-reduction year does not end at least one month
before the permit application deadline under paragraph (c) of this
section, the source may file the post-reduction emissions information
required under Sec. 63.74(d)(2), (d)(3), and (d)(5) later as a
supplement to the original permit application. In such cases, this
supplemental information shall be submitted to the permitting authority
no later than one month after the end of the post-reduction year.
(f) If a source test will be the supporting basis for establishing
post-reduction emissions for one or more emissions units in the early
reductions source, the test results shall be submitted by the applicable
deadline for submittal of a permit application as specified in paragraph
(c) or (d) of this section.
(g) Review and disposition of permit applications submitted under
this section will be accomplished according to the provisions of the
applicable permit program established pursuant to title V of the Act.
[58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994]
Sec. 63.78 Early reduction demonstration evaluation.
(a) The permitting authority will evaluate an early reduction
demonstration submitted by the source owner or operator in a permit
application with respect to the requirements of Sec. 63.74.
(b) An application for a compliance extension may be denied if, in
the judgement of the permitting authority, the owner or operator has
failed to demonstrate that the requirements of Sec. 63.74 have been
met. Specific reasons for denial include, but are not limited to:
(1) The information supplied by the owner or operator is incomplete;
(2) The required 90 percent reduction (95 percent in cases where the
hazardous air pollutant is particulate matter) has not been
demonstrated;
(3) The base year or post-reduction emissions are incorrect, based
on methods or assumptions that are not valid, or not sufficiently
reliable or well documented to determine with reasonable certainty that
required reductions have been achieved; or
(4) The emission of hazardous air pollutants or the performance of
emission control measures is unreliable so as to preclude determination
that the required reductions have been achieved or will continue to be
achieved during the extension period.
Sec. 63.79 Approval of applications.
(a) If an early reduction demonstration is approved and other
requirements for a complete permit application are met, the permitting
authority shall establish by a permit issued pursuant to title V of the
Act enforceable alternative emissions limitations for the source
reflecting the reduction which qualified the source for the extension.
However, if it is not feasible to prescribe a numerical emissions
limitation for one or more emission points in the source, the permitting
authority shall establish such other requirements, reflecting the
reduction which qualified the source for an extension, in order to
assure the source achieves the 90 percent or 95 percent reduction, as
applicable.
(b) An alternative emissions limitation or other requirement
prescribed pursuant to paragraph (a) of this section shall be effective
and enforceable immediately upon issuance of the permit for the source
and shall expire exactly six years after the compliance date of an
otherwise applicable standard issued pursuant to section 112(d) of the
Act.
Sec. 63.80 Enforcement.
(a) All base year or post-reduction emissions information described
in Sec. 63.74 and required to be submitted as part of a permit
application under Sec. 63.77 or an enforceable commitment under Sec.
63.75 shall be considered to have been requested by the Administrator
under the authority of section 114 of the Act.
(b) Fraudulent statements contained in any base year or post-
reduction emissions submitted to a State or EPA Regional Office under
this subpart shall be considered violations of section 114 of the Act
and of this subpart
[[Page 113]]
and, thus, actionable under section 113 of the Act and can be
considered, in appropriate cases, violations of 18 U.S.C. 1001, the
general false swearing provision of the United States Code.
(c) If a source subject to an enforceable commitment fails to
achieve reductions before January 1, 1994, sufficient to qualify the
source for an extension under this subpart, the source shall be
considered to be in violation of the commitment and shall be subject to
enforcement action under section 113 of the Act.
(d) If an early reduction demonstration in a permit application
filed under Sec. 63.77 is disapproved for a source not subject to an
enforceable commitment, the owner or operator shall comply with an
applicable standard issued under section 112(d) of the Act by the
compliance date specified in such standard.
(e) If an early reduction demonstration in a permit application
filed under Sec. 63.77 is disapproved for a source that is subject to
an enforceable commitment, the owner or operator shall comply with an
applicable standard issued under section 112(d) of the Act by the
compliance date specified in such standard and will be subject to
enforcement action under section 113 of the Act.
(f) A violation of an alternative emission limitation or other
requirement established by permit under Sec. 63.79 (a) or (b) for the
source is enforceable pursuant to the authority of section 113 of the
Act notwithstanding any demonstration of continuing 90 percent (95
percent for hazardous air pollutants which are particulates) emission
reduction over the entire source.
Sec. 63.81 Rules for special situations.
(a) If more than one standard issued under section 112(d) of the Act
would be applicable to a source as defined under Sec. 63.73, then the
date of proposal referred to in Sec. Sec. 63.72(a)(2), 63.72(c),
63.74(d)(4), 63.75(c), and 63.77(c) is the date the first applicable
standard is proposed.
(b) Sources emitting radionuclides are not required to reduce
radionuclides by 90 (95) percent. Radionuclides may not be increased
from the source as a result of the early reductions demonstration.
Subpart E_Approval of State Programs and Delegation of Federal
Authorities
Sec. 63.90 Program overview.
The regulations in this subpart establish procedures consistent with
section 112(l) of the Clean Air Act (Act) (42 U.S.C. 7401-7671q). This
subpart establishes procedures for the approval of State rules,
programs, or other requirements such as permit terms and conditions to
be implemented and enforced in place of certain otherwise applicable
section 112 Federal rules, emission standards, or requirements
(including section 112 rules promulgated under the authority of the Act
prior to the 1990 Amendments to the Act). The authority to implement and
enforce section 112 Federal rules as promulgated without changes may be
delegated under procedures established in this subpart. In this process,
States may seek approval of a State mechanism for receiving delegation
of existing and future unchanged Federal section 112 standards. This
subpart clarifies which part 63, subpart A General Provisions
authorities can be delegated to States. This subpart also establishes
procedures for the review and withdrawal of section 112 implementation
and enforcement authorities delegated through this subpart. This subpart
also establishes procedures for the approval of State rules or programs
to establish limitations on the potential to emit pollutants listed in
or pursuant to section 112(b) of the Act.
(a) Definitions. The following definitions apply to this subpart.
Alternative requirements means the requirements, rules, permits,
provisions, methods, or other enforceable mechanisms that a State
submits for approval under this subpart or subpart A and, after
approval, replaces the otherwise applicable Federal section 112
requirements, provisions, or methods.
Applicability criteria means the regulatory criteria used to define
all affected sources subject to a specific section 112 rule.
Approval means a determination by the Administrator that a State
rule,
[[Page 114]]
program, or requirement meets the criteria of Sec. 63.91 and the
additional criteria of either Sec. 63.92, Sec. 63.93, Sec. 63.94, or
Sec. 63.97 as appropriate. For accidental release prevention programs,
the criteria of Sec. 63.95 must be met in addition to the criteria of
Sec. 63.91. This is considered a ``full approval'' for the purposes of
this subpart. Partial approvals may also be granted as described in this
subpart. Any approved requirements become applicable requirements under
Sec. 70.2 of this chapter.
Compliance and enforcement measures means requirements relating to
compliance and enforcement, including but not necessarily limited to
monitoring methods and procedures, recordkeeping, reporting, plans,
inspection, maintenance, and operation requirements, pollution
prevention requirements, noticing, field inspections, entry, sampling,
or accidental release prevention oversight.
Intermediate change to monitoring means a modification to federally
required monitoring involving ``proven technology'' (generally accepted
by the scientific community as equivalent or better) that is applied on
a site-specific basis and that may have the potential to decrease the
stringency of the associated emission limitation or standard. Though
site-specific, an intermediate change may set a national precedent for a
source category and may ultimately result in a revision to the federally
required monitoring. Examples of intermediate changes to monitoring
include, but are not limited to:
(1) Use of a continuous emission monitoring system (CEMS) in lieu of
a parameter monitoring approach;
(2) Decreased frequency for non-continuous parameter monitoring or
physical inspections;
(3) Changes to quality control requirements for parameter
monitoring; and
(4) Use of an electronic data reduction system in lieu of manual
data reduction.
Intermediate change to test method means a within-method
modification to a federally enforceable test method involving ``proven
technology'' (generally accepted by the scientific community as
equivalent or better) that is applied on a site-specific basis and that
may have the potential to decrease the stringency of the associated
emission limitation or standard. Though site-specific, an intermediate
change may set a national precedent for a source category and may
ultimately result in a revision to the federally enforceable test
method. In order to be approved, an intermediate change must be
validated according to EPA Method 301 (Part 63, Appendix A) to
demonstrate that it provides equal or improved accuracy and precision.
Examples of intermediate changes to a test method include, but are not
limited to:
(1) Modifications to a test method's sampling procedure including
substitution of sampling equipment that has been demonstrated for a
particular sample matrix, and use of a different impinger absorbing
solution;
(2) Changes in sample recovery procedures and analytical techniques,
such as changes to sample holding times and use of a different
analytical finish with proven capability for the analyte of interest;
and
(3) ``Combining'' a federally required method with another proven
method for application to processes emitting multiple pollutants.
Level of control means the degree to which a rule, program, or
requirement limits emissions or employs design, equipment, work
practice, or operational standards, accident prevention, or other
requirements or techniques (including a prohibition of emissions) for:
(1)(i) Each hazardous air pollutant, if individual pollutants are
subject to emission limitations, and
(ii) The aggregate total of hazardous air pollutants, if the
aggregate grouping is subject to emission limitations, provided that the
rule, program, or requirement would not lead to an increase in risk to
human health or the environment; and
(2) Each substance regulated under part 68 of this chapter.
(3) Test methods and associated procedures and averaging times are
integral to the level of control.
Local agency means a local air pollution control agency or, for the
purposes of Sec. 63.95, any local agency or entity having
responsibility for preventing accidental releases which may occur at
[[Page 115]]
a source regulated under part 68 of this chapter.
Major change to monitoring means a modification to federally
required monitoring that uses ``unproven technology or procedures'' (not
generally accepted by the scientific community) or is an entirely new
method (sometimes necessary when the required monitoring is unsuitable).
A major change to monitoring may be site-specific or may apply to one or
more source categories and will almost always set a national precedent.
Examples of major changes to monitoring include, but are not limited to:
(1) Use of a new monitoring approach developed to apply to a control
technology not contemplated in the applicable regulation;
(2) Use of a predictive emission monitoring system (PEMS) in place
of a required continuous emission monitoring system (CEMS);
(3) Use of alternative calibration procedures that do not involve
calibration gases or test cells;
(4) Use of an analytical technology that differs from that specified
by a performance specification;
(5) Decreased monitoring frequency for a continuous emission
monitoring system, continuous opacity monitoring system, predictive
emission monitoring system, or continuous parameter monitoring system;
(6) Decreased monitoring frequency for a leak detection and repair
program; and
(7) Use of alternative averaging times for reporting purposes.
Major change to recordkeeping/reporting means:
(1) A modification to federally required recordkeeping or reporting
that:
(i) May decrease the stringency of the required compliance and
enforcement measures for the relevant standards;
(ii) May have national significance (e.g., might affect
implementation of the applicable regulation for other affected sources,
might set a national precedent); or
(iii) Is not site-specific.
(2) Examples of major changes to recordkeeping and reporting
include, but are not limited to:
(i) Decreases in the record retention for all records;
(ii) Waiver of all or most recordkeeping or reporting requirements;
(iii) Major changes to the contents of reports; or
(iv) Decreases in the reliability of recordkeeping or reporting
(e.g., manual recording of monitoring data instead of required automated
or electronic recording, or paper reports where electronic reporting may
have been required).
Major change to test method means a modification to a federally
enforceable test method that uses ``unproven technology or procedures''
(not generally accepted by the scientific community) or is an entirely
new method (sometimes necessary when the required test method is
unsuitable). A major change to a test method may be site-specific, or
may apply to one or more sources or source categories, and will almost
always set a national precedent. In order to be approved, a major change
must be validated according to EPA Method 301 (Part 63, Appendix A).
Examples of major changes to a test method include, but are not limited
to:
(1) Use of an unproven analytical finish;
(2) Use of a method developed to fill a test method gap;
(3) Use of a new test method developed to apply to a control
technology not contemplated in the applicable regulation; and
(4) Combining two or more sampling/analytical methods (at least one
unproven) into one for application to processes emitting multiple
pollutants.
Minor change to monitoring means:
(1) A modification to federally required monitoring that:
(i) Does not decrease the stringency of the compliance and
enforcement measures for the relevant standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected sources,
does not set a national precedent, and individually does not result in a
revision to the monitoring requirements); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety concerns of
an affected source.
[[Page 116]]
(2) Examples of minor changes to monitoring include, but are not
limited to:
(i) Modifications to a sampling procedure, such as use of an
improved sample conditioning system to reduce maintenance requirements;
(ii) Increased monitoring frequency; and
(iii) Modification of the environmental shelter to moderate
temperature fluctuation and thus protect the analytical instrumentation.
Minor change to recordkeeping/reporting means:
(1) A modification to federally required recordkeeping or reporting
that:
(i) Does not decrease the stringency of the compliance and
enforcement measures for the relevant standards;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected sources,
does not set a national precedent, and individually does not result in a
revision to the recordkeeping or reporting requirement); and
(iii) Is site-specific.
(2) Examples of minor changes to recordkeeping or reporting include,
but are not limited to:
(i) Changes to recordkeeping necessitated by alternatives to
monitoring;
(ii) Increased frequency of recordkeeping or reporting, or increased
record retention periods;
(iii) Increased reliability in the form of recording monitoring
data, e.g., electronic or automatic recording as opposed to manual
recording of monitoring data;
(iv) Changes related to compliance extensions granted pursuant to
Sec. 63.6(i);
(v) Changes to recordkeeping for good cause shown for a fixed short
duration, e.g., facility shutdown;
(vi) Changes to recordkeeping or reporting that is clearly redundant
with equivalent recordkeeping/reporting requirements; and
(vii) Decreases in the frequency of reporting for area sources to no
less than once a year for good cause shown, or for major sources to no
less than twice a year as required by title V, for good cause shown.
Minor change to test method means:
(1) A modification to a federally enforceable test method that:
(i) Does not decrease the stringency of the emission limitation or
standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected sources,
does not set a national precedent, and individually does not result in a
revision to the test method); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety concerns of
an affected source.
(2) Examples of minor changes to a test method include, but are not
limited to:
(i) Field adjustments in a test method's sampling procedure, such as
a modified sampling traverse or location to avoid interference from an
obstruction in the stack, increasing the sampling time or volume, use of
additional impingers for a high moisture situation, accepting
particulate emission results for a test run that was conducted with a
lower than specified temperature, substitution of a material in the
sampling train that has been demonstrated to be more inert for the
sample matrix; and
(ii) Changes in recovery and analytical techniques such as a change
in quality control/quality assurance requirements needed to adjust for
analysis of a certain sample matrix.
Partial approval means that the Administrator approves under this
subpart:
(1) A State's legal authorities that fully meet the criteria of
Sec. 63.91(d)(3)(ii)-(v), and substantially meet the criteria of Sec.
63.91(d)(3)(i) as appropriate; or
(2) A State rule or program that meets the criteria of Sec. Sec.
63.92, 63.93, 63.94, 63.95, or 63.97 with the exception of a separable
portion of that State rule or program which fails to meet those
criteria. A separable portion of a State rule or program is defined as a
section(s) of a rule or a portion(s) of a program which can be acted
upon independently without affecting the overall integrity of the rule
or program as a whole.
Program means, for the purposes of an approval under this subpart, a
collection of State authorities, resources, and other requirements that
satisfy
[[Page 117]]
the criteria of this subpart and subpart A.
State agency, for the purposes of this subpart, includes State and
local air pollution agencies, Indian tribes as defined in Sec. 71.2 of
this chapter, and territories of the United States to the extent they
are or will be delegated Federal section 112 rules, emission standards,
or requirements.
Stringent or stringency means the degree of rigor, strictness or
severity a statute, rule, emission standard, or requirement imposes on
an affected source as measured by the quantity of emissions, or as
measured by parameters relating to rule applicability and level of
control, or as otherwise determined by the Administrator.
Title V operating permit programs means the part 70 permitting
program and the delegated Indian tribal programs under part 70 of this
chapter.
(b) Local agency coordination with State and territorial agencies.
Local agencies submitting a rule or program for approval under this
subpart shall consult with the relevant State or Territorial agency
prior to making a request for approval to the Administrator. A State or
Territorial agency may submit requests for approval on behalf of a local
agency after consulting with that local agency.
(c) Tribal authority. A tribal authority may submit a rule or
program under this subpart, provided that the tribal authority has
received approval, under the provisions of part 49 of this chapter, for
administering Federal rules under section 112 of the Act.
(d) Authorities retained by the Administrator. (1) The following
authorities will be retained by the Administrator and will not be
delegated:
(i) The authority to add or delete pollutants from the list of
hazardous air pollutants established under section 112(b);
(ii)-(iii) [Reserved]
(iv) The authority to add source categories to or delete source
categories from the Federal source category list established under
section 112(c)(1) or to subcategorize categories on the Federal source
category list after proposal of a relevant emission standard;
(v) The authority to revise the source category schedule established
under section 112(e) by moving a source category to a later date for
promulgation; and
(vi) Any other authorities determined to be nondelegable by the
Administrator.
(2) Nothing in this subpart shall prohibit the Administrator from
enforcing any applicable rule, emission standard or requirement
established under section 112.
(3) Nothing in this subpart shall affect the authorities and
obligations of the Administrator or the State under title V of the Act
or under regulations promulgated pursuant to that title.
(e) Federally-enforceable requirements. All rules, programs, State
or local permits, or other requirements approved under this subpart and
all resulting part 70 operating permit conditions are enforceable by the
Administrator and by citizens under the Act.
(f) Standards not subject to modification or substitution. With
respect to radionuclide emissions from licensees of the Nuclear
Regulatory Commission or licensees of Nuclear Regulatory Commission
Agreement States which are subject to part 61, subparts I, T, or W of
this chapter, a State may request that the EPA approve delegation of
implementation and enforcement of the Federal standard pursuant to Sec.
63.91, but no changes or modifications in the form or content of the
standard will be approved pursuant to Sec. 63.92, Sec. 63.93, Sec.
63.94, or Sec. 63.97.
(g) Selection of delegation options. (1) With the exception of
paragraphs (g)(2) and (g)(3) of this section, States may only submit
requests for approval of alternative requirements for a section 112
Federal rule, emission standard, or other requirement under a single
delegation option under this subpart.
(2) In the case of Sec. 63.94 submittals, if the identified sources
in any source category comprise a subset of the sources in that
category, the State must accept delegation under one other section of
this subpart for the remainder of the sources in that category that are
required to be permitted by the State under part 70 of this chapter.
(3) If the Administrator partially approves the State request per
Sec. 63.91(f), the State may submit a request for the remaining section
112 rules, emission
[[Page 118]]
standards, or requirements in that category under another section of
this subpart.
[65 FR 55835, Sept. 14, 2000]
Sec. 63.91 Criteria for straight delegation and criteria common to
all approval options.
(a) Applicable approval criteria. A State must satisfy the criteria
in paragraph (d) of this section for up-front approval to obtain
delegation of the Federal section 112 rules, emission standards, or
requirements. Once a State has demonstrated it meets the criteria in
paragraph (d) of this section, it only needs to reference that
demonstration and reaffirm that it still meets the criteria in future
submittals. In addition, a State must satisfy the applicable approval
criteria in Sec. Sec. 63.92, 63.93, 63.94, 63.95, or 63.97, as
specified in the following paragraphs.
(1) Unchanged Federal section 112 rules (``straight delegation'').
To obtain approval of State programs to implement and enforce Federal
section 112 rules as promulgated without changes (except for accidental
release programs, described in paragraph (a)(4) of this section), only
the criteria of paragraph (d) of this section must be met. This includes
State requests for one-time approval of their mechanism for taking
delegation of future unchanged Federal section 112 rules, emission
standards, and requirements as well as approval to implement and enforce
unchanged Federal section 112 rules, emission standards, and
requirements on a rule-by-rule basis.
(2) State rules, programs, or requirements that are different from
the Federal rule. To obtain approval under this subpart of a rule,
program, or requirement that is different from the Federal section 112
rule, emission standard, or requirement, the criteria of paragraph (d)
of this section and the criteria of either Sec. 63.92, Sec. 63.93,
Sec. 63.94, or Sec. 63.97 must be met.
(3) Separable portions of State rules, programs, or requirements
(``partial approval''). To obtain partial approval under this subpart, a
State request must meet the criteria in paragraphs (d) and (f) of this
section.
(4) Programs under part 68 of this chapter, prevention of accidental
releases. For approval of State rules or programs to implement and
enforce the Federal accidental release prevention program in part 68 of
this chapter, as promulgated without changes, the provisions of
paragraph (d) of this section, and Sec. 63.95 must be met. For approval
of alternative requirements, the provisions of either Sec. 63.92 or
Sec. 63.93 must also be met.
(5) Limits on the potential to emit section 112 pollutants. The
Administrator may, under the authority of section 112(l) and this
subpart, also approve a State program designed to establish limits on
the potential to emit hazardous air pollutants listed pursuant to
section 112 of the Act.
(b) Approval process. When a State submits an initial request for
approval, and except as otherwise specified under Sec. 63.92, Sec.
63.93, Sec. 63.94, Sec. 63.95, or Sec. 63.97, for a State's
subsequent requests for approval, the approval process will be as shown
in the following table:
------------------------------------------------------------------------
If . . . Then . . . And then . . .
------------------------------------------------------------------------
(1) A request for approval the Administrator if a request is
is received. will review the incomplete, the
request for Administrator will
approval and notify the State of
determine whether the specific
the request is deficient elements
complete according of the request.
to the criteria in
this subpart.
(2) A complete request for the Administrator the Administrator
approval is received. will seek public will require that
comment for a comments be
minimum of 30 days submitted
through a Federal concurrently to the
Register notice on State.
the State's request
for approval.
(3) A complete request for the Administrator
approval is received and will either
there has been a period of approve, partially
public comment. approve, or
disapprove the
State rule,
program, or
requirement within
180 days of receipt
of a complete
request.
[[Page 119]]
(4) The Administrator finds the Administrator the Administrator
that all of the criteria of will approve or will publish it in
this section are met and partially approve the Federal
all of the criteria of Sec. the State rule, Register, and
63.92, Sec. 63.93, Sec. program, or incorporate it
63.94, Sec. 63.95, or requirement. directly or by
Sec. 63.97 are met. reference, in the
appropriate subpart
of part 63.
Requirements
approved under Sec.
63.95 will be
incorporated
pursuant to
requirements under
part 68 of this
chapter.
(5) The Administrator finds the Administrator any resubmittal by a
that any of the criteria of will notify the State of a request
this section are not met, State of any for approval will
or any of the criteria of revisions or be considered a new
Sec. 63.92, Sec. 63.93, additions necessary request under this
Sec. 63.94, Sec. 63.95, to obtain approval. subpart.
or Sec. 63.97 under which
the request for approval
was made are not met.
(6) A State rule, program, unless the State can the Administrator
or requirement is revise the will publish the
disapproved. submittal to meet disapproval in the
the criteria, the Federal Register.
Administrator will
disapprove the
State rule,
program, or
requirement.
------------------------------------------------------------------------
(c) Enforcement. (1) Approval of the alternative rule, program, or
requirement delegates to the State the authority to implement and
enforce the approved rule, program, or requirement in lieu of the
otherwise applicable Federal section 112 rule, emission standard, or
requirement.
(i) The approved State rule, program, or requirement shall be
federally enforceable from the date the Administrator signs the
approval, with two exceptions. For States that implement unchanged
Federal requirements (Sec. 63.91, straight delegation) via their title
V permit program, and for States using the equivalency by permit option
(63.94), the approved requirements shall be federally enforceable on the
date of issuance or revision of the title V permit.
(ii) In the case of a partial approval under paragraph (f)(1) of
this section, only those authorities of the State request found to meet
the requirements of this section will be approved; the remaining Federal
authorities will be implemented and enforced by EPA.
(iii) For partial approvals under paragraph (f)(3) of this section,
only the portion of the State rule that is approved will be federally
enforceable; the remainder continues to be State enforceable only.
(2) When a State rule, program, or requirement is approved by the
Administrator under this subpart, applicable title V permits shall be
revised according to the provisions of Sec. 70.7(f) of this chapter.
(i) Each permit shall specify the origin of the alternative
conditions per Sec. 70.6 (a)(i) of this chapter and specifically
reference the Federal Register notice or other EPA approval mechanism in
the permit.
(ii) When approved alternative requirements are incorporated in a
permit, those requirements must be clearly identified and carried
forward in any subsequent permit revisions or renewals. If the permit is
not renewed, or if a revision or renewal does not carry the alternate
requirements forward, then the Federal section 112 requirements become
the applicable requirements.
(3) If approval is withdrawn under Sec. 63.96, all otherwise
applicable Federal rules and requirements shall be enforceable in
accordance with the compliance schedule established in the withdrawal
notice and relevant title V permits shall be revised according to the
provisions of Sec. 70.7(f) of this chapter.
(d) Criteria for approval. (1) Any request for approval under this
subpart shall meet all section 112(l) approval criteria specified by the
otherwise applicable Federal section 112 rule, emission standard, or
requirement, all of the approval criteria of this section, and any
additional approval criteria in Sec. Sec. 63.92, 63.93, 63.94, 63.95,
or 63.97.
(2) Once a State has satisfied the Sec. 63.91(d) up-front approval
requirements, it only needs to reference the previous demonstration and
reaffirm that is still meets the criteria for any subsequent equivalency
submittals.
(3) Interim or final title V program approval will satisfy the
criteria set
[[Page 120]]
forth in Sec. 63.91(d), up-front approval criteria. Alternatively, the
State must provide the following items in paragraphs (d)(3)(i) through
(v) of this section to the Administrator:
(i) A written finding by the State Attorney General (or for a local
agency or tribal authority, the General Counsel with full authority to
represent the local agency or tribal authority) that the State has the
necessary legal authority to implement and to enforce the State rule,
program, or requirement upon approval and to assure compliance by all
sources within the State with each applicable section 112 rule, emission
standard, or requirement. For full approval, the State must have the
following legal authorities concerning enforcement and compliance
assurance:
(A) The State shall have enforcement authorities that meet the
requirements of Sec. 70.11 of this chapter, except that tribal
authorities shall have enforcement authorities that meet the
requirements of part 49 of this chapter, the Tribal Air Rule.
(B) The State shall have authority to request information from
regulated sources regarding their compliance status.
(C) The State shall have authority to inspect sources and any
records required to determine a source's compliance status.
(D) If a State delegates authorities to a local agency, the State
must retain enforcement authority unless the local agency has
authorities that meet the requirements of Sec. 70.11 of this chapter.
(ii) A copy of State statutes, regulations, and requirements that
contain the appropriate provisions granting authority to implement and
enforce the State rule, program, or requirement upon approval.
(iii) A demonstration that the State has adequate resources to
implement and enforce all aspects of the rule, program, or requirement
upon approval (except for authorities explicitly retained by the
Administrator, such as those pursuant to paragraph (f) of this section
or pursuant to part 49 of this chapter), which includes:
(A) A description in narrative form of the scope, structure,
coverage, and processes of the State program.
(B) A description of the organization and structure of the agency or
agencies that will have responsibility for administering the program.
(C) A description of the agency's capacity to carry out the State
program, including the number, occupation, and general duties of the
employees.
(iv) A schedule demonstrating expeditious State implementation of
the rule, program, or requirement upon approval.
(v) A plan that assures expeditious compliance by all sources
subject to the State rule, program, or requirement upon approval. The
plan should include, at a minimum, a complete description of the State's
compliance tracking and enforcement program, including but not limited
to inspection strategies.
(4) If any of the State documents that are required to support an
approval under this subpart are readily available to the EPA and to the
public, the State may cite the relevant portions of the documents or
indicate where they are available (e.g., by providing an Internet
address) rather than provide copies.
(5) Electronic documents. Submission of electronic documents shall
comply with the requirements of 40 CFR part 3--(Electronic reporting).
(e) Revisions. Within 90 days of any State amendment, repeal, or
revision of any State rule, program, permit, or other requirement
approved as an alternative to a Federal requirement or part of the
authority necessary for the up-front approval, the State must provide
the Administrator with a copy of the revised authorities and meet the
requirements of either paragraph (e)(1) or (e)(2) of this section.
(1)(i) The State shall provide the Administrator with a written
finding by the State Attorney General (or for a local agency or tribal
authority, the General Counsel with full authority to represent the
local agency or tribal authority) that the State's revised legal
authorities are adequate to continue to implement and to enforce all
previously approved State rules and the approved State program (as
applicable) and adequate to continue to assure compliance by all sources
within the
[[Page 121]]
State with approved rules, the approved program, the approved permit, or
other requirements (as applicable) and each applicable section 112 rule,
emission standard, or requirement.
(ii) If the Administrator determines that the written finding is not
adequate, the State shall request approval of the revised rule, program,
permit, or other requirement according to the provisions of paragraph
(e)(2) of this section.
(2) The State shall request approval under this subpart for any
revised rule, program, permit, or other requirement.
(i) If the Administrator approves the revised rule, program, permit,
or other requirement, the revision will replace the previously approved
rule, program, permit, or other requirement.
(ii) If the Administrator disapproves the revised rule, program,
permit, or other requirement, the Administrator will initiate procedures
under Sec. 63.96 to withdraw approval of any previously approved rule,
program, permit, or other requirement that may be affected by the
revised authorities.
(iii) Until such time as the Administrator approves or withdraws
approval of a revised rule, program, permit, or other requirement, the
previously approved rule, program, permit, or requirement remains
federally enforceable and the revision is not federally enforceable.
(3) If the EPA amends, or otherwise revises a promulgated section
112 rule or requirement in a way that increases its stringency, the EPA
will notify any State which has received delegation under this subpart
of the need to revise their equivalency demonstration.
(i) The EPA Regional Office will consult with the affected State(s)
to set a time frame for the State(s) to submit a revised equivalency
demonstration.
(ii) The revised equivalency demonstration will be reviewed and
approved or disapproved according to the procedures set forth in this
section and Sec. 63.91, Sec. 63.92, Sec. 63.93, Sec. 63.94, Sec.
63.95, or Sec. 63.97, whichever are applicable.
(f) Partial approval. The partial approval process under this
subpart is described in the following table:
------------------------------------------------------------------------
If . . . Then . . . And . . .
------------------------------------------------------------------------
(1) A State's legal the Administrator The EPA will
authorities submitted under may grant a partial continue to
this subpart substantially approval with the implement and
meet the requirements of State's consent. enforce those
paragraph (d)(3)(i) of this authorities under
section, but are not fully paragraph (d)(3)(i)
approvable. of this section
that are not
approved.
(2) Any of the other the Administrator
requirements in paragraphs will disapprove the
(d)(3)(ii)-(v) of this submittal.
section are not approvable.
(3) A rule, requirement, or the Administrator the Administrator
program submitted under may remove that may then grant a
this subpart meets the separable portion partial approval of
requirements of Sec. with the State's the portion of the
63.92, Sec. 63.93, Sec. consent. rule, requirement,
63.94, Sec. 63.95, or or program that
Sec. 63.97 as meets the
appropriate, with the requirements of
exception of a separable this subpart.
portion of that rule,
requirement, or program.
(4) the Administrator the Administrator
determines that there are may disapprove the
too many areas of submittal in its
deficiency or that entirety.
separating the
responsibilities between
Federal and State
government would be too
cumbersome and complex.
------------------------------------------------------------------------
(g) Subpart A, Delegable authorities. A State may exercise certain
authorities granted to the Administrator under subpart A, but may not
exercise others, according to the following criteria:
(1) A State may ask the appropriate EPA Regional Office to delegate
any of the authorities listed as ``Category I'', in paragraph (g)(1)(i)
of this section. The EPA Regional Office will delegate any such
authorities at their discretion.
(i) ``Category I'' shall consist of the following authorities:
Category I Authorities
(A) Section 63.1, Applicability Determinations
(B) Section 63.6(e), Operation and Maintenance Requirements--
Responsibility for Determining Compliance
[[Page 122]]
(C) Section 63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance
(D) Section 63.6(h), Compliance with Opacity and Visible Emissions
Standards--Responsibility for Determining Compliance
(E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans
(F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test
Methods
(G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate
Alternatives to Test Methods
(H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes
When Necessitated by Process Variables or Other Factors
(I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance
Testing
(J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific
Performance Evaluation (Monitoring) Test Plans
(K) Section 63.8(f), Approval of Minor Alternatives to Monitoring
(L) Section 63.8(f), Approval of Intermediate Alternatives to Monitoring
(M) Section 63.9 and 63.10, Approval of Adjustments to Time Periods for
Submitting Reports
(N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping
and Reporting
(O) Section 63.7(a)(4), Extension of Performance Test Deadline
(ii) The State must maintain a record of all approved alternatives
to all monitoring, testing, recordkeeping, and reporting requirements
and provide this list of alternatives to its EPA Regional Office at
least semi-annually, or on a more frequent basis if requested by the
Regional Office. The Regional Office may audit the State-approved
alternatives and disapprove any that it determines are inappropriate,
after discussion with the State. If changes are disapproved, the State
must notify the source that it must revert to the original applicable
monitoring, testing, recordkeeping, and/or reporting requirements
(either those requirements of the original section 112 requirement, the
alternative requirements approved under this subpart, or the previously
approved site-specific alternative requirements). Also, in cases where
the source does not maintain the conditions which prompted the approval
of the alternatives to the monitoring, testing, recordkeeping, and/or
reporting requirements, the State (or EPA Regional Office) must require
the source to revert to the original monitoring, testing, recordkeeping,
and reporting requirements, or more stringent requirements, if
justified.
(2)(i) A State may not ask the appropriate EPA Regional Office to
delegate any of the authorities listed as ``Category II'' in paragraph
(g)(2)(ii) of this section.
(ii) ``Category II'' shall consist of the following authorities:
Category II Authorities
(A) Section 63.6(g), Approval of Alternative Non-Opacity Emission
Standards
(B) Section 63.6(h)(9), Approval of Alternative Opacity Standards
(C) Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to
Test Methods
(D) Section 63.8(f), Approval of Major Alternatives to Monitoring
(E) Section 63.10(f), Approval of Major Alternatives to Recordkeeping
and Reporting
[65 FR 55837, Sept. 14, 2000, as amended at 70 FR 59887, Oct. 13, 2005;
72 FR 27443, May 16, 2007]
Sec. 63.92 Approval of State requirements that adjust a section 112 rule.
Under this section a State may seek approval of State requirements
that make pre-approved adjustments to a Federal section 112 rule,
emission standard, or requirement that are unambiguously no less
stringent than the Federal rule, emission standard, or requirement.
(a) Approval process. (1) If the Administrator finds that the
criteria of this section and the criteria of Sec. 63.91 are met, the
Administrator will approve the State requirements, publish them in the
Federal Register, and incorporate them, directly or by reference, in the
appropriate subpart of part 63, without additional notice and
opportunity for comment. Requirements approved under Sec. 63.95 will be
incorporated pursuant to requirements under part 68 of this chapter.
(2) If the Administrator finds that any one of the State adjustments
to
[[Page 123]]
the Federal rule is in any way ambiguous with respect to the stringency
of applicability, level of control, compliance and enforcement measures,
or the compliance date for any affected source or emission point, the
Administrator will either disapprove the State request or consider the
request under Sec. 63.93.
(3) Within 60 days of receiving a complete request for approval
under this section, the Administrator will either approve or disapprove
the State request. If approved, the change will be effective upon
signature of the Federal Register notice.
(4) Requirements submitted for approval under this section shall
include either title V permits, title V general permits, Federal new
source review permits, or State rules. Permits must already be issued to
be used under this section.
(5) If the State uses a permit as the basis of alternative
requirements under this section, the relevant permit terms and
conditions must remain applicable to the source, even if the source
takes steps that would otherwise release it from an obligation to have a
permit.
(b) Criteria for approval. Any request for approval under this
section shall meet all of the criteria of this section and Sec. 63.91
before approval. The State shall provide the Administrator with:
(1) A demonstration that the public within the State has had
adequate notice and opportunity to submit written comment on the State
requirements, and
(2) A demonstration that each State adjustment to the Federal rule
individually results in requirements that:
(i) Are unequivocally no less stringent than the otherwise
applicable Federal rule with respect to applicability;
(ii) Are unequivocally no less stringent than the otherwise
applicable Federal rule with respect to level of control for each
affected source and emission point;
(iii) Are unequivocally no less stringent than the otherwise
applicable Federal rule with respect to compliance and enforcement
measures for each affected source and emission point; and
(iv) Assure compliance by every affected source no later than would
be required by the otherwise applicable Federal rule.
(3) State adjustments to Federal section 112 rules which may be part
of an approved rule under this section are:
(i) Lowering a required emission rate or de minimis level;
(ii) Adding a design, work practice, operational standard, emission
rate or other such requirement;
(iii) Increasing a required control efficiency;
(iv) Increasing the frequency of required reporting, testing,
sampling or monitoring;
(v) Adding to the amount of information required for records or
reports;
(vi) Decreasing the amount of time to come into compliance;
(vii) Subjecting additional emission points or sources within a
source category to control requirements;
(viii) Any adjustments allowed in a specific section 112 rule;
(ix) Minor editorial, formatting, and other nonsubstantive changes;
or
(x) Identical alternative requirements previously approved by the
Administrator in another local agency within the same State, if
previously noticed that the alternative requirements would be applicable
in the jurisdiction seeking approval under this section.
[65 FR 55840, Sept. 14, 2000]
Sec. 63.93 Approval of State requirements that substitute for a
section 112 rule.
Under this section a State may seek approval of State requirements
which differ from a Federal section 112 rule for which they would
substitute, such that the State requirements do not qualify for approval
under Sec. 63.92.
(a) Approval process. (1) After receiving a complete request for
approval under this section and making a preliminary determination on
its equivalence, the Administrator will seek public comment on the
State's request for a minimum of 30 days through a Federal Register
notice. The Administrator will require that comments be submitted
concurrently to the State.
[[Page 124]]
(2) If, after review of public comments and any State responses to
comments submitted to the Administrator, the Administrator finds that
the criteria of this section and the criteria of Sec. 63.91 are met,
the Administrator will approve the State requirements under this
section, publish the approved requirements in the Federal Register, and
incorporate them directly or by reference, in the appropriate subpart of
part 63. Requirements approved under Sec. 63.95 will be incorporated
pursuant to requirements under part 68 of this chapter.
(3) If the Administrator finds that any of the requirements of this
section or Sec. 63.91 have not been met, the Administrator may
partially approve or disapprove the State requirements. For any partial
approvals or disapprovals, the Administrator will provide the State with
the basis for the partial approval or disapproval and what actions that
State can take to make the requirements approvable.
(4) Requirements submitted for approval under this section shall
include either: State rules, title V permits, title V general permits,
Federal new source review permits, board and administrative orders,
permits issued pursuant to permit templates, or State operating permits.
Permits must already be issued to be used under this section.
(5) If the State uses a permit as the basis of alternative
requirements under this section, the relevant permit terms and
conditions must remain applicable to the source even if it takes steps
that would otherwise release it from an obligation to have a permit.
(6) Within 180 days of receiving a complete request for approval
under this section, the Administrator will either approve, partially
approve, or disapprove the State request.
(b) Criteria for approval. Any request for approval under this
section shall meet all of the criteria of this section and Sec. 63.91
before approval. The State shall provide the Administrator with detailed
documentation that the State requirements contain or demonstrate:
(1) Applicability criteria that are no less stringent than those in
the respective Federal rule;
(2) Levels of control (including associated performance test
methods) and compliance and enforcement measures that result in emission
reductions from each affected source or accidental release prevention
program requirements for each affected source that are no less stringent
than would result from the otherwise applicable Federal rule;
(3) A compliance schedule that requires each affected source to be
in compliance within a time frame consistent with the deadlines
established in the otherwise applicable Federal rule; and
(4) At a minimum, the approved State requirements must include the
following compliance and enforcement measures. (For requirements
addressing the accidental release prevention program, minimum compliance
and enforcement provisions are described in Sec. 63.95.)
(i) The approved requirements must include monitoring or another
method for determining compliance.
(ii) If a standard in the approved rule is not instantaneous, a
maximum averaging time must be established.
(iii) The requirements must establish an obligation to periodically
monitor for compliance using the monitoring or another method
established in paragraph (b)(4)(i) of this section sufficient to yield
reliable data that are representative of the source's compliance status.
[65 FR 55841, Sept. 14, 2000]
Sec. 63.94 Approval of State permit terms and conditions that substitute
for a section 112 rule.
Under this section a State may seek approval of State permit terms
and conditions to be implemented and enforced in lieu of specified
existing and future Federal section 112 rules, emission standards, or
requirements promulgated under section 112, for those affected sources
permitted by the State under part 70 of this chapter. The State may not
seek approval under this section for permit terms and conditions that
implement and enforce part 68 requirements.
(a) Up-front approval process.(1) A State must submit a request that
meets the requirements of paragraph (b) of this section. After receiving
a
[[Page 125]]
complete request for approval of a State program under this section and
making a preliminary determination of equivalence, the Administrator
will seek public comment for 21 days through a Federal Register notice.
The Administrator will require that comments be submitted concurrently
to the State.
(2) If, after review of all public comments, and State responses to
comments submitted to the Administrator, the Administrator finds that
the criteria of paragraph (b) of this section and the criteria of Sec.
63.91 are met, the Administrator will approve the State program. The
approved program will be published in the Federal Register and
incorporated directly or by reference in the appropriate subpart of part
63.
(3) If the Administrator finds that any of the criteria of paragraph
(b) of this section or Sec. 63.91 have not been met, the Administrator
will partially approve or disapprove the State program. For any partial
approvals or disapprovals, the Administrator will provide the State with
the basis for the partial approval or disapproval and what action the
State can take to make the programs approvable.
(4) Within 90 days of receiving a complete request for approval
under this section, the Administrator will either approve, partially
approve, or disapprove the State request.
(b) Criteria for up-front approval. Any request for program approval
under this section shall meet all of the criteria of this paragraph and
Sec. 63.91 before approval. The State shall provide the Administrator
with:
(1)(i) To the extent possible, an identification of all specific
sources in source categories listed pursuant to subsection 112(c) for
which the State is seeking authority to implement and enforce
alternative requirements under this section;
(ii) If the identified sources in any source category comprise a
subset of the sources in that category within the State's jurisdiction,
the State shall request delegation for the remainder of the sources in
that category that are required to be permitted by the State under part
70 of this chapter. The State shall request delegation for the remainder
of the sources in that category under another section of this subpart.
(iii) Prior to submitting a request for one or more sources within a
source category, the State shall consult with their EPA Regional Office
regarding the number of sources in a category eligible for submittal
under this option. Based on the Regional Office's decision, the State
shall limit the number of sources for which it submits permit
requirements.
(2) To the extent possible, an identification of all existing and
future section 112 emission standards for which the State is seeking
authority under this section to implement and enforce alternative
requirements.
(3) If, after approval of the initial list of source categories
identified in paragraph (b)(2) of this section, the State adds source
categories for approval under this option, the State shall submit an
addendum to the up-front approval submission, and identify the addition
to the lists. The Administrator will follow the process outlined in
paragraph (a) of this section for up-front approval.
(4) A one-time demonstration that the State has an approved title V
operating permit program and that the program permits the affected
sources.
(c) Approval process for alternative requirements. (1) After
promulgation of a Federal section 112 rule, emission standard, or
requirement for which the State has up-front approval to implement and
enforce alternative requirements in the form of title V permit terms and
conditions, the State shall provide the Administrator with pre-draft
title V permit terms and conditions that are sufficient, in the
Administrator's judgement, to allow the Administrator to determine
equivalency. The permit terms and conditions shall reflect all of the
requirements of the otherwise applicable Federal section 112 rule,
emission standard, or requirement.
(2) [Reserved]
(3) If, the Administrator receives a complete request and finds the
pre-draft title V permit terms and conditions submitted by the State
meet the criteria of paragraph (d), the Administrator will approve the
State's alternative requirements (by approving the
[[Page 126]]
pre-draft permit terms and conditions) and notify the State in writing
of the approval.
(4) The Administrator may approve the State's alternative
requirements on the condition that the State makes certain changes to
the pre-draft title V permit terms and conditions and includes the
changes in the complete pre-draft, proposed, and final title V permits
for the affected sources. If the Administrator approves the alternative
requirements on the condition that the State makes certain changes to
them, the State shall make those changes or the alternative requirements
will not be federally enforceable when they are included in the final
permit, even if the Administrator does not object to the proposed
permit. Until the Administrator affirmatively approves the State's
alternative requirements (by approving the pre-draft permit terms and
conditions) under this paragraph, and those requirements (permit terms)
are incorporated into the final title V permit for any affected source,
the otherwise applicable Federal emission standard(s) remain the
federally enforceable and applicable requirements for that source.
(5) If, after evaluating the pre-draft title V permit terms and
conditions that were submitted by the State, the Administrator finds
that the criteria of paragraph (d) of this section have not been met,
the Administrator will disapprove the State's alternative requirements
and notify the State in writing of the disapproval. In the notice of
disapproval, the Administrator will specify the deficient or
nonapprovable elements of the State's alternative requirements.
(6) Within 90 days of receiving a complete request for approval
under this paragraph, the Administrator will either approve, partially
approve, or disapprove the State's alternative requirements.
(7) Nothing in this section precludes the State from submitting
alternative requirements in the form of title V permit terms and
conditions or title V general permit terms and conditions for approval
under this paragraph at the same time the State submits its program to
the Administrator for up-front approval under paragraph (a) of this
section, provided that the Federal emission standards for which the
State submits alternative requirements are promulgated at the time of
the State's submittal. If the Administrator finds that the criteria of
Sec. 63.91 and the criteria of paragraphs (b) and (d) of this section
are met, the Administrator will approve both the State program and the
permit terms and conditions within 90 days of receiving a complete
request for approval.
(d) Approval criteria for alternative requirements.Any request for
approval under this paragraph shall meet the following criteria. Taken
together, the criteria in this paragraph describe the minimum contents
of a State's equivalency demonstration for a promulgated Federal section
112 rule, emission standard, or requirement. To be approvable, the State
submittal must contain sufficient detail to allow the Administrator to
make a determination of equivalency between the State's alternative
requirements and the Federal requirements. Each submittal of alternative
requirements in the form of pre-draft permit terms and conditions for an
affected source shall:
(1) Identify the specific, practicably enforceable terms and
conditions with which the source would be required to comply upon
issuance, renewal, or revision of the title V permit. The State shall
submit permit terms and conditions that reflect all of the requirements
of the otherwise applicable Federal section 112 rule, emission standard,
or requirement. The State shall identify for the Administrator the
specific permit terms and conditions that contain alternative
requirements.
(2) Identify specifically how the alternative requirements in the
form of permit terms and conditions are the same as or differ from the
requirements in the otherwise applicable Federal section 112 rule,
emission standard, or requirement (including any applicable requirements
in subpart A or other subparts or appendices). The State shall provide
this identification in a side-by-side comparison of the State's
requirements in the form of permit terms and conditions and the
requirements of the Federal section 112 rule, emission standard, or
requirement.
[[Page 127]]
(3) The State shall provide the Administrator with detailed
documentation that demonstrates that the alternative requirements meet
the criteria specified in Sec. 63.93(b), i.e., that the alternative
requirements are at least as stringent as the otherwise applicable
Federal requirements.
(e) Incorporation of permit terms and conditions into title V
permits. (1) After approval of the State's alternative requirements
under this section, the State shall incorporate the approved permit
terms and conditions into title V permits for the affected sources. The
State shall issue or revise the title V permits according to the
provisions contained in Sec. 70.7 of this chapter. The alternative
permit terms and conditions may substitute for the Federal requirements
once they are contained in a valid title V permit. If the State does not
write the alternative conditions, exactly as approved, into the permit,
EPA may reopen the permit for cause per Sec. 70.7(g) of this chapter,
and the delegation may not occur.
(2) In the notice of pre-draft permit availability, and in each pre-
draft, proposed, and final permit, the State shall indicate prominently
that the permit contains alternative section 112 requirements. In the
notice of pre-draft permit availability, the State shall specifically
solicit public comment on the alternative requirements. In addition, the
State shall attach all documents supporting the approved equivalency
determination for those alternative requirements to each pre-draft,
proposed, and final permit.
[65 FR 55841, Sept. 14, 2000]
Sec. 63.95 Additional approval criteria for accidental release
prevention programs.
(a) A State submission for approval of a part 68 program must meet
the criteria and be in accordance with the procedures of this section,
Sec. 63.91, and, where appropriate, either Sec. 63.92 or Sec. 63.93.
(b) The State part 68 program application shall contain the
following elements consistent with the procedures in Sec. 63.91 and,
where appropriate, either Sec. 63.92 or Sec. 63.93 of this subpart,
for at least the chemicals listed in part 68 subpart F (``federally-
listed chemicals'') that an approvable State Accidental Release
Prevention program is regulating:
(1)(i) A demonstration of the State's authority and resources to
implement and enforce regulations that are no less stringent than the
regulations of part 68, subparts A through G and Sec. 68.200 of this
chapter; and
(ii) A requirement that any source subject to the State's part 68
program submit a Risk Management Plan (RMP) that reports at least the
same information in the same format as required under part 68, subpart G
of this chapter.
(2) A State's RMP program may require reporting of information not
required by the Federal program, and these requirements (like any other
additional State requirements) will become federally enforceable upon
approval. The extent to which EPA will be able to help a State collect
and report additional information through EPA's electronic RMP
submission system will be determined on a case-by-case basis.
(3) Procedures for reviewing risk management plans and providing
technical assistance to stationary sources, including small businesses.
(4) A demonstration of the State's authority to enforce all part 68
requirements must be made, including an auditing strategy that complies
with Sec. 68.220 of this chapter.
(c) A State may request approval for a program that covers all of
the federally-listed chemicals (a ``complete program'') or a program
covering less than all of the federally-listed chemicals (a ``partial
program'') as long as the State takes delegation of the full part 68
program for the federally-listed chemicals it regulates.
[65 FR 55843, Sept. 14, 2000]
Sec. 63.96 Review and withdrawal of approval.
(a) Submission of information for review of approval. (1) The
Administrator may at any time request any of the following information
to review the adequacy of implementation and enforcement of an approved
rule or program and the State shall provide that information within 45
days of the Administrator's request:
[[Page 128]]
(i) Copies of any State statutes, rules, regulations or other
requirements that have amended, repealed or revised the approved State
rule or program since approval or since the immediately previous EPA
review;
(ii) Information to demonstrate adequate State enforcement and
compliance monitoring activities with respect to all approved State
rules and with all section 112 rules, emission standards or
requirements;
(iii) Information to demonstrate adequate funding, staff, and other
resources to implement and enforce the State's approved rule or program;
(iv) A schedule for implementing the State's approved rule or
program that assures compliance with all section 112 rules and
requirements that the EPA has promulgated since approval or since the
immediately previous EPA review,
(v) A list of part 70 or other permits issued, amended, revised, or
revoked since approval or since immediately previous EPA review, for
sources subject to a State rule or program approved under this subpart.
(vi) A summary of enforcement actions by the State regarding
violations of section 112 requirements, including but not limited to
administrative orders and judicial and administrative complaints and
settlements.
(2) Upon request by the Administrator, the State shall demonstrate
that each State rule, emission standard or requirement applied to an
individual source is no less stringent as applied than the otherwise
applicable Federal rule, emission standard or requirement.
(b) Withdrawal of approval of a state rule or program. (1) If the
Administrator has reason to believe that a State is not adequately
implementing or enforcing an approved rule or program according to the
criteria of this section or that an approved rule or program is not as
stringent as the otherwise applicable Federal rule, emission standard or
requirements, the Administrator will so inform the State in writing and
will identify the reasons why the Administrator believes that the
State's rule or program is not adequate. The State shall then initiate
action to correct the deficiencies identified by the Administrator and
shall inform the Administrator of the actions it has initiated and
completed. If the Administrator determines that the State's actions are
not adequate to correct the deficiencies, the Administrator will notify
the State that the Administrator intends to withdraw approval and will
hold a public hearing and seek public comment on the proposed withdrawal
of approval. The Administrator will require that comments be submitted
concurrently to the State. Upon notification of the intent to withdraw,
the State will notify all sources subject to the relevant approved rule
or program that withdrawal proceedings have been initiated.
(2) Based on any public comment received and any response to that
comment by the State, the Administrator will notify the State of any
changes in identified deficiencies or actions needed to correct
identified deficiencies. If the State does not correct the identified
deficiencies within 90 days after receiving revised notice of
deficiencies, the Administrator shall withdraw approval of the State's
rule or program upon a determination that:
(i) The State no longer has adequate authorities to assure
compliance or re-sources to implement and enforce the approved rule or
program, or
(ii) The State is not adequately implementing or enforcing the
approved rule or program, or
(iii) An approved rule or program is not as stringent as the
otherwise applicable Federal rule, emission standard or requirement.
(3) The Administrator may withdraw approval for part of a rule, for
a rule, for part of a program, or for an entire program.
(4) Any State rule, program or portion of a State rule or program
for which approval is withdrawn is no longer Federally enforceable. The
Federal rule, emission standard or requirement that would have been
applicable in the absence of approval under this will be the federally
enforceable rule, emission standard or requirement.
(i) Upon withdrawal of approval, the Administrator will publish an
expeditious schedule for sources subject to the previously approved
State rule or program to come into compliance with
[[Page 129]]
applicable Federal requirements. Such schedule shall include interim
emission limits where appropriate. During this transition, sources must
be operated in a manner consistent with good air pollution control
practices for minimizing emissions.
(ii) Upon withdrawal, the State shall reopen, under the provisions
of Sec. 70.7(f) of this chapter, the part 70 permit of each source
subject to the previously approved rules or programs in order to assure
compliance through the permit with the applicable requirements for each
source.
(iii) If the Administrator withdraws approval of State rules
applicable to sources that are not subject to part 70 permits, the
applicable State rules are no longer Federally enforceable.
(iv) If the Administrator withdraws approval of a portion of a State
rule or program, other approved portions of the State rule or program
that are not withdrawn shall remain in effect.
(v) Any applicable Federal emission standard or requirement shall
remain enforceable by the EPA as specified in section 112(l)(7) of the
Act.
(5) If a rule approved under Sec. 63.93 is withdrawn under the
provisions of Sec. 63.96(b)(2) (i) or (ii), and, at the time of
withdrawal, the Administrator finds the rule to be no less stringent
than the otherwise applicable Federal requirement, the Administrator
will grant equivalency to the previously approved State rule under the
appropriate provisions of this part.
(6) A State may submit a new rule, program or portion of a rule or
program for approval after the Administrator has withdrawn approval of
the State's rule, program or portion of a rule or program. The
Administrator will determine whether the new rule or program or portion
of a rule or program is approvable according to the criteria and
procedures of Sec. 63.91 and either of Sec. Sec. 63.92, 63.93 or
63.94.
(7) A State may voluntarily withdraw from an approved State rule,
program or portion of a rule or program by notifying the EPA and all
affected sources subject to the rule or program and providing notice and
opportunity for comment to the public within the State.
(i) Upon voluntary withdrawal by a State, the Administrator will
publish a timetable for sources subject to the previously approved State
rule or program to come into compliance with applicable Federal
requirements.
(ii) Upon voluntary withdrawal, the State must reopen and revise the
part 70 permits of all sources affected by the withdrawal as provided
for in this section and Sec. 70.7(f), and the Federal rule, emission
standard, or requirement that would have been applicable in the absence
of approval under this subpart will become the applicable requirement
for the source.
(iii) Any applicable Federal section 112 rule, emission standard or
requirement shall remain enforceable by the EPA as specified in section
112(l)(7) of the Act.
(iv) Voluntary withdrawal shall not be effective sooner than 180
days after the State notifies the EPA of its intent to voluntarily
withdraw.
[65 FR 55843, Sept. 14, 2000]
Sec. 63.97 Approval of a State program that substitutes for section
112 requirements.
Under this section, a State may seek approval of a State program to
be implemented and enforced in lieu of specified existing or future
Federal emission standards or requirements promulgated under section
112. A State may not seek approval under this section for a program that
implements and enforces part 68 requirements.
(a) Up-front approval process. (1) After receiving a complete
request for approval of a State program submitted under paragraph (b)(1)
or (b)(2) of this section and making a preliminary determination on
whether to approve it, the Administrator will seek public comment for 21
days through a Federal Register notice. At its discretion, the State may
include in this submittal a request for approval of specific alternative
requirements under paragraph (b)(3) of this section.
(2) [Reserved]
(3) The Administrator will require that comments be submitted
concurrently to the State.
(4) If, after review of all public comments and State responses to
comments submitted to the Administrator, the Administrator finds that
the criteria of paragraph (b) of this section
[[Page 130]]
and the criteria of Sec. 63.91 are met, the Administrator will approve
or partially approve the State program. The approved State program will
be published in the Federal Register and incorporated, directly or by
reference, in the appropriate subpart of part 63.
(5) If the Administrator finds that any of the criteria of paragraph
(b) of this section or Sec. 63.91 have not been met, the Administrator
will partially approve or disapprove the State program.
(6) The Administrator will either approve, partially approve, or
disapprove the State request:
(i) Within 90 days after receipt of a complete request for approval
of a State program submitted under paragraph (b)(1) or (b)(2) of this
section; or
(ii) Within 180 days after receipt of a complete request for
approval of a State program submitted under paragraphs (b)(1) or (b)(2)
and paragraph (b)(3) of this section.
(b) Criteria for up-front approval. Any request for program approval
under this section shall meet all of the criteria of this paragraph and
Sec. 63.91 before approval.
(1) For every request for program approval under this section, the
State shall provide the Administrator, to the extent possible, with an
identification of the initial specific source categories listed pursuant
to section 112(c) and an identification of all existing and future
section 112 emission standards or other requirements for which the State
is seeking authority to implement and enforce alternative requirements
under this section.
(2) If, after approval of the initial list of specific source
categories identified in paragraph (b)(1) of this section, the State
adds source categories for approval under this option, the State shall
submit an addendum to the approval submission, and identify the addition
to the list.
(3) In addition, the State may provide the Administrator with one or
more of the following program elements for approval under this
paragraph:
(i) Alternative requirements in State rules, regulations, or general
permits (or other enforceable mechanisms) that apply generically to one
or more categories of sources and for which the State seeks approval to
implement and enforce in lieu of specific existing Federal section 112
emission standards or requirements. The Administrator may approve or
disapprove the alternative requirements in these rules, regulations, or
permits when approving or disapproving the State's up-front submittal
under this paragraph. After approval of the alternative generic rules,
regulations or general permits, and after new Federal emission standards
or requirements are promulgated, the State may extend the applicability
of approved generic alternative requirements to additional source
categories by repeating the approval process specified in paragraph (a)
of this section. To be approvable, any request for approval of generic
alternative requirements during the up-front approval process shall meet
the criteria in paragraph (d) of this section.
(ii) A description of the mechanisms that are enforceable as a
matter of State law that the State will use to implement and enforce
alternative requirements for area sources. The mechanisms that may be
approved under this paragraph include title V permits, title V general
permits, Federal new source review permits, board and administrative
orders, permits issued pursuant to permit templates, state permits, and
State rules that apply to categories of sources. The State shall
demonstrate to the Administrator that the State has adequate resources
and authorities to implement and enforce alternative section 112
requirements using the State mechanisms.
(c) Approval process for alternative requirements. (1) After
promulgation of a Federal emission standard or requirement for which the
State has program approval under this section to implement and enforce
alternative requirements, the State shall provide the Administrator with
alternative requirements that are sufficient, in the Administrator's
judgement, to allow the Administrator to determine equivalency under
paragraph (d) of this section. The alternative requirements shall
reflect all of the requirements of the otherwise applicable Federal
section 112 rule, emission standard, or requirement, including any
alternative requirements that the State is seeking
[[Page 131]]
to implement and enforce. Alternative requirements submitted for
approval under this paragraph shall be contained in rules, regulations,
general permits, or other mechanisms that apply to and are enforceable
under State law for categories of sources. State policies are not
approvable under this section unless they are incorporated into
specific, enforceable, alternative requirements in rules, permits, or
other mechanisms that apply to categories of sources.
(2) [Reserved]
(3) After receiving a complete request for approval under this
section and making a preliminary determination on its equivalence, the
Administrator will seek public comment for a minimum of 21 days through
a Federal Register notice. The Administrator will require that comments
be submitted concurrently to the State.
(4) If, after review of public comments and any State responses to
comments submitted to the Administrator, the Administrator finds that
the criteria of paragraph (d) of this section and the criteria of Sec.
63.91 are met, the Administrator will approve the State's alternative
requirements. The approved alternative requirements will be published in
the Federal Register and incorporated, directly or by reference, in the
appropriate subpart of part 63.
(5) If the Administrator finds that any of the requirements of
paragraph (d) of this section or Sec. 63.91 have not been met, the
Administrator will partially approve or disapprove the State's
alternative requirements. For any partial approvals or disapprovals, the
Administrator will provide the State with the basis for the partial
approval or disapproval and what action the State can take to make the
alternative requirements approvable.
(6) Within 180 days of receiving a complete request for approval
under this paragraph, the Administrator will either approve, partially
approve, or disapprove the State request.
(7) Nothing in this section precludes the State from submitting
alternative requirements for approval under this paragraph at the same
time the State submits its program to the Administrator for up-front
approval under paragraph (a) of this section, provided that the Federal
rules, emission standards, or requirements for which the State submits
alternative requirements are promulgated at the time of the State's
submittal. If the Administrator finds that the criteria of Sec. 63.91
and the criteria of paragraphs (b) and (d) of this section are met, the
Administrator will approve both the State program and the alternative
requirements within 180 days of receiving a complete request for
approval. Alternatively, following up-front approval, the State may
submit alternative requirements for approval under this paragraph at any
time after promulgation of the Federal emission standards or
requirements.
(d) Approval criteria for alternative requirements. Any request for
approval under this paragraph shall meet the following criteria. Taken
together, the criteria in this paragraph describe the minimum contents
of a State's equivalency demonstration for a promulgated Federal section
112 rule, emission standard, or requirement. To be approvable, the State
submittal must contain sufficient detail to allow the Administrator to
make a determination of equivalency between the State's alternative
requirements and the Federal requirements. Each submittal of alternative
requirements for a category of sources shall:
(1) Include copies of all State rules, regulations, permits, or
other enforceable mechanisms that contain the alternative requirements
for which the State is seeking approval. These documents shall also
contain requirements that reflect all of the requirements of the
otherwise applicable Federal section 112 rules, emission standards or
requirements for which the State is not submitting alternatives. The
State shall identify for the Administrator the specific requirements
with which sources in a source category are required to comply,
including the specific alternative requirements.
(2) Identify specifically how the alternative requirements are the
same as or differ from the requirements in the otherwise applicable
Federal rule, emission standards, or requirements (including any
applicable requirements
[[Page 132]]
in subpart A or other subparts or appendices). The State shall provide
this identification in a side-by-side comparison of the State's
requirements and the requirements of the Federal rule, emission
standards, or requirements.
(3) The State shall provide the Administrator with detailed
documentation that demonstrates the State's belief that the alternative
requirements meet the criteria specified in Sec. 63.93(b) of this
subpart, i.e., that the alternative requirements are at least as
stringent as the otherwise applicable Federal requirements.
[65 FR 55844, Sept. 14, 2000]
Sec. 63.98 [Reserved]
Sec. 63.99 Delegated Federal authorities.
(a) This section lists the specific source categories that have been
delegated to the air pollution control agencies in each State under the
procedures described in this subpart.
(1) Alabama. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the Alabama Department
of Environmental Management for all sources. The ``X'' symbol is used to
indicate each subpart that has been delegated. The delegations are
subject to all of the conditions and limitations set forth in Federal
law, regulations, policy, guidance, and determinations. Some authorities
cannot be delegated and are retained by EPA. These include certain
General Provisions authorities and specific parts of some standards.
Part 63 Major & Area Source Rule Delegations--Alabama \1\
------------------------------------------------------------------------
Source category Subpart ADEM \2\ JCDH \3\ HDNR \4\
------------------------------------------------------------------------
1....... HON................ F, G, H, I X X X
2....... Polyvinyl Chloride J
& Co-polymers,
VACATED on 5/11/05.
3....... Coke Ovens......... L X X X
4....... Dry Cleaners....... M X X X
5....... Chromium N X X X
Electroplating.
6....... EtO Commercial O X X X
Sterilization.
7....... Chromium Cooling Q X X X
Towers.
8....... Gasoline R X X X
Distribution
(stage 1).
9....... Pulp & Paper I..... S X X X
10...... Halogenated Solvent T X X X
Cleaning.
11...... Polymer & Resins 1. U X X X
12...... Polymer & Resins 2. W X X X
13...... Secondary Lead X X X X
Smelters.
14...... Marine Tank Vessel Y X X
Loading.
15...... Phosphoric Acid Mfg AA X X X
16...... Phosphate BB X X X
Fertilizers Prod.
17...... Petroleum CC X X X
Refineries.
18...... Offsite Waste & DD X X X
Recovery.
Tanks; Level 1.. OO X X X
Containers...... PP X X X
Surface QQ X X X
Impoundments.
Drain Systems... RR X X X
Oil-Water VV X X X
Separators.
19...... Magnetic Tape...... EE X X X
20...... Aerospace Industry. GG X X X
21...... Oil & Natural Gas HH X X X
Prod.
Area Source
Requirements
..
22.......................... Shipbuilding and Repair II X
23.......................... Wood Furniture Mfg..... JJ X
24.......................... Printing & Publishing.. KK X
25.......................... Primary Aluminum....... LL X
26.......................... Pulp & Paper II MM X
(Combustion sources).
27.......................... Generic MACT:
Control Devices..... SS X
Eq. Leaks--Level 1.. TT X
Eq. Leaks--Level 2.. UU X
Tanks--Level 2...... WW X
28.......................... Generic MACT:
Ethylene Mfg........ XX & YY X
[[Page 142]]
Carbon Black........ YY X
Spandex Prod........ YY X
Cyanide Chemical Mfg YY X
Acetal Resins....... YY X
Acrylic/Modacrylic YY X
Fibers.
Hydrogen Fluoride YY X
Prod.
Polycarbonates Prod. YY X
29.......................... Steel Pickeling........ CCC X
30.......................... Mineral Wool Prod...... DDD X
31.......................... Hazardous Waste EEE X
Combustion (Phase I).
32.......................... Boilers that burn Haz. EEE X
Waste (Phase II).
33.......................... HCL Prod. Furnaces EEE X
burning Haz. Waste (P
II).
34.......................... Pharmaceutical Prod.... GGG X
35.......................... Nat. Gas Transmission & HHH X
Storage.
36.......................... Flexible Polyurethane III X
Foam Prod.
37.......................... Polymer & Resins 4..... JJJ X
38.......................... Portland Cement........ LLL X
39.......................... Pesticide Active MMM X
Ingredients.
40.......................... Wool Fiberglass........ NNN X
41.......................... Polymer & Resins 3 OOO X
(Amino & Phenolic).
42.......................... Polyether Polyols Prod. PPP X
43.......................... Primary Copper......... QQQ X
44.......................... Secondary Aluminum Prod RRR X
45.......................... Primary Lead Smelting.. TTT X
46.......................... Petro Refineries (FCC UUU X
units).
47.......................... POTW................... VVV X
48.......................... Ferroalloys............ XXX X
49.......................... Municipal Landfills.... AAAA X
50.......................... Nutritional Yeast...... CCCC X
51.......................... Plywood and Composite DDDD X
Wood Prod. (Partial
Vacatur Oct. 07).
52.......................... Organic Liquids EEEE X
Distribution (non-gas).
53.......................... Misc. Organic NESHAP... FFFF X
54.......................... Vegetable Oil.......... GGGG X
55.......................... Wet Formed Fiberglass.. HHHH X
56.......................... Auto & Light Duty Truck IIII X
(coating).
57.......................... Paper & Other Webs..... JJJJ X
58.......................... Metal Can (coating).... KKKK X
59.......................... Misc. Metal Parts MMMM X
(coating).
60.......................... Large Appliances NNNN X
(coating).
61.......................... Printing, Coating, & OOOO X
Dyeing Fabrics.
62.......................... Plastic Parts & PPPP X
Products (coating).
63.......................... Wood Building Products. QQQQ X
64.......................... Metal Furniture RRRR X
(coating).
65.......................... Metal Coil (coating)... SSSS X
66.......................... Leather Tanning & TTTT X
Finishing.
67.......................... Cellulose Ethers Prod. UUUU X
Misc. Viscose
Processes.
68.......................... Boat Manufacturing..... VVVV X
69.......................... Reinforced Plastic WWWW X
Composites.
70.......................... Rubber Tire Mfg........ XXXX X
71.......................... Stationary Combustion YYYY X
Turbines.
72.......................... Reciprocating Int. ZZZZ X
Combustion Engines.
Area Source
Requirements ..
73.......................... Lime Manufacturing..... AAAAA X
74.......................... Semiconductor BBBBB X
Production.
75.......................... Coke Ovens: (Push/ CCCCC X
Quench/Battery/Stacks).
76.......................... Industrial/Commercial/ DDDDD
Institutional Boilers
& Process Heaters,
VACATED on 7/30/07.
77.......................... Iron Foundries......... EEEEE X
78.......................... Integrated Iron & Steel FFFFF X
79.......................... Site Remediation....... GGGGG X
80.......................... Misc. Coating HHHHH X
Manufacturing.
81.......................... Mercury Cell Chlor- IIIII X
Alkali.
82.......................... Brick & Structural Clay JJJJJ X
Products, VACATED on 6/
18/07.
83.......................... Clay Ceramics KKKKK X
Manufacturing, VACATED
on 6/18/07.
84.......................... Asphalt Roofing & LLLLL X
Processing.
85.......................... Flex. Polyurethane Foam MMMMM X
Fabrication.
86.......................... Hydrochloric Acid Prod/ NNNNN X
Fumed Silica.
87.......................... Engine & Rocket Test PPPPP X
Facilities.
88.......................... Friction Materials QQQQQ X
Manufacturing.
89.......................... Taconite Iron Ore...... RRRRR X
[[Page 143]]
90.......................... Refactories............ SSSSS X
91.......................... Primary Magnesium...... TTTTT X
----------------------------------------------------------------------------------------------------------------
Area Source Rules
----------------------------------------------------------------------------------------------------------------
92.......................... Hospital Sterilizers... WWWWW
93.......................... Stainless and YYYYY X
Nonstainless Steel
Mfg. Electric Arc
Furnaces.
94.......................... Iron & Steel foundries. ZZZZZ X
95.......................... Gasoline Distribution-- BBBBBB
Bulk.
96.......................... Gasoline Dispensing CCCCCC
Facilities.
97.......................... PVC & Copolymers Prod.. DDDDDD X
98.......................... Primary Copper......... EEEEEE X
99.......................... Secondary Copper FFFFFF X
Smelting.
100......................... Primary Nonferrous GGGGGG X
Metals.
101......................... Paint Stripping........ HHHHHH
Auto-Body Refinishing..
Plastic Parts & Prod.
(coating).
102......................... Acrylic/Modacrylic LLLLLL X
Fibers Prod.
103......................... Carbon Black Prod...... MMMMMM X
104......................... Chemical Mfg. Chrom.... NNNNNN X
105......................... Flex. Polyurethane Foam OOOOOO X
Fab.
Flex. Polyurethane Foam
Prod.
106......................... Lead Acid Battery Mfg.. PPPPPP X
107......................... Wood Preserving........ QQQQQQ X
108......................... Clay Ceramics Mfg...... RRRRRR X
109......................... Glass Mfg.............. SSSSSS X
110......................... Secondary Nonferrous TTTTTT X
Metals.
110......................... Plating and Polishing.. WWWWWW
112......................... Industrial Mach. & Eq. XXXXXX
Finishing.
Elect. & Electronics
Eq. Finishing.
Fabricated Metal Prod..
Fabricated Plate Work
(Boiler Shop).
Fabricated Structural
Metal Mfg.
Heating Eq. Mfg........
Iron and Steel Forging.
Primary Metals Prod.
Mfg.
Valves and Pipe
Fittings Mfg.
113......................... Ferroalloys Production. YYYYYY
Ferro/Silico Manganese
----------------------------------------------------------------------------------------------------------------
\1\ State program approved on October 1, 2001. Delegation table last updated on December 19, 2008.
(ii) [Reserved]
(11) Georgia. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the Georgia
Environmental Protection Division (GEPD) for all sources. The ``X''
symbol is used to indicate each subpart that has been delegated. The
delegations are subject to all of the conditions and limitations set
force in Federal law, regulations, policy, guidance, and determinations.
Some authorities cannot be delegated and are retained by EPA. These
include certain General Provisions authorities and specific parts of
some standards.
Part 63 Major & Area Source Rule Delegations--Georgia \1\
----------------------------------------------------------------------------------------------------------------
Source category Subpart GEPD
----------------------------------------------------------------------------------------------------------------
1........................... HON.................... F, G, H, I X
2........................... Polyvinyl Chloride & Co- J X
polymers VACATED on 5/
11/05.
3........................... Coke Ovens............. L X
4........................... Dry Cleaners........... M X
5........................... Chromium Electroplating N X
6........................... EtO Commercial O X
Sterilization.
7........................... Chromium Cooling Towers Q X
8........................... Gasoline Distribution R X
(stage 1).
9........................... Pulp & Paper I......... S X
10.......................... Halogenated Solvent T X
Cleaning.
11.......................... Polymer & Resins 1..... U X
[[Page 144]]
12.......................... Polymer & Resins 2..... W X
13.......................... Secondary Lead Smelters X X
14.......................... Marine Tank Vessel Y X
Loading.
15.......................... Phosphoric Acid Mfg.... AA X
16.......................... Phosphate Fertilizers BB X
Prod.
17.......................... Petroleum Refineries... CC X
18.......................... Offsite Waste & DD X
Recovery.
Tanks; Level 1...... OO X
Containers.......... PP X
Surface Impoundments QQ X
Drain Systems....... RR X
Oil-Water Separators VV X
19.......................... Magnetic Tape.......... EE X
20.......................... Aerospace Industry..... GG X
21.......................... Oil & Natural Gas Prod. HH X
Area Source
Requirements ..
22.......................... Shipbuilding and Repair II X
23.......................... Wood Furniture Mfg..... JJ X
24.......................... Printing & Publishing.. KK X
25.......................... Primary Aluminum....... LL
26.......................... Pulp & Paper II MM X
(Combustion sources).
27.......................... Generic MACT:
Control Devices..... SS X
Eq. Leaks--Level 1.. TT X
Eq. Leaks--Level 2.. UU X
Tanks--Level 2...... WW X
28.......................... Generic MACT:
Ethylene Mfg........ XX & YY X
Carbon Black........ YY X
Spandex Prod........ YY X
Cyanide Chemical Mfg YY X
Acetal Resins....... YY X
Acrylic/Modacrylic YY X
Fibers.
Hydrogen Fluoride YY X
Prod.
Polycarbonates Prod. YY X
29.......................... Steel Pickeling........ CCC X
30.......................... Mineral Wool Prod...... DDD X
31.......................... Hazardous Waste EEE X
Combustion (Phase I).
32.......................... Boilers that burn Haz. EEE X
Waste (Phase II).
33.......................... HCL Prod. Furnaces EEE X
burning Haz. Waste (P
II).
34.......................... Pharmaceutical Prod.... GGG X
35.......................... Nat. Gas Transmission & HHH X
Storage.
36.......................... Flexible Polyurethane I I I X
Foam Prod.
37.......................... Polymer & Resins 4..... JJJ X
38.......................... Portland Cement........ LLL X
39.......................... Pesticide Active MMM X
Ingredients.
40.......................... Wool Fiberglass........ NNN X
41.......................... Polymer & Resins 3 OOO X
(Amino & Phenolic).
42.......................... Polyether Polyols Prod. PPP X
43.......................... Primary Copper......... QQQ X
44.......................... Secondary Aluminum Prod RRR X
45.......................... Primary Lead Smelting.. TTT X
46.......................... Petro Refineries (FCC UUU X
units).
47.......................... POTW................... VVV X
48.......................... Ferroalloys............ XXX X
49.......................... Municipal Landfills.... AAAA X
50.......................... Nutritional Yeast...... CCCC X
51.......................... Plywood and Composite DDDD X
Wood Prod. (Partial
Vacatur Oct. 07).
52.......................... Organic Liquids EEEE X
Distribution (non-gas).
53.......................... Misc. Organic NESHAP... FFFF X
54.......................... Vegetable Oil.......... GGGG X
55.......................... Wet Formed Fiberglass.. HHHH X
56.......................... Auto & Light Duty Truck IIII X
(coating).
57.......................... Paper & Other Webs..... JJJJ X
58.......................... Metal Can (coating).... KKKK X
59.......................... Misc. Metal Parts MMMM X
(coating).
60.......................... Large Appliances NNNN X
(coating).
61.......................... Printing, Coating, & OOOO X
Dyeing Fabrics.
62.......................... Plastic Parts & PPPP X
Products (coating).
63.......................... Wood Building Products. QQQQ X
64.......................... Metal Furniture RRRR X
(coating).
[[Page 145]]
65.......................... Metal Coil (coating)... S S S S X
66.......................... Leather Tanning & TTTT X
Finishing.
67.......................... Cellulose Ethers Prod. UUUU X
Misc. Viscose
Processes.
68.......................... Boat Manufacturing..... VVVV X
69.......................... Reinforced Plastic WWWW X
Composites.
70.......................... Rubber Tire Mfg........ XXXX X
71.......................... Stationary Combustion YYYY X
Turbines.
72.......................... Reciprocating Int. ZZZZ X
Combustion Engines.
Area Source
Requirements ..
73.......................... Lime Manufacturing..... AAAAA X
74.......................... Semiconductor BBBBB X
Production.
75.......................... Coke Ovens: (Push/ CCCCC X
Quench/Battery/Stacks).
76.......................... Industrial/Commercial/ DDDDD
Institutional Boilers
& Process Heaters,
VACATED on 7/30/07.
77.......................... Iron Foundries......... EEEEE X
78.......................... Integrated Iron & Steel FFFFF X
79.......................... Site Remediation....... GGGGG X
80.......................... Misc. Coating HHHHH X
Manufacturing.
81.......................... Mercury Cell Chlor- IIIII X
Alkali.
82.......................... Brick & Structural Clay JJJJJ
Products, VACATED on 6/
18/07.
83.......................... Clay Ceramics KKKKK
Manufacturing, VACATED
on 6/18/07.
84.......................... Asphalt Roofing & LLLLL X
Processing.
85.......................... Flex. Polyurethane Foam MMMMM X
Fabrication.
86.......................... Hydrochloric Acid Prod/ NNNNN X
Fumed Silica.
87.......................... Engine & Rocket Test PPPPP X
Facilities.
88.......................... Friction Materials QQQQQ X
Manufacturing.
89.......................... Taconite Iron Ore...... RRRRR X
90.......................... Refactories............ SSSSS X
91.......................... Primary Magnesium...... TTTTT X
----------------------------------------------------------------------------------------------------------------
Area Source Rules
----------------------------------------------------------------------------------------------------------------
92.......................... Hospital Sterilizers... WWWWW
93.......................... Stainless and YYYYY
Nonstainless Steel
Mfg. Electric Arc
Furnaces.
94.......................... Iron & Steel foundries. ZZZZZ
95.......................... Gasoline Distribution-- BBBBBB
Bulk.
96.......................... Gasoline Dispensing CCCCCC
Facilities.
97.......................... PVC & Copolymers Prod.. DDDDDD
98.......................... Primary Copper......... EEEEEE
99.......................... Secondary Copper FFFFFF
Smelting.
100......................... Primary Nonferrous GGGGGG
Metals.
Paint Stripping........
101......................... Auto-Body Refinishing.. HHHHHH
Plastic Parts & Prod.
(coating).
102......................... Acrylic/Modacrylic LLLLLL
Fibers Prod.
103......................... Carbon Black Prod...... MMMMMM
104......................... Chemical Mfg. Chrom.... NNNNNN
Flex. Polyurethane Foam
Fab.
105......................... Flex. Polyurethane Foam OOOOOO
Prod.
106......................... Lead Acid Battery Mfg.. PPPPPP
107......................... Wood Preserving........ QQQQQQ
108......................... Clay Ceramics Mfg...... RRRRRR
109......................... Glass Mfg.............. SSSSSS
110......................... Secondary Nonferrous TTTTTT
Metals.
110......................... Plating and Polishing.. WWWWWW
112......................... Industrial Mach. & Eq. XXXXXX
Finishing.
Elect. & Electronics
Eq. Finishing.
Fabricated Metal Prod..
Fabricated Plate Work
(Boiler Shop).
Fabricated Structural
Metal Mfg.
Heating Eq. Mfg........
Iron and Steel Forging.
Primary Metals Prod.
Mfg.
Valves and Pipe
Fittings Mfg.
113......................... Ferroalloys Production. YYYYYY
Ferro/Silico Manganese
----------------------------------------------------------------------------------------------------------------
\1\ State program approved on June 8, 2000. Delegation table last updated on September 15, 2008.
[[Page 146]]
(ii) Georgia Environmental Protection Division (GEPD) may implement
and enforce alternative requirements in the form of title V permit terms
and conditions for International Paper Augusta Mill, Augusta, Georgia,
for subpart S of this part--National Emission Standards for Hazardous
Air Pollutants from the Pulp and Paper Industry. This action is
contingent upon GEPD including, in title V permits, terms and conditions
that are no less stringent than the Federal standard. In addition, the
requirement applicable to the source remains the Federal section 112
requirement until EPA has approved the alternative permit terms and
conditions and the final title V permit is issued.
(12) [Reserved]
(13) Idaho. (i) The following table lists the specific part 63
subparts that have been delegated unchanged to the Idaho Department of
Environmental Quality. The (X) symbol indicates that all or part of the
subpart is delegated, subject to the conditions and limits in EPA's
action:
Delegation Status of Part 63 NESHAPS--State of Idaho \1\
------------------------------------------------------------------------
Subpart IDEQ
------------------------------------------------------------------------
A. General Provisions........................................... X
D. Early Reductions............................................. X
F. HON-SOCMI.................................................... X
G. HON-Process Vents............................................ X
H. HON-Equipment Leaks.......................................... X
I. HON-Negotiated Leaks......................................... X
L. Coke Oven Batteries.......................................... X
M. Perchloroethylene Dry Cleaning............................... X
N. Chromium Electroplating...................................... X
O. Ethylene Oxide Sterilizers................................... X
Q. Industrial Process Cooling Towers............................ X
R. Gasoline Distribution........................................ X
S. Pulp and Paper............................................... X
T. Halogenated Solvent Cleaning................................. X
U. Polymers and Resins I........................................ X
W. Polymers and Resins II--Epoxy................................ X
X. Secondary Lead Smelting...................................... X
Y. Marine Tank Vessel Loading................................... X
AA. Phosphoric Acid Manufacturing Plants........................ X
BB. Phosphate Fertilizers Production Plants..................... X
CC. Petroleum Refineries........................................ X
DD. Off-Site Waste and Recovery................................. X
EE. Magnetic Tape Manufacturing................................. X
GG. Aerospace Manufacturing & Rework............................ X
HH. Oil and Natural Gas Production Facilities................... X
II. Shipbuilding and Ship Repair................................ X
JJ. Wood Furniture Manufacturing Operations..................... X
KK. Printing and Publishing Industry............................ X
LL. Primary Aluminum............................................ X
OO. Tanks--Level 1.............................................. X
PP. Containers.................................................. X
QQ. Surface Impoundments........................................ X
RR. Individual Drain Systems.................................... X
SS. Closed Vent Systems, Control Devices, Recovery Devices and
Routing to a Fuel Gas System or Process........................
TT. Equipment Leaks--Control Level 1............................ X
UU. Equipment Leaks--Control Level 2............................ X
VV. Oil-Water Separators and Organic-Water Separators........... X
WW. Storage Vessels (Tanks)--Control Level 2.................... X
YY. Source Categories: Generic MACT............................. X
CCC. Steel Pickling--HCl Process Facilities and Hydrochloric X
Acid Regeneration Plants.......................................
DDD. Mineral Wool Production.................................... X
EEE. Hazardous Waste Combustors................................. X
GGG. Pharmaceuticals Production................................. X
HHH. Natural Gas Transmission and Storage Facilities............ X
III. Flexible Polyurethane Foam Production...................... X
JJJ. Polymers and Resins IV..................................... X
LLL. Portland Cement Manufacturing.............................. X
MMM. Pesticide Active Ingredient Production..................... X
NNN. Wool Fiberglass Manufacturing.............................. X
OOO. Manufacture of Amino Phenolic Resins....................... X
PPP. Polyether Polyols Production............................... X
RRR. Secondary Aluminum Production.............................. X
TTT. Primary Lead Smelting...................................... X
VVV. Publicly Owned Treatment Works............................. X
XXX. Ferroalloys Production: Ferromanganese & Silicomanganese... X
------------------------------------------------------------------------
\1\ Delegation is for major sources only and subject to all federal law,
regulations, policy and guidance.
(ii) [Reserved]
(14)-(17) [Reserved]
(18) Kentucky.
(i) The following table lists the specific part 63 standards that
have been delegated unchanged to the Louisiana Department of
Environmental Quality for all sources. The ``X'' symbol is used to
indicate each subpart that has been delegated. The delegations are
subject to all of the conditions and limitations set forth in Federal
law, regulations, policy, guidance, and determinations. Some authorities
cannot be delegated and are retained by EPA. These include certain
General Provisions authorities and specific parts of some standards. Any
amendments made to these rules after the date of adoption are not
delegated.
Delegation Status for Part 63 Standards--State of Louisiana
------------------------------------------------------------------------
Subpart Source category LDEQ \1\
------------------------------------------------------------------------
A................. General Provisions.............. X
D................. Early Reductions................ NO
[[Page 147]]
F,G,H & I......... SOCMI HON....................... X
J................. Polyvinyl Chloride & Copolymers NO \2\
Production.
L................. Coke Oven Batteries............. X
M................. Perchloroethylene--Dry Cleaners. X
N................. Chromium........................ X
O................. Ethylene Oxide Sterilization.... X
Q................. Industrial Process Cooling X
Towers.
R................. Gasoline Distribution........... X
S................. Pulp & Paper MACT I............. X
T................. Halogenated Solvent............. X
U................. Polymers & Resins/Group I....... X
W................. Epoxy Resins and Non-Nylon X
Polyamides.
X................. Secondary Lead Smelting......... X
Y................. Marine Vessel Loading........... X
AA/BB............. Phosphoric Acid/Phosphate X
Fertilizers.
CC................ Petroleum Refineries (MACT I)... X
DD................ Offsite Waste & Recovery........ X
EE................ Magnetic Tape Mfg............... X
GG................ Aerospace Mfg and Rework........ X
HH................ Oil & Natural Gas Production.... X
II................ Shipbuilding & Ship Repair...... X
JJ................ Wood Furniture Manufacturing.... X
KK................ Printing & Publishing........... X
LL................ Primary Aluminum Reduction X
Plants.
MM................ Combustion Sources at Kraft, X
Soda, and Sulfite Pulp & Paper
Mills.
OO................ Storage Vessels (Tanks)--Control X
Level 1.
PP................ Standards for Containers........ X
QQ................ Standards for Surface X
Impoundments.
RR................ Standards for Individual Drain X
Systems.
SS................ Closed Vent Systems, Control X
Devices, Recovery Devices &
Routing to a Fuel Gas System or
a Process.
TT................ Equipment Leaks--Control Level 1 X
UU................ Equipment Leaks--Control Level 2 X
VV................ Standards for Oil-Water X
Separators & Organic-Water
Separators.
WW................ Storage Vessels (Tanks)--Control X
Level 2.
XX................ Ethylene Manufacturing Process X
Units: Heat Exchange Systems &
Waste Operations.
YY................ Acetal Resins................... X
YY................ Acrylic/Modacrylic Fibers....... X
YY................ Carbon Black Production......... X
YY................ Cyanide Chemicals Mfg........... X
YY................ Ethylene Production............. X
YY................ Hydrogen Fluoride............... X
YY................ Polycarbonates Production....... X
YY................ Spandex Production.............. X
CCC............... Steel Pickling--HCL Process X
Facilities and Hydrochloric
Acid Regeneration Plants.
DDD............... Standards for Mineral-Wool X
Production.
EEE............... Standards for Hazardous Waste X
Combustors.
GGG............... Standards for Pharmaceuticals X
Production.
HHH............... Standards for Natural Gas X
Transmission & Storage.
III............... Flexible Polyurethane Foam X
Production.
JJJ............... Polymers & Resins/Group IV...... X
LLL............... Portland Cement Manufacturing... X
MMM............... Pesticide Active Ingredient X
Production.
NNN............... Wool Fiberglass................. X
OOO............... Polymers & Resins III Amino X
Resins, Phenolic Resins.
PPP............... Polyether Polyols Production.... X
QQQ............... Primary Copper Smelting......... X
RRR............... Secondary Aluminum Production... X
TTT............... Primary Lead Smelting........... X
UUU............... Petroleum Refineries (Catalytic X
Cracking Units, Catalytic
Reforming Units and Sulfur
Recovery Plants).
VVV............... Publicly Owned Treatment Works X
(POTW).
XXX............... Ferroalloys Production.......... X
ZZZ............... Plywood/Particle Board NO
Manufacturing.
AAAA.............. Municipal Solid Waste Landfills. X
CCCC.............. Nutritional Yeast Manufacturing. X
DDDD.............. Plywood & Composite Wood NO
Products.
EEEE.............. Organic Liquids Distribution X
(Non-Gasoline).
FFFF.............. Miscellaneous Organic........... X
GGGG.............. Solvent Extraction for Vegetable X
Oil Production.
HHHH.............. Wet-Formed Fiberglass Mat X
Production.
IIII.............. Auto & Light Duty Truck (Surface X
Coating).
[[Page 148]]
JJJJ.............. Paper & Other Webs (Surface X
Coating).
KKKK.............. Metal Can (Surface Coating)..... X
MMMM.............. Misc. Metal Parts (Surface X
Coating).
NNNN.............. Large Appliances (Surface X
Coating).
OOOO.............. Fabric Printing, Coating & X
Dyeing (Surface Coating).
PPPP.............. Plastic Parts & Products X
(Surface Coating).
QQQQ.............. Wood Building Products (formerly X
Flat Wood Paneling) (Surface
Coating).
RRRR.............. Metal Furniture (Surface X
Coating).
SSSS.............. Metal Coil (Surface Coating).... X
TTTT.............. Leather-Finishing Operations.... X
UUUU.............. Cellulose Products.............. X
VVVV.............. Boat Manufacturing.............. X
WWWW.............. Reinforced Plastics Composites X
Production.
XXXX.............. Rubber Tire Manufacturing....... X
YYYY.............. Combustion Turbines............. X
ZZZZ.............. Reciprocating Internal X
Combustion Engines (RICE).
AAAAA............. Lime Manufacturing Plants....... X
BBBBB............. Semiconductor Manufacturing..... X
CCCCC............. Coke Oven; Pushing, Quenching, & X
Battery Stacks.
DDDDD............. Industrial, Commercial & NO \2\
Institutional Boilers & Process
Heaters.
EEEEE............. Iron & Steel Foundries.......... X
FFFFF............. Integrated Iron & Steel X
Manufacturing Facilities.
GGGGG............. Site Remediation................ X
HHHHH............. Miscellaneous Coating X
Manufacturing.
IIIII............. Mercury Cell Chlor-Alkali Plants NO \2\
JJJJJ............. Brick & Structural Clay Products NO \2\
Manufacturing.
KKKKK............. Clay Ceramics Manufacturing..... NO \2\
LLLLL............. Asphalt Roofing and Processing.. X
MMMMM............. Flexible Polyurethane Foam X
Fabrication Operation.
NNNNN............. Hydrochloric Acid Production.... X
PPPPP............. Engine Test Cells/Stands X
(Combined w/Rocket Testing
Facilities).
QQQQQ............. Friction Products Manufacturing. X
RRRRR............. Taconite Ore Processing......... X
SSSSS............. Refractory Products X
Manufacturing.
TTTTT............. Primary Magnesium Refining...... X
YYYYY............. Electric Arc Furnace Steelmaking X
Facilities.
BBBBBB............ Gasoline Distribution Terminals. X
CCCCCC............ Gasoline Dispensing Facilities.. X
DDDDDD............ Polyvinyl Chloride and X
Copolymers Production.
EEEEEE............ Primary Copper Smelting......... X
FFFFFF............ Secondary Copper Smelting....... X
GGGGGG............ Primary Nonferrous Metals Zinc, X
Cadmium, and Beryllium.
HHHHHH............ Paint Stripping and X
Miscellaneous Surface Coating.
LLLLLL............ Acrylic/Modacrylic Fibor........ X
MMMMMM............ Carbon Black Production......... X
NNNNNN............ Chromium Compounds.............. X
PPPPPP............ Lead Acid Battery Mfg........... X
QQQQQQ............ Wood Preserving................. X
RRRRRR............ Clay Ceramics Mfg............... X
SSSSSS............ Glass Manufacturing............. X
TTTTTT............ Secondary Nonferrous Metals X
Processing (Brass, Bronze,
Magnesium, & Zinc).
UUUUUU--VVVVVV.... (Reserved).
WWWWWW............ Plating and Polishing Operations X
XXXXXX............ Metal Fabrication & Finishing X
Source Nine Categories.
YYYYYY............ Ferroalloys Production X
Facilities.
ZZZZZZ............ (Reserved).
------------------------------------------------------------------------
\1\ Federal Rules Adopted by Louisiana Department of Environmental
Quality (LDEQ), unchanged as of June 16, 2006.
\2\ Although previously delegated to some States, this standard has been
vacated and remanded to EPA by the U.S. Court of Appeals for District
of Columbia Circuit. Therefore, this standard is not delegated at this
time to any States in Region 6.
(ii) [Reserved]
(19) Louisiana. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the Louisiana Department
of Environmental Quality for all sources. The ``X'' symbol is used to
indicate each subpart that has been delegated. The delegations are
subject to all of the conditions and limitations set forth in
[[Page 149]]
Federal law, regulations, policy, guidance, and determinations. Some
authorities cannot be delegated and are retained by EPA. These include
certain General Provisions authorities and specific parts of some
standards. Any amendments made to these rules after the date of adoption
are not delegated.
Delegation Status for Part 63 Standards--State of Louisiana \1\
------------------------------------------------------------------------
Subpart Source category LDEQ 2, 3
------------------------------------------------------------------------
A......................... General Provisions....... X
F......................... Hazardous Organic NESHAP X
(HON)--Synthetic Organic
Chemical Manufacturing
Industry (SOCMI).
G......................... HON--SOCMI Process Vents, X
Storage Vessels,
Transfer Operations and
Wastewater.
H......................... HON--Equipment Leaks..... X
I......................... HON--Certain Processes X
Negotiated Equipment
Leak Regulation.
J......................... Polyvinyl Chloride and X \4\
Copolymers Production.
K......................... (Reserved)............... .................
L......................... Coke Oven Batteries...... X
M......................... Perchloroethylene Dry X
Cleaning.
N......................... Chromium Electroplating X
and Chromium Anodizing
Tanks.
O......................... Ethylene Oxide X
Sterilizers.
P......................... (Reserved)............... .................
Q......................... Industrial Process X
Cooling Towers.
R......................... Gasoline Distribution.... X
T......................... Halogenated Solvent X
Cleaning.
U......................... Group I Polymers and X
Resins.
V......................... (Reserved)............... .................
W......................... Epoxy Resins Production X
and Non-Nylon Polyamides
Production.
X......................... Secondary Lead Smelting.. X
Y......................... Marine Tank Vessel X
Loading.
Z......................... (Reserved)............... .................
AA........................ Phosphoric Acid X
Manufacturing Plants.
BB........................ Phosphate Fertilizers X
Production Plants.
CC........................ Petroleum Refineries..... X
DD........................ Off-Site Waste and X
Recovery Operations.
EE........................ Magnetic Tape X
Manufacturing.
FF........................ (Reserved)............... .................
GG........................ Aerospace Manufacturing X
and Rework Facilities.
HH........................ Oil and Natural Gas X
Production Facilities.
II........................ Shipbuilding and Ship X
Repair Facilities.
JJ........................ Wood Furniture X
Manufacturing Operations.
KK........................ Printing and Publishing X
Industry.
LL........................ Primary Aluminum X
Reduction Plants.
MM........................ Chemical Recovery X
Combustion Sources at
Kraft, Soda, Sulfide,
and Stand-Alone
Semichemical Pulp Mills.
NN........................ (Reserved)............... .................
OO........................ Tanks--Level 1........... X
PP........................ Containers............... X
QQ........................ Surface Impoundments..... X
RR........................ Individual Drain Systems. X
SS........................ Closed Vent Systems, X
Control Devices,
Recovery Devices and
Routing to a Fuel Gas
System or a Process.
TT........................ Equipment Leaks--Control X
Level 1.
UU........................ Equipment Leaks--Control X
Level 2 Standards.
VV........................ Oil-Water Separators and X
Organic-Water Separators.
WW........................ Storage Vessels (Tanks)-- X
Control Level 2.
XX........................ Ethylene Manufacturing X
Process Units: Heat
Exchange Systems and
Waste Operations.
YY........................ Generic Maximum X
Achievable Control
Technology Standards.
ZZ-BBB.................... (Reserved)............... .................
CCC....................... Steel Pickling--HCl X
Process Facilities and
Hydrochloric Acid
Regeneration.
DDD....................... Mineral Wool Production.. X
EEE....................... Hazardous Waste X
Combustors.
FFF....................... (Reserved)............... .................
GGG....................... Pharmaceuticals X
Production.
HHH....................... Natural Gas Transmission X
and Storage Facilities.
III....................... Flexible Polyurethane X
Foam Production.
JJJ....................... Group IV Polymers and X
Resins.
KKK....................... (Reserved)............... .................
LLL....................... Portland Cement X
Manufacturing.
MMM....................... Pesticide Active X
Ingredient Production.
NNN....................... Wool Fiberglass X
Manufacturing.
OOO....................... Amino/Phenolic Resins.... X
PPP....................... Polyether Polyols X
Production.
[[Page 150]]
QQQ....................... Primary Copper Smelting.. X
RRR....................... Secondary Aluminum X
Production.
SSS....................... (Reserved)............... .................
TTT....................... Primary Lead Smelting.... X
UUU....................... Petroleum Refineries-- X
Catalytic Cracking
Units, Catalytic
Reforming Units and
Sulfur Recovery Plants.
VVV....................... Publicly Owned Treatment X
Works (POTW).
WWW....................... (Reserved)............... .................
XXX....................... Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA...................... Municipal Solid Waste X
Landfills.
CCCC...................... Nutritional Yeast X
Manufacturing.
EEEE...................... Organic Liquids X
Distribution (Non-
Gasoline).
FFFF...................... Miscellaneous Organic X
Chemical Manufacturing.
GGGG...................... Solvent Extraction for X
Vegetable Oil Production.
HHHH...................... Wet Formed Fiberglass Mat X
Production.
IIII...................... Auto & Light Duty Trucks. X
JJJJ...................... Paper and other Web X
Coating.
KKKK...................... Surface Coating of Metal X
Cans.
MMMM...................... Surface Coating of X
Miscellaneous Metal
Parts and Products.
NNNN...................... Surface Coating of Large X
Appliances.
OOOO...................... Printing, Coating, and X
Dyeing of Fabrics and
Other Textiles.
PPPP...................... Surface Coating of X
Plastic Parts and
Products.
QQQQ...................... Surface Coating of Wood X
Building Products.
RRRR...................... Surface Coating of Metal X
Furniture.
SSSS...................... Surface Coating for Metal X
Coil.
TTTT...................... Leather Finishing X
Operations.
UUUU...................... Cellulose Production X
Manufacture.
VVVV...................... Boat Manufacturing....... X
WWWW...................... Reinforced Plastic X
Composites Production.
XXXX...................... Tire Manufacturing....... X
YYYY...................... Stationary Combustion X
Turbines.
ZZZZ...................... Stationary Reciprocating X
Internal Combustion
Engines (RICE).
AAAAA..................... Lime Manufacturing Plants X
BBBBB..................... Semiconductor X
Manufacturing.
CCCCC..................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
DDDDD..................... Industrial, Commercial, .................
and Institutional
Boilers and Process
Heaters.
EEEEE..................... Iron and Steel Foundries. X
FFFFF..................... Integrated Iron and Steel X
GGGGG..................... Site Remediation......... X
HHHHH..................... Miscellaneous Coating X
Manufacturing.
IIIII..................... Mercury Cell Chlor-Alkali X
Plants.
JJJJJ..................... Brick and Structural Clay X
Products Manufacturing.
KKKKK..................... Clay Ceramics X
Manufacturing.
LLLLL..................... Asphalt Roofing and X
Processing.
MMMMM..................... Flexible Polyurethane X
Foam Fabrication
Operation.
NNNNN..................... Hydrochloric Acid X
Production, Fumed Silica
Production.
PPPPP..................... Engine Test Facilities... X
QQQQQ..................... Friction Products X
Manufacturing.
RRRRR..................... Taconite Ore Processing.. X
SSSSS..................... Refractory Products X
Manufacturing.
TTTTT..................... Primary Magnesium X
Refining.
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
(LDEQ).
\2\ Federal rules adopted unchanged as of July 1, 2004.
\3\ Authorities which may not be delegated include: 63.6(g), Approval of
Alternative Non-Opacity Emission Standards; 63.6(h)(9), Approval of
Alternative Opacity Standards; 63.7(e)(2)(ii) and (f), Approval of
Major Alternatives to Test Methods; 63.8(f), Approval of Major
Alternatives to Monitoring; 6.3.10(f), Approval of Major Alternatives
to Recordkeeping and Reporting; and all authorities identified in the
subparts (e.g., under ``Delegation of Authority'') that cannot be
delegated.
\4\ The standard was previously delegated to LDEQ. The standard was
vacated and remanded to EPA by the United States Court of Appeals for
the District of Columbia Circuit. See, Mossville Environmental Action
Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C.
Circuit Court's holding this standard is not delegated to LDEQ at this
time.
(20) Maine.
(i) [Reserved]
(ii) Maine Department of Environmental Protection (ME DEP) may
implement and enforce alternative requirements in the form of title V
permit terms and conditions for Lincoln Pulp and Paper, located in
Lincoln, Maine, for subpart S--National Emission Standards for Hazardous
Air Pollutants from the Pulp and Paper Industry. This action is
contingent upon ME DEP including, in title V permits, terms and
conditions that are no less
[[Page 151]]
stringent than the federal standard and have been approved by EPA. In
addition, the requirement applicable to the source remains the federal
section 112 requirement until EPA has approved the alternative permit
terms and conditions and the final title V permit is issued.
(iii) Affected area sources within Maine must comply with the Maine
Regulations Applicable to Hazardous Air Pollutants (incorporated by
reference as specified in Sec. 63.14) as described in paragraph
(a)(20)(iii)(A) of this section:
(A) The material incorporated into the Maine Department of
Environmental Protection regulations at Chapter 125 pertaining to dry
cleaning facilities in the State of Maine's jurisdiction, and approved
under the procedures in Sec. 63.93 to be implemented and enforced in
place of the Federal NESHAP for Perchloroethylene Dry Cleaning
Facilities (subpart M of this part), effective as of December 19, 2005,
for area sources only, as defined in Sec. 63.320(h).
(B) [Reserved]
(21) Maryland. (i) Maryland is delegated the authority to implement
and enforce all existing and future unchanged 40 CFR part 63 standards
at major sources, as defined in 40 CFR part 70, in accordance with the
delegation agreement between EPA Region III and the Maryland Department
of the Environment, dated November 3, 1999, and any mutually acceptable
amendments to that agreement.
(ii) Maryland is delegated the authority to implement and enforce
all existing 40 CFR part 63 standards and all future unchanged 40 CFR
part 63 standards, if delegation is sought by the Maryland Department of
the Environment and approved by EPA Region III, at affected sources
which are not located at major sources, as defined in 40 CFR part 70, in
accordance with the final rule, dated January 30, 2002, effective April
1, 2002, and any mutually acceptable amendments to the terms described
in the direct final rule.
(iii) EPA has granted the Maryland Department of the Environment
(MDE) ``up-front'' approval to implement an Equivalency by Permit (EBP)
program under which the MDE may establish and enforce alternative State
requirements for MeadWestvaco Company's Luke Mill in lieu of those of
the National Emissions Standard for Hazardous Air Pollutants (NESHAP)
for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and
Stand-Alone Semichemical Pulp Mills found at 40 CFR part 63, subpart MM.
The MDE may only establish alternative requirements for the Luke Mill
which are equivalent to and at least as stringent as the otherwise
applicable Federal requirements. The MDE must, in order to establish
alternative requirements for the Luke Mill under its EPA approved EBP
program: submit to EPA for review pre-draft Clean Air Act (CAA) Title V
permit terms specifying alternative requirements which are at least as
stringent as the otherwise applicable Federal requirements, obtain EPA's
written approval of the alternative pre-draft CAA Title V permit
requirements, and issue a CAA Title V permit for the Luke Mill which
contains the approved alternative requirements. Until EPA has approved
the alternative permit terms and conditions and the MDE has issued a
final CAA Title V permit incorporating them, MeadWestvaco Company's Luke
Mill will remain subject to the Federal NESHAP requirements found at 40
CFR part 63, subpart MM.
(22) Massachusetts.
(i) [Reserved]
(ii) Affected area sources within Massachusetts must comply with the
Massachusetts Regulations Applicable to Hazardous Air Pollutants
(incorporated by reference as specified in Sec. 63.14) as described in
paragraph (a)(22)(ii)(A) of this section:
(A) The material incorporated into the Massachusetts Department of
Environmental Protection regulations at 310 CMR 7.26(10)-(16), Air
Pollution Control, effective as of September 5, 2008, corrected March 6,
2009, and 310 CMR 70.00, Environmental Results Program Certification,
effective as of December 28, 2007, pertaining to dry cleaning facilities
in the Commonwealth of Massachusetts jurisdiction, and approved under
the procedures in Sec. 63.93 to be implemented and enforced in place of
the Federal NESHAP for
[[Page 152]]
Perchloroethylene Dry Cleaning Facilities (subpart M of this part),
effective as of July 11, 2008, for area sources only, as defined in
Sec. 63.320(h).
(1) Authorities not delegated.
(i) Massachusetts is not delegated the Administrator's authority to
implement and enforce Massachusetts regulations at 310 CMR 7.26(10)-(16)
and 310 CMR 70.00, in lieu of those provisions of subpart M of this part
which apply to major sources, as defined in Sec. 63.320(g).
(ii) Massachusetts is not delegated the Administrator's authority to
implement and enforce Massachusetts regulations at 310 CMR 7.26(10)-(16)
and 310 CMR 70.00, in lieu of those provisions of subpart M of this part
which apply to dry cleaning systems installed in a building with a
residence between December 21, 2005 and July 13, 2006, as defined in
Sec. 63.320(b)(2)(ii) and Sec. 63.322(o)(5)(i)-(ii).
(B) [Reserved]
(23)-(24) [Reserved]
(25) Mississippi. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the Mississippi
Department of Environmental Quality (MDEQ) for all sources. The ``X''
symbol is used to indicate each subpart that has been delegated. The
delegations are subject to all of the conditions and limitations set
forth in Federal law, regulations, policy, guidance, and determinations.
Some authorities cannot be delegated and are retained by EPA. These
include certain General Provisions authorities and specific parts of
some standards.
Part 63 Major & Area Source Rule Delegations--Mississippi \1\
----------------------------------------------------------------------------------------------------------------
Source category Subpart MDEQ
----------------------------------------------------------------------------------------------------------------
1........................... HON.................... F, G, H, I X
2........................... Polyvinyl Chloride & Co- J
polymers VACATED on 5/
11/05.
3........................... Coke Ovens............. L X
4........................... Dry Cleaners........... M X
5........................... Chromium Electroplating N X
6........................... EtO Commercial O X
Sterilization.
7........................... Chromium Cooling Towers Q X
8........................... Gasoline Distribution R X
(stage 1).
9........................... Pulp & Paper I......... S X
10.......................... Halogenated Solvent T X
Cleaning.
11.......................... Polymer & Resins 1..... U X
12.......................... Polymer & Resins 2..... W X
13.......................... Secondary Lead Smelters X X
14.......................... Marine Tank Vessel Y X
Loading.
15.......................... Phosphoric Acid Mfg.... AA X
16.......................... Phosphate Fertilizers BB X
Prod.
17.......................... Petroleum Refineries... CC X
18.......................... Offsite Waste & DD X
Recovery.
Tanks; Level 1...... OO X
Containers.......... PP X
Surface Impoundments QQ X
Drain Systems....... RR X
Oil-Water Separators VV X
19.......................... Magnetic Tape.......... EE X
20.......................... Aerospace Industry..... GG X
21.......................... Oil & Natural Gas Prod. HH X
Area Source
Requirements ..
22.......................... Shipbuilding and Repair II X
23.......................... Wood Furniture Mfg..... JJ X
24.......................... Printing & Publishing.. KK X
25.......................... Primary Aluminum....... LL X
26.......................... Pulp & Paper II MM X
(Combustion sources).
27.......................... Generic MACT:
Control Devices..... SS X
Eq. Leaks--Level 1.. TT X
Eq. Leaks--Level 2.. UU X
Tanks--Level 2...... WW X
28.......................... Generic MACT:
Ethylene Mfg........ XX & YY X
Carbon Black........ YY X
Spandex Prod........ YY X
Cyanide Chemical Mfg YY X
Acetal Resins....... YY X
Acrylic/Modacrylic YY X
Fibers.
Hydrogen Fluoride YY X
Prod.
[[Page 153]]
Polycarbonates Prod. YY X
29.......................... Steel Pickeling........ CCC X
30.......................... Mineral Wool Prod...... DDD X
31.......................... Hazardous Waste EEE X
Combustion (Phase I).
32.......................... Boilers that burn Haz. EEE X
Waste (Phase II).
33.......................... HCL Prod. Furnaces EEE X
burning Haz. Waste (P
II).
34.......................... Pharmaceutical Prod.... GGG X
35.......................... Nat. Gas Transmission & HHH X
Storage.
36.......................... Flexible Polyurethane III X
Foam Prod.
37.......................... Polymer & Resins 4..... JJJ X
38.......................... Portland Cement........ LLL X
39.......................... Pesticide Active MMM X
Ingredients.
40.......................... Wool Fiberglass........ NNN X
41.......................... Polymer & Resins 3 OOO X
(Amino & Phenolic).
42.......................... Polyether Polyols Prod. PPP X
43.......................... Primary Copper......... QQQ X
44.......................... Secondary Aluminum Prod RRR X
45.......................... Primary Lead Smelting.. TTT X
46.......................... Petro Refineries (FCC UUU X
units).
47.......................... POTW................... VVV X
48.......................... Ferroalloys............ XXX X
49.......................... Municipal Landfills.... AAAA X
50.......................... Nutritional Yeast...... CCCC X
51.......................... Plywood and Composite DDDD X
Wood Prod. (Partial
Vacatur Oct. 07).
52.......................... Organic Liquids EEEE X
Distribution (non-gas).
53.......................... Misc. Organic NESHAP... FFFF X
54.......................... Vegetable Oil.......... GGGG X
55.......................... Wet Formed Fiberglass.. HHHH X
56.......................... Auto & Light Duty Truck IIII X
(coating).
57.......................... Paper & Other Webs..... JJJJ X
58.......................... Metal Can (coating).... KKKK X
59.......................... Misc. Metal Parts MMMM X
(coating).
60.......................... Large Appliances NNNN X
(coating).
61.......................... Printing, Coating, & OOOO X
Dyeing Fabrics.
62.......................... Plastic Parts & PPPP X
Products (coating).
63.......................... Wood Building Products. QQQQ X
64.......................... Metal Furniture RRRR X
(coating).
65.......................... Metal Coil (coating)... SSSS X
66.......................... Leather Tanning & TTTT X
Finishing.
67.......................... Cellulose Ethers Prod. UUUU X
Misc. Viscose
Processes.
68.......................... Boat Manufacturing..... VVVV X
69.......................... Reinforced Plastic WWWW X
Composites.
70.......................... Rubber Tire Mfg........ XXXX X
71.......................... Stationary Combustion YYYY X
Turbines.
72.......................... Reciprocating Int. ZZZZ X
Combustion Engines.
Area Source
Requirements ..
73.......................... Lime Manufacturing..... AAAAA X
74.......................... Semiconductor BBBBB X
Production.
75.......................... Coke Ovens: (Push/ CCCCC X
Quench/Battery/Stacks).
76.......................... Industrial/Commercial/ DDDDD
Institutional Boilers
& Process Heaters,
VACATED on 7/30/07.
77.......................... Iron Foundries......... EEEEE X
78.......................... Integrated Iron & Steel FFFFF X
79.......................... Site Remediation....... GGGGG X
80.......................... Misc. Coating HHHHH X
Manufacturing.
81.......................... Mercury Cell Chlor- IIIII X
Alkali.
82.......................... Brick & Structural Clay JJJJJ
Products, VACATED on 6/
18/07.
83.......................... Clay Ceramics KKKKK
Manufacturing, VACATED
on 6/18/07.
84.......................... Asphalt Roofing & LLLLL X
Processing.
85.......................... Flex. Polyurethane Foam MMMMM X
Fabrication.
86.......................... Hydrochloric Acid Prod/ NNNNN X
Fumed Silica.
87.......................... Engine & Rocket Test PPPPP X
Facilities.
88.......................... Friction Materials QQQQQ X
Manufacturing.
89.......................... Taconite Iron Ore...... RRRRR X
90.......................... Refactories............ SSSSS X
91.......................... Primary Magnesium...... TTTTT X
----------------------------------------------------------------------------------------------------------------
Area Source Rules
----------------------------------------------------------------------------------------------------------------
92.......................... Hospital Sterilizers... WWWWW X
[[Page 154]]
93.......................... Stainless and YYYYY X
Nonstainless Steel
Mfg. Electric Arc
Furnaces.
94.......................... Iron & Steel foundries. ZZZZZ X
95.......................... Gasoline Distribution-- BBBBBB X
Bulk.
96.......................... Gasoline Dispensing CCCCCC X
Facilities.
97.......................... PVC & Copolymers Prod.. DDDDDD X
98.......................... Primary Copper......... EEEEEE X
99.......................... Secondary Copper FFFFFF X
Smelting.
100......................... Primary Nonferrous GGGGGG X
Metals.
Paint Stripping
101......................... Auto-Body Refinishing.. HHHHHH
Plastic Parts & Prod.
(coating)
102......................... Acrylic/Modacrylic LLLLLL X
Fibers Prod.
103......................... Carbon Black Prod...... MMMMMM X
104......................... Chemical Mfg. Chrom.... NNNNNN X
Flex. Polyurethane Foam
Fab.
105......................... Flex. Polyurethane Foam OOOOOO X
Prod.
106......................... Lead Acid Battery Mfg.. PPPPPP X
107......................... Wood Preserving........ QQQQQQ X
108......................... Clay Ceramics Mfg...... RRRRRR X
109......................... Glass Mfg.............. SSSSSS X
110......................... Secondary Nonferrous TTTTTT X
Metals.
110......................... Plating and Polishing.. WWWWWW X
112......................... Heating Eq. Mfg........ XXXXXX X
Industrial Mach. & Eq.
Finishing.
Elect. & Electronics
Eq. Finishing.
Fabricated Metal Prod..
Fabricated Plate Work
(Boiler Shop).
Fabricated Structural
Metal Mfg.
Iron and Steel Forging.
Primary Metals Prod.
Mfg.
Valves and Pipe
Fittings Mfg.
113......................... Ferroalloys Production. YYYYYY
Ferro/Silico Manganese.
----------------------------------------------------------------------------------------------------------------
\1\ State program approved on December 28, 1994. Delegation table last updated on November 3, 2008.
(ii) [Reserved]
(26)-(28) [Reserved]
(29) Nevada. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the air pollution
control agencies in the State of Nevada. The (X) symbol is used to
indicate each category that has been delegated.
Delegation Status for Part 63 Standards--Nevada
----------------------------------------------------------------------------------------------------------------
Subpart Description NDEP \1\ Washoe \2\ Clark \3\
----------------------------------------------------------------------------------------------------------------
A............................... General Provisions......... X X X
F............................... Synthetic Organic Chemical X ............... X
Manufacturing Industry.
G............................... Synthetic Organic Chemical X ............... X
Manufacturing Industry:
Process Vents, Storage
Vessels, Transfer
Operations, and Wastewater.
H............................... Organic Hazardous Air X ............... X
Pollutants: Equipment
Leaks.
I............................... Organic Hazardous Air X ............... X
Pollutants: Certain
Processes Subject to the
Negotiated Regulation for
Equipment Leaks.
J............................... Polyvinyl Chloride and X ............... X
Copolymers Production.
L............................... Coke Oven Batteries........ X ............... X
M............................... Perchloroethylene Dry X X X
Cleaning.
N............................... Hard and Decorative X X X
Chromium Electroplating
and Chromium Anodizing
Tanks.
O............................... Ethylene Oxide X X X
Sterilization Facilities.
Q............................... Industrial Process Cooling X ............... X
Towers.
R............................... Gasoline Distribution X X X
Facilities.
S............................... Pulp and Paper............. X ............... X
T............................... Halogenated Solvent X X X
Cleaning.
U............................... Group I Polymers and Resins X ............... X
[[Page 155]]
W............................... Epoxy Resins Production and X ............... X
Non-Nylon Polyamides
Production.
X............................... Secondary Lead Smelting.... X ............... X
Y............................... Marine Tank Vessel Loading X ...............
Operations.
AA.............................. Phosphoric Acid X ............... X
Manufacturing Plants.
BB.............................. Phosphate Fertilizers X ............... X
Production Plants.
CC.............................. Petroleum Refineries....... X ............... X
DD.............................. Off-Site Waste and Recovery X ............... X
Operations.
EE.............................. Magnetic Tape Manufacturing X ............... X
Operations.
GG.............................. Aerospace Manufacturing and X ............... X
Rework Facilities.
HH.............................. Oil and Natural Gas X ............... X
Production Facilities.
II.............................. Shipbuilding and Ship X ............... X
Repair (Surface Coating).
JJ.............................. Wood Furniture X ............... X
Manufacturing Operations.
KK.............................. Printing and Publishing X X X
Industry.
LL.............................. Primary Aluminum Reduction X ............... X
Plants.
MM.............................. Chemical Recovery X ............... X
Combustion Sources at
Kraft, Soda, Sulfite, and
Stand-Alone Semichemical
Pulp Mills.
OO.............................. Tanks--Level 1............. X ............... X
PP.............................. Containers................. X ............... X
QQ.............................. Surface Impoundments....... X ............... X
RR.............................. Individual Drain Systems... X ............... X
SS.............................. Closed Vent Systems, X ............... X
Control Devices, Recovery
Devices and Routing to a
Fuel Gas System or a
Process.
TT.............................. Equipment Leaks--Control X ............... X
Level 1.
UU.............................. Equipment Leaks--Control X ............... X
Level 2.
VV.............................. Oil-Water Separators and X ............... X
Organic-Water Separators.
WW.............................. Storage Vessels (Tanks)-- X ............... X
Control Level 2.
XX.............................. Ethylene Manufacturing X ............... X
Process Units: Heat
Exchange Systems and Waste
Operations.
YY.............................. Generic MACT Standards..... X ............... X
CCC............................. Steel Pickling............. X ............... X
DDD............................. Mineral Wool Production.... X ............... X
EEE............................. Hazardous Waste Combustors. X ............... X
GGG............................. Pharmaceuticals Production. X ............... X
HHH............................. Natural Gas Transmission X ............... X
and Storage Facilities.
III............................. Flexible Polyurethane Foam X ............... X
Production.
JJJ............................. Group IV Polymers and X ............... X
Resins.
LLL............................. Portland Cement X ............... X
Manufacturing Industry.
MMM............................. Pesticide Active Ingredient X ............... X
Production.
NNN............................. Wool Fiberglass X ............... X
Manufacturing.
OOO............................. Manufacture of Amino/ X ............... X
Phenolic Resins.
PPP............................. Polyether Polyols X ............... X
Production.
QQQ............................. Primary Copper Smelting.... X ............... X
RRR............................. Secondary Aluminum X ............... X
Production.
TTT............................. Primary Lead Smelting...... X ............... X
UUU............................. Petroleum Refineries: X ............... X
Catalytic Cracking,
Catalytic Reforming, and
Sulfur Recovery Units.
VVV............................. Publicly Owned Treatment X X X
Works.
XXX............................. Ferroalloys Production..... X ............... X
AAAA............................ Municipal Solid Waste X ............... X
Landfills.
CCCC............................ Manufacturing of X ............... X
Nutritional Yeast.
DDDD............................ Plywood and Composite Wood X ............... X
Products.
EEEE............................ Organic Liquids X X X
Distribution (non-
gasoline).
FFFF............................ Miscellaneous Organic X ............... X
Chemical Manufacturing.
GGGG............................ Solvent Extraction for X ............... X
Vegetable Oil Production.
HHHH............................ Wet-Formed Fiberglass Mat X ............... X
Production.
IIII............................ Surface Coating of X ............... X
Automobiles and Light-Duty
Trucks.
JJJJ............................ Paper and Other Web Coating X ............... X
KKKK............................ Surface Coating of Metal X ............... X
Cans.
MMMM............................ Miscellaneous Metal Parts X ............... X
and Products.
NNNN............................ Large Appliances........... X ............... X
OOOO............................ Printing, Coating, and X ............... X
Dyeing of Fabrics and
Other Textiles.
[[Page 156]]
PPPP............................ Surface Coating of Plastic X ............... X
Parts and Products.
QQQQ............................ Wood Building Products..... X ............... X
RRRR............................ Surface Coating of Metal X ............... X
Furniture.
SSSS............................ Surface Coating of Metal X ............... X
Coil.
TTTT............................ Leather Finishing X ............... X
Operations.
UUUU............................ Cellulose Products X ............... X
Manufacturing.
VVVV............................ Boat Manufacturing......... X ............... X
WWWW............................ Reinforced Plastics X X X
Composites Production.
XXXX............................ Tire Manufacturing......... X ............... X
YYYY............................ Stationary Combustion X ............... X
Turbines.
ZZZZ............................ Stationary Reciprocating X X X
Internal Combustion
Engines.
AAAAA........................... Lime Manufacturing Plants.. X ............... X
BBBBB........................... Semiconductor Manufacturing X ............... X
CCCCC........................... Coke Oven: Pushing, X ............... X
Quenching and Battery
Stacks.
DDDDD........................... Industrial, Commercial, and X ............... X
Institutional Boiler and
Process Heaters.
EEEEE........................... Iron and Steel Foundries... X ............... X
FFFFF........................... Integrated Iron and Steel.. X ............... X
GGGGG........................... Site Remediation........... X ............... X
HHHHH........................... Miscellaneous Coating X ............... X
Manufacturing.
IIIII........................... Mercury Emissions from ............... ............... X
Mercury Cell Chlor-Alkali
Plants.
JJJJJ........................... Brick and Structural Clay X ............... X
Products Manufacturing.
KKKKK........................... Clay Ceramics Manufacturing X ............... X
LLLLL........................... Asphalt Roofing and X ............... X
Processing.
MMMMM........................... Flexible Polyurethane Foam X ............... X
Fabrication Operation.
NNNNN........................... Hydrochloric Acid X ............... X
Production.
PPPPP........................... Engine Test Cells/Stands... X ............... X
QQQQQ........................... Friction Products X ............... X
Manufacturing.
RRRRR........................... Taconite Iron Ore ............... ............... X
Processing.
SSSSS........................... Refractory Products X ............... X
Manufacturing.
TTTTT........................... Primary Magnesium Refining. ............... ............... X
WWWWW........................... Hospital Ethylene Oxide X X X
Sterilizers.
YYYYY........................... Electric Arc Furnace X ............... X
Steelmaking Facilities
(area sources).
ZZZZZ........................... Iron and Steel Foundries X ............... X
Area Sources.
BBBBBB.......................... Gasoline Distribution Bulk ............... X X
Terminals, Bulk Plants and
Pipeline Facilities.
CCCCCC.......................... Gasoline Dispensing ............... X X
Facilities.
DDDDDD.......................... Polyvinyl Chloride and X ............... X
Copolymers Production Area
Sources.
EEEEEE.......................... Primary Copper Smelting X ............... X
Area Sources.
FFFFFF.......................... Secondary Copper Smelting X ............... X
Area Sources.
GGGGGG.......................... Primary Nonferrous Metals X ............... X
Area Sources--Zinc,
Cadmium, and Beryllium.
HHHHHH.......................... Paint Stripping and ............... X X
Miscellaneous Surface
Coating Operations at Area
Sources.
LLLLLL.......................... Acrylic and Modacrylic X ............... X
Fibers Production Area
Sources.
MMMMMM.......................... Carbon Black Production X ............... X
Area Sources.
NNNNNN.......................... Chemical Manufacturing Area X ............... X
Sources: Chromium
Compounds.
OOOOOO.......................... Flexible Polyurethane Foam X X X
Production and Fabrication
Area Sources.
PPPPPP.......................... Lead Acid Battery X ............... X
Manufacturing Area Sources.
QQQQQQ.......................... Wood Preserving Area X ............... X
Sources.
RRRRRR.......................... Clay Ceramics Manufacturing X ............... X
Area Sources.
SSSSSS.......................... Glass Manufacturing Area X ............... X
Sources.
TTTTTT.......................... Secondary Nonferrous Metals X ............... X
Processing Area Sources.
WWWWWW.......................... Area Source Standards for ............... X X
Plating and Polishing
Operations.
XXXXXX.......................... Area Source Standards for ............... X X
Nine Metal Fabrication and
Finishing Source
Categories.
YYYYYY.......................... Area Sources: Ferroalloys ............... ............... X
Production Facilities.
[[Page 157]]
ZZZZZZ.......................... Area Source Standards for ............... ............... X
Aluminum, Copper, and
Other Nonferrous Foundries.
----------------------------------------------------------------------------------------------------------------
\1\ Nevada Division of Environmental Protection.
\2\ Washoe County District Health Department, Air Quality Management Division.
\3\ Clark County, Department of Air Quality and Environmental Management.
(ii) [Reserved]
(30) New Hampshire. (i) New Hampshire is delegated the authority to
implement and enforce all existing and future unchanged 40 CFR part 63
standards in accordance with the delegation procedures in Attachment II
of the delegation request letter dated May 9, 2002 submitted by NH DES
to EPA and any mutually acceptable amendments to those delegation
procedures.
(ii) New Hampshire Department of Environmental Services (NH DES) may
implement and enforce alternative requirements in the form of title V
permit terms and conditions for Groveton Paper Board Inc. of Groveton,
NH and Pulp & Paper of America, LLC of Berlin, NH for subpart S--
National Emission Standards for Hazardous Air Pollutants from the Pulp
and Paper Industry and subpart MM--National Emissions Standards for
Hazardous Air Pollutants for Chemical Recovery Combustion Sources at
Kraft, Soda, Sulfite and Stand-Alone Semi-chemical Pulp Mills. This
action is contingent upon NH DES including, in title V permits, terms
and conditions that are no less stringent than the Federal standard and
have been approved by EPA. In addition, the requirement applicable to
the source remains the Federal section 112 requirement until EPA has
approved the alternative permit terms and conditions and the final title
V permit is issued.
(iii) Affected inactive waste disposal sites not operated after July
9, 1981 must comply with the New Hampshire Regulations Applicable to
Hazardous Air Pollutants, March, 2003, (incorporated by reference as
specified in Sec. 63.14) as described as follows:
(A) The material incorporated in the New Hampshire Regulations
Applicable to Hazardous Air Pollutants, March, 2003, (incorporated by
reference as specified in Sec. 63.14) pertains to inactive waste
disposal sites not operated after July 9, 1981 in the State of New
Hampshire's jurisdiction, and has been approved under the procedures in
40 CFR 63.93 to be implemented and enforced in place of the Federal
NESHAPs for Inactive Waste Disposal Sites (40 CFR 61.151).
(iv) Affected asbestos facilities (i.e., facilities found under 40
CFR part 61, subpart M, except those listed under paragraph (a)(30)(iii)
of this section), must comply with the New Hampshire Regulations
Applicable to Hazardous Air Pollutants, September 2006, (incorporated by
reference as specified in Sec. 63.14) as follows:
(A) The material incorporated in the New Hampshire Regulations
Applicable to Hazardous Air Pollutants, September 2006, (incorporated by
reference as specified in Sec. 63.14) pertains to those affected
asbestos facilities in the State of New Hampshire's jurisdiction, and
has been approved under the procedures in 40 CFR 63.92 to be implemented
and enforced in place of the federal NESHAPs found at 40 CFR part 61,
subpart M (except for those listed under paragraph (a)(30)(iii) of this
section).
(B) [Reserved]
(31) New Jersey. (i) Affected sources must comply with the Toxic
Catastrophe Prevention Act Program (TCPA), (July 20, 1998),
(incorporated by reference as specified in Sec. 63.14) as described in
paragraph (a)(31)(i)(A) of this section:
(A) Except for authorities identified as not being delegated, the
regulations incorporated in New Jersey's ``Toxic Catastrophe Prevention
Act Program,'' Title 7, Chapter 31, of the New Jersey Administrative
Code: Subchapter 1, ``General Provisions'' (sections 1.1 to 1.10 except
for the definition of ``What if Checklist''), Subchapter 2, ``Hazard
Assessment,'' Subchapter 3, ``Minimum Requirements for a Program 2 TCPA
[[Page 158]]
Risk Management Program,'' Subchapter 4, ``Minimum Requirements for a
Program 3 TCPA Risk Management Program,'' Subchapter 5, ``Emergency
Response,'' Subchapter 6, ``Extraordinarily Hazardous Substances,''
Subchapter 7, ``Risk Management Plan and TCPA Submission,'' and
Subchapter 8, ``Other Federal Requirements,'' (effective July 20, 1998),
pertain to the sources affected by 40 CFR part 68 and have been approved
under the procedures in Sec. Sec. 63.91, 63.93 and 63.95 to be
implemented and enforced in place of 40 CFR part 68, Subparts A through
H, as may be amended.
(1) Authorities not delegated:
(i) The New Jersey Department of Environmental Protection is not
delegated the Administrator's authority to implement and enforce New
Jersey's Toxic Catastrophe Prevention Act Program, Title 7, Chapter 31,
of the New Jersey Administrative Code, in lieu of the provisions of 40
CFR part 68 as they apply to the regulation of processes that are
covered only because they contain regulated quantities of liquid
petroleum gases (LPG) regulated under the New Jersey Liquified Petroleum
Gas Act of 1950 (N.J.S.A. 21:1B),
(ii) Pursuant to Sec. 63.90(c) the New Jersey Department of
Environmental Protection is not delegated the Administrator's authority
to add or delete substances from the list of substances established
under section 112(r) and set forth in 40 CFR 68.130.
(32) New Mexico. (i) The following table lists the delegation status
of specific part 63 subparts that have been delegated unchanged to state
and local air pollution agencies in New Mexico. The ``X'' symbol is used
to indicate each subpart that has been delegated.
Delegation Status for Part 63 Standards--State of New Mexico
[Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
ABCAQCB
Subpart Source category NMED \1,2\ \1,3\
----------------------------------------------------------------------------------------------------------------
A........................................... General Provisions \3\................ X X
D........................................... Early Reductions...................... X X
F........................................... Hazardous Organic NESHAP (HON)-- X X
Synthetic Organic Chemical
Manufacturing Industry (SOCMI).
G........................................... HON--SOCMI Process Vents, Storage X X
Vessels, Transfer Operations and
Wastewater.
H........................................... HON--Equipment Leaks.................. X X
I........................................... HON--Certain Processes Negotiated X X
Equipment Leak Regulation.
J........................................... Polyvinyl Chloride and Copolymers \4\ X (\4\)
Production.
K........................................... (Reserved)............................
L........................................... Coke Oven Batteries................... X X
M........................................... Perchloroethylene Dry Cleaning........ X X
N........................................... Chromium Electroplating and Chromium X X
Anodizing Tanks.
O........................................... Ethylene Oxide Sterilizers............ X X
P........................................... (Reserved)............................ ............ ............
Q........................................... Industrial Process Cooling Towers..... X X
R........................................... Gasoline Distribution................. X X
S........................................... Pulp and Paper Industry............... X X
T........................................... Halogenated Solvent Cleaning.......... X X
U........................................... Group I Polymers and Resins........... X X
V........................................... (Reserved)............................ ............ ............
W........................................... Epoxy Resins Production and Non-Nylon X X
Polyamides Production.
X........................................... Secondary Lead Smelting............... X X
Y........................................... Marine Tank Vessel Loading............ X X
Z........................................... (Reserved)............................ ............ ............
AA.......................................... Phosphoric Acid Manufacturing Plants.. X X
BB.......................................... Phosphate Fertilizers Production X X
Plants.
CC.......................................... Petroleum Refineries.................. X X
DD.......................................... Off-Site Waste and Recovery Operations X X
EE.......................................... Magnetic Tape Manufacturing........... X X
FF.......................................... (Reserved)............................ ............ ............
GG.......................................... Aerospace Manufacturing and Rework X X
Facilities.
HH.......................................... Oil and Natural Gas Production X X
Facilities.
II.......................................... Shipbuilding and Ship Repair X X
Facilities.
JJ.......................................... Wood Furniture Manufacturing X X
Operations.
KK.......................................... Printing and Publishing Industry...... X X
LL.......................................... Primary Aluminum Reduction Plants..... X X
MM.......................................... Chemical Recovery Combustion Sources ............ X
at Kraft, Soda, Sulfide, and Stand-
Alone Semichemical Pulp Mills.
NN.......................................... (Reserved)............................ ............ ............
OO.......................................... Tanks--Level 1........................ X X
[[Page 159]]
PP.......................................... Containers............................ X X
QQ.......................................... Surface Impoundments.................. X X
RR.......................................... Individual Drain Systems.............. X X
SS.......................................... Closed Vent Systems, Control Devices, X X
Recovery Devices and Routing to a
Fuel Gas System or a Process.
TT.......................................... Equipment Leaks--Control Level 1...... X X
UU.......................................... Equipment Leaks--Control Level 2 X X
Standards.
VV.......................................... Oil-Water Separators and Organic-Water X X
Separators.
WW.......................................... Storage Vessels (Tanks)--Control Level X X
2.
XX.......................................... (Reserved)............................ ............ ............
YY.......................................... Generic Maximum Achievable Control X X
Technology Standards.
ZZ-BBB...................................... (Reserved)............................ ............ ............
CCC......................................... Steel Pickling--HCl Process Facilities X X
and Hydrochloric Acid Regeneration.
DDD......................................... Mineral Wool Production............... X X
EEE......................................... Hazardous Waste Combustors............ X X
FFF......................................... (Reserved)............................ ............ ............
GGG......................................... Pharmaceuticals Production............ X X
HHH......................................... Natural Gas Transmission and Storage X X
Facilities.
III......................................... Flexible Polyurethane Foam Production. X X
JJJ......................................... Group IV Polymers and Resins.......... X X
KKK......................................... (Reserved)............................ ............ ............
LLL......................................... Portland Cement Manufacturing......... X X
MMM......................................... Pesticide Active Ingredient Production X X
NNN......................................... Wool Fiberglass Manufacturing......... X X
OOO......................................... Amino/Phenolic Resins................. X X
PPP......................................... Polyether Polyols Production.......... X X
QQQ......................................... Primary Copper Smelting............... X X
RRR......................................... Secondary Aluminum Production......... X X
SSS......................................... (Reserved)............................ ............ ............
TTT......................................... Primary Lead Smelting................. X X
UUU......................................... Petroleum Refineries--Catalytic X X
Cracking Units, Catalytic Reforming
Units and Sulfur Recovery Plants.
VVV......................................... Publicly Owned Treatment Works (POTW). X X
WWW......................................... (Reserved)............................ ............ ............
XXX......................................... Ferroalloys Production: Ferromanganese X X
and Silicomanganese.
AAAA........................................ Municipal Solid Waste Landfills....... ............ X
CCCC........................................ Nutritional Yeast Manufacturing....... X X
EEEE........................................ Organic Liquids Distribution.......... ............ X
GGGG........................................ Solvent Extraction for Vegetable Oil X X
Production.
HHHH........................................ Wet Formed Fiberglass Mat Production.. X X
JJJJ........................................ Paper and other Web (Surface Coating). ............ X
KKKK........................................ Metal Can (Surface Coating)........... ............ X
NNNN........................................ Surface Coating of Large Appliances... X X
OOOO........................................ Fabric Printing Coating and Dyeing.... ............ X
PPPP........................................ Plastic Parts (Surface Coating)....... ............ X
QQQQ........................................ Surface Coating of Wood Building ............ X
Products.
RRRR........................................ Surface Coating of Metal Furniture.... ............ X
SSSS........................................ Surface Coating for Metal Coil........ X X
TTTT........................................ Leather Finishing Operations.......... X X
UUUU........................................ Cellulose Production Manufacture...... X X
VVVV........................................ Boat Manufacturing.................... X X
WWWW........................................ Reinforced Plastic Composites ............ X
Production.
XXXX........................................ Tire Manufacturing.................... X X
YYYY........................................ Combustion Turbines................... ............ X
AAAAA....................................... Lime Manufacturing Plants............. ............ X
BBBBB....................................... Semiconductor Manufacturing........... ............ X
CCCCC....................................... Coke Ovens: Pushing, Quenching and X X
Battery Stacks.
DDDDD....................................... Industrial/Commerical/Institutional ............ ............
Boilers and Process Heaters.
EEEEE....................................... Iron Foundries........................ ............ X
FFFFF....................................... Integrated Iron and Steel............. ............ X
GGGGG....................................... Site Remediation...................... ............ X
HHHHH....................................... Miscellaneous Coating Manufacturing... ............ X
IIIII....................................... Mercury Cell Chlor-Alkali Plants...... ............ X
JJJJJ....................................... Brick and Structural Clay Products ............ X
Manufacturing.
KKKKK....................................... Clay Ceramics Manufacturing........... ............ X
LLLLL....................................... Asphalt Roofing and Processing........ ............ X
MMMMM....................................... Flexible Polyurethane Foam Fabrication ............ X
Operation.
NNNNN....................................... Hydrochloric Acid Production, Fumed ............ X
Silica Production.
PPPPP....................................... Engine Test Facilities................ ............ X
QQQQQ....................................... Friction Products Manufacturing....... ............ X
[[Page 160]]
RRRRR....................................... Taconite Iron Ore Processing.......... ............ X
SSSSS....................................... Refractory Products Manufacture....... ............ X
TTTTT....................................... Primary Magnesium Refining............ ............ X
----------------------------------------------------------------------------------------------------------------
\1\ Authorities that cannot be delegated include Sec. 63.6(g), Approval of Alternative Non-Opacity Standards;
Sec. 63.6(h)(9), Approval of Alternative Opacity Standards; Sec. 63.7(e)(2)(ii) and (f), Approval of Major
Alternatives to Test Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring; and Sec.
63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting. In addition, all authorities
identified in the certain subparts that EPA has designated that cannot be delegated.
\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended
in the Federal Register through September 1, 2002.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
promulgated by EPA, as amended in the Federal Register through July 1, 2004.
\4\ This standard was originally delegated to NMED on February 9, 2004. The ABCAQCB has adopted the subpart
unchanged and applied for delegation of the standard. The standard was vacated and remanded to EPA by the
United States Court of Appeals for the District of Columbia Circuit on June 18, 2004, and EPA's petition for
rehearing was denied on April 15, 2005. The standard is not being delegated at this time to ABCAQCB.
(33) [Reserved]
(34) North Carolina. (i) The following table lists the specific part
63 standards that have been delegated unchanged to the North Carolina
Department of Environment and Natural Resources (NCDENR) for all
sources. The ``X'' symbol is used to indicate each subpart that has been
delegated. The delegations are subject to all of the conditions and
limitations set forth in Federal law, regulations, policy, guidance, and
determinations. Some authorities cannot be delegated and are retained by
EPA. These include certain General Provisions authorities and specific
parts of some standards.
Part 63 Major & Area Source Rule Delegations--North Carolina \1\
------------------------------------------------------------------------
FCEAD MCDEP WNC
Source category Subpart NCDENR \2\ \3\ \4\
------------------------------------------------------------------------
HON........................... F, G, H, X X X X
I
Polyvinyl Chloride & Co- J
polymers VACATED on 5/11/05.
Coke Ovens.................... L X X X X
Dry Cleaners.................. M X X X X
Chromium Electroplating....... N X X X X
EtO Commercial Sterilization.. O X X X X
Chromium Cooling Towers....... Q X X X X
Gasoline Distribution (stage R X X X X
1).
Pulp & Paper I................ S X X X X
Halogenated Solvent Cleaning.. T X X X X
Polymer & Resins 1............ U X X X X
Polymer & Resins 2............ W X X X X
Secondary Lead Smelters....... X X X X X
Marine Tank Vessel Loading.... Y X X X X
Phosphoric Acid Mfg........... AA X X X X
Phosphate Fertilizers Prod.... BB X X X X
Petroleum Refineries.......... CC X X X X
Offsite Waste & Recovery...... DD X X X X
Tanks; Level 1............ OO X X X X
Containers................ PP X X X X
Surface Impoundments...... QQ X X X X
Drain Systems............. RR X X X X
Oil-Water Separators...... VV X X X X
Magnetic Tape................. EE X X X X
Aerospace Industry............ GG X X X X
Oil & Natural Gas Prod........ HH X X X X
Area Source Requirements .
Shipbuilding and Repair....... II X X X X
Wood Furniture Mfg............ JJ X X X X
Printing & Publishing......... KK X X X X
Primary Aluminum.............. LL X X X X
Pulp & Paper II (Combustion MM X X X X
sources).
Generic MACT
Control Devices........... SS X X X X
Eq. Leaks--Level 1........ TT X X X X
Eq. Leaks--Level 2........ UU X X X X
Tanks--Level 2............ WW X X X X
[[Page 161]]
Generic MACT
Ethylene Mfg.............. XX & YY X X X X
Carbon Black.............. YY X X X X
Spandex Prod.............. YY X X X X
Cyanide Chemical Mfg...... YY X X X X
Acetal Resins............. YY X X X X
Acrylic/Modacrylic Fibers. YY X X X X
Hydrogen Fluoride Prod.... YY X X X X
Polycarbonates Prod....... YY X X X X
Steel Pickeling............... CCC X X X X
Mineral Wool Prod............. DDD X X X X
Hazardous Waste Combustion EEE X X X X
(Phase I).
Boilers that burn Haz. Waste EEE X X X X
(Phase II).
HCL Prod. Furnaces burning EEE X X X X
Haz. Waste (P II).
Pharmaceutical Prod........... GGG X X X X
Nat. Gas Transmission & HHH X X X X
Storage.
Flexible Polyurethane Foam III X X X X
Prod.
Polymer & Resins 4............ JJJ X X X X
Portland Cement............... LLL X X X X
Pesticide Active Ingredients.. MMM X X X X
Wool Fiberglass............... NNN X X X X
Polymer & Resins 3 (Amino & OOO X X X X
Phenolic).
Polyether Polyols Prod........ PPP X X X X
Primary Copper................ QQQ X X X X
Secondary Aluminum Prod....... RRR X X X X
Primary Lead Smelting......... TTT X X X X
Petro Refineries (FCC units).. UUU X X X X
POTW.......................... VVV X X X X
Ferroalloys................... XXX X X X X
Municipal Landfills........... AAAA X X X X
Nutritional Yeast............. CCCC X X X X
Plywood and Composite Wood DDDD X X X X
Prod. (Partial Vacatur Oct.
07).
Organic Liquids Distribution EEEE X X X X
(non-gas).
Misc. Organic NESHAP.......... FFFF X X X X
Vegetable Oil................. GGGG X X X X
Wet Formed Fiberglass......... HHHH X X X X
Auto & Light Duty Truck IIII X X X X
(coating).
Paper & Other Webs............ JJJJ X X X X
Metal Can (coating)........... KKKK X X X X
Misc. Metal Parts (coating)... MMMM X X X X
Large Appliances (coating).... NNNN X X X X
Printing, Coating, & Dyeing OOOO X X X X
Fabrics.
Plastic Parts & Products PPPP X X X X
(coating).
Wood Building Products........ QQQQ X X X X
Metal Furniture (coating)..... RRRR X X X X
Metal Coil (coating).......... SSSS X X X X
Leather Tanning & Finishing... TTTT X X X X
Cellulose Ethers Prod. Misc. UUUU X X X X
Viscose Processes.
Boat Manufacturing............ VVVV X X X X
Reinforced Plastic Composites. WWWW X X X X
Rubber Tire Mfg............... XXXX X X X X
Stationary Combustion Turbines YYYY X X X X
Reciprocating Int. Combustion ZZZZ X X X X
Engines.
Area Source Requirements .
Lime Manufacturing............ AAAAA X X X X
Semiconductor Production...... BBBBB X X X X
Coke Ovens: (Push/Quench/ CCCCC X X X X
Battery/Stacks).
Industrial/Commercial/ DDDDD
Institutional.
Boilers & Process Heaters,
VACATED on 7/30/07.
Iron Foundries................ EEEEE X X X X
Integrated Iron & Steel....... FFFFF X X X X
Site Remediation.............. GGGGG X X X X
Misc. Coating Manufacturing... HHHHH X X X X
Mercury Cell Chlor-Alkali..... IIIII X X X X
Brick & Structural Clay JJJJJ
Products, VACATED on 6/18/07.
Clay Ceramics Manufacturing, KKKKK
VACATED on 6/18/07.
[[Page 162]]
Asphalt Roofing & Processing.. LLLLL X X X X
Flex. Polyurethane Foam MMMMM X X X X
Fabrication.
Hydrochloric Acid Prod/Fumed NNNNN X X X X
Silica.
Engine & Rocket Test PPPPP X X X X
Facilities.
Friction Materials QQQQQ X X X X
Manufacturing.
Taconite Iron Ore............. RRRRR X X X X
Refactories................... SSSSS X X X X
Primary Magnesium............. TTTTT X X X X
------------------------------------------------------------------------
Area Source Rules
------------------------------------------------------------------------
Hospital Sterilizers.......... WWWWW X X X X
Stainless and Nonstainless YYYYY X X X X
Steel Mfg Electric Arc
Furnaces.
Iron & Steel foundries........ ZZZZZ X X X X
Gasoline Distribution--Bulk... BBBBBB X X X X
Gasoline Dispensing Facilities CCCCCC X X X X
PVC & Copolymers Prod......... DDDDDD X X X X
Primary Copper................ EEEEEE X X X X
Secondary Copper Smelting..... FFFFFF X X X X
Primary Nonferrous Metals..... GGGGGG X X X X
Paint Stripping...............
Auto-Body Refinishing......... HHHHHH X X X X
Plastic Parts & Prod.
(coating).
Acrylic/Modacrylic Fibers Prod LLLLLL X X X X
Carbon Black Prod............. MMMMMM X X X X
Chemical Mfg. Chrom........... NNNNNN X X X X
Flex. Polyurethane Foam Fab... OOOOOO X X X X
Flex. Polyurethane Foam Prod..
Lead Acid Battery Mfg......... PPPPPP X X X X
Wood Preserving............... QQQQQQ X X X X
Clay Ceramics Mfg............. RRRRRR X X X X
Glass Mfg..................... SSSSSS X X X X
Secondary Nonferrous Metals... TTTTTT X X X X
Plating and Polishing......... WWWWWW X X X X
Industrial Mach. & Eq. XXXXXX X X X X
Finishing.
Elect. & Electronics Eq.
Finishing.
Fabricated Metal Prod.........
Fabricated Plate Work (Boiler
Shop).
Fabricated Structural Metal
Mfg.
Heating Eq. Mfg...............
Iron and Steel Forging........
Primary Metals Prod. Mfg......
Valves and Pipe Fittings Mfg..
Ferroalloys Production........ YYYYYY X X X X
Ferro/Silico Manganese........
------------------------------------------------------------------------
\1\ State program approved on August 31, 2001. Delegation table last
updated on February 23, 2009.
\2\ Forsyth County Environmental Affairs Department.
\3\ Mecklenburg County Department of Environmental Protection.
\4\ Western North Carolina Regional Air Quality Agency.
(ii) North Carolina Department of Environment and Natural Resources
(NC DENR) may implement and enforce alternative requirements in the form
of title V permit terms and conditions for International Paper
Riegelwood mill, Riegelwood, North Carolina; International Paper Roanoke
Rapids mill, Roanoke Rapids, North Carolina; Blue Ridge Paper Products,
Canton, North Carolina; Weyerhaeuser New Bern facility, New Bern, North
Carolina; and Weyerhaeuser Plymouth facility, Plymouth, North Carolina,
for Subpart S of this Part--National Emission Standards for Hazardous
Air Pollutants from the Pulp and Paper Industry and Subpart MM of this
Part--National Emissions Standards for Hazardous Air Pollutants for
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-
alone Semi-chemical Pulp Mills. This action is contingent upon NC DENR
including, in title V permits, terms and conditions that are no less
stringent than the Federal standard. In addition, the requirements
applicable to the sources
[[Page 163]]
remain the Federal section 112 requirements until EPA has approved the
alternative permit terms and conditions and the final title V permit is
issued.
(iii) North Carolina Department of Environment and Natural Resources
(NC DENR) may implement and enforce alternative requirements in the form
of title V permit terms and conditions for New South Lumber Company,
Inc. Graham Plant, Alamance County, North Carolina; HDM Furniture
Industries, Inc., Henredon Furniture Plant 1 & 2, Burke County, North
Carolina; Kohler Co., DBA Baker Furniture, Burke County, North Carolina;
Bernhardt Furniture Company Plants 3 & 7, Caldwell County, North
Carolina; Thomasville Furniture Industries, Inc., Lenoir Plant, Caldwell
County, North Carolina; Kincaid Furniture Company, Inc., Plant No. 1,
Caldwell County, North Carolina; Hickory Chair Company, Catawba County,
North Carolina; Uniboard USA LLC, Chatham County, North Carolina;
Georgia Pacific Whiteville Plant, Columbus County, North Carolina; West
Fraser, Inc., Armour Lumber Mill, Columbus County, North Carolina;
Weyerhaeuser NR Company, New Bern Lumber Facility, Craven County, North
Carolina; Linwood Furniture, Inc., Davidson County, North Carolina;
Warvel Products, Inc., Davidson County, North Carolina; Thomasville
Furniture Industries, Inc., Plant C/M/W/SB, Davidson County, North
Carolina; Lexington Furniture Inc., Plant 5, Davidson County, North
Carolina; Stanley Furniture Company, Inc., Graham County, North
Carolina; Georgia Pacific, Creedmoor Chip-N-Saw Plant, Granville County,
North Carolina; JELD-WEN, Inc., McDowell County, North Carolina;
Weyerhaeuser NR Company, Martin County, North Carolina; Jordan Lumber &
Supply Co., Montgomery County, North Carolina; Troy Lumber Co.,
Montgomery County, North Carolina; Unilin Flooring N.V., Montgomery
County, North Carolina; West Fraser, Seaboard Lumber Mill, Northampton
County, North Carolina; Georgia Pacific Roxboro, Person County, North
Carolina; Louisiana Pacific Corp., Roxboro, Person County, North
Carolina; Weyerhaeuser Company, Grifton, Pitt County, North Carolina;
Vaughan Bassett Furniture Co., Elkin Furniture, Surry County, North
Carolina; Weyerhaeuser NR Company, Elkin Facility, Surry County, North
Carolina; Georgia Pacific Plywood/OSB/CNS, Dudley, Wayne County, North
Carolina; Louisiana Pacific Corp., Roaring River, Wilkes County, North
Carolina; and American Drew, Inc., Plant 13, Wilkes County, North
Carolina, for subpart DDDD of this Part-National Emissions Standards for
Hazardous Air Pollutants: Plywood and Composite Wood Products. This
action is contingent upon NC DENR including, in title V permits, terms
and conditions that are no less stringent than the Federal standard. In
addition, the requirements applicable to the sources remain the Federal
section 112 requirements until EPA has approved the alternative permit
terms and conditions and the final title V permit is issued.
(35)-(36) [Reserved]
(37) Oklahoma. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the Oklahoma Department
of Environmental Quality for all sources. The ``X'' symbol is used to
indicate each subpart that has been delegated. The delegations are
subject to all of the conditions and limitations set forth in Federal
law, regulations, policy, guidance, and determinations. Some authorities
cannot be delegated and are retained by EPA. These include certain
General Provisions authorities and specific parts of some standards. Any
amendments made to these rules after this effective date are not
delegated.
Delegation Status for Part 63 Standards--State of Oklahoma
[Excluding Indian Country]
------------------------------------------------------------------------
Order
Subpart Source category \1,2\
------------------------------------------------------------------------
A............................. General Provisions \2\........ X
F............................. Hazardous Organic NESHAP X
(HON)--Synthetic Organic
Chemical Manufacturing
Industry (SOCMI).
G............................. HON--SOCMI Process Vents, X
Storage Vessels, Transfer
Operations and Wastewater.
H............................. HON--Equipment Leaks.......... X
[[Page 164]]
I............................. HON--Certain Processes X
Negotiated Equipment Leak
Regulation.
J............................. Polyvinyl Chloride and (\3\)
Copolymers Production.
K............................. (Reserved).................... ........
L............................. Coke Oven Batteries........... X
M............................. Perchloroethylene Dry Cleaning X
N............................. Chromium Electroplating and X
Chromium Anodizing Tanks.
O............................. Ethylene Oxide Sterilizers.... X
P............................. (Reserved).................... ........
Q............................. Industrial Process Cooling X
Towers.
R............................. Gasoline Distribution......... X
S............................. Pulp and Paper Industry....... X
T............................. Halogenated Solvent Cleaning.. X
U............................. Group I Polymers and Resins... X
V............................. (Reserved).................... ........
W............................. Epoxy Resins Production and X
Non-Nylon Polyamides
Production.
X............................. Secondary Lead Smelting....... X
Y............................. Marine Tank Vessel Loading.... X
Z............................. (Reserved).................... ........
AA............................ Phosphoric Acid Manufacturing X
Plants.
BB............................ Phosphate Fertilizers X
Production Plants.
CC............................ Petroleum Refineries.......... X
DD............................ Off-Site Waste and Recovery X
Operations.
EE............................ Magnetic Tape Manufacturing... X
FF............................ (Reserved).................... ........
GG............................ Aerospace Manufacturing and X
Rework Facilities.
HH............................ Oil and Natural Gas Production X
Facilities.
II............................ Shipbuilding and Ship Repair X
Facilities.
JJ............................ Wood Furniture Manufacturing X
Operations.
KK............................ Printing and Publishing X
Industry.
LL............................ Primary Aluminum Reduction X
Plants.
MM............................ Chemical Recovery Combustion X
Sources at Kraft, Soda,
Sulfide, and Stand-Alone
Semichemical Pulp Mills.
NN............................ (Reserved).................... ........
OO............................ Tanks--Level 1................ X
PP............................ Containers.................... X
QQ............................ Surface Impoundments.......... X
RR............................ Individual Drain Systems...... X
SS............................ Closed Vent Systems, Control X
Devices, Recovery Devices and
Routing to a Fuel Gas System
or a Process.
TT............................ Equipment Leaks--Control Level X
1.
UU............................ Equipment Leaks--Control Level X
2 Standards.
VV............................ Oil-Water Separators and X
Organic-Water Separators.
WW............................ Storage Vessels (Tanks)-- X
Control Level 2.
XX............................ (Reserved).................... ........
YY............................ Generic Maximum Achievable X
Control Technology Standards.
ZZ-BBB........................ (Reserved).................... ........
CCC........................... Steel Pickling--HCl Process X
Facilities and Hydrochloric
Acid Regeneration.
DDD........................... Mineral Wool Production....... X
EEE........................... Hazardous Waste Combustors.... X
FFF........................... (Reserved).................... ........
GGG........................... Pharmaceuticals Production.... X
HHH........................... Natural Gas Transmission and X
Storage Facilities.
III........................... Flexible Polyurethane Foam X
Production.
JJJ........................... Group IV Polymers and Resins.. X
KKK........................... (Reserved).................... ........
LLL........................... Portland Cement Manufacturing. X
MMM........................... Pesticide Active Ingredient X
Production.
NNN........................... Wool Fiberglass Manufacturing. X
OOO........................... Amino/Phenolic Resins......... X
PPP........................... Polyether Polyols Production.. X
QQQ........................... Primary Copper Smelting....... X
RRR........................... Secondary Aluminum Production. X
SSS........................... (Reserved).................... ........
TTT........................... Primary Lead Smelting......... X
UUU........................... Petroleum Refineries-- X
Catalytic Cracking Units,
Catalytic Reforming Units and
Sulfur Recovery Plants.
VVV........................... Publicly Owned Treatment Works X
(POTW).
WWW........................... (Reserved).................... ........
XXX........................... Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA.......................... Municipal Solid Waste X
Landfills.
CCCC.......................... Nutritional Yeast X
Manufacturing.
[[Page 165]]
DDDD.......................... Plywood and Composite Wood X
Products.
EEEE.......................... Organic Liquids Distribution.. X
FFFF.......................... Miscellaneous Organic Chemical X
Production and Processes
(MON).
GGGG.......................... Solvent Extraction for X
Vegetable Oil Production.
HHHH.......................... Wet Formed Fiberglass Mat X
Production.
IIII.......................... Auto & Light Duty Truck....... X
JJJJ.......................... Paper and other Web (Surface X
Coating).
KKKK.......................... Metal Can (Surface Coating)... X
MMMM.......................... Surface Coating of X
Miscellaneous Metal Parts and
Products.
NNNN.......................... Surface Coating of Large X
Appliances.
OOOO.......................... Fabric Printing Coating and X
Dyeing.
PPPP.......................... Plastic Parts (Surface X
Coating).
QQQQ.......................... Surface Coating of Wood X
Building Products.
RRRR.......................... Surface Coating of Metal X
Furniture.
SSSS.......................... Surface Coating for Metal Coil X
TTTT.......................... Leather Finishing Operations.. X
UUUU.......................... Cellulose Production X
Manufacture.
VVVV.......................... Boat Manufacturing............ X
WWWW.......................... Reinforced Plastic Composites X
Production.
XXXX.......................... Tire Manufacturing............ X
YYYY.......................... Combustion Turbines........... X
ZZZZ.......................... Reciprocating Internal X
Combustion Engines (RICE).
AAAAA......................... Lime Manufacturing Plants..... X
BBBBB......................... Semiconductor Manufacturing... X
CCCCC......................... Coke Ovens: Pushing, Quenching X
and Battery Stacks.
DDDDD......................... Industrial/Commerical/ ........
Institutional Boilers and
Process Heaters.
EEEEE......................... Iron Foundries................ X
FFFFF......................... Integrated Iron and Steel..... X
GGGGG......................... Site Remediation.............. X
HHHHH......................... Miscellaneous Coating X
Manufacturing.
IIIII......................... Mercury Cell Chlor-Alkali X
Plants.
JJJJJ......................... Brick and Structural Clay X
Products Manufacturing.
KKKKK......................... Clay Ceramics Manufacturing... X
LLLLL......................... Asphalt Roofing and Processing X
MMMMM......................... Flexible Polyurethane Foam X
Fabrication Operation.
NNNNN......................... Hydrochloric Acid Production, X
Fumed Silica Production.
PPPPP......................... Engine Test Facilities........ X
QQQQQ......................... Friction Products X
Manufacturing.
RRRRR......................... Taconite Iron Ore Processing.. X
SSSSS......................... Refractory Products X
Manufacture.
TTTTT......................... Primary Magnesium Refining.... X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
(ODEQ), as amended in the Federal Register through September 1, 2004.
\2\ Authorities that cannot be delegated include Sec. 63.6(g),
Approval of Alternative Non-Opacity Standards; Sec. 63.6(h)(9),
Approval of Alternative Opacity Standards; Sec. 63.7(e)(2)(ii) and
(f), Approval of Major Alternatives to Test Methods; Sec. 63.8(f),
Approval of Major Alternatives to Monitoring; and Sec. 63.10(f),
Approval of Major Alternatives to Recordkeeping and Reporting. In
addition, all authorities identified in the certain subparts that EPA
has designated that cannot be delegated.
\3\ The ODEQ has adopted the subpart unchanged and applied for
delegation of the standard. The standard was vacated and remanded to
EPA by the United States Court of Appeals for the District of Columbia
Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d
1232 (D.C. Cir. 2004). Because of the D.C. Circuit Court's holding
this standard is not being delegated to ODEQ at this time.
(38) Oregon. (i) The following table lists the delegation status of
specific part 63 subparts that have been delegated to state and local
air pollution control agencies in Oregon. An ``X'' indicates the subpart
has been delegated, subject to all the conditions and limitations set
forth in federal law, regulations, policy, guidance, and determinations.
Some authorities cannot be delegated and are retained by EPA. These
include certain General Provisions authorities and specific parts of
some standards. The dates noted at the end of this table indicate the
effective dates of federal rules that have been delegated. Any
amendments made to these rules after this effective date are not
delegated.
[[Page 166]]
Delegation Status of Part 63 NESHAPS--State of Oregon \1\
------------------------------------------------------------------------
Subpart \2\ ODEQ \3\ LRAPA \4\
------------------------------------------------------------------------
A General Provisions \5\.................... X X
D Early Reductions..........................
F HON-SOCMI................................. X X
G HON-Process Vents......................... X X
H HON-Equipment Leaks....................... X X
I HON-Negotiated Leaks...................... X X
L Coke Oven Batteries....................... X X
M Perchloroethylene Dry Cleaning............ X X
N Chromium Electroplating................... X X
O Ethylene Oxide Sterilizers................ X X
Q Industrial Process Cooling Towers......... X X
R Gasoline Distribution..................... X X
S Pulp and Paper............................ X X
T Halogenated Solvent Cleaning.............. X X
U Polymers and Resins I..................... X X
W Polymers and Resins II-Epoxy.............. X X
X Secondary Lead Smelting................... X X
Y Marine Tank Vessel Loading................ X X
AA Phosphoric Acid Manufacturing Plants..... X X
BB Phosphate Fertilizers Production Plants.. X X
CC Petroleum Refineries..................... X X
DD Off-Site Waste and Recovery.............. X X
EE Magnetic Tape Manufacturing.............. X X
GG Aerospace Manufacturing & Rework......... X X
HH Oil and Natural Gas Production Facilities X X
II Shipbuilding and Ship Repair............. X X
JJ Wood Furniture Manufacturing Operations.. X X
KK Printing and Publishing Industry......... X X
LL Primary Aluminum......................... X X
MM Chemical Recovery Combustion Sources at X X
Kraft, Soda, Sulfite, and Stand-Alone
Semichemical Pulp Mills....................
OO Tanks--Level 1........................... X X
PP Containers............................... X X
QQ Surface Impoundments..................... X X
RR Individual Drain Systems................. X X
SS Closed Vent Systems, Control Devices, X X
Recovery Devices and Routing to a Fuel Gas
System or Process..........................
TT Equipment Leaks--Control Level 1......... X X
UU Equipment Leaks--Control Level 2......... X X
VV Oil-Water Separators and Organic-Water X X
Separators.................................
WW Storage Vessels (Tanks)--Control Level 2. X X
YY Source Categories: Generic MACT.......... X X
CCC Steel Pickling--HCl Process Facilities X X
and Hydrochloric Acid Regeneration Plants..
DDD Mineral Wool Production................. X X
EEE Hazardous Waste Combustors.............. X X
GGG Pharmaceuticals Production.............. X X
HHH Natural Gas Transmission and Storage X X
Facilities.................................
III Flexible Polyurethane Foam Production... X X
JJJ Polymers and Resins IV.................. X X
LLL Portland Cement Manufacturing........... X X
MMM Pesticide Active Ingredient Production.. X X
NNN Wool Fiberglass Manufacturing........... X X
OOO Manufacture of Amino Phenolic Resins.... X X
PPP Polyether Polyols Production............ X X
RRR Secondary Aluminum Production........... X X
TTT Primary Lead Smelting................... X X
VVV Publicly Owned Treatment Works.......... X X
XXX Ferroalloys Production: Ferromanganese & X X
Silico manganese...........................
CCCC Manufacture of Nutritional Yeast....... X X
GGGG Extraction of Vegetable Oil............ X X
------------------------------------------------------------------------
\1\ Table last updated on August 9, 2002; see 40 CFR 61.04(b)(WW) for
agency addresses.
\2\ Any authority within any subpart of this part (i.e. under
``Delegation of Authority'') that is identified as not delegatable, is
not delegated.
\3\ Oregon Department of Environmental Quality (07/01/2001).
\4\ Lane Region Air Pollution Authority (07/01/2001).
\5\ General Provisions Authorities which may not be delegated include:
Sec. Sec. 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval
of major alternatives to test methods; Sec. 63.9(f) for approval of
major alternatives to monitoring. For definitions of minor,
intermediate, and major alternatives to test methods and monitoring,
see 40 CFR 63.90.
[[Page 167]]
(39) Pennsylvania. (i) Pennsylvania is delegated the authority to
implement and enforce all existing and future unchanged 40 CFR part 63
standards at major sources, as defined in 40 CFR part 70, in accordance
with the delegation agreement between EPA Region III and the
Pennsylvania Department of Environmental Protection, dated January 5,
1998, and any mutually acceptable amendments to that agreement.
(ii) Pennsylvania is delegated the authority to implement and
enforce all existing 40 CFR part 63 standards and all future unchanged
40 CFR part 63 standards, if delegation is requested by the Pennsylvania
Department of Environmental Protection and approved by EPA Region III,
at sources not subject to the permitting requirements of 40 CFR part 70,
in accordance with the final rule, dated September 13, 2001, effective
November 13, 2001, and any mutually acceptable amendments to the terms
described in the direct final rule.
(iii) Philadelphia is delegated the authority to implement and
enforce all existing 40 CFR part 63 standards and all future unchanged
40 CFR part 63 standards, if delegation is requested by the City of
Philadelphia Department of Public Health Air Management Services and
approved by EPA Region III, at sources within the City of Philadelphia,
in accordance with the final rule, dated January 29, 2002, effective
April 1, 2002, and any mutually acceptable amendments to the terms
described in the direct final rule.
(iv) Allegheny County is delegated the authority to implement and
enforce all existing 40 CFR part 63 standards and all future unchanged
40 CFR part 63 standards at sources within Allegheny County, in
accordance with the final rule, dated January 30, 2002, effective April
1, 2002, and any mutually acceptable amendments to the terms described
in the direct final rule.
(v) Allegheny County is delegated the authority to implement and
enforce the provisions of 40 CFR part 68 and all future unchanged
amendments to 40 CFR part 68 at sources within Allegheny County, in
accordance with the final rule, dated January 30, 2002, effective April
1, 2002, and any mutually acceptable amendments to the terms described
in the direct final rule.
(40) Rhode Island.
(i) [Reserved]
(ii) Affected area sources within Rhode Island must comply with the
Rhode Island Regulations Applicable to Hazardous Air Pollutants
(incorporated by reference as specified in Sec. 63.14) as described in
paragraph (a)(40)(ii)(A) of this section:
(A) The material incorporated into the Rhode Island Department of
Environmental Management regulations at Air Pollution Control Regulation
No. 36, Control of Emissions from Organic Solvent Cleaning, effective
April 8, 1996, last amended October 9, 2008, and Rhode Island Air
Pollution Control, General Definitions Regulation, effective July 19,
2007, last amended October 9, 2008, pertaining to organic solvent
cleaning facilities in the State of Rhode Island jurisdiction, and
approved under the procedures in Sec. 63.93 to be implemented and
enforced in place of the Federal NESHAP for Halogenated Solvent Cleaning
Facilities (subpart T of this part), effective as of May 3, 2007, except
for continuous web cleaning machines as defined in Sec. 63.461.
(1) Authorities not delegated.
(i) Rhode Island is not delegated the Administrator's authority to
implement and enforce Rhode Island regulations at Air Pollution Control
Regulation No. 36 and Rhode Island General Definitions Regulation in
lieu of those provisions of subpart T of this part which apply to
continuous web cleaning machines as defined in Sec. 63.461.
(ii) [Reserved]
(2) [Reserved]
(B) [Reserved]
(41) South Carolina. (i) The following table lists the specific part
63 standards that have been delegated unchanged to the South Carolina
Department of Health and Environmental Control (SCDHEC) for all sources.
The ``X'' symbol is used to indicate each subpart that has been
delegated. The delegations are subject to all of the conditions and
limitations set forth in Federal law, regulations, policy, guidance, and
determinations. Some authorities cannot be delegated and are retained by
EPA. These include certain
[[Page 168]]
General Provisions authorities and specific parts of some standards.
Part 63 Major & Area Source Rule Delegations--South Carolina \1\
----------------------------------------------------------------------------------------------------------------
Source category Subpart SCDHEC
----------------------------------------------------------------------------------------------------------------
1........................... HON.................... F, G, H, I X
2........................... Polyvinyl Chloride & Co- J
polymers VACATED on 5/
11/05.
3........................... Coke Ovens............. L X
4........................... Dry Cleaners........... M X
5........................... Chromium Electroplating N X
6........................... EtO Commercial O X
Sterilization.
7........................... Chromium Cooling Towers Q X
8........................... Gasoline Distribution R X
(stage 1).
9........................... Pulp & Paper I......... S X
10.......................... Halogenated Solvent T X
Cleaning.
11.......................... Polymer & Resins 1..... U X
12.......................... Polymer & Resins 2..... W X
13.......................... Secondary Lead Smelters X X
14.......................... Marine Tank Vessel Y X
Loading.
15.......................... Phosphoric Acid Mfg.... AA X
16.......................... Phosphate Fertilizers BB X
Prod.
17.......................... Petroleum Refineries... CC X
18.......................... Offsite Waste & DD X
Recovery.
Tanks; Level 1...... OO X
Containers.......... PP X
Surface Impoundments QQ X
Drain Systems....... RR X
Oil-Water Separators VV X
19.......................... Magnetic Tape.......... EE X
20.......................... Aerospace Industry..... GG X
21.......................... Oil & Natural Gas Prod. HH X
Area Source X
Requirements ..
22.......................... Shipbuilding and Repair I I X
23.......................... Wood Furniture Mfg..... J J X
24.......................... Printing & Publishing.. KK X
25.......................... Primary Aluminum....... LL X
26.......................... Pulp & Paper II MM X
(Combustion sources).
27.......................... Generic MACT:
Control Devices..... SS X
Eq. Leaks--Level 1.. TT X
Eq. Leaks--Level 2.. UU X
Tanks--Level 2...... WW X
28.......................... Generic MACT:
Ethylene Mfg........ XX & YY X
Carbon Black........ YY X
Spandex Prod........ YY X
Cyanide Chemical Mfg YY X
Acetal Resins....... YY X
Acrylic/Modacrylic YY X
Fibers.
Hydrogen Fluoride YY X
Prod.
Polycarbonates Prod. YY X
29.......................... Steel Pickeling........ CCC X
30.......................... Mineral Wool Prod...... DDD X
31.......................... Hazardous Waste EEE X
Combustion (Phase I).
32.......................... Boilers that burn Haz. EEE X
Waste (Phase II).
33.......................... HCL Prod. Furnaces EEE X
burning Haz. Waste (P
II).
34.......................... Pharmaceutical Prod.... GGG X
35.......................... Nat. Gas Transmission & HHH X
Storage.
36.......................... Flexible Polyurethane I I I X
Foam Prod.
37.......................... Polymer & Resins 4..... JJJ X
38.......................... Portland Cement........ LLL X
39.......................... Pesticide Active MMM X
Ingredients.
40.......................... Wool Fiberglass........ NNN X
41.......................... Polymer & Resins 3 OOO X
(Amino & Phenolic).
42.......................... Polyether Polyols Prod. PPP X
43.......................... Primary Copper......... QQQ X
44.......................... Secondary Aluminum Prod RRR X
45.......................... Primary Lead Smelting.. TTT X
46.......................... Petro Refineries (FCC UUU X
units).
47.......................... POTW................... V V V X
48.......................... Ferroalloys............ X X X X
49.......................... Municipal Landfills.... AAAA X
50.......................... Nutritional Yeast...... CCCC X
[[Page 169]]
51.......................... Plywood and Composite DDDD X
Wood Prod. (Partial
Vacatur Oct. 07).
52.......................... Organic Liquids EEEE X
Distribution (non-gas).
53.......................... Misc. Organic NESHAP... FFFF X
54.......................... Vegetable Oil.......... GGGG X
55.......................... Wet Formed Fiberglass.. HHHH X
56.......................... Auto & Light Duty Truck I I I I X
(coating).
57.......................... Paper & Other Webs..... JJJJ X
58.......................... Metal Can (coating).... KKKK X
59.......................... Misc. Metal Parts MMMM X
(coating).
60.......................... Large Appliances NNNN X
(coating).
61.......................... Printing, Coating, & OOOO X
Dyeing Fabrics.
62.......................... Plastic Parts & PPPP X
Products (coating).
63.......................... Wood Building Products. QQQQ X
64.......................... Metal Furniture RRRR X
(coating).
65.......................... Metal Coil (coating)... SSSS X
66.......................... Leather Tanning & TTTT X
Finishing.
67.......................... Cellulose Ethers Prod UUUU X
Misc. Viscose
Processes.
68.......................... Boat Manufacturing..... VVVV X
69.......................... Reinforced Plastic WWWW X
Composites.
70.......................... Rubber Tire Mfg........ XXXX X
71.......................... Stationary Combustion YYYY X
Turbines.
72.......................... Reciprocating Int. ZZZZ X
Combustion Engines.
Area Source X
Requirements ..
73.......................... Lime Manufacturing..... AAAAA X
74.......................... Semiconductor BBBBB X
Production.
75.......................... Coke Ovens: (Push/ CCCCC X
Quench/Battery/Stacks).
76.......................... Industrial/Commercial/ DDDDD
Institutional Boilers
& Process Heaters,
VACATED on 7/30/07.
77.......................... Iron Foundries......... EEEEE X
78.......................... Integrated Iron & Steel FFFFF X
79.......................... Site Remediation....... GGGGG X
80.......................... Misc. Coating HHHHH X
Manufacturing.
81.......................... Mercury Cell Chlor- IIIII X
Alkali.
82.......................... Brick & Structural Clay JJJJJ
Products, VACATED on 6/
18/07.
83.......................... Clay Ceramics KKKKK
Manufacturing, VACATED
on 6/18/07.
84.......................... Asphalt Roofing & LLLLL X
Processing.
85.......................... Flex. Polyurethane Foam MMMMM X
Fabrication.
86.......................... Hydrochloric Acid Prod/ NNNNN X
Fumed Silica.
87.......................... Engine & Rocket Test PPPPP X
Facilities.
88.......................... Friction Materials QQQQQ X
Manufacturing.
89.......................... Taconite Iron Ore...... RRRRR X
90.......................... Refactories............ SSSSS X
91.......................... Primary Magnesium...... TTTTT X
----------------------------------------------------------------------------------------------------------------
Area Source Rules
----------------------------------------------------------------------------------------------------------------
92.......................... Hospital Sterilizers... WWWWW X
93.......................... Stainless and YYYYY X
Nonstainless Steel Mfg
Electric Arc Furnaces.
94.......................... Iron & Steel foundries. ZZZZZ X
95.......................... Gasoline Distribution-- BBBBBB X
Bulk.
96.......................... Gasoline Dispensing CCCCCC X
Facilities.
97.......................... PVC & Copolymers Prod.. DDDDDD X
98.......................... Primary Copper......... EEEEEE X
99.......................... Secondary Copper FFFFFF X
Smelting.
100......................... Primary Nonferrous GGGGGG X
Metals.
101......................... Paint Stripping........ HHHHHH X
Auto-Body Refinishing..
Plastic Parts & Prod.
(coating)
102......................... Acrylic/Modacrylic LLLLLL X
Fibers Prod.
103......................... Carbon Black Prod...... MMMMMM X
104......................... Chemical Mfg. Chrom.... NNNNNN X
105......................... Flex. Polyurethane Foam OOOOOO X
Fab.
Flex. Polyurethane Foam
Prod
106......................... Lead Acid Battery Mfg.. PPPPPP X
107......................... Wood Preserving........ QQQQQQ X
108......................... Clay Ceramics Mfg...... RRRRRR X
109......................... Glass Mfg.............. SSSSSS X
110......................... Secondary Nonferrous TTTTTT X
Metals.
110......................... Plating and Polishing.. WWWWWW X
[[Page 170]]
112......................... Heating Eq. Mfg........ XXXXXX X
Industrial Mach. & Eq.
Finishing
Elect. & Electronics
Eq. Finishing
Fabricated Metal Prod
Fabricated Plate Work
(Boiler Shop)
Fabricated Structural
Metal Mfg
113......................... Ferro/Silico Manganese. YYYYYY X
Iron and Steel Forging
Primary Metals Prod.
Mfg
Valves and Pipe
Fittings Mfg
Ferroalloys Production
----------------------------------------------------------------------------------------------------------------
\1\ State program approved on June 26, 1995. Delegation table last updated on February 23, 2009.
(ii) South Carolina Department of Health and Environmental Control
(SC DHEC) may implement and enforce alternative requirements in the form
of title V permit terms and conditions for International Paper
Georgetown Mill, Georgetown, South Carolina, for subpart S of this
part--National Emission Standards for Hazardous Air Pollutants from the
Pulp and Paper Industry. This action is contingent upon SC DHEC
including, in title V permits, terms and conditions that are no less
stringent than the Federal standard. In addition, the requirement
applicable to the source remains the Federal section 112 requirement
until EPA has approved the alternative permit terms and conditions and
the final title V permit is issued.
(42)-(43) [Reserved]
(44) Texas. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the Texas Commission on
Environmental Quality for all sources. The ``X'' symbol is used to
indicate each subpart that has been delegated. The delegations are
subject to all of the conditions and limitations set forth in Federal
law, regulations, policy, guidance, and determinations. Some authorities
cannot be delegated and are retained by EPA. These include certain
General Provisions authorities and specific parts of some standards. Any
amendments made to these rules after the effective date are not
delegated.
Delegation Status for Part 63 Standards--State of Texas \1\
------------------------------------------------------------------------
Subpart Source category TCEQ \2\
------------------------------------------------------------------------
F........................... Hazardous Organic NESHAP X
(HON)--Synthetic
OrganicChemical
Manufacturing Industry
(SOCMI).
G........................... HON--SOCMI Process Vents, X
Storage Vessels, Transfer
Operations and Wastewater.
H........................... HON--Equipment Leaks........ X
I........................... HON--Certain Processes X
Negotiated Equipment Leak
Regulation.
J........................... Polyvinyl Chloride and \3\ X
Copolymers Production.
K........................... (Reserved).................. ............
L........................... Coke Oven Batteries......... X
M........................... Perchloroethylene Dry X
Cleaning.
N........................... Chromium Electroplating and X
Chromium Anodizing Tanks.
O........................... Ethylene Oxide Sterilizers.. X
P........................... (Reserved).................. ............
Q........................... Industrial Process Cooling X
Towers.
R........................... Gasoline Distribution....... X
S........................... Pulp and Paper Industry..... X
T........................... Halogenated Solvent Cleaning X
U........................... Group I Polymers and Resins. X
V........................... (Reserved).................. ............
W........................... Epoxy Resins Production and X
Non-Nylon Polyamides
Production.
X........................... Secondary Lead Smelting..... X
Y........................... Marine Tank Vessel Loading.. X
Z........................... (Reserved).................. ............
AA.......................... Phosphoric Acid X
Manufacturing Plants.
BB.......................... Phosphate Fertilizers X
Production Plants.
CC.......................... Petroleum Refineries........ X
DD.......................... Off-Site Waste and Recovery X
Operations.
[[Page 171]]
EE.......................... Magnetic Tape Manufacturing. X
FF.......................... (Reserved).................. ............
GG.......................... Aerospace Manufacturing and X
Rework Facilities.
HH.......................... Oil and Natural Gas X
Production Facilities.
II.......................... Shipbuilding and Ship Repair X
Facilities.
JJ.......................... Wood Furniture Manufacturing X
Operations.
KK.......................... Printing and Publishing X
Industry.
LL.......................... Primary Aluminum Reduction X
Plants.
MM.......................... Chemical Recovery Combustion X
Sources at Kraft, Soda,
Sulfide, and Stand-Alone
Semichemical Pulp Mills.
NN.......................... (Reserved).................. ............
OO.......................... Tanks--Level 1.............. X
PP.......................... Containers.................. X
QQ.......................... Surface Impoundments........ X
RR.......................... Individual Drain Systems.... X
SS.......................... Closed Vent Systems, Control ............
Devices, Recovery Devices
and Routing to a Fuel Gas
System or a Process.
TT.......................... Equipment Leaks--Control X
Level 1.
UU.......................... Equipment Leaks--Control X
Level 2 Standards.
VV.......................... Oil-Water Separators and X
Organic-Water Separators.
WW.......................... Storage Vessels (Tanks)-- X
Control Level 2.
XX.......................... (Reserved).................. ............
YY.......................... Generic Maximum Achievable X
Control Technology
Standards.
ZZ-BBB...................... (Reserved).................. ............
CCC......................... Steel Pickling--HCl Process X
Facilities and Hydrochloric
Acid Regeneration.
DDD......................... Mineral Wool Production..... X
EEE......................... Hazardous Waste Combustors.. X
FFF......................... (Reserved).................. ............
GGG......................... Pharmaceuticals Production.. X
HHH......................... Natural Gas Transmission and X
Storage Facilities.
III......................... Flexible Polyurethane Foam X
Production.
JJJ......................... Group IV Polymers and Resins X
KKK......................... (Reserved).................. ............
LLL......................... Portland Cement X
Manufacturing.
MMM......................... Pesticide Active Ingredient X
Production.
NNN......................... Wool Fiberglass X
Manufacturing.
OOO......................... Amino/Phenolic Resins....... X
PPP......................... Polyether Polyols Production X
QQQ......................... Primary Copper Smelting..... X
RRR......................... Secondary Aluminum X
Production.
SSS......................... (Reserved).................. ............
TTT......................... Primary Lead Smelting....... X
UUU......................... Petroleum Refineries-- X
Catalytic Cracking
Units,Catalytic Reforming
Units and Sulfur Recovery
Plants.
VVV......................... Publicly Owned Treatment X
Works (POTW).
WWW......................... (Reserved).................. ............
XXX......................... Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA........................ Municipal Solid Waste X
Landfills.
CCCC........................ Nutritional Yeast X
Manufacturing.
DDDD........................ Plywood and Composite Wood
Products.
EEEE........................ Organic Liquids Distribution X
FFFF........................ Miscellaneous Organic X
Chemical Manufacturing
(MON).
GGGG........................ Solvent Extraction for X
Vegetable Oil Production.
HHHH........................ Wet Formed Fiberglass Mat X
Production.
IIII........................ Auto & Light Duty Truck..... X
JJJJ........................ Paper and other Web (Surface X
Coating).
KKKK........................ Surface Coating of Metal X
Cans.
MMMM........................ Miscellaneous Metal Parts X
and Products Surface
Coating.
NNNN........................ Surface Coating of Large X
Appliances.
OOOO........................ Fabric Printing Coating and X
Dyeing.
PPPP........................ Surface Coating of Plastic X
Parts and Products.
QQQQ........................ Surface Coating of Wood X
Building Products.
RRRR........................ Surface Coating of Metal X
Furniture.
SSSS........................ Surface Coating for Metal X
Coil.
TTTT........................ Leather Finishing Operations X
UUUU........................ Cellulose Production X
Manufacture.
VVVV........................ Boat Manufacturing.......... X
WWWW........................ Reinforced Plastic X
Composites Production.
XXXX........................ Tire Manufacturing.......... X
YYYY........................ Stationary Combustion X
Turbines.
ZZZZ........................ Reciprocating Internal X
Combustion Engines.
AAAAA....................... Lime Manufacturing.......... X
[[Page 172]]
BBBBB....................... Semiconductor Manufacturing. X
CCCCC....................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
DDDDD....................... Industrial, Commercial, and X
Institutional Boilers and
Process Heaters.
EEEEE....................... Iron and Steel Foundries.... X
FFFFF....................... Integrated Iron and Steel... X
GGGGG....................... Site Remediation............ X
HHHHH....................... Miscellaneous Coating X
Manufacturing.
IIIII....................... Mercury Cell Chlor-Alkali X
Plants.
JJJJJ....................... Brick and Structural Clay X
Products Manufacturing.
KKKKK....................... Clay Ceramics Manufacturing. X
LLLLL....................... Asphalt Roofing and X
Processing.
MMMMM....................... Flexible Polyurethane Foam X
Fabrication Operation.
NNNNN....................... Hydrochloric Acid X
Production, Fumed Silica
Production.
PPPPP....................... Engine Test Facilities...... X
QQQQQ....................... Friction Materials X
Manufacturing.
RRRRR....................... Taconite Iron Ore Processing X
SSSSS....................... Refractory Products X
Manufacture.
TTTTT....................... Primary Magnesium Refining.. X
------------------------------------------------------------------------
\1\ Program delegated to Texas Commission on Environmental Quality
(TCEQ).
\2\ Authorities which may not be delegated include: Sec. 63.6(g),
Approval of Alternative Non-Opacity Emission Standards; Sec.
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring;
Sec. 63.10(f), Approval of Major Alternatives to Recordkeeping and
Reporting; and all authorities identified in the subparts (e.g., under
``Delegation of Authority'') that cannot be delegated.
\3\ The TCEQ was previously delegated this subpart on May 17, 2005 (70
FR 13018). The subpart was vacated and remanded to EPA by the United
States Court of Appeals for the District of Columbia Circuit. See,
Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C.
Cir. 2004). Because of the D.C. Court's holding this subpart is not
delegated to TCEQ at this time.
(ii) Affected sources within Texas shall comply with the Federal
requirements of 40 CFR part 63--subpart A--General Provisions, adopted
by reference by the Texas Commission on Environmental Quality (TCEQ),
with the exception of Sec. Sec. 63.5(e)(2)(i), 63.6(i)(12)(i),
63.6(i)(13)(i) and (ii), 63.8(e)(5)(ii), 63.9(i)(3), and
63.10(e)(2)(ii). The TCEQ has adopted alternative provisions for the
cited exceptions above and affected sources in Texas that are subject to
the requirements of Subpart A shall comply with the requirements
established at Texas Administrative Code, Title 30, Part 1, Chapter 113,
Subchapter C, section 113.100.
(45)-(46) [Reserved]
(47) Virginia. (i) Virginia is delegated the authority to implement
and enforce all existing and future unchanged 40 CFR part 63 standards
at major sources, as defined in 40 CFR part 70, in accordance with the
delegation agreement between EPA Region III and the Virginia Department
of Environmental Quality, dated April 20, 1998, and any mutually
acceptable amendments to that agreement.
(ii) Virginia is delegated the authority to implement and enforce
all existing 40 CFR part 63 standards and all future unchanged 40 CFR
part 63 standards, if delegation is sought by the Virginia Department of
Environmental Quality and approved by EPA Region III, at affected
sources which are not located at major sources, as defined in 40 CFR
part 70, in accordance with the final rule, dated January 8, 2002,
effective March 11, 2002, and any mutually acceptable amendments to the
terms described in the direct final rule.
(iii) EPA has granted the Virginia Department of Environmental
Quality (DEQ) ``up-front'' approval to implement an Equivalency by
Permit (EBP) program under which the Virginia DEQ may establish and
enforce alternative State requirements for International Paper Company's
Franklin Mill in lieu of those of the National Emissions Standard for
Hazardous Air Pollutants (NESHAP) for the Pulp and Paper Industry found
at 40 CFR part 63, subpart S. The Virginia DEQ may only establish
alternative requirements for the Franklin Mill which are equivalent to
and at least as stringent as the otherwise applicable Federal
requirements. The VA DEQ must, in order to establish alternative
requirements for the Franklin Mill under its EPA approved EBP program:
(1) Submit to EPA for review pre-draft Clean Air Act (CAA) Title V
permit terms specifying alternative requirements which are at least
[[Page 173]]
as stringent as the otherwise applicable Federal requirements, (2)
obtain EPA's written approval of the alternative pre-draft CAA Title V
permit requirements, and (3) issue a CAA Title V permit for the Franklin
Mill which contains the approved alternative requirements. Until EPA has
approved the alternative permit terms and conditions and the Virginia
DEQ has issued a final CAA Title V permit incorporating them,
International Paper Company's Franklin Mill will remain subject to the
Federal NESHAP requirements found at 40 CFR part 63, subpart S.
(48) Washington. (i) The following table lists the delegation status
of specific part 63 Subparts that have been delegated to state and local
air pollution control agencies in Washington. An ``X'' indicates the
subpart has been delegated, subject to all the conditions and
limitations set forth in Federal law, regulations, policy, guidance, and
determinations. Some authorities cannot be delegated and are retained by
EPA. These include certain General Provisions authorities and specific
parts of some standards. The dates noted at the end of this table
indicate the effective dates of Federal rules that have been delegated.
Any amendments made to these rules after this effective date are not
delegated.
Delegation Status for Part 63 Standards--State of Washington \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
40 CFR Part 63, Subparts \2\ Ecology \3\ BCAA \4\ NWAPA \5\ OAPCA \6\ PSCAA \7\ SCAPCA \8\ SWCAA \9\ YRCAA \10\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions \11\....... X X X X X X X X
D Early Reductions.............. X X X X X X X X
F HON-SOCMI..................... X X X X X X X X
G HON-Process Vents............. X X X X X X X X
H HON-Equipment Leaks........... X X X X X X X X
I HON-Negotiated Leaks.......... X X X X X X X X
L Coke Oven Batteries........... X X X X X X X X
M Perchloroethylene Dry Cleaning X\3\ X\4\ X ............. X \7\ X \8\ X X \10\
N Chromium Electroplating....... X X X X X X X X
O Ethylene Oxide Sterilizers.... X X X X X X X X
Q Industrial Process Cooling X X X X X X X X
Towers.
R Gasoline Distribution......... X X X X X X X X
S Pulp and Paper \12\........... X ............ \5\ X\6\ X\7\ X\8\ X\9\ X\10\
T Halogenated Solvent Cleaning.. X X X X X X X X
U Polymers and Resins I......... X X X X X X X X
W Polymers and Resins II-Epoxy.. X X X X X X X X
X Secondary Lead Smelting....... X X X X X X X X
Y Marine Tank Vessel Loading.... X X X ............. X X X
AA Phosphoric Acid Manufacturing X X X X X X ............ X
Plants.
BB Phosphate Fertilizers X X X X X X ............ X
Production Plants.
CC Petroleum Refineries......... X X X X X X X X
DD Off-Site Waste and Recovery.. X X X X X X X X
EE Magnetic Tape Manufacturing.. X X X X X X X X
[[Page 174]]
GG Aerospace Manufacturing & X X X X X X X X
Rework.
HH Oil and Natural Gas X X X X X X ............ X
Production Facilities.
II Shipbuilding and Ship Repair. X X X X X X X X
JJ Wood Furniture Manufacturing X X X X X X X X
Operations.
KK Printing and Publishing X X X X X X X X
Industry.
LL Primary Aluminum \13\........ X
MM Chemical Recovery Combustion X
Sources at Kraft, Soda,
Sulfite, and Stand-Alone
Semichemical Pulp Mills \14\.
OO Tanks--Level 1............... X X X X X X ............ X
PP Containers................... X X X X X X ............ X
QQ Surface Impoundments......... X X X X X X ............ X
RR Individual Drain Systems..... X X X X X X ............ X
SS Closed Vent Systems, Control X X X X X X ............ X
Devices, Recovery Devices and
Routing to a Fuel Gas System or
Process.
TT Equipment Leaks--Control X X X X X X ............ X
Level 1.
UU Equipment Leaks--Control X X X X X X ............ X
Level 2.
VV Oil-Water Separators and X X X X X X ............ X
Organic-Water Separators.
WW Storage Vessels (Tanks)-- X X X ............. X X
Control Level 2.
YY Source Categories: Generic X X X ............. X X
MACT.
CCC Steel Pickling--HCl Process X X X ............. X X
Facilities and Hydrochloric
Acid Regeneration Plants.
DDD Mineral Wool Production..... X X X ............. X X
EEE Hazardous Waste Combustors.. X X X ............. X X
GGG Pharmaceuticals Production.. X X X ............. X X
HHH Natural Gas Transmission and X X X ............. X X
Storage Facilities.
III Flexible Polyurethane Foam X X X ............. X X ............ X
Production.
JJJ Polymers and Resins IV...... X X X ............. X X X
LLL Portland Cement X X X ............. X X
Manufacturing.
[[Page 175]]
MMM Pesticide Active Ingredient X X X ............. X X
Production.
NNN Wool Fiberglass X X X ............. X X
Manufacturing.
OOO Manufacture of Amino X X X ............. X X
Phenolic Resins.
PPP Polyether Polyols Production X X X ............. X X
RRR Secondary Aluminum X X ............. ............. X X
Production.
TTT Primary Lead Smelting....... X X X ............. X X
VVV Publicly Owned Treatment X X X ............. X X
Works.
XXX Ferroalloys Production: X X X ............. X X
Ferromanganese &
Silicomanganese.
CCCC Manufacture of Nutritional ................ ............ ............. ............. X
Yeast.
GGGG Extraction of Vegetable Oil ................ ............ ............. ............. X
VVVV Boat Manufacturing ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table last updated on April 15, 2002. See 40 CFR 61.04(b)(WW) for agency addresses.
\2\ Any authority within any subpart of this part that is identified as not delegatable, is not delegated.
\3\ Washington State Department of Ecology (03/13/2001 for MM, 02/20/2001 for all others). Note: delegation of subpart M applies only to those sources
required to obtain an operating permit under Title V of the Clean Air Act.
\4\ Benton Clean Air Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title
V of the Clean Air Act.
\5\ Northwest Air Pollution Control Agency (07/01/2000). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft
and Sulfite Pulping Mills (see footnote 12).
\6\ Olympic Air Pollution Control Agency (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
Mills (see footnote 12).
\7\ Puget Sound Clean Air Agency (07/01/2001). Note: delegation of subpart S applies to all applicable facilities and processes exept Kraft and Sulfite
Pulping Mills (see footnote 12). For information about delegation of subpart M, see paragraph (a)(48)(ii) of this section.
\8\ Spokane County Air Pollution Control Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an
operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and
Sulfite Pulping Mills (see footnote 12).
\9\ Southwest Clean Air Agency (08/01/1998). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite
Pulping Mills (see footnote 12).
\10\ Yakima Regional Clean Air Authority (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
Mills (see footnote 12).
\11\ General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to
monitoring, and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For
definitions of minor, intermediate, and major alternatives to test methods and monitoring, see Sec. 63.90.
\12\ Subpart S of this part as it pertains to Kraft and Sulfite Pulping Mills cannot be delegated to any local agencies in Washington. The Washington
State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-
405-012 and 173-410-012.
\13\ Subpart LL of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
authority to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.
\14\ Subpart MM of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.
(ii) Affected area sources within Puget Sound Clean Air's
jurisdiction must comply with Puget Sound Clean Air's Regulation III,
sections 3.03, Perchloroethylene Dry Cleaners, (incorporated by
reference as specified in 40 CFR 63.14) as follows:
(A) The material incorporated in Puget Sound Clean Air's Regulation
III, section 3.03, Perchloroethylene Dry Cleaners, pertains to the
perchloroethylene dry cleaning source category in the Puget Sound Clean
Air jurisdiction, and has been approved under the procedures in 40 CFR
63.93 to be implemented and enforced in place of the federal NESHAPs for
[[Page 176]]
Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M),
for area sources, as defined in 40 CFR 63.320(h).
(1) Authorities not delegated.
(i) Puget Sound Clean Air is not delegated the authority to
implement and enforce Puget Sound Clean Air Regulation III, sections
3.03 in lieu of those provisions of subpart M which applies to major
sources, as defined in 40 CFR 63.320(g). Dry cleaning facilities which
are major sources remain subject to subpart M.
(ii) Puget Sound Clean Air is not delegated the authority of 40 CFR
63.325 to determine equivalency of emissions control technologies. Any
source seeking permission to use an alternative means of emission
limitation under Puget Sound Clean Air Regulation I, section 3.23 must
also receive approval from the Administrator before using such
alternative means of emission limitation for the purpose of complying
with section 112.
(B) [Reserved]
Note to paragraph (a)(48): Dates in parenthesis indicate the
effective date of the federal rules that have been adopted by and
delegated to the state or local air pollution control agency. Therefore,
any amendments made to these delegated rules after this effective date
are not delegated to the agency.
(49) West Virginia. (i) West Virginia is delegated the authority to
implement and enforce all existing and future unchanged 40 CFR part 63
standards at major sources, as defined in 40 CFR part 70, in accordance
with the delegation agreement between EPA Region III and the West
Virginia Department of Environmental Protection, dated March 19, 2001,
and any mutually acceptable amendments to that agreement.
(ii) West Virginia is delegated the authority to implement and
enforce all existing 40 CFR part 63 standards and all future unchanged
40 CFR part 63 standards, if delegation is sought by the West Virginia
Department of Environmental Protection and approved by EPA Region III,
at affected sources which are not located at major sources, as defined
in 40 CFR part 70, in accordance with the final rule, dated April 2,
2002, effective June 3, 2002, and any mutually acceptable amendments to
the terms described in the direct final rule.
[61 FR 25399, May 21, 1996]
Editorial Note: For Federal Register citations affecting Sec.
63.99, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Effective Date Note: At 76 FR 30550, May 26, 2011, Sec. 63.99 was
amended by revising paragraph (a)(20)(iii), effective July 25, 2011. For
the convenience of the user, the revised text is set forth as follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(20) * * *
(iii) Affected area sources within Maine must comply with the Maine
Regulations Applicable to Hazardous Air Pollutants (incorporated by
reference as specified in Sec. 63.14) as described in paragraph
(a)(20)(iii)(A) of this section:
(A) The material incorporated into the Maine Department of
Environmental Protection regulations at Chapter 125, Perchloroethylene
Dry Cleaner Regulation, effective as of June 2, 1991, last amended on
June 24, 2009, pertaining to dry cleaning facilities in the State of
Maine jurisdiction, and approved under the procedures in Sec. 63.93 to
be implemented and enforced in place of the Federal NESHAP for
Perchloroethylene Dry Cleaning Facilities (subpart M of this part),
effective as of July 11, 2008, for area sources only, as defined in
Sec. 63.320(h).
(1) Authorities not delegated.
(i) Maine is not delegated the Administrator's authority to
implement and enforce Maine regulations at Chapter 125, in lieu of those
provisions of subpart M of this part which apply to major sources, as
defined in Sec. 63.320(g).
(ii) Maine is not delegated the Administrator's authority to
implement and enforce Maine regulations at Chapter 125, in lieu of those
provisions of subpart M of this part which apply to dry cleaning systems
installed in a building with a residence between July 13, 2006 and June
24, 2009, as defined in Sec. 63.320(b)(2)(i) and Sec. 63.322(o)(4).
(2) [Reserved]
(B) [Reserved]
* * * * *
[[Page 177]]
Subpart F_National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
Source: 59 FR 19454, Apr. 22, 1994, unless otherwise noted.
Sec. 63.100 Applicability and designation of source.
(a) This subpart provides applicability provisions, definitions, and
other general provisions that are applicable to subparts G and H of this
part.
(b) Except as provided in paragraphs (b)(4) and (c) of this section,
the provisions of subparts F, G, and H of this part apply to chemical
manufacturing process units that meet all the criteria specified in
paragraphs (b)(1), (b)(2), and (b)(3) of this section:
(1) Manufacture as a primary product one or more of the chemicals
listed in paragraphs (b)(1)(i) or (b)(1)(ii) of this section.
(i) One or more of the chemicals listed in table 1 of this subpart;
or
(ii) One or more of the chemicals listed in paragraphs (b)(1)(ii)(A)
or (b)(1)(ii)(B) of this section:
(A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
(B) Crotonaldehyde (CAS Number 123-73-9).
(2) Use as a reactant or manufacture as a product, or co-product,
one or more of the organic hazardous air pollutants listed in table 2 of
this subpart;
(3) Are located at a plant site that is a major source as defined in
section 112(a) of the Act.
(4) The owner or operator of a chemical manufacturing processing
unit is exempt from all requirements of subparts F, G, and H of this
part until not later than April 22, 1997 if the owner or operator
certifies, in a notification to the appropriate EPA Regional Office, not
later than May 14, 1996, that the plant site at which the chemical
manufacturing processing unit is located emits, and will continue to
emit, during any 12-month period, less than 10 tons per year of any
individual hazardous air pollutants (HAP), and less than 25 tons per
year of any combination of HAP.
(i) If such a determination is based on limitations and conditions
that are not federally enforceable (as defined in subpart A of this
part), the owner or operator shall document the basis for the
determination as specified in paragraphs (b)(4)(i)(A) through
(b)(4)(i)(C) and comply with the recordkeeping requirement in 63.103(f).
(A) The owner or operator shall identify all HAP emission points at
the plant site, including those emission points subject to and emission
points not subject to subparts F, G, and H;
(B) The owner or operator shall calculate the amount of annual HAP
emissions released from each emission point at the plant site, using
acceptable measurement or estimating techniques for maximum expected
operating conditions at the plant site. Examples of estimating
procedures that are considered acceptable include the calculation
procedures in Sec. 63.150 of subpart G, the early reduction
demonstration procedures specified in Sec. Sec. 63.74 (c)(2), (c)(3),
(d)(2), (d)(3), and (g), or accepted engineering practices. If the total
annual HAP emissions for the plant site are annually reported under
Emergency Planning and Community Right-to-Know Act (EPCRA) section 313,
then such reported annual emissions may be used to satisfy the
requirements of Sec. 63.100(b)(4)(i)(B).
(C) The owner or operator shall sum the amount of annual HAP
emissions from all emission points on the plant site. If the total
emissions of any one HAP are less than 10 tons per year and the total
emissions of any combination of HAP are less than 25 tons per year, the
plant site qualifies for the exemption described in paragraph (b)(4) of
this section, provided that emissions are kept below these thresholds.
(ii) If such a determination is based on limitations and conditions
that are federally enforceable (as defined in subpart A of this part),
the owner or operator is not subject to the provisions of paragraph
(b)(4) of this section.
(c) The owner or operator of a chemical manufacturing process unit
that meets the criteria specified in paragraphs (b)(1) and (b)(3) of
this section but does not use as a reactant or manufacture as a product
or co-product, any organic hazardous air pollutant listed
[[Page 178]]
in table 2 of this subpart shall comply only with the requirements of
Sec. 63.103(e) of this subpart. To comply with this subpart, such
chemical manufacturing process units shall not be required to comply
with the provisions of subpart A of this part.
(d) The primary product of a chemical manufacturing process unit
shall be determined according to the procedures specified in paragraphs
(d)(1), (d)(2), (d)(3), and (d)(4) of this section.
(1) If a chemical manufacturing process unit produces more than one
intended chemical product, the product with the greatest annual design
capacity on a mass basis determines the primary product of the process.
(2) If a chemical manufacturing process unit has two or more
products that have the same maximum annual design capacity on a mass
basis and if one of those chemicals is listed in table 1 of this
subpart, then the listed chemical is considered the primary product and
the chemical manufacturing process unit is subject to this subpart. If
more than one of the products is listed in table 1 of this subpart, then
the owner or operator may designate as the primary product any of the
listed chemicals and the chemical manufacturing process unit is subject
to this subpart.
(3) For chemical manufacturing process units that are designed and
operated as flexible operation units producing one or more chemicals
listed in table 1 of this subpart, the primary product shall be
determined for existing sources based on the expected utilization for
the five years following April 22, 1994 and for new sources based on the
expected utilization for the first five years after initial start-up.
(i) If the predominant use of the flexible operation unit, as
described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section,
is to produce one or more chemicals listed in table 1 of this subpart,
then the flexible operation unit shall be subject to the provisions of
subparts F, G, and H of this part.
(A) If the flexible operation unit produces one product for the
greatest annual operating time, then that product shall represent the
primary product of the flexible operation unit.
(B) If the flexible operation unit produces multiple chemicals
equally based on operating time, then the product with the greatest
annual production on a mass basis shall represent the primary product of
the flexible operation unit.
(ii) The determination of applicability of this subpart to chemical
manufacturing process units that are designed and operated as flexible
operation units shall be reported as part of an operating permit
application or as otherwise specified by the permitting authority.
(4) Notwithstanding the provisions of paragraph (d)(3) of this
section, for chemical manufacturing process units that are designed and
operated as flexible operation units producing a chemical listed in
paragraph (b)(1)(ii) of this section, the primary product shall be
determined for existing sources based on the expected utilization for
the five years following May 12, 1998 and for new sources based on the
expected utilization for the first five years after initial start-up.
(i) The predominant use of the flexible operation unit shall be
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this
section. If the predominant use is to produce one of the chemicals
listed in paragraph (b)(1)(ii) of this section, then the flexible
operation unit shall be subject to the provisions of this subpart and
subparts G and H of this part.
(ii) The determination of applicability of this subpart to chemical
manufacturing process units that are designed and operated as flexible
operation units shall be reported as part of an operating permit
application or as otherwise specified by the permitting authority.
(e) The source to which this subpart applies is the collection of
all chemical manufacturing process units and the associated equipment at
a major source that meet the criteria specified in paragraphs (b)(1)
through (3) of this section. The source includes the process vents;
storage vessels; transfer racks; waste management units; maintenance
wastewater; heat exchange systems; equipment identified in Sec. 63.149;
and pumps, compressors, agitators, pressure relief devices, sampling
connection systems, open-ended
[[Page 179]]
valves or lines, valves, connectors, instrumentation systems, surge
control vessels, and bottoms receivers that are associated with that
collection of chemical manufacturing process units. The source also
includes equipment required by, or utilized as a method of compliance
with, subparts F, G, or H of this part which may include control devices
and recovery devices.
(1) This subpart applies to maintenance wastewater and heat exchange
systems within a source that is subject to this subpart.
(2) This subpart F and subpart G of this part apply to process
vents, storage vessels, transfer racks, equipment identified in Sec.
63.149 of subpart G of this part, and wastewater streams and associated
treatment residuals within a source that is subject to this subpart.
(3) This subpart F and subpart H of this part apply to pumps,
compressors, agitators, pressure relief devices, sampling connection
systems, open-ended valves or lines, valves, connectors, instrumentation
systems, surge control vessels, and bottoms receivers within a source
that is subject to this subpart. If specific items of equipment,
comprising part of a chemical manufacturing process unit subject to this
subpart, are managed by different administrative organizations (e.g.,
different companies, affiliates, departments, divisions, etc.), those
items of equipment may be aggregated with any chemical manufacturing
process unit within the source for all purposes under subpart H of this
part, providing there is no delay in the applicable compliance date in
Sec. 63.100(k).
(f) The source includes the emission points listed in paragraphs
(f)(1) through (f)(11) of this section, but those emission points are
not subject to the requirements of this subpart F and subparts G and H
of this part. This subpart does not require emission points that are
listed in paragraphs (f)(1) through (f)(11) of this section to comply
with the provisions of subpart A of this part.
(1) Equipment that is located within a chemical manufacturing
process unit that is subject to this subpart but the equipment does not
contain organic hazardous air pollutants.
(2) Stormwater from segregated sewers;
(3) Water from fire-fighting and deluge systems in segregated
sewers;
(4) Spills;
(5) Water from safety showers;
(6) Water from testing of deluge systems;
(7) Water from testing of firefighting systems;
(8) Vessels storing organic liquids that contain organic hazardous
air pollutants only as impurities;
(9) Loading racks, loading arms, or loading hoses that only transfer
liquids containing organic hazardous air pollutants as impurities;
(10) Loading racks, loading arms, or loading hoses that vapor
balance during all loading operations; and
(11) Equipment that is intended to operate in organic hazardous air
pollutant service, as defined in Sec. 63.161 of subpart H of this part,
for less than 300 hours during the calendar year.
(g) The owner or operator shall follow the procedures specified in
paragraphs (g)(1) through (g)(4) of this section to determine whether a
storage vessel is part of the source to which this subpart applies.
(1) Where a storage vessel is dedicated to a chemical manufacturing
process unit, the storage vessel shall be considered part of that
chemical manufacturing process unit.
(i) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section, then the storage vessel is part of the source to which this
subpart applies.
(ii) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the storage vessel is not part of the source to which
this subpart applies.
(2) If a storage vessel is not dedicated to a single chemical
manufacturing process unit, then the applicability of this subpart F and
subpart G of this part shall be determined according to the provisions
in paragraphs (g)(2)(i) through (g)(2)(iii) of this section.
(i) If a storage vessel is shared among chemical manufacturing
process units and one of the process units has the predominant use, as
determined by
[[Page 180]]
paragraph (g)(2)(i)(A) and (g)(2)(i)(B) of this section, then the
storage vessel is part of that chemical manufacturing process unit.
(A) If the greatest input into the storage vessel is from a chemical
manufacturing process unit that is located on the same plant site, then
that chemical manufacturing process unit has the predominant use.
(B) If the greatest input into the storage vessel is provided from a
chemical manufacturing process unit that is not located on the same
plant site, then the predominant use is the chemical manufacturing
process unit on the same plant site that receives the greatest amount of
material from the storage vessel.
(ii) If a storage vessel is shared among chemical manufacturing
process units so that there is no single predominant use, and at least
one of those chemical manufacturing process units is subject to this
subpart, the storage vessel shall be considered to be part of the
chemical manufacturing process unit that is subject to this subpart. If
more than one chemical manufacturing process unit is subject to this
subpart, the owner or operator may assign the storage vessel to any of
the chemical manufacturing process units subject to this subpart.
(iii) If the predominant use of a storage vessel varies from year to
year, then the applicability of this subpart shall be determined
according to the criteria in paragraphs (g)(2)(iii)(A) and
(g)(2)(iii)(B) of this section, as applicable. This determination shall
be reported as part of an operating permit application or as otherwise
specified by the permitting authority.
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
12-month period preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section and
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
12-month period preceding May 12, 1998.
(iv) If there is a change in the material stored in the storage
vessel, the owner or operator shall reevaluate the applicability of this
subpart to the vessel.
(3) Where a storage vessel is located at a major source that
includes one or more chemical manufacturing process units which place
material into, or receive materials from the storage vessel, but the
storage vessel is located in a tank farm (including a marine tank farm),
the applicability of this subpart F and subpart G of this part shall be
determined according to the provisions in paragraphs (g)(3)(i) through
(g)(3)(iv) of this section.
(i) The storage vessel may only be assigned to a chemical
manufacturing process unit that utilizes the storage vessel and does not
have an intervening storage vessel for that product (or raw material, as
appropriate). With respect to any chemical manufacturing process unit,
an intervening storage vessel means a storage vessel connected by hard-
piping to the chemical manufacturing process unit and to the storage
vessel in the tank farm so that product or raw material entering or
leaving the chemical manufacturing process unit flows into (or from) the
intervening storage vessel and does not flow directly into (or from) the
storage vessel in the tank farm.
(ii) If there is no chemical manufacturing process unit at the major
source that meets the criteria of paragraph (g)(3)(i) of this section
with respect to a storage vessel, this subpart F and subpart G of this
part do not apply to the storage vessel.
(iii) If there is only one chemical manufacturing process unit at
the major source that meets the criteria of paragraph (g)(3)(i) of this
section with respect to a storage vessel, the storage vessel shall be
assigned to that chemical manufacturing process unit. Applicability of
this subpart F and subpart G to this part to the storage vessel shall
then be determined according to the provisions of paragraph (b) of this
section.
(iv) If there are two or more chemical manufacturing process units
at the major source that meet the criteria of
[[Page 181]]
paragraph (g)(3)(i) of this section with respect to a storage vessel,
the storage vessel shall be assigned to one of those chemical
manufacturing process units according to the provisions of paragraph
(g)(2) of this section. The predominant use shall be determined among
only those chemical manufacturing process units that meet the criteria
of paragraph (g)(3)(i) of this section. Applicability of this subpart F
and subpart G of this part to the storage vessel shall then be
determined according to the provisions of paragraph (b) of this section.
(4) If the storage vessel begins receiving material from (or sending
material to) another chemical manufacturing process unit, or ceases to
receive material from (or send material to) a chemical manufacturing
process unit, or if the applicability of this subpart F and subpart G of
this part to a storage vessel has been determined according to the
provisions of paragraphs (g)(2)(i) and (g)(2)(ii) of this section and
there is a change so that the predominant use may reasonably have
changed, the owner or operator shall reevaluate the applicability of
this subpart to the storage vessel.
(h) The owner or operator shall follow the procedures specified in
paragraphs (h)(1) and (h)(2) of this section to determine whether the
arms and hoses in a loading rack are part of the source to which this
subpart applies.
(1) Where a loading rack is dedicated to a chemical manufacturing
process unit, the loading rack shall be considered part of that specific
chemical manufacturing process unit.
(i) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section and the loading rack does not meet the criteria specified in
paragraphs (f)(9) and (f)(10) of this section, then the loading rack is
considered a transfer rack (as defined in Sec. 63.101 of this subpart)
and is part of the source to which this subpart applies.
(ii) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the loading rack is not considered a transfer rack
(as defined in Sec. 63.101 of this subpart) and is not a part of the
source to which this subpart applies.
(2) If a loading rack is shared among chemical manufacturing process
units, then the applicability of this subpart F and subpart G of this
part shall be determined at each loading arm or loading hose according
to the provisions in paragraphs (h)(2)(i) through (h)(2)(iv) of this
section.
(i) Each loading arm or loading hose that is dedicated to the
transfer of liquid organic hazardous air pollutants listed in table 2 of
this subpart from a chemical manufacturing process unit to which this
subpart applies is part of that chemical manufacturing process unit and
is part of the source to which this subpart applies unless the loading
arm or loading hose meets the criteria specified in paragraphs (f)(9) or
(f)(10) of this section.
(ii) If a loading arm or loading hose is shared among chemical
manufacturing process units, and one of the chemical manufacturing
process units provides the greatest amount of the material that is
loaded by the loading arm or loading hose, then the loading arm or
loading hose is part of that chemical manufacturing process unit.
(A) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section, then the loading arm or loading hose is part of the source to
which this subpart applies unless the loading arm or loading hose meets
the criteria specified in paragraphs (f)(9) or (f)(10) of this section.
(B) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the loading arm or loading hose is not part of the
source to which this subpart applies.
(iii) If a loading arm or loading hose is shared among chemical
manufacturing process units so that there is no single predominant use
as described in paragraph (h)(2)(ii) of this section and at least one of
those chemical manufacturing process units is subject to this subpart,
then the loading arm or hose is part of the chemical manufacturing
process unit that is subject to this subpart. If more than one of the
[[Page 182]]
chemical manufacturing process units is subject to this subpart, the
owner or operator may assign the loading arm or loading hose to any of
the chemical manufacturing process units subject to this subpart.
(iv) If the predominant use of a loading arm or loading hose varies
from year to year, then the applicability of this subpart shall be
determined according to the criteria in paragraphs (h)(2)(iv)(A) and
(h)(2)(iv)(B) of this section, as applicable. This determination shall
be reported as part of an operating permit application or as otherwise
specified by the permitting authority.
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
12-month period preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section and
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
year preceding May 12, 1998.
(3) If a loading rack that was dedicated to a single chemical
manufacturing process unit begins to serve another chemical
manufacturing process unit, or if applicability was determined under the
provisions of paragraphs (h)(2)(i) through (h)(2)(iii) of this section
and there is a change so that the predominant use may reasonably have
changed, the owner or operator shall reevaluate the applicability of
this subpart to the loading rack, loading arm, or loading hose.
(i) Except as provided in paragraph (i)(4) of this section, the
owner or operator shall follow the procedures specified in paragraphs
(i)(1) through (i)(3) and (i)(5) of this section to determine whether
the vent(s) from a distillation unit is part of the source to which this
subpart applies.
(1) Where a distillation unit is dedicated to a chemical
manufacturing process unit, the distillation column shall be considered
part of that chemical manufacturing process unit.
(i) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section, then the distillation unit is part of the source to which this
subpart applies.
(ii) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the distillation unit is not part of the source to
which this subpart applies.
(2) If a distillation unit is not dedicated to a single chemical
manufacturing process unit, then the applicability of this subpart and
subpart G of this part shall be determined according to the provisions
in paragraphs (i)(2)(i) through (i)(2)(iv) of this section.
(i) If the greatest input to the distillation unit is from a
chemical manufacturing process unit located on the same plant site, then
the distillation unit shall be assigned to that chemical manufacturing
process unit.
(ii) If the greatest input to the distillation unit is provided from
a chemical manufacturing process unit that is not located on the same
plant site, then the distillation unit shall be assigned to the chemical
manufacturing process unit located at the same plant site that receives
the greatest amount of material from the distillation unit.
(iii) If a distillation unit is shared among chemical manufacturing
process units so that there is no single predominant use as described in
paragraphs (i)(2)(i) and (i)(2)(ii) of this section, and at least one of
those chemical manufacturing process units is subject to this subpart,
the distillation unit shall be assigned to the chemical manufacturing
process unit that is subject to this subpart. If more than one chemical
manufacturing process unit is subject to this subpart, the owner or
operator may assign the distillation unit to any of the chemical
manufacturing process units subject to this subpart.
(iv) If the predominant use of a distillation unit varies from year
to year, then the applicability of this subpart shall be determined
according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B),
as applicable. This determination shall be included as part of
[[Page 183]]
an operating permit application or as otherwise specified by the
permitting authority.
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
year preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section and
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
year preceding May 12, 1998.
(3) If the chemical manufacturing process unit to which the
distillation unit is assigned is subject to this subpart, then each vent
from the individual distillation unit shall be considered separately to
determine whether it is a process vent (as defined in Sec. 63.101 of
this subpart). Each vent that is a process vent is part of the source to
which this subpart applies.
(4) If the distillation unit is part of one of the chemical
manufacturing process units listed in paragraphs (i)(4)(i) through
(i)(4)(iii) of this section, then each vent from the individual
distillation unit shall be considered separately to determine whether it
is a process vent (as defined in Sec. 63.101 of this subpart). Each
vent that is a process vent is part of the source to which this subpart
applies:
(i) The Aromex unit that produces benzene, toluene, and xylene;
(ii) The unit that produces hexane; or
(iii) The unit that produces cyclohexane.
(5) If a distillation unit that was dedicated to a single chemical
manufacturing process unit, or that was part of a chemical manufacturing
unit identified in paragraphs (i)(4)(i) through (i)(4)(iii) of this
section, begins to serve another chemical manufacturing process unit, or
if applicability was determined under the provisions of paragraphs
(i)(2)(i) through (i)(2)(iii) of this section and there is a change so
that the predominant use may reasonably have changed, the owner or
operator shall reevaluate the applicability of this subpart to the
distillation unit.
(j) The provisions of subparts F, G, and H of this part do not apply
to the processes specified in paragraphs (j)(1) through (j)(6) of this
section. Subparts F, G, and H do not require processes specified in
paragraphs (j)(1) through (j)(6) to comply with the provisions of
subpart A of this part.
(1) Research and development facilities, regardless of whether the
facilities are located at the same plant site as a chemical
manufacturing process unit that is subject to the provisions of subparts
F, G, or H of this part.
(2) Petroleum refining process units, regardless of whether the
units supply feedstocks that include chemicals listed in table 1 of this
subpart to chemical manufacturing process units that are subject to the
provisions of subparts F, G, or H of this part.
(3) Ethylene process units, regardless of whether the units supply
feedstocks that include chemicals listed in table 1 of this subpart to
chemical manufacturing process units that are subject to the provisions
of subpart F, G, or H of this part.
(4) Batch process vents within a chemical manufacturing process
unit.
(5) Chemical manufacturing process units that are located in coke
by-product recovery plants.
(6) Solvent reclamation, recovery, or recycling operations at
hazardous waste TSDF facilities requiring a permit under 40 CFR part 270
that are separate entities and not part of a SOCMI chemical
manufacturing process unit.
(k) Except as provided in paragraphs (l), (m), and (p) of this
section, sources subject to subparts F, G, or H of this part are
required to achieve compliance on or before the dates specified in
paragraphs (k)(1) through (k)(8) of this section.
(1)(i) New sources that commence construction or reconstruction
after December 31, 1992, but before August 27, 1996 shall be in
compliance with this subpart F, subparts G and H of this part upon
initial start-up or by April 22, 1994, whichever is later, as provided
in Sec. 63.6(b) of subpart A of this part, and further, where start-up
occurs before January 17, 1997 shall also be in compliance with this
subpart F and subparts
[[Page 184]]
G and H of this part (as amended on January 17, 1997) by January 17,
1997, except that, with respect to all new sources that commenced
construction or reconstruction after December 31, 1992, and before
August 27, 1996:
(A) Heat exchange systems and maintenance wastewater, that are part
of a new source on which construction or reconstruction commenced after
December 31, 1992, but before August 27, 1996, shall be in compliance
with this subpart F no later than initial start-up or 180 days after
January 17, 1997, whichever is later;
(B) Process wastewater streams and equipment subject to Sec.
63.149, that are part of a new source on which construction or
reconstruction commenced after December 31, 1992, but before August 27,
1996, shall be in compliance with this subpart F and subpart G of this
part no later than initial start-up or 180 days after January 17, 1997,
whichever is later; and
(ii) New sources that commence construction after August 26, 1996
shall be in compliance with this subpart F, subparts G and H of this
part upon initial start-up or by January 17, 1997, whichever is later.
(2) Existing sources shall be in compliance with this subpart F and
subpart G of this part no later than the dates specified in paragraphs
(k)(2)(i) and (k)(2)(ii) of this section, unless an extension has been
granted by the Administrator as provided in Sec. 63.151(a)(6) of
subpart G of this part or granted by the permitting authority as
provided in Sec. 63.6(i) of subpart A of this part.
(i) Process vents, storage vessels, and transfer racks at an
existing source shall be in compliance with the applicable sections of
this subpart and subpart G of this part no later than April 22, 1997.
(ii) Heat exchange systems and maintenance wastewater shall be in
compliance with the applicable sections of this subpart, and equipment
subject to Sec. 63.149 and process wastewater streams shall be in
compliance with the applicable sections of this subpart and subpart G of
this part no later than April 22, 1999, except as provided in paragraphs
(k)(2)(ii)(A) and (k)(2)(ii)(B) of this section.
(A) If a process wastewater stream or equipment subject to Sec.
63.149 is subject to the control requirements of subpart G of this part
due to the contribution of nitrobenzene to the total annual average
concentration (as determined according to the procedures in Sec.
63.144(b) of subpart G of this part), the wastewater stream shall be in
compliance no later than January 18, 2000.
(B) If a process wastewater stream is used to generate credits in an
emissions average in accordance with Sec. 63.150 of subpart G of this
part, the process wastewater stream shall be in compliance with the
applicable sections of subpart G of this part no later than April 22,
1997.
(3) Existing sources shall be in compliance with subpart H of this
part no later than the dates specified in paragraphs (k)(3)(i) through
(k)(3)(v) of this section, except as provided for in paragraphs (k)(4)
through (k)(8) of this section, unless an extension has been granted by
the Administrator as provided in Sec. 63.182(a)(6) of this part or
granted by the permitting authority as provided in Sec. 63.6(i) of
subpart A of this part. The group designation for each process unit is
indicated in table 1 of this subpart.
(i) Group I: October 24, 1994.
(ii) Group II: January 23, 1995.
(iii) Group III: April 24, 1995.
(iv) Group IV: July 24, 1995.
(v) Group V: October 23, 1995.
(4) Existing chemical manufacturing process units in Groups I and II
as identified in table 1 of this subpart shall be in compliance with the
requirements of Sec. 63.164 of subpart H no later than May 10, 1995,
for any compressor meeting one or more of the criteria in paragraphs
(k)(4)(i) through (k)(4)(iv) of this section, if the work can be
accomplished without a process unit shutdown, as defined in Sec. 63.161
in subpart H.
(i) The seal system will be replaced;
(ii) A barrier fluid system will be installed;
(iii) A new barrier fluid will be utilized which requires changes to
the existing barrier fluid system; or
(iv) The compressor must be modified to permit connecting the
compressor to a closed vent system.
[[Page 185]]
(5) Existing chemical manufacturing process units shall be in
compliance with the requirements of Sec. 63.164 in subpart H no later
than 1 year after the applicable compliance date specified in paragraph
(k)(3) of this section, for any compressor meeting the criteria in
paragraphs (k)(5)(i) through (k)(5)(iv) of this section.
(i) The compressor meets one or more of the criteria specified in
paragraphs (k)(4) (i) through (iv) of this section;
(ii) The work can be accomplished without a process unit shutdown as
defined in Sec. 63.161 of subpart H;
(iii) The additional time is actually necessary due to the
unavailability of parts beyond the control of the owner or operator; and
(iv) The owner or operator submits a request to the appropriate EPA
Regional Office at the addresses listed in Sec. 63.13 of subpart A of
this part no later than 45 days before the applicable compliance date in
paragraph (k)(3) of this section, but in no event earlier than May 10,
1995. The request shall include the information specified in paragraphs
(k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless the EPA
Regional Office objects to the request within 30 days after receipt, the
request shall be deemed approved.
(A) The name and address of the owner or operator and the address of
the existing source if it differs from the address of the owner or
operator;
(B) The name, address, and telephone number of a contact person for
further information;
(C) An identification of the chemical manufacturing process unit,
and of the specific equipment for which additional compliance time is
required;
(D) The reason compliance can not reasonably be achieved by the
applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of
this section; and
(E) The date by which the owner or operator expects to achieve
compliance.
(6)(i) If compliance with the compressor provisions of Sec. 63.164
of subpart H of this part can not reasonably be achieved without a
process unit shutdown, as defined in Sec. 63.161 of subpart H, the
owner or operator shall achieve compliance no later than April 22, 1996,
except as provided for in paragraph (k)(6)(ii) of this section. The
owner or operator who elects to use this provision shall comply with the
requirements of Sec. 63.103(g) of this subpart.
(ii) If compliance with the compressor provisions of Sec. 63.164 of
subpart H of this part can not be achieved without replacing the
compressor or recasting the distance piece, the owner or operator shall
achieve compliance no later than April 22, 1997. The owner or operator
who elects to use this provision shall also comply with the requirements
of Sec. 63.103(g) of this subpart.
(7) Existing sources shall be in compliance with the provisions of
Sec. 63.170 of subpart H no later than April 22, 1997.
(8) If an owner or operator of a chemical manufacturing process unit
subject to the provisions of subparts F, G, and H of part 63 plans to
implement pollution prevention measures to eliminate the use or
production of HAP listed in table 2 of this subpart by October 23, 1995,
the provisions of subpart H do not apply regardless of the compliance
dates specified in paragraph (k)(3) of this section. The owner or
operator who elects to use this provision shall comply with the
requirements of Sec. 63.103(h) of this subpart.
(9) All terms in this subpart F or subpart G of this part that
define a period of time for completion of required tasks (e.g., weekly,
monthly, quarterly, annual), unless specified otherwise in the section
or subsection that imposes the requirement, refer to the standard
calendar periods.
(i) Notwithstanding time periods specified in this subpart F or
subpart G of this part for completion of required tasks, such time
periods may be changed by mutual agreement between the owner or operator
and the Administrator, as specified in subpart A of this part (e.g., a
period could begin on the compliance date or another date, rather than
on the first day of the standard calendar period). For each time period
that is changed by agreement, the revised period shall remain in effect
until it is changed. A new request is not necessary for each recurring
period.
(ii) Where the period specified for compliance is a standard
calendar period, if the initial compliance date occurs after the
beginning of the period,
[[Page 186]]
compliance shall be required according to the schedule specified in
paragraphs (k)(9)(ii)(A) or (k)(9)(ii)(B) of this section, as
appropriate.
(A) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remain at least 3 days for tasks that must be performed weekly, at least
2 weeks for tasks that must be performed monthly, at least 1 month for
tasks that must be performed each quarter, or at least 3 months for
tasks that must be performed annually; or
(B) In all other cases, compliance shall be required before the end
of the first full standard calendar period after the period within which
the initial compliance deadline occurs.
(iii) In all instances where a provision of this subpart F or
subpart G of this part requires completion of a task during each of
multiple successive periods, an owner or operator may perform the
required task at any time during the specified period, provided the task
is conducted at a reasonable interval after completion of the task
during the previous period.
(l)(1) If an additional chemical manufacturing process unit meeting
the criteria specified in paragraph (b) of this section is added to a
plant site that is a major source as defined in section 112(a) of the
Act, the addition shall be subject to the requirements for a new source
in subparts F, G, and H of this part if:
(i) It is an addition that meets the definition of construction in
Sec. 63.2 of subpart A of this part;
(ii)(A) Such construction commenced after December 31, 1992 for
chemical manufacturing process units that produce as a primary product
one or more of the chemicals listed in table 1 of this subpart;
(B) Such construction commenced after August 22, 1997 for chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section;
and
(iii) The addition has the potential to emit 10 tons per year or
more of any HAP or 25 tons per year or more of any combination of HAP's,
unless the Administrator establishes a lesser quantity.
(2) If any change is made to a chemical manufacturing process unit
subject to this subpart, the change shall be subject to the requirements
of a new source in subparts F, G, and H of this part if:
(i) It is a change that meets the definition of reconstruction in
Sec. 63.2 of subpart A of this part; and
(ii)(A) Such reconstruction commenced after December 31, 1992 for
chemical manufacturing process units that produce as a primary product
one or more of the chemicals listed in table 1 of this subpart; and
(B) Such construction commenced after August 22, 1997 for chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section.
(3) If an additional chemical manufacturing process unit is added to
a plant site or a change is made to a chemical manufacturing process
unit and the addition or change is determined to be subject to the new
source requirements according to paragraph (l)(1) or (l)(2) of this
section:
(i) The new or reconstructed source shall be in compliance with the
new source requirements of subparts F, G, and H of this part upon
initial start-up of the new or reconstructed source or by April 22,
1994, whichever is later; and
(ii) The owner or operator of the new or reconstructed source shall
comply with the reporting and recordkeeping requirements in subparts F,
G, and H of this part that are applicable to new sources. The applicable
reports include, but are not limited to:
(A) The application for approval of construction or reconstruction
which shall be submitted by the date specified in Sec. 63.151(b)(2)(ii)
of subpart G of this part, or an Initial Notification as specified in
Sec. 63.151(b)(2)(iii) of subpart G of this part;
(B) Changes that meet the criteria in Sec. 63.151(j) of subpart G
of this part, unless the information has been submitted in an operating
permit application or amendment;
[[Page 187]]
(C) The Notification of Compliance Status as required by Sec.
63.152(b) of subpart G of this part for the new or reconstructed source;
(D) Periodic Reports and Other Reports as required by Sec.
63.152(c) and (d) of subpart G of this part;
(E) Reports required by Sec. 63.182 of subpart H of this part; and
(F) Reports and notifications required by sections of subpart A of
this part that are applicable to subparts F, G, and H of this part, as
identified in table 3 of this subpart.
(4) If an additional chemical manufacturing process unit is added to
a plant site, or if an emission point is added to an existing chemical
manufacturing process unit, or if another deliberate operational process
change creating an additional Group 1 emission point(s) is made to an
existing chemical manufacturing process unit, or if a surge control
vessel or bottoms receiver becomes subject to Sec. 63.170 of subpart H,
or if a compressor becomes subject to Sec. 63.164 of subpart H, and if
the addition or change is not subject to the new source requirements as
determined according to paragraph (l)(1) or (l)(2) of this section, the
requirements in paragraphs (l)(4)(i) through (l)(4)(iii) of this section
shall apply. Examples of process changes include, but are not limited
to, changes in production capacity, feedstock type, or catalyst type, or
whenever there is replacement, removal, or addition of recovery
equipment. For purposes of this paragraph and paragraph (m) of this
section, process changes do not include: Process upsets, unintentional
temporary process changes, and changes that are within the equipment
configuration and operating conditions documented in the Notification of
Compliance Status required by Sec. 63.152(b) of subpart G of this part.
(i) The added emission point(s) and any emission point(s) within the
added or changed chemical manufacturing process unit are subject to the
requirements of subparts F, G, and H of this part for an existing
source;
(ii) The added emission point(s) and any emission point(s) within
the added or changed chemical manufacturing process unit shall be in
compliance with subparts F, G, and H of this part by the dates specified
in paragraph (l)(4)(ii) (A) or (B) of this section, as applicable.
(A) If a chemical manufacturing process unit is added to a plant
site or an emission point(s) is added to an existing chemical
manufacturing process unit, the added emission point(s) shall be in
compliance upon initial start-up of the added chemical manufacturing
process unit or emission point(s) or by 3 years after April 22, 1994,
whichever is later.
(B) If a deliberate operational process change to an existing
chemical manufacturing process unit causes a Group 2 emission point to
become a Group 1 emission point, if a surge control vessel or bottoms
receiver becomes subject to Sec. 63.170 of subpart H, or if a
compressor becomes subject to Sec. 63.164 of subpart H, the owner or
operator shall be in compliance upon initial start-up or by 3 years
after April 22, 1994, whichever is later, unless the owner or operator
demonstrates to the Administrator that achieving compliance will take
longer than making the change. If this demonstration is made to the
Administrator's satisfaction, the owner or operator shall follow the
procedures in paragraphs (m)(1) through (m)(3) of this section to
establish a compliance date.
(iii) The owner or operator of a chemical manufacturing process unit
or emission point that is added to a plant site and is subject to the
requirements for existing sources shall comply with the reporting and
recordkeeping requirements of subparts F, G, and H of this part that are
applicable to existing sources, including, but not limited to, the
reports listed in paragraphs (l)(4)(iii) (A) through (E) of this
section. A change to an existing chemical manufacturing process unit
shall be subject to the reporting requirements for existing sources,
including but not limited to, the reports listed in paragraphs
(l)(4)(iii)(A) through (E) of this section if the change meets the
criteria specified in Sec. 63.118(g), (h), (i), or (j) of subpart G of
this part for process vents or the criteria in Sec. 63.155(i) or (j) of
subpart G of this part. The applicable reports include, but are not
limited to:
(A) Reports specified in Sec. 63.151(i) and (j) of subpart G of
this part, unless the information has been submitted in an
[[Page 188]]
operating permit application or amendment;
(B) The Notification of Compliance Status as required by Sec.
63.152(b) of subpart G of this part for the emission points that were
added or changed;
(C) Periodic Reports and other reports as required by Sec. 63.152
(c) and (d) of subpart G of this part;
(D) Reports required by Sec. 63.182 of subpart H of this part; and
(E) Reports and notifications required by sections of subpart A of
this part that are applicable to subparts F, G, and H of this part, as
identified in table 3 of this subpart.
(m) If a change that does not meet the criteria in paragraph (l)(4)
of this section is made to a chemical manufacturing process unit subject
to subparts F and G of this part, and the change causes a Group 2
emission point to become a Group 1 emission point (as defined in Sec.
63.111 of subpart G of this part), then the owner or operator shall
comply with the requirements of subpart G of this part for the Group 1
emission point as expeditiously as practicable, but in no event later
than 3 years after the emission point becomes Group 1.
(1) The owner or operator shall submit to the Administrator for
approval a compliance schedule, along with a justification for the
schedule.
(2) The compliance schedule shall be submitted with the report
required in Sec. 63.151(i)(2) of subpart G of this part for emission
points included in an emissions average or Sec. 63.151(j)(1) or subpart
G of this part for emission points not in an emissions average, unless
the compliance schedule has been submitted in an operating permit
application or amendment.
(3) The Administrator shall approve the compliance schedule or
request changes within 120 calendar days of receipt of the compliance
schedule and justification.
(n) Rules stayed for reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart F is stayed from
October 24, 1994, to April 24, 1995, only as applied to those sources
for which the owner or operator makes a representation in writing to the
Administrator that the resolution of the area source definition issues
could have an effect on the compliance status of the source with respect
to subpart F.
(o) Sections stayed for reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of Sec. Sec. 63.164 and
63.170 of subpart H is stayed from October 28, 1994, to April 24, 1995,
only as applied to those sources subject to Sec. 63.100(k)(3) (i) and
(ii).
(p) Compliance dates for chemical manufacturing process units that
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the
provisions of paragraph (k) of this section, chemical manufacturing
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2),
and (b)(3) of this section shall be in compliance with this subpart and
subparts G and H of this part by the dates specified in paragraphs
(p)(1) and (p)(2) of this section, as applicable.
(1) If the source consists only of chemical manufacturing process
units that produce as a primary product one or more of the chemicals
listed in paragraph (b)(1)(ii) of this section, new sources shall comply
by the date specified in paragraph (p)(1)(i) of this section and
existing sources shall comply by the dates specified in paragraphs
(p)(1)(ii) and (p)(1)(iii) of this section.
(i) Upon initial start-up or May 12, 1998, whichever is later.
(ii) This subpart and subpart G of this part by May 14, 2001, unless
an extension has been granted by the Administrator as provided in Sec.
63.151(a)(6) or granted by the permitting authority as provided in Sec.
63.6(i) of subpart A of this part. When April 22, 1994 is referred to in
this subpart and subpart G of this part, May 12, 1998 shall be used as
the applicable date for that provision. When December 31, 1992 is
referred to in this subpart and subpart G of this part, August 22, 1997
shall be used as the applicable date for that provision.
(iii) Subpart H of this part by May 12, 1999, unless an extension
has been granted by the Administrator as provided in Sec. 63.151(a)(6)
or granted by the permitting authority as provided in Sec. 63.6(i) of
subpart A of this part. When April 22, 1994 is referred to in subpart H
of this part, May 12, 1998 shall be used
[[Page 189]]
as the applicable date for that provision. When December 31, 1992 is
referred to in subpart H of this part, August 22, 1997 shall be used as
the applicable date for that provision.
(2) If the source consists of a combination of chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of
this section, new chemical manufacturing process units that meet the
criteria in paragraph (b)(1)(ii) of this section shall comply by the
date specified in paragraph (p)(1)(i) of this section and existing
chemical manufacturing process units producing crotonaldehyde and/or
tetrahydrobenzaldehyde shall comply by the dates specified in paragraphs
(p)(1)(ii) and (p)(1)(iii) of this section.
(q) If the owner or operator of a process vent, or of a gas stream
transferred subject to Sec. 63.113(i), is unable to comply with the
provisions of Sec. Sec. 63.113 through 63.118 by the applicable
compliance date specified in paragraph (k),(l), or (m) of this section
for the reasons stated in paragraph (q)(1),(3), or (5) of this section,
the owner or operator shall comply with the applicable provisions in
Sec. Sec. 63.113 through 63.118 as expeditiously as practicable, but in
no event later than the date approved by the Administrator pursuant to
paragraph (q)(2), (4), or (6) of this section, respectively. For
requests under paragraph (q)(1) or (3) of this section, the date
approved by the Administrator may be earlier than, and shall not be
later than, the later of January 22, 2004 or 3 years after the
transferee's refusal to accept the stream for disposal. For requests
submitted under paragraph (q)(5) of this section, the date approved by
the Administrator may be earlier than, and shall not be later than, 3
years after the date of publication of the amendments to this subpart or
to subpart G of this part which created the need for an extension of the
compliance.
(1) If the owner or operator has been sending a gas stream for
disposal as described in Sec. 63.113(i) prior to January 22, 2001, and
the transferee does not submit a written certification as described in
Sec. 63.113(i)(2) and ceases to accept the gas stream for disposal, the
owner or operator shall comply with paragraph (q)(2) of this section.
(2)(i) An owner or operator directed to comply with paragraph (q)(2)
of this section shall submit to the Administrator for approval a
compliance schedule, along with a justification for the schedule.
(ii) The compliance schedule and justification shall be submitted no
later than 90 days after the transferee ceases to accept the gas stream
for disposal.
(iii) The Administrator shall approve the compliance schedule or
request changes within 120 days of receipt of the compliance schedule
and justification.
(3) If the owner or operator has been sending the gas stream for
disposal as described in Sec. 63.113(i) to a transferee who had
submitted a written certification as described in Sec. 63.113(i)(2),
and the transferee revokes its written certification, the owner or
operator shall comply with paragraph (q)(4) of this section. During the
period between the date when the owner or operator receives notice of
revocation of the transferee's written certification and the compliance
date established under paragraph (q)(4) of this section, the owner or
operator shall implement, to the extent reasonably available, measures
to prevent or minimize excess emissions to the extent practical. For
purposes of this paragraph (q)(3), the term ``excess emissions'' means
emissions in excess of those that would have occurred if the transferee
had continued managing the gas stream in compliance with the
requirements in Sec. Sec. 63.113 through 63.118. The measures to be
taken shall be identified in the applicable startup, shutdown, and
malfunction plan. If the measures that can be reasonably taken will
change over time, so that a more effective measure which could not
reasonably be taken initially would be reasonable at a later date, the
Administrator may require the more effective measure by a specified date
(in addition to or instead of any other measures taken sooner or later
than that date) as a condition of approval of the compliance schedule.
(4)(i) An owner or operator directed to comply with this paragraph
(q)(4) shall submit to the Administrator for approval the documents
specified in
[[Page 190]]
paragraphs (q)(4)(i)(A) through (E) of this section no later than 90
days after the owner or operator receives notice of revocation of the
transferee's written certification.
(A) A request for determination of a compliance date.
(B) A justification for the request for determination of a
compliance date.
(C) A compliance schedule.
(D) A justification for the compliance schedule.
(E) A description of the measures that will be taken to minimize
excess emissions until the new compliance date, and the date when each
measure will first be implemented. The owner or operator shall describe
how, and to what extent, each measure will minimize excess emissions,
and shall justify any period of time when measures are not in place.
(ii) The Administrator shall approve or disapprove the request for
determination of a compliance date and the compliance schedule, or
request changes, within 120 days after receipt of the documents
specified in paragraphs (q)(4)(i)(A) through (E) of this section. Upon
approving the request for determination and compliance schedule, the
Administrator shall specify a reasonable compliance date consistent with
the introductory text in paragraph (q) of this section.
(5) If the owner's or operator's inability to meet otherwise
applicable compliance deadlines is due to amendments of this subpart or
of subpart G of this part published on or after January 22, 2001 and
neither condition specified in paragraph (q)(1) or (3) of this section
is applicable, the owner or operator shall comply with paragraph (q)(6)
of this section.
(6)(i) An owner or operator directed to comply with this paragraph
(6)(i) shall submit to the Administrator for approval, a request for
determination of a compliance date, a compliance schedule, a
justification for the determination of a compliance date, and a
justification for the compliance schedule.
(ii) The documents required to be submitted under paragraph
(q)(6)(i) of this section shall be submitted no later than 120 days
after publication of the amendments of this subpart or of subpart G of
this part which necessitate the request for an extension.
(iii) The Administrator shall approve or disapprove the request for
a determination of a compliance date, or request changes, within 120
days after receipt of the request for determination of a compliance
date, the compliance schedule, and the two justifications. If the
request for determination of a compliance date is disapproved, the
compliance schedule is disapproved and the owner or operator shall
comply by the applicable date specified in paragraph (k),(l), or (m) of
this section. If the request for the determination of a compliance date
is approved, the Administrator shall specify, at the time of approval, a
reasonable compliance date consistent with the introductory text in
paragraph (q) of this section.
[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994;
59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 27, 1995; 60 FR 18023,
18028, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 61 FR 7718, Feb. 29,
1996; 61 FR 64574, Dec. 5, 1996; 62 FR 2729, Jan. 17, 1997; 63 FR 26081,
May 12, 1998; 64 FR 20191, Apr. 26, 1999; 66 FR 6927, Jan. 22, 2001]
Sec. 63.101 Definitions.
(a) The following terms as used in subparts F, G, and H of this part
shall have the meaning given them in subpart A of this part: Act, actual
emissions, Administrator, affected source, approved permit program,
commenced, compliance date, construction, continuous monitoring system,
continuous parameter monitoring system, effective date, emission
standard, emissions averaging, EPA, equivalent emission limitation,
existing source, Federally enforceable, fixed capital cost, hazardous
air pollutant, lesser quantity, major source, malfunction, new source,
owner or operator, performance evaluation, performance test, permit
program, permitting authority, reconstruction, relevant standard,
responsible official, run, standard conditions, State, and stationary
source.
(b) All other terms used in this subpart and subparts G and H of
this part shall have the meaning given them in the Act and in this
section. If the same term is defined in subpart A of this part and in
this section, it shall have the meaning given in this section for
[[Page 191]]
purposes of subparts F, G, and H of this part.
Air oxidation reactor means a device or vessel in which air, or a
combination of air and oxygen, is used as an oxygen source in
combination with one or more organic reactants to produce one or more
organic compounds. Air oxidation reactor includes the product separator
and any associated vacuum pump or steam jet.
Batch operation means a noncontinuous operation in which a discrete
quantity or batch of feed is charged into a unit operation within a
chemical manufacturing process unit and processed at one time. Batch
operation includes noncontinuous operations in which the equipment is
fed intermittently or discontinuously. Addition of raw material and
withdrawal of product do not occur simultaneously in a batch operation.
After each batch operation, the equipment is generally emptied before a
fresh batch is started.
Batch process vent means gaseous venting to the atmosphere from a
batch operation.
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
By-product means a chemical that is produced coincidentally during
the production of another chemical.
Chemical manufacturing process unit means the equipment assembled
and connected by pipes or ducts to process raw materials and to
manufacture an intended product. A chemical manufacturing process unit
consists of more than one unit operation. For the purpose of this
subpart, chemical manufacturing process unit includes air oxidation
reactors and their associated product separators and recovery devices;
reactors and their associated product separators and recovery devices;
distillation units and their associated distillate receivers and
recovery devices; associated unit operations; associated recovery
devices; and any feed, intermediate and product storage vessels, product
transfer racks, and connected ducts and piping. A chemical manufacturing
process unit includes pumps, compressors, agitators, pressure relief
devices, sampling connection systems, open-ended valves or lines,
valves, connectors, instrumentation systems, and control devices or
systems. A chemical manufacturing process unit is identified by its
primary product.
Control device means any combustion device, recovery device, or
recapture device. Such equipment includes, but is not limited to,
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers,
and process heaters. For process vents (as defined in this section),
recapture devices are considered control devices but recovery devices
are not considered control devices. For a steam stripper, a primary
condenser is not considered a control device.
Co-product means a chemical that is produced during the production
of another chemical.
Distillate receiver means overhead receivers, overhead accumulators,
reflux drums, and condenser(s) including ejector-condenser(s) associated
with a distillation unit.
Distillation unit means a device or vessel in which one or more feed
streams are separated into two or more exit streams, each exit stream
having component concentrations different from those in the feed
stream(s). The separation is achieved by the redistribution of the
components between the liquid and the vapor phases by vaporization and
condensation as they approach equilibrium within the distillation unit.
Distillation unit includes the distillate receiver, reboiler, and any
associated vacuum pump or steam jet.
Emission point means an individual process vent, storage vessel,
transfer rack, wastewater stream, or equipment leak.
Equipment leak means emissions of organic hazardous air pollutants
from a connector, pump, compressor, agitator, pressure relief device,
sampling connection system, open-ended valve or line, valve, surge
control vessel, bottoms receiver, or instrumentation system in organic
hazardous air pollutant service as defined in Sec. 63.161.
Ethylene process or ethylene process unit means a chemical
manufacturing process unit in which ethylene and/or propylene are
produced by separation from petroleum refining process streams or by
subjecting hydrocarbons
[[Page 192]]
to high temperatures in the presence of steam. The ethylene process unit
includes the separation of ethylene and/or propylene from associated
streams such as a C4 product, pyrolysis gasoline, and
pyrolysis fuel oil. The ethylene process does not include the
manufacture of SOCMI chemicals such as the production of butadiene from
the C4 stream and aromatics from pyrolysis gasoline.
Flexible operation unit means a chemical manufacturing process unit
that manufactures different chemical products periodically by
alternating raw materials or operating conditions. These units are also
referred to as campaign plants or blocked operations.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in in-process combustion equipment such as furnaces and gas turbines
either singly or in combination.
Heat exchange system means any cooling tower system or once-through
cooling water system (e.g., river or pond water). A heat exchange system
can include more than one heat exchanger and can include an entire
recirculating or once-through cooling system.
Impurity means a substance that is produced coincidentally with the
primary product, or is present in a raw material. An impurity does not
serve a useful purpose in the production or use of the primary product
and is not isolated.
Initial start-up means the first time a new or reconstructed source
begins production, or, for equipment added or changed as described in
Sec. 63.100 (l) or (m) of this subpart, the first time the equipment is
put into operation. Initial start-up does not include operation solely
for testing equipment. For purposes of subpart G of this part, initial
start-up does not include subsequent start-ups (as defined in this
section) of chemical manufacturing process units following malfunctions
or shutdowns or following changes in product for flexible operation
units or following recharging of equipment in batch operation. For
purposes of subpart H of this part, initial start-up does not include
subsequent start-ups (as defined in Sec. 63.161 of subpart H of this
part) of process units (as defined in Sec. 63.161 of subpart H of this
part) following malfunctions or process unit shutdowns.
Loading rack means a single system used to fill tank trucks and
railcars at a single geographic site. Loading equipment and operations
that are physically separate (i.e, do not share common piping, valves,
and other equipment) are considered to be separate loading racks.
Maintenance wastewater means wastewater generated by the draining of
process fluid from components in the chemical manufacturing process unit
into an individual drain system prior to or during maintenance
activities. Maintenance wastewater can be generated during planned and
unplanned shutdowns and during periods not associated with a shutdown.
Examples of activities that can generate maintenance wastewaters include
descaling of heat exchanger tubing bundles, cleaning of distillation
column traps, draining of low legs and high point bleeds, draining of
pumps into an individual drain system, and draining of portions of the
chemical manufacturing process unit for repair.
On-site or On site means, with respect to records required to be
maintained by this subpart, that the records are stored at a location
within a major source which encompasses the affected source. On-site
includes, but is not limited to, storage at the chemical manufacturing
process unit to which the records pertain, or storage in central files
elsewhere at the major source.
Operating permit means a permit required by 40 CFR part 70 or 71.
Organic hazardous air pollutant or organic HAP means one of the
chemicals listed in table 2 of this subpart.
Petroleum refining process, also referred to as a petroleum refining
process unit, means a process that for the purpose of producing
transportation fuels (such as gasoline and diesel fuels), heating fuels
(such as fuel gas, distillate, and residual fuel oils), or lubricants
separates petroleum or separates,
[[Page 193]]
cracks, or reforms unfinished derivatives. Examples of such units
include, but are not limited to, alkylation units, catalytic
hydrotreating, catalytic hydrorefining, catalytic hydrocracking,
catalytic reforming, catalytic cracking, crude distillation, and thermal
processes.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Process vent means the point of discharge to the atmosphere (or the
point of entry into a control device, if any) of a gas stream if the gas
stream has the characteristics specified in Sec. 63.107(b) through (h),
or meets the criteria specified in Sec. 63.107(i). For purposes of
Sec. Sec. 63.113 through 63.118, all references to the characteristics
of a process vent (e.g., flow rate, total HAP concentration, or TRE
index value) shall mean the characteristics of the gas stream.
Process wastewater means wastewater which, during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product, or waste product. Examples are product tank
drawdown or feed tank drawdown; water formed during a chemical reaction
or used as a reactant; water used to wash impurities from organic
products or reactants; water used to cool or quench organic vapor
streams through direct contact; and condensed steam from jet ejector
systems pulling vacuum on vessels containing organics.
Product means a compound or chemical which is manufactured as the
intended product of the chemical manufacturing process unit. By-
products, isolated intermediates, impurities, wastes, and trace
contaminants are not considered products.
Product separator means phase separators, flash drums, knock-out
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
Reactor means a device or vessel in which one or more chemicals or
reactants, other than air, are combined or decomposed in such a way that
their molecular structures are altered and one or more new organic
compounds are formed. Reactor includes the product separator and any
associated vacuum pump or steam jet.
Recapture device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals, but not normally for
use, reuse, or sale. For example, a recapture device may recover
chemicals primarily for disposal. Recapture devices include, but are not
limited to, absorbers, carbon adsorbers, and condensers.
Recovery device means an individual unit of equipment capable of and
normally used for the purpose of recovering chemicals for fuel value
(i.e., net positive heating value), use, reuse or for sale for fuel
value, use, or reuse. Examples of equipment that may be recovery devices
include absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units. For purposes of the
monitoring, recordkeeping, and reporting requirements of subpart G of
this part, recapture devices are considered recovery devices.
Research and development facility means laboratory and pilot plant
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and is not engaged
in the manufacture of products for commercial sale, except in a de
minimis manner.
Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of a chemical manufacturing process unit or a reactor, air
oxidation reactor, distillation unit, waste management unit, equipment
required or used to comply with this subpart F, subparts G, or H of this
part or the emptying and degassing of a storage vessel. Shutdown does
not include the routine rinsing or washing of equipment in batch
operation between batches.
[[Page 194]]
Source means the collection of emission points to which this subpart
applies as determined by the criteria in Sec. 63.100 of this subpart.
For purposes of subparts F, G, and H of this part, the term affected
source as used in subpart A of this part has the same meaning as the
term source defined here.
Start-up means the setting into operation of a chemical
manufacturing process unit or a reactor, air oxidation reactor,
distillation unit, waste management unit, or equipment required or used
to comply with this subpart F, subpart G, or H of this part or a storage
vessel after emptying and degassing. Start-up includes initial start-up,
operation solely for testing equipment, the recharging of equipment in
batch operation, and transitional conditions due to changes in product
for flexible operation units.
Start-up, shutdown, and malfunction plan means the plan required
under Sec. 63.6(e)(3) of subpart A of this part. This plan details the
procedures for operation and maintenance of the source during periods of
start-up, shutdown, and malfunction.
Storage vessel means a tank or other vessel that is used to store
organic liquids that contain one or more of the organic HAP's listed in
table 2 of this subpart and that has been assigned, according to the
procedures in Sec. 63.100(g) of this subpart, to a chemical
manufacturing process unit that is subject to this subpart. Storage
vessel does not include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels with capacities smaller than 38 cubic meters;
(4) Vessels storing organic liquids that contain organic hazardous
air pollutants only as impurities;
(5) Bottoms receiver tanks;
(6) Surge control vessels; or
(7) Wastewater storage tanks. Wastewater storage tanks are covered
under the wastewater provisions.
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a chemical
manufacturing process unit when in-process storage, mixing, or
management of flow rates or volumes is needed to assist in production of
a product.
Transfer operation means the loading, into a tank truck or railcar,
of organic liquids that contain one or more of the organic hazardous air
pollutants listed in table 2 of this subpart from a transfer rack (as
defined in this section). Transfer operations do not include loading at
an operating pressure greater than 204.9 kilopascals.
Transfer rack means the collection of loading arms and loading
hoses, at a single loading rack, that are assigned to a chemical
manufacturing process unit subject to this subpart according to the
procedures specified in Sec. 63.100(h) of this subpart and are used to
fill tank trucks and/or railcars with organic liquids that contain one
or more of the organic hazardous air pollutants listed in table 2 of
this subpart. Transfer rack includes the associated pumps, meters,
shutoff valves, relief valves, and other piping and valves. Transfer
rack does not include:
(1) Racks, arms, or hoses that only transfer liquids containing
organic hazardous air pollutants as impurities;
(2) Racks, arms, or hoses that vapor balance during all loading
operations; or
(3) Racks transferring organic liquids that contain organic
hazardous air pollutants only as impurities.
Unit operation means one or more pieces of process equipment used to
make a single change to the physical or chemical characteristics of one
or more process streams. Unit operations include, but are not limited
to, reactors, distillation units, extraction columns, absorbers,
decanters, dryers, condensers, and filtration equipment.
Vapor balancing system means a piping system that is designed to
collect organic hazardous air pollutants vapors displaced from tank
trucks or railcars during loading; and to route the collected organic
hazardous air pollutants vapors to the storage vessel from which the
liquid being loaded originated, or to another storage vessel connected
by a common header or to compress and route to a process or a fuel gas
system the collected organic hazardous air pollutants vapors.
[[Page 195]]
Waste management unit means the equipment, structure(s), and/or
device(s) used to convey, store, treat, or dispose of wastewater streams
or residuals. Examples of waste management units include: Wastewater
tanks, surface impoundments, individual drain systems, and biological
wastewater treatment units. Examples of equipment that may be waste
management units include containers, air flotation units, oil-water
separators or organic-water separators, or organic removal devices such
as decanters, strippers, or thin-film evaporation units. If such
equipment is used for recovery then it is part of a chemical
manufacturing process unit and is not a waste management unit.
Wastewater means water that:
(1) Contains either:
(i) An annual average concentration of Table 9 compounds (as defined
in Sec. 63.111 of subpart G of this part) of at least 5 parts per
million by weight and has an annual average flow rate of 0.02 liter per
minute or greater, or
(ii) An annual average concentration of Table 9 compounds (as
defined in Sec. 63.111 of subpart G) of at least 10,000 parts per
million by weight at any flow rate, and that
(2) Is discarded from a chemical manufacturing process unit that
meets all of the criteria specified in Sec. 63.100 (b)(1) through
(b)(3) of this subpart. Wastewater is process wastewater or maintenance
wastewater.
[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 18024, Apr. 10, 1995;
60 FR 63626, Dec. 12, 1995; 62 FR 2731, Jan. 17, 1997; 65 FR 26497, May
8, 2000; 66 FR 6928, Jan. 22, 2001]
Sec. 63.102 General standards.
(a) Owners and operators of sources subject to this subpart shall
comply with the requirements of subparts G and H of this part.
(1) The provisions set forth in this subpart F and subpart G of this
part shall apply at all times except during periods of start-up or
shutdown (as defined in Sec. 63.101 of this subpart), malfunction, or
non-operation of the chemical manufacturing process unit (or specific
portion thereof) resulting in cessation of the emissions to which this
subpart F and subpart G of this part apply. However, if a start-up,
shutdown, malfunction or period of non-operation of one portion of a
chemical manufacturing process unit does not affect the ability of a
particular emission point to comply with the specific provisions to
which it is subject, then that emission point shall still be required to
comply with the applicable provisions of this subpart F and subpart G of
this part during the start-up, shutdown, malfunction or period of non-
operation. For example, if there is an overpressure in the reactor area,
a storage vessel in the chemical manufacturing process unit would still
be required to be controlled in accordance with Sec. 63.119 of subpart
G of the part. Similarly, the degassing of a storage vessel would not
affect the ability of a process vent to meet the requirements of Sec.
63.113 of subpart G of this part.
(2) The provisions set forth in subpart H of this part shall apply
at all times except during periods of start-up or shutdown, as defined
in Sec. 63.101(b) of this subpart, malfunction, process unit shutdown
(as defined in Sec. 63.161 of subpart H of this part), or non-operation
of the chemical manufacturing process unit (or specific portion thereof)
in which the lines are drained and depressurized resulting in cessation
of the emissions to which subpart H of this part applies.
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with the provisions of this
subpart F, subpart G or H of this part during times when emissions (or,
where applicable, wastewater streams or residuals) are being routed to
such items of equipment, if the shutdown would contravene requirements
of this subpart F, subpart G or H of this part applicable to such items
of equipment. This paragraph does not apply if the item of equipment is
malfunctioning, or if the owner or operator must shut down the equipment
to avoid damage due to a contemporaneous start-up, shutdown, or
malfunction of the chemical manufacturing process unit or portion
thereof.
(4) During start-ups, shutdowns, and malfunctions when the
requirements of this subpart F, subparts G and/or H of this part do not
apply pursuant to paragraphs (a)(1) through (a)(3) of this
[[Page 196]]
section, the owner or operator shall implement, to the extent reasonably
available, measures to prevent or minimize excess emissions to the
extent practical. The general duty to minimize emissions during a period
of startup, shutdown, or malfunction does not require the owner or
operator to achieve emission levels that would be required by the
applicable standard at other times if this is not consistent with safety
and good air pollution control practices, nor does it require the owner
or operator to make any further efforts to reduce emissions if levels
required by the applicable standard have been achieved. Determination of
whether such operation and maintenance procedures are being used will be
based on information available to the Administrator which may include,
but is not limited to, monitoring results, review of operation and
maintenance procedures (including the startup, shutdown, and malfunction
plan required in Sec. 63.6(e)(3)), review of operation and maintenance
records, and inspection of the source. The measures to be taken may
include, but are not limited to, air pollution control technologies,
recovery technologies, work practices, pollution prevention, monitoring,
and/or changes in the manner of operation of the source. Back-up control
devices are not required, but may be used if available.
(b) If, in the judgment of the Administrator, an alternative means
of emission limitation will achieve a reduction in organic HAP emissions
at least equivalent to the reduction in organic HAP emissions from that
source achieved under any design, equipment, work practice, or
operational standards in subpart G or H of this part, the Administrator
will publish in the Federal Register a notice permitting the use of the
alternative means for purposes of compliance with that requirement.
(1) The notice may condition the permission on requirements related
to the operation and maintenance of the alternative means.
(2) Any notice under paragraph (b) of this section shall be
published only after public notice and an opportunity for a hearing.
(3) Any person seeking permission to use an alternative means of
compliance under this section shall collect, verify, and submit to the
Administrator information showing that the alternative means achieves
equivalent emission reductions.
(c) Each owner or operator of a source subject to this subpart shall
obtain a permit under 40 CFR part 70 or part 71 from the appropriate
permitting authority by the date determined by 40 CFR part 70 or part
71, as appropriate.
(1) If the EPA has approved a State operating permit program under
40 CFR Part 70, the permit shall be obtained from the State authority.
If the State operating permit program has not been approved, the source
shall apply to the EPA Regional Office.
(2) [Reserved]
(d) The requirements in subparts F, G, and H of this part are
Federally enforceable under section 112 of the Act on and after the
dates specified in Sec. 63.100(k) of this subpart.
[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995;
61 FR 64575, Dec. 5, 1996; 62 FR 2732, Jan. 17, 1997; 71 FR 20455, Apr.
20, 2006]
Sec. 63.103 General compliance, reporting, and recordkeeping provisions.
(a) Table 3 of this subpart specifies the provisions of subpart A
that apply and those that do not apply to owners and operators of
sources subject to subparts F, G, and H of this part.
(b) Initial performance tests and initial compliance determinations
shall be required only as specified in subparts G and H of this part.
(1) Performance tests and compliance determinations shall be
conducted according to the schedule and procedures in Sec. 63.7(a) of
subpart A of this part and the applicable sections of subparts G and H
of this part.
(2) The owner or operator shall notify the Administrator of the
intention to conduct a performance test at least 30 calendar days before
the performance test is scheduled to allow the Administrator the
opportunity to have an observer present during the test.
(3) Performance tests shall be conducted according to the provisions
of
[[Page 197]]
Sec. 63.7(e) of subpart A of this part, except that performance tests
shall be conducted at maximum representative operating conditions for
the process. During the performance test, an owner or operator may
operate the control or recovery device at maximum or minimum
representative operating conditions for monitored control or recovery
device parameters, whichever results in lower emission reduction.
(4) Data shall be reduced in accordance with the EPA-approved
methods specified in the applicable subpart or, if other test methods
are used, the data and methods shall be validated according to the
protocol in Method 301 of appendix A of this part.
(5) Performance tests may be waived with approval of the
Administrator as specified in Sec. 63.7(h)(2) of subpart A of this
part. Owners or operators of sources subject to subparts F, G, and H of
this part who apply for a waiver of a performance test shall submit the
application by the dates specified in paragraph (b)(5)(i) of this
section rather than the dates specified in Sec. 63.7(h)(3) of subpart A
of this part.
(i) If a request is made for an extension of compliance under Sec.
63.151(a)(6) of subpart G or Sec. 63.6(i) of subpart A of this part,
the application for a waiver of an initial performance test shall
accompany the information required for the request for an extension of
compliance. If no extension of compliance is requested, the application
for a waiver of an initial performance test shall be submitted no later
than 90 calendar days before the Notification of Compliance Status
required in Sec. 63.152(b) of subpart G of this part is due to be
submitted.
(ii) Any application for a waiver of a performance test shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the source performing the required test.
(6) The owner or operator of a flexible operation unit shall conduct
all required compliance demonstrations during production of the primary
product. The owner or operator is not required to conduct compliance
demonstrations for operating conditions during production of a product
other than the primary product. Except as otherwise provided in this
subpart or in subpart G or subpart H of this part, as applicable, the
owner or operator shall operate each control device, recovery device,
and/or recapture device that is required or used for compliance, and
associated monitoring systems, without regard for whether the product
that is being produced is the primary product or a different product.
Except as otherwise provided in this subpart, subpart G and/or subpart H
of this part, as applicable, operation of a control device, recapture
device and/or recovery device required or used for compliance such that
the daily average of monitored parameter values is outside the parameter
range established pursuant to Sec. 63.152(b)(2), or such that the
monitoring data show operation inconsistent with the monitoring plan
established pursuant to Sec. 63.120(d)(2) or Sec. 63.181(g)(1)(iv),
shall constitute a violation of the required operating conditions.
(c) Each owner or operator of a source subject to subparts F, G, and
H of this part shall keep copies of all applicable reports and records
required by subparts F, G, and H of this part for at least 5 years;
except that, if subparts G or H require records to be maintained for a
time period different than 5 years, those records shall be maintained
for the time specified in subpart G or H of this part. If an owner or
operator submits copies of reports to the applicable EPA Regional
Office, the owner or operator is not required to maintain copies of
reports. If the EPA Regional Office has waived the requirement of Sec.
63.10(a)(4)(ii) for submittal of copies of reports, the owner or
operator is not required to maintain copies of reports.
(1) All applicable records shall be maintained in such a manner that
they can be readily accessed. The most recent 6 months of records shall
be retained on site or shall be accessible from a central location by
computer or other means that provides access within 2 hours after a
request. The remaining four and one-half years of records may be
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not
[[Page 198]]
limited to, on paper, microfilm, computer, floppy disk, magnetic tape,
or microfiche.
(2) The owner or operator subject to subparts F, G, and H of this
part shall keep the records specified in this paragraph, as well as
records specified in subparts G and H.
(i) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of operation of process equipment or of air
pollution control equipment or continuous monitoring systems used to
comply with this subpart F, subpart G, or H of this part during which
excess emissions (as defined in Sec. 63.102(a)(4)) occur.
(ii) For each start-up, shutdown, and malfunction during which
excess emissions (as defined in Sec. 63.102(a)(4)) occur, records that
the procedures specified in the source's start-up, shutdown, and
malfunction plan were followed, and documentation of actions taken that
are not consistent with the plan. For example, if a start-up, shutdown,
and malfunction plan includes procedures for routing a control device to
a backup control device (e.g., the incinerator for a halogenated stream
could be routed to a flare during periods when the primary control
device is out of service), records must be kept of whether the plan was
followed. These records may take the form of a ``checklist,'' or other
form of recordkeeping that confirms conformance with the start-up,
shutdown, and malfunction plan for the event.
(iii) For continuous monitoring systems used to comply with subpart
G of this part, records documenting the completion of calibration checks
and maintenance of continuous monitoring systems that are specified in
the manufacturer's instructions or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately.
(3) Records of start-up, shutdown and malfunction and continuous
monitoring system calibration and maintenance are not required if they
pertain solely to Group 2 emission points, as defined in Sec. 63.111 of
subpart G of this part, that are not included in an emissions average.
(d) All reports required under subparts F, G, and H of this part
shall be sent to the Administrator at the addresses listed in Sec.
63.13 of subpart A of this part, except that requests for permission to
use an alternative means of compliance as provided for in Sec.
63.102(b) of this subpart and application for approval of a nominal
efficiency as provided for in Sec. 63.150 (i)(1) through (i)(6) of
subpart G of this part shall be submitted to the Director of the EPA
Office of Air Quality Planning and Standards rather than to the
Administrator or delegated authority.
(1) Wherever subpart A of this part specifies ``postmark'' dates,
submittals may be sent by methods other than the U.S. Mail (e.g., by fax
or courier). Submittals shall be sent on or before the specified date.
(2) If acceptable to both the Administrator and the owner or
operator of a source, reports may be submitted on electronic media.
(e) The owner or operator of a chemical manufacturing process unit
which meets the criteria of Sec. 63.100(b)(1) and Sec. 63.100(b)(3),
but not the criteria of Sec. 63.100(b)(2), shall comply with the
requirements of either paragraph (e)(1) or (e)(2) of this section.
(1) Retain information, data, and analysis used to determine that
the chemical manufacturing process unit does not use as a reactant or
manufacture as a product or co-product any organic hazardous air
pollutant. Examples of information that could document this include, but
are not limited to, records of chemicals purchased for the process,
analyses of process stream composition, engineering calculations, or
process knowledge.
(2) When requested by the Administrator, demonstrate that the
chemical manufacturing process unit does not use as a reactant or
manufacture as a product or co-product any organic hazardous air
pollutant.
(f) To qualify for the exemption specified in Sec. 63.100(b)(4) of
this subpart, the owner or operator shall maintain the documentation of
the information required pursuant to Sec. 63.100(b)(4)(i), and
documentation of any update of this information requested by the EPA
Regional Office, and shall provide the documentation to the EPA Regional
[[Page 199]]
Office upon request. The EPA Regional Office will notify the owner or
operator, after reviewing such documentation, if the source does not
qualify for the exemption specified in Sec. 63.100(b)(4) of this
section. In such cases, compliance with subpart H shall be required no
later than 90 days after expiration of the applicable compliance date in
Sec. 63.100(k)(3), but in no event earlier than 90 days after the date
of such notification by the EPA Regional Office. Compliance with this
subpart F and subpart G of this part shall be no later than April 22,
1997, or as otherwise specified in Sec. 63.100(k)(2)(ii) of this
subpart, unless an extension has been granted by the EPA Regional Office
or permitting authority as provided in Sec. 63.6(i) of subpart A of
this part.
(g) An owner or operator who elects to use the compliance extension
provisions of Sec. 63.100(k)(6)(i) or (ii) shall submit a compliance
extension request to the appropriate EPA Regional Office no later than
45 days before the applicable compliance date in Sec. 63.100(k)(3), but
in no event is submittal required earlier than May 10, 1995. The request
shall contain the information specified in Sec. 63.100(k)(5)(iv) and
the reason compliance can not reasonably be achieved without a process
unit shutdown, as defined in 40 CFR 63.161 or without replacement of the
compressor or recasting of the distance piece.
(h) An owner or operator who elects to use the compliance extension
provisions of Sec. 63.100(k)(8) shall submit to the appropriate EPA
Regional Office a brief description of the process change, identify the
HAP eliminated, and the expected date of cessation of use or production
of HAP. The description shall be submitted no later than May 10, 1995,
or with the Notice of Compliance Status as required in Sec. 63.182(c)
of subpart H, whichever is later.
[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
60 FR 18024, Apr. 10, 1995; 62 FR 2733, Jan. 17, 1997; 63 FR 26082, May
12, 1998]
Sec. 63.104 Heat exchange system requirements.
(a) Unless one or more of the conditions specified in paragraphs
(a)(1) through (a)(6) of this section are met, owners and operators of
sources subject to this subpart shall monitor each heat exchange system
used to cool process equipment in a chemical manufacturing process unit
meeting the conditions of Sec. 63.100 (b)(1) through (b)(3) of this
subpart, except for chemical manufacturing process units meeting the
condition specified in Sec. 63.100(c) of this subpart, according to the
provisions in either paragraph (b) or (c) of this section. Whenever a
leak is detected, the owner or operator shall comply with the
requirements in paragraph (d) of this section.
(1) The heat exchange system is operated with the minimum pressure
on the cooling water side at least 35 kilopascals greater than the
maximum pressure on the process side.
(2) There is an intervening cooling fluid, containing less than 5
percent by weight of total hazardous air pollutants listed in table 4 of
this subpart, between the process and the cooling water. This
intervening fluid serves to isolate the cooling water from the process
fluid and the intervening fluid is not sent through a cooling tower or
discharged. For purposes of this section, discharge does not include
emptying for maintenance purposes.
(3) The once-through heat exchange system is subject to a National
Pollution Discharge Elimination System (NPDES) permit with an allowable
discharge limit of 1 part per million or less above influent
concentration or 10 percent or less above influent concentration,
whichever is greater.
(4) The once-through heat exchange system is subject to an NPDES
permit that:
(i) Requires monitoring of a parameter(s) or condition(s) to detect
a leak of process fluids into cooling water;
(ii) Specifies or includes the normal range of the parameter or
condition;
(iii) Requires monitoring for the parameters selected as leak
indicators no less frequently than monthly for the first six months and
quarterly thereafter; and
(iv) Requires the owner or operator to report and correct leaks to
the cooling water when the parameter or condition exceeds the normal
range.
(5) The recirculating heat exchange system is used to cool process
fluids that contain less than 5 percent by
[[Page 200]]
weight of total hazardous air pollutants listed in table 4 of this
subpart.
(6) The once-through heat exchange system is used to cool process
fluids that contain less than 5 percent by weight of total hazardous air
pollutants listed in table 9 of subpart G of this part.
(b) The owner or operator who elects to comply with the requirements
of paragraph (a) of this section by monitoring the cooling water for the
presence of one or more organic hazardous air pollutants or other
representative substances whose presence in cooling water indicates a
leak shall comply with the requirements specified in paragraphs (b)(1)
through (b)(6) of this section. The cooling water shall be monitored for
total hazardous air pollutants, total volatile organic compounds, total
organic carbon, one or more speciated HAP compounds, or other
representative substances that would indicate the presence of a leak in
the heat exchange system.
(1) The cooling water shall be monitored monthly for the first 6
months and quarterly thereafter to detect leaks.
(2)(i) For recirculating heat exchange systems (cooling tower
systems), the monitoring of speciated hazardous air pollutants or total
hazardous air pollutants refers to the hazardous air pollutants listed
in table 4 of this subpart.
(ii) For once-through heat exchange systems, the monitoring of
speciated hazardous air pollutants or total hazardous air pollutants
refers to the hazardous air pollutants listed in table 9 of subpart G of
this part.
(3) The concentration of the monitored substance(s) in the cooling
water shall be determined using any EPA-approved method listed in part
136 of this chapter as long as the method is sensitive to concentrations
as low as 10 parts per million and the same method is used for both
entrance and exit samples. Alternative methods may be used upon approval
by the Administrator.
(4) The samples shall be collected either at the entrance and exit
of each heat exchange system or at locations where the cooling water
enters and exits each heat exchanger or any combination of heat
exchangers.
(i) For samples taken at the entrance and exit of recirculating heat
exchange systems, the entrance is the point at which the cooling water
leaves the cooling tower prior to being returned to the process
equipment and the exit is the point at which the cooling water is
introduced to the cooling tower after being used to cool the process
fluid.
(ii) For samples taken at the entrance and exit of once-through heat
exchange systems, the entrance is the point at which the cooling water
enters and the exit is the point at which the cooling water exits the
plant site or chemical manufacturing process units.
(iii) For samples taken at the entrance and exit of each heat
exchanger or any combination of heat exchangers in chemical
manufacturing process units, the entrance is the point at which the
cooling water enters the individual heat exchanger or group of heat
exchangers and the exit is the point at which the cooling water exits
the heat exchanger or group of heat exchangers.
(5) A minimum of three sets of samples shall be taken at each
entrance and exit as defined in paragraph (b)(4) of this section. The
average entrance and exit concentrations shall then be calculated. The
concentration shall be corrected for the addition of any makeup water or
for any evaporative losses, as applicable.
(6) A leak is detected if the exit mean concentration is found to be
greater than the entrance mean using a one-sided statistical procedure
at the 0.05 level of significance and the amount by which it is greater
is at least 1 part per million or 10 percent of the entrance mean,
whichever is greater.
(c) The owner or operator who elects to comply with the requirement
of paragraph (a) of this section by monitoring using a surrogate
indicator of heat exchange system leaks shall comply with the
requirements specified in paragraphs (c)(1) through (c)(3) of this
section. Surrogate indicators that could be used to develop an
acceptable monitoring program are ion specific electrode monitoring, pH,
conductivity or other representative indicators.
(1) The owner or operator shall prepare and implement a monitoring
plan that documents the procedures that
[[Page 201]]
will be used to detect leaks of process fluids into cooling water. The
plan shall require monitoring of one or more surrogate indicators or
monitoring of one or more process parameters or other conditions that
indicate a leak. Monitoring that is already being conducted for other
purposes may be used to satisfy the requirements of this section. The
plan shall include the information specified in paragraphs (c)(1)(i) and
(c)(1)(ii) of this section.
(i) A description of the parameter or condition to be monitored and
an explanation of how the selected parameter or condition will reliably
indicate the presence of a leak.
(ii) The parameter level(s) or conditions(s) that shall constitute a
leak. This shall be documented by data or calculations showing that the
selected levels or conditions will reliably identify leaks. The
monitoring must be sufficiently sensitive to determine the range of
parameter levels or conditions when the system is not leaking. When the
selected parameter level or condition is outside that range, a leak is
indicated.
(iii) The monitoring frequency which shall be no less frequent than
monthly for the first 6 months and quarterly thereafter to detect leaks.
(iv) The records that will be maintained to document compliance with
the requirements of this section.
(2) If a substantial leak is identified by methods other than those
described in the monitoring plan and the method(s) specified in the plan
could not detect the leak, the owner or operator shall revise the plan
and document the basis for the changes. The owner or operator shall
complete the revisions to the plan no later than 180 days after
discovery of the leak.
(3) The owner or operator shall maintain, at all times, the
monitoring plan that is currently in use. The current plan shall be
maintained on-site, or shall be accessible from a central location by
computer or other means that provides access within 2 hours after a
request. If the monitoring plan is superseded, the owner or operator
shall retain the most recent superseded plan at least until 5 years from
the date of its creation. The superseded plan shall be retained on-site
(or accessible from a central location by computer or other means that
provides access within two hours after a request) for at least 6 months
after its creation.
(d) If a leak is detected according to the criteria of paragraph (b)
or (c) of this section, the owner or operator shall comply with the
requirements in paragraphs (d)(1) and (d)(2) of this section, except as
provided in paragraph (e) of this section.
(1) The leak shall be repaired as soon as practical but not later
than 45 calendar days after the owner or operator receives results of
monitoring tests indicating a leak. The leak shall be repaired unless
the owner or operator demonstrates that the results are due to a
condition other than a leak.
(2) Once the leak has been repaired, the owner or operator shall
confirm that the heat exchange system has been repaired within 7
calendar days of the repair or startup, whichever is later.
(e) Delay of repair of heat exchange systems for which leaks have
been detected is allowed if the equipment is isolated from the process.
Delay of repair is also allowed if repair is technically infeasible
without a shutdown and any one of the conditions in paragraph (e)(1) or
(e)(2) of this section is met. All time periods in paragraphs (e)(1) and
(e)(2) of this section shall be determined from the date when the owner
or operator determines that delay of repair is necessary.
(1) If a shutdown is expected within the next 2 months, a special
shutdown before that planned shutdown is not required.
(2) If a shutdown is not expected within the next 2 months, the
owner or operator may delay repair as provided in paragraph (e)(2)(i) or
(e)(2)(ii) of this section. Documentation of a decision to delay repair
shall state the reasons repair was delayed and shall specify a schedule
for completing the repair as soon as practical.
(i) If a shutdown for repair would cause greater emissions than the
potential emissions from delaying repair, the owner or operator may
delay repair until the next shutdown of the process equipment associated
with the leaking heat exchanger. The owner or operator
[[Page 202]]
shall document the basis for the determination that a shutdown for
repair would cause greater emissions than the emissions likely to result
from delaying repair as specified in paragraphs (e)(2)(i)(A) and
(e)(2)(i)(B) of this section.
(A) The owner or operator shall calculate the potential emissions
from the leaking heat exchanger by multiplying the concentration of
total hazardous air pollutants listed in table 4 of this subpart in the
cooling water from the leaking heat exchanger by the flowrate of the
cooling water from the leaking heat exchanger by the expected duration
of the delay. The owner or operator may calculate potential emissions
using total organic carbon concentration instead of total hazardous air
pollutants listed in table 4 of this subpart.
(B) The owner or operator shall determine emissions from purging and
depressurizing the equipment that will result from the unscheduled
shutdown for the repair.
(ii) If repair is delayed for reasons other than those specified in
paragraph (e)(2)(i) of this section, the owner or operator may delay
repair up to a maximum of 120 calendar days. The owner shall demonstrate
that the necessary parts or personnel were not available.
(f)(1) Required records. The owner or operator shall retain the
records identified in paragraphs (f)(1)(i) through (f)(1)(iv) of this
section as specified in Sec. 63.103(c)(1).
(i) Monitoring data required by this section indicating a leak and
the date when the leak was detected, and if demonstrated not to be a
leak, the basis for that determination;
(ii) Records of any leaks detected by procedures subject to
paragraph (c)(2) of this section and the date the leak was discovered;
(iii) The dates of efforts to repair leaks; and
(iv) The method or procedure used to confirm repair of a leak and
the date repair was confirmed.
(2) Reports. If an owner or operator invokes the delay of repair
provisions for a heat exchange system, the following information shall
be submitted in the next semi-annual periodic report required by Sec.
63.152(c) of subpart G of this part. If the leak remains unrepaired, the
information shall also be submitted in each subsequent periodic report,
until repair of the leak is reported.
(i) The owner or operator shall report the presence of the leak and
the date that the leak was detected.
(ii) The owner or operator shall report whether or not the leak has
been repaired.
(iii) The owner or operator shall report the reason(s) for delay of
repair. If delay of repair is invoked due to the reasons described in
paragraph (e)(2) of this section, documentation of emissions estimates
must also be submitted.
(iv) If the leak remains unrepaired, the owner or operator shall
report the expected date of repair.
(v) If the leak is repaired, the owner or operator shall report the
date the leak was successfully repaired.
[62 FR 2733, Jan. 17, 1997]
Sec. 63.105 Maintenance wastewater requirements.
(a) Each owner or operator of a source subject to this subpart shall
comply with the requirements of paragraphs (b) through (e) of this
section for maintenance wastewaters containing those organic HAP's
listed in table 9 of subpart G of this part.
(b) The owner or operator shall prepare a description of maintenance
procedures for management of wastewaters generated from the emptying and
purging of equipment in the process during temporary shutdowns for
inspections, maintenance, and repair (i.e., a maintenance-turnaround)
and during periods which are not shutdowns (i.e., routine maintenance).
The descriptions shall:
(1) Specify the process equipment or maintenance tasks that are
anticipated to create wastewater during maintenance activities.
(2) Specify the procedures that will be followed to properly manage
the wastewater and control organic HAP emissions to the atmosphere; and
(3) Specify the procedures to be followed when clearing materials
from process equipment.
(c) The owner or operator shall modify and update the information
required by paragraph (b) of this section
[[Page 203]]
as needed following each maintenance procedure based on the actions
taken and the wastewaters generated in the preceding maintenance
procedure.
(d) The owner or operator shall incorporate the procedures described
in paragraphs (b) and (c) of this section as part of the startup,
shutdown, and malfunction plan required under Sec. 63.6(e)(3).
(e) The owner or operator shall maintain a record of the information
required by paragraphs (b) and (c) of this section as part of the start-
up, shutdown, and malfunction plan required under Sec. 63.6(e)(3) of
subpart A of this part.
[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995;
71 FR 20456, Apr. 20, 2006]
Sec. 63.106 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to requirements in Sec. Sec. 63.100,
63.102, and 63.104. Where these standards reference another subpart, the
cited provisions will be delegated according to the delegation
provisions of the referenced subpart.
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in
this subpart.
(3) Approval of major alternatives to monitoring under Sec.
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
[68 FR 37344, June 23, 2003]
Sec. 63.107 Identification of process vents subject to this subpart.
(a) The owner or operator shall use the criteria specified in this
Sec. 63.107 to determine whether there are any process vents associated
with an air oxidation reactor, distillation unit, or reactor that is in
a source subject to this subpart. A process vent is the point of
discharge to the atmosphere (or the point of entry into a control
device, if any) of a gas stream if the gas stream has the
characteristics specified in paragraphs (b) through (h) of this section,
or meets the criteria specified in paragraph (i) of this section.
(b) Some, or all, of the gas stream originates as a continuous flow
from an air oxidation reactor, distillation unit, or reactor during
operation of the chemical manufacturing process unit.
(c) The discharge to the atmosphere (with or without passing through
a control device) meets at least one of the conditions specified in
paragraphs (c)(1) through (3) of this section.
(1) Is directly from an air oxidation reactor, distillation unit, or
reactor; or
(2) Is from an air oxidation reactor, distillation unit, or reactor
after passing solely (i.e., without passing through any other unit
operation for a process purpose) through one or more recovery devices
within the chemical manufacturing process unit; or
(3) Is from a device recovering only mechanical energy from a gas
stream that comes either directly from an air oxidation reactor,
distillation unit, or reactor, or from an air oxidation reactor,
distillation unit, or reactor after passing solely (i.e., without
passing through any other unit operation for a process purpose) through
one or more recovery devices within the chemical manufacturing process
unit.
(d) The gas stream contains greater than 0.005 weight percent total
organic
[[Page 204]]
HAP at the point of discharge to the atmosphere (or at the point of
entry into a control device, if any).
(e) The air oxidation reactor, distillation unit, or reactor is part
of a chemical manufacturing process unit that meets the criteria of
Sec. 63.100(b).
(f) The gas stream is in the gas phase from the point of origin at
the air oxidation reactor, distillation unit, or reactor to the point of
discharge to the atmosphere (or to the point of entry into a control
device, if any).
(g) The gas stream is discharged to the atmosphere either on-site,
off-site, or both.
(h) The gas stream is not any of the items identified in paragraphs
(h)(1) through (9) of this section.
(1) A relief valve discharge.
(2) A leak from equipment subject to subpart H of this part.
(3) A gas stream going to a fuel gas system as defined in Sec.
63.101.
(4) A gas stream exiting a control device used to comply with Sec.
63.113.
(5) A gas stream transferred to other processes (on-site or off-
site) for reaction or other use in another process (i.e., for chemical
value as a product, isolated intermediate, byproduct, or coproduct, or
for heat value).
(6) A gas stream transferred for fuel value (i.e., net positive
heating value), use, reuse, or for sale for fuel value, use, or reuse.
(7) A storage vessel vent or transfer operation vent subject to
Sec. 63.119 or Sec. 63.126.
(8) A vent from a waste management unit subject to Sec. Sec. 63.132
through 63.137.
(9) A gas stream exiting an analyzer.
(i) The gas stream would meet the characteristics specified in
paragraphs (b) through (g) of this section, but, for purposes of
avoiding applicability, has been deliberately interrupted, temporarily
liquefied, routed through any item of equipment for no process purpose,
or disposed of in a flare that does not meet the criteria in Sec.
63.11(b), or an incinerator that does not reduce emissions of organic
HAP by 98 percent or to a concentration of 20 parts per million by
volume, whichever is less stringent.
[66 FR 6928, Jan. 22, 2001]
Sec. Table 1 to Subpart F of Part 63--Synthetic Organic Chemical
Manufacturing Industry Chemicals
------------------------------------------------------------------------
Chemical name \a\ CAS No. \b\ Group
------------------------------------------------------------------------
Acenaphthene............................ 83329 V
Acetal.................................. 105577 V
Acetaldehyde............................ 75070 II
Acetamide............................... 60355 II
Acetanilide............................. 103844 II
Acetic acid............................. 64197 II
Acetic anhydride........................ 108247 II
Acetoacetanilide........................ 102012 III
Acetone................................. 67641 I
Acetone cyanohydrin..................... 75865 V
Acetonitrile............................ 75058 I
Acetophenone............................ 98862 I
Acrolein................................ 107028 IV
Acrylamide.............................. 79061 I
Acrylic acid............................ 79107 IV
Acrylonitrile........................... 107131 I
Adiponitrile............................ 111693 I
Alizarin................................ 72480 V
Alkyl anthraquinones.................... 008 V
Allyl alcohol........................... 107186 I
Allyl chloride.......................... 107051 IV
Allyl cyanide........................... 109751 IV
Aminophenol sulfonic acid............... 0010 V
Aminophenol (p-)........................ 123308 I
Aniline................................. 62533 I
Aniline hydrochloride................... 142041 III
Anisidine (o-).......................... 90040 II
Anthracene.............................. 120127 V
Anthraquinone........................... 84651 III
Azobenzene.............................. 103333 I
Benzaldehyde............................ 100527 III
Benzene................................. 71432 I
Benzenedisulfonic acid.................. 98486 I
Benzenesulfonic acid.................... 98113 I
Benzil.................................. 134816 III
Benzilic acid........................... 76937 III
Benzoic acid............................ 65850 III
Benzoin................................. 119539 III
Benzonitrile............................ 100470 III
Benzophenone............................ 119619 I
Benzotrichloride........................ 98077 III
Benzoyl chloride........................ 98884 III
Benzyl acetate.......................... 140114 III
Benzyl alcohol.......................... 100516 III
Benzyl benzoate......................... 120514 III
Benzyl chloride......................... 100447 III
Benzyl dichloride....................... 98873 III
Biphenyl................................ 92524 I
Bisphenol A............................. 80057 III
Bis(Chloromethyl) Ether................. 542881 I
Bromobenzene............................ 108861 I
Bromoform............................... 75252 V
Bromonaphthalene........................ 27497514 IV
Butadiene (1,3-)........................ 106990 II
Butanediol (1,4-)....................... 110634 I
Butyl acrylate (n-)..................... 141322 V
Butylene glycol (1,3-).................. 107880 II
Butyrolactone........................... 96480 I
Caprolactam............................. 105602 II
Carbaryl................................ 63252 V
Carbazole............................... 86748 V
Carbon disulfide........................ 75150 IV
Carbon tetrabromide..................... 558134 II
Carbon tetrachloride.................... 56235 I
Carbon tetrafluoride.................... 75730 II
Chloral................................. 75876 II
Chloroacetic acid....................... 79118 II
Chloroacetophenone (2-)................. 532274 I
[[Page 205]]
Chloroaniline (p-)...................... 106478 II
Chlorobenzene........................... 108907 I
2-Chloro-1,3-butadiene (Chloroprene).... 126998 II
Chlorodifluoroethane.................... 25497294 V
Chlorodifluoromethane................... 75456 I
Chloroform.............................. 67663 I
Chloronaphthalene....................... 25586430 IV
Chloronitrobenzene 121733 I
(m-).
Chloronitrobenzene 88733 I
(o-).
Chloronitrobenzene 100005 I
(p-).
Chlorophenol (m-)....................... 108430 II
Chlorophenol (o-)....................... 95578 II
Chlorophenol (p-)....................... 106489 II
Chlorotoluene (m-)...................... 108418 III
Chlorotoluene (o-)...................... 95498 III
Chlorotoluene (p-)...................... 106434 III
Chlorotrifluoromethane.................. 75729 II
Chrysene................................ 218019 V
Cresol and cresylic acid (m-)........... 108394 III
Cresol and cresylic acid (o-)........... 95487 III
Cresol and cresylic acid (p-)........... 106445 III
Cresols and cresylic acids (mixed)...... 1319773 III
Cumene.................................. 98828 I
Cumene hydroperoxide.................... 80159 I
Cyanoacetic acid........................ 372098 II
Cyclohexane............................. 110827 I
Cyclohexanol............................ 108930 I
Cyclohexanone........................... 108941 I
Cyclohexylamine......................... 108918 III
Cyclooctadienes......................... 29965977 II
Decahydronaphthalene.................... 91178 IV
Diacetoxy-2-Butene (1,4-)............... 0012 V
Diaminophenol hydrochloride............. 137097 V
Dibromomethane.......................... 74953 V
Dichloroaniline (mixed isomers)......... 27134276 I
Dichlorobenzene (p-).................... 106467 I
Dichlorobenzene (m-).................... 541731 I
Dichlorobenzene (o-).................... 95501 I
Dichlorobenzidine 91941 I
(3,3''-).
Dichlorodifluoromethane................. 75718 I
Dichloroethane (1,2-) 107062 I
(Ethylenedichloride) (EDC).
Dichloroethyl ether (bis(2- 111444 I
chloroethyl)ether).
Dichloroethylene (1,2-)................. 540590 II
Dichlorophenol (2,4-)................... 120832 III
Dichloropropene (1,3-).................. 542756 II
Dichlorotetrafluoro- 1320372 V
ethane.
Dichloro-1-butene (3,4-)................ 760236 II
Dichloro-2-butene (1,4-)................ 764410 V
Diethanolamine (2,2'-Iminodiethanol).... 111422 I
Diethyl sulfate......................... 64675 II
Diethylamine............................ 109897 IV
Diethylaniline (2,6-)................... 579668 V
Diethylene glycol....................... 111466 I
Diethylene glycol dibutyl ether......... 112732 I
Diethylene glycol diethyl ether......... 112367 I
Diethylene glycol dimethyl ether........ 111966 I
Diethylene glycol monobutyl ether 124174 I
acetate.
Diethylene glycol monobutyl ether....... 112345 I
Diethylene glycol monoethyl ether 112152 I
acetate.
Diethylene glycol monoethyl ether....... 111900 I
Diethylene glycol monohexyl ether....... 112594 V
Diethylene glycol monomethyl ether 629389 V
acetate.
Diethylene glycol monomethyl ether...... 111773 I
Dihydroxybenzoic acid (Resorcylic acid). 27138574 V
Dimethylbenzidine 119937 II
(3,3'-).
Dimethyl ether.......................... 115106 IV
Dimethylformamide (N,N-)................ 68122 II
Dimethylhydrazine 57147 II
(1,1-).
Dimethyl sulfate........................ 77781 I
Dimethyl terephthalate.................. 120616 II
Dimethylamine........................... 124403 IV
Dimethylaminoethanol (2-)............... 108010 I
Dimethylaniline (N,N'')................. 121697 III
Dinitrobenzenes (NOS) \c\............... 25154545 I
Dinitrophenol (2,4-).................... 51285 III
Dinitrotoluene (2,4-)................... 121142 III
Dioxane (1,4-) (1,4-Diethyleneoxide).... 1239 11I
Dioxolane (1,3-)........................ 646060 I
Diphenyl methane........................ 101815 I
Diphenyl oxide.......................... 101848 I
Diphenyl thiourea....................... 102089 III
Diphenylamine........................... 122394 III
Dipropylene glycol...................... 110985 I
Di-o-tolyguanidine...................... 97392 III
Dodecanedioic acid...................... 693232 I
Dodecyl benzene (branched).............. 123013 V
Dodecyl phenol (branched)............... 121158585 V
Dodecylaniline.......................... 28675174 V
Dodecylbenzene (n-)..................... 121013 I
Dodecylphenol........................... 27193868 III
Epichlorohydrin (1-chloro-2,3- 106898 I
epoxypropane).
Ethanolamine............................ 141435 I
Ethyl acrylate.......................... 140885 II
Ethylbenzene............................ 100414 I
Ethyl chloride (Chloroethane)........... 75003 IV
Ethyl chloroacetate..................... 105395 II
Ethylamine.............................. 75047 V
Ethylaniline (N-)....................... 103695 III
Ethylaniline (o-)....................... 578541 III
Ethylcellulose.......................... 9004573 V
Ethylcyanoacetate....................... 105566 V
Ethylene carbonate...................... 96491 I
Ethylene dibromide (Dibromoethane)...... 106934 I
Ethylene glycol......................... 107211 I
Ethylene glycol diacetate............... 111557 I
Ethylene glycol dibutyl ether........... 112481 V
Ethylene glycol diethyl ether 629141 I
(1,2-diethoxyethane).
Ethylene glycol 110714 I
dimethyl ether
Ethylene glycol monoacetate............. 542596 V
Ethylene glycol monobutyl ether 112072 I
acetate.
Ethylene glycol monobutyl ether......... 111762 I
Ethylene glycol monoethyl ether 111159 I
acetate.
Ethylene glycol monoethyl ether......... 110805 I
Ethylene glycol monohexyl ether......... 112254 V
Ethylene glycol monomethyl ether acetate 110496 I
Ethylene glycol monomethyl ether........ 109864 I
Ethylene glycol monooctyl ether......... 002 V
Ethylene glycol monophenyl ether........ 122996 I
Ethylene glycol monopropyl ether........ 2807309 I
Ethylene oxide.......................... 75218 I
Ethylenediamine......................... 107153 II
Ethylenediamine tetraacetic acid........ 60004 V
Ethylenimine (Aziridine)................ 151564 II
Ethylhexyl acrylate (2-isomer).......... 103117 II
Fluoranthene............................ 206440 V
Formaldehyde............................ 50000 I
Formamide............................... 75127 II
Formic acid............................. 64186 II
Fumaric acid............................ 110178 I
Glutaraldehyde.......................... 111308 IV
[[Page 206]]
Glyceraldehyde.......................... 367475 V
Glycerol................................ 56815 II
Glycine................................. 56406 II
Glyoxal................................. 107222 II
Hexachlorobenzene....................... 118741 II
Hexachlorobutadiene..................... 87683 II
Hexachloroethane........................ 67721 II
Hexadiene (1,4-)........................ 592450 II
Hexamethylene- 100970 I
tetramine.
Hexane.................................. 110543 V
Hexanetriol (1,2,6-).................... 106694 IV
Hydroquinone............................ 123319 I
Hydroxyadipaldehyde..................... 141311 V
Isobutyl acrylate....................... 106638 V
Isobutylene............................. 115117 V
Isophorone.............................. 78591 IV
Isophorone nitrile...................... 0017 V
Isophthalic acid........................ 121915 III
Isopropylphenol......................... 25168063 III
Linear alkylbenzene..................... ---- d I
Maleic anhydride........................ 108316 I
Maleic hydrazide........................ 123331 I
Malic acid.............................. 6915157 I
Metanilic acid.......................... 121471 I
Methacrylic acid........................ 79414 V
Methanol................................ 67561 IV
Methionine.............................. 63683 I
Methyl acetate.......................... 79209 IV
Methyl acrylate......................... 96333 V
Methyl bromide (Bromomethane)........... 74839 IV
Methyl chloride (Chloromethane)......... 74873 IV
Methyl ethyl ketone (2-butanone)........ 78933 V
Methyl formate.......................... 107313 II
Methyl hydrazine........................ 60344 IV
Methyl isobutyl carbinol................ 108112 IV
Methyl isobutyl ketone (Hexone)......... 108101 IV
Methyl isocyanate....................... 624839 IV
Methyl mercaptan........................ 74931 IV
Methyl methacrylate..................... 80626 IV
Methyl phenyl carbinol.................. 98851 II
Methyl tert-butyl ether................. 1634044 V
Methylamine............................. 74895 IV
Methylaniline (N-)...................... 100618 III
Methylcyclohexane....................... 108872 III
Methylcyclohexanol...................... 25639423 V
Methylcyclohexanone..................... 1331222 III
Methylene chloride (Dichloromethane).... 75092 I
Methylene dianiline (4,4'-isomer)....... 101779 I
Methylene diphenyl diisocyanate (4,4'-) 101688 III
(MDI).
Methylionones (a-)...................... 79696 V
Methylpentynol.......................... 77758 V
Methylstyrene (a-)...................... 98839 I
Naphthalene............................. 91203 IV
Naphthalene sulfonic acid (a-).......... 85472 IV
Naphthalene sulfonic acid (b-).......... 120183 IV
Naphthol (a-)........................... 90153 IV
Naphthol (b-)........................... 135193 IV
Naphtholsulfonic acid (1-).............. 567180 V
Naphthylamine sulfonic acid (1,4-)...... 84866 V
Naphthylamine sulfonic acid (2,1-)...... 81163 V
Naphthylamine (1-)...................... 134327 V
Naphthylamine (2-)...................... 91598 V
Nitroaniline (m-)....................... 99092 II
Nitroaniline (o-)....................... 88744 I
Nitroanisole (o-)....................... 91236 III
Nitroanisole (p-)....................... 100174 III
Nitrobenzene............................ 98953 I
Nitronaphthalene (1-)................... 86577 IV
Nitrophenol (p-)........................ 100027 III
Nitrophenol (o-)........................ 88755 III
Nitropropane (2-)....................... 79469 II
Nitrotoluene (all isomers).............. 1321126 III
Nitrotoluene (o-)....................... 88722 III
Nitrotoluene (m-)....................... 99081 III
Nitrotoluene (p-)....................... 99990 III
Nitroxylene............................. 25168041 V
Nonylbenzene (branched)................. 1081772 V
Nonylphenol............................. 25154523 V
Octene-1................................ 111660 I
Octylphenol............................. 27193288 III
Paraformaldehyde........................ 30525894 I
Paraldehyde............................. 123637 II
Pentachlorophenol....................... 87865 III
Pentaerythritol......................... 115775 I
Peracetic acid.......................... 79210 II
Perchloromethyl mercaptan............... 594423 IV
Phenanthrene............................ 85018 V
Phenetidine (p-)........................ 156434 III
Phenol.................................. 108952 III
Phenolphthalein......................... 77098 III
Phenolsulfonic acids (all isomers)...... 1333397 III
Phenyl anthranilic acid (all isomers)... 91407 III
Phenylenediamine (p-)................... 106503 I
Phloroglucinol.......................... 108736 III
Phosgene................................ 75445 IV
Phthalic acid........................... 88993 III
Phthalic anhydride...................... 85449 III
Phthalimide............................. 85416 III
Phthalonitrile.......................... 91156 III
Picoline (b-)........................... 108996 II
Piperazine.............................. 110850 I
Propiolactone (beta-)................... 57578 I
Propionaldehyde......................... 123386 IV
Propionic acid.......................... 79094 I
Propylene carbonate..................... 108327 V
Propylene dichloride (1,2- 78875 IV
dichloropropane).
Propylene glycol........................ 57556 I
Propylene glycol monomethyl ether....... 107982 I
Propylene oxide......................... 75569 I
Pyrene.................................. 129000 V
Pyridine................................ 110861 II
p-tert-Butyl toluene.................... 98511 III
Quinone................................. 106514 III
Resorcinol.............................. 108463 I
Salicylic acid.......................... 69727 III
Sodium methoxide........................ 124414 IV
Sodium phenate.......................... 139026 III
Stilbene................................ 588590 III
Styrene................................. 100425 I
Succinic acid........................... 110156 I
Succinonitrile.......................... 110612 I
Sulfanilic acid......................... 121573 III
Sulfolane............................... 126330 II
Tartaric acid........................... 526830 I
Terephthalic acid....................... 100210 II
Tetrabromophthalic anhydride............ 632791 III
Tetrachlorobenzene (1,2,4,5-)........... 95943 I
Tetrachloroethane (1,1,2,2-)............ 79345 II
Tetrachloroethylene (Perchloroethylene). 127184 I
Tetrachlorophthalic- 117088 III
anhydride.
Tetraethyl lead......................... 78002 IV
Tetraethylene glycol.................... 112607 I
Tetraethylene- 112572 V
pentamine.
Tetrahydrofuran......................... 109999 I
Tetrahydronapthalene.................... 119642 IV
Tetrahydrophthalic anhydride............ 85438 II
Tetramethylene- 110601 II
diamine.
Tetramethylethylenediamine.............. 110189 V
Tetramethyllead......................... 75741 V
Toluene................................. 108883 I
[[Page 207]]
Toluene 2,4 diamine..................... 95807 II
Toluene 2,4 diisocyanate................ 584849 II
Toluene diisocyanates (mixture)......... 26471625 II
Toluene sulfonic acids.................. 104154 III
Toluenesulfonyl chloride................ 98599 III
Toluidine (o-).......................... 95534 II
Trichloroaniline- 634935 III
(2,4,6-).
Trichlorobenzene (1,2,3-)............... 87616 V
Trichlorobenzene (1,2,4-)............... 120821 I
Trichloroethane 71556 II
(1,1,1-)
Trichloroethane (1,1,2-) (Vinyl 79005 II
trichloride).
Trichloroethylene....................... 79016 I
Trichlorofluoromethane.................. 75694 I
Trichlorophenol 95954 I
(2,4,5-).
(1,1,2-) Trichloro 76131 I
(1,2,2-) trifluoroethane.
Triethanolamine......................... 102716 I
Triethylamine........................... 121448 IV
Triethylene glycol...................... 112276 I
Triethylene glycol 112492 I
dimethyl ether.
Triethylene glycol monoethyl ether...... 112505 V
Triethylene glycol monomethyl ether..... 112356 I
Trimethylamine.......................... 75503 IV
Trimethylcyclohexanol................... 933482 IV
Trimethylcyclo- 2408379 IV
hexanone.
Trimethylcyclo- 34216347 V
hexylamine.
Trimethylolpropane...................... 77996 I
Trimethylpentane (2,2,4-)............... 540841 V
Tripropylene glycol..................... 24800440 V
Vinyl acetate........................... 108054 II
Vinyl chloride (Chloroethylene)......... 75014 I
Vinyl toluene........................... 25013154 III
Vinylcyclohexene (4-)................... 100403 II
Vinylidene chloride 75354 II
(1,1-dichloroethylene).
Vinyl(N-)-pyrrolidone(2-)............... 88120 V
Xanthates............................... 140896 V
Xylene sulfonic acid.................... 25321419 III
Xylenes (NOS) \c\....................... 1330207 I
Xylene (m-)............................. 108383 I
Xylene (o-)............................. 95476 I
Xylene (p-)............................. 106423 I
Xylenols (Mixed)........................ 1300716 V
Xylidene................................ 1300738 III
------------------------------------------------------------------------
\a\ Isomer means all structural arrangements for the same number of
atoms of each element and does not mean salts, esters, or derivatives.
\b\ CAS Number = Chemical Abstract Service number.
\c\ NOS = not otherwise specified.
\d\ No CAS number assigned.
[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
61 FR 31439, June 20, 1996; 63 FR 26082, May 12, 1998]
Sec. Table 2 to Subpart F of Part 63--Organic Hazardous Air Pollutants
------------------------------------------------------------------------
CAS No.
Chemical name \a,b\ \c\
------------------------------------------------------------------------
Acenaphthene................................................ 83329
Acetaldehyde................................................ 75070
Acetamide................................................... 60355
Acetonitrile................................................ 75058
Acetophenone................................................ 98862
Acrolein.................................................... 107028
Acrylamide.................................................. 79061
Acrylic acid................................................ 79107
Acrylonitrile............................................... 107131
Alizarin.................................................... 72480
Allyl chloride.............................................. 107051
Aniline..................................................... 62533
Anisidine (o-).............................................. 90040
Anthracene.................................................. 120127
Anthraquinone............................................... 84651
Benzene..................................................... 71432
Benzotrichloride............................................ 98077
Benzyl chloride............................................. 100447
Biphenyl.................................................... 92524
Bis(chloromethyl)ether...................................... 542881
Bromoform................................................... 75252
Bromonaphthalene............................................ 27497514
Butadiene (1,3-)............................................ 106990
Carbon disulfide............................................ 75150
Carbon tetrachloride........................................ 56235
Chloroacetic acid........................................... 79118
Chloroacetophenone (2-)..................................... 532274
Chlorobenzene............................................... 108907
2-Chloro-,1,3-butadiene (Chloroprene)....................... 126998
Chloroform.................................................. 67663
Chloronaphthalene........................................... 25586430
Chrysene.................................................... 218019
Cresols and cresylic acids (mixed).......................... 1319773
Cresol and cresylic acid (o-)............................... 95487
Cresol and cresylic acid (m-)............................... 108394
Cresol and cresylic acid (p-)............................... 106445
Cumene...................................................... 98828
Dichlorobenzene (p-)........................................ 106467
Dichlorobenzidine (3,3''-).................................. 91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)........... 107062
Dichloroethylether (Bis(2-chloroethyl)ether)................ 111444
Dichloropropene (1,3-)...................................... 542756
Diethanolamine (2,2''-Iminodiethanol)....................... 111422
Dimethylaniline (N,N-)...................................... 121697
Diethyl sulfate............................................. 64675
Dimethylbenzidine (3,3''-).................................. 119937
Dimethylformamide (N,N-).................................... 68122
Dimethylhydrazine (1,1-).................................... 58147
Dimethylphthalate........................................... 131113
Dimethylsulfate............................................. 77781
Dinitrophenol (2,4-)........................................ 51285
Dinitrotoluene (2,4-)....................................... 121142
Dioxane (1,4-) (1,4-Diethyleneoxide)........................ 123911
1,2-Diphenylhydrazine....................................... 122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane)................. 106898
Ethyl acrylate.............................................. 140885
Ethylbenzene................................................ 100414
Ethyl chloride (Chloroethane)............................... 75003
Ethylene dibromide (Dibromoethane).......................... 106934
Ethylene glycol............................................. 107211
Ethylene oxide.............................................. 75218
Ethylidene dichloride (1,1-Dichloroethane).................. 75343
Fluoranthene................................................ 206440
Formaldehyde................................................ 50000
Glycol ethers \d\...........................................
Hexachlorobenzene........................................... 118741
Hexachlorobutadiene......................................... 87683
Hexachloroethane............................................ 67721
Hexane...................................................... 110543
Hydroquinone................................................ 123319
Isophorone.................................................. 78591
Maleic anhydride............................................ 108316
Methanol.................................................... 67561
Methylbromide (Bromomethane)................................ 74839
Methylchloride (Chloromethane).............................. 74873
Methyl hydrazine............................................ 60344
Methyl isobutyl ketone (Hexone)............................. 108101
Methyl isocyanate........................................... 624839
Methyl methacrylate......................................... 80626
[[Page 208]]
Methyl tert-butyl ether..................................... 1634044
Methylene chloride (Dichloromethane)........................ 75092
Methylene diphenyl diisocyanate (4,4''-) (MDI).............. 101688
Methylenedianiline (4,4''-)................................. 101779
Naphthalene................................................. 91203
Naphthalene sulfonic acid ([alpha])......................... 85472
Naphthalene sulfonic acid ([beta]).......................... 120183
Naphthol ([alpha]).......................................... 90153
Naphthol ([beta])........................................... 135193
Naphtholsulfonic acid (1-).................................. 567180
Naphthylamine sulfonic acid (1,4-).......................... 84866
Naphthylamine sulfonic acid (2,1-).......................... 81163
Naphthylamine (1-).......................................... 134327
Naphthylamine (2-).......................................... 91598
Nitronaphthalene (1-)....................................... 86577
Nitrobenzene................................................ 98953
Nitrophenol (p-)............................................ 100027
Nitropropane (2-)........................................... 79469
Phenanthrene................................................ 85018
Phenol...................................................... 108952
Phenylenediamine (p-)....................................... 106503
Phosgene.................................................... 75445
Phthalic anhydride.......................................... 85449
Propiolactone (beta-)....................................... 57578
Propionaldehyde............................................. 123386
Propylene dichloride (1,2-Dichloropropane).................. 78875
Propylene oxide............................................. 75569
Pyrene...................................................... 129000
Quinone..................................................... 106514
Styrene..................................................... 100425
Tetrachloroethane (1,1,2,2-)................................ 79345
Tetrachloroethylene (Perchloroethylene)..................... 127184
Tetrahydronaphthalene....................................... 119642
Toluene..................................................... 108883
Toluene diamine (2,4-)...................................... 95807
Toluene diisocyanate (2,4-)................................. 584849
Toluidine (o-).............................................. 95534
Trichlorobenzene (1,2,4-)................................... 120821
Trichloroethane (1,1,1-) (Methyl chloroform)................ 71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................ 79005
Trichloroethylene........................................... 79016
Trichlorophenol (2,4,5-).................................... 95954
Triethylamine............................................... 121448
Trimethylpentane (2,2,4-)................................... 540841
Vinyl acetate............................................... 108054
Vinyl chloride (Chloroethylene)............................. 75014
Vinylidene chloride (1,1-Dichloroethylene).................. 75354
Xylenes (NOS)............................................... 1330207
Xylene (m-)................................................. 108383
Xylene (o-)................................................. 95476
Xylene (p-)................................................. 106423
------------------------------------------------------------------------
\a\ For all Listings above containing the word ``Compounds,'' the
following applies: Unless otherwise specified, these listings are
defined as including any unique chemical substance that contains the
named chemical (i.e., antimony, arsenic) as part of that chemical's
infrastructure.
\b\ Isomer means all structural arrangements for the same number of
atoms of each element and does not mean salts, esters, or derivatives.
\c\ CAS No.=Chemical Abstract Service number.
\d\ Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
and triethylene glycol R-(OCH2 CH2n-OR where:
n=1, 2, or 3;
R=alkyl or aryl groups; and
R''=R, H or groups which, when removed, yield glycol ethers with the
structure:
R-(OCH2 CH2n-OH
Polymers are excluded from the glycol category.
[62 FR 2735, Jan. 17, 1997, as amended at 71 FR 76614, Dec. 21, 2006]
Table 3 to Subpart F of Part 63--General Provisions Applicability to
Subparts F, G, and H \a\ to Subpart F
------------------------------------------------------------------------
Applies to subparts
Reference F, G, and H Comment
------------------------------------------------------------------------
63.1(a)(1)............. Yes................ Overlap clarified in Sec.
63.101, Sec. 63.111,
Sec. 63.161.
63.1(a)(2)............. Yes................
63.1(a)(3)............. Yes................ Sec. 63.110 and Sec.
63.160(b) of subparts G
and H identify which
standards are overridden.
63.1(a)(4)............. No................. Subpart F specifies
applicability of each
paragraph in subpart A to
subparts F, G, and H.
63.1 (a)(5)-(a)(9)..... No.................
63.1(a)(10)............ No................. Subparts F, G, and H
specify calendar or
operating day.
63.1(a)(11)............ No................. Subpart F Sec. 63.103(d)
specifies acceptable
methods for submitting
reports. \a\
63.1 (a)(12)-(a)(14)... Yes................
63.1(b)(1)............. No................. Subpart F specifies
applicability.
63.1(b)(2)............. Yes................
63.1(b)(3)............. No.................
63.1(c)(1)............. No................. Subpart F specifies
applicability.
63.1(c)(2)............. No................. Area sources are not
subject to subparts F, G,
and H.
63.1(c)(3)............. No.................
63.1(c)(4)............. Yes................
63.1(c)(5)............. No................. Subparts G and H specify
applicable notification
requirements.
63.1(d)................ No.................
63.1(e)................ No................. Subparts F, G, and H
established before permit
program.
63.2................... Yes................ Subpart F Sec. 63.101(a)
specifies those subpart A
definitions that apply to
the HON. Subpart F
definition of ``source''
is equivalent to subpart
A definition of
``affected source.''
63.3................... No................. Units of measure are
spelled out in subparts
F, G, and H.
63.4 (a)(1)-(a)(3)..... Yes................
63.4(a)(4)............. No................. This is a reserved
paragraph in subpart A of
part 63.
63.4(a)(5)............. Yes................
63.4(b)................ Yes................
63.4(c)................ Yes................
63.5(a)(1)............. Yes................ Except the terms
``source'' and
``stationary source'' in
Sec. 63.5(a)(1) should
be interpreted as having
the same meaning as
``affected source.''
[[Page 209]]
63.5(a)(2)............. Yes................
63.5(b)(1)............. Yes................ Except Sec. 63.100(l)
defines when construction
or reconstruction is
subject to standards for
new sources.
63.5(b)(2)............. No................. This is a reserved
paragraph in subpart A of
part 63.
63.5(b)(3)............. Yes................
63.5(b)(4)............. Yes................ Except the cross reference
to Sec. 63.9(b) is
limited to Sec. 63.9(b)
(4) and (5). Subpart F
overrides Sec. 63.9
(b)(1) through (b)(3).
63.5(b)(5)............. Yes................
63.5(b)(6)............. Yes................ Except Sec. 63.100(l)
defines when construction
or reconstruction is
subject to standards for
new sources.
63.5(c)................ No................. This is a reserved
paragraph in subpart A of
part 63.
63.5(d)(1)(i).......... No................. For subpart G, see Sec.
63.151(b) (2)(ii) and
(2)(iii) for the
applicability and timing
of this submittal; for
subpart H, see Sec.
63.182(b) (2)(ii) and
(b)(2)(iii) for
applicability and timing
of this submittal.
63.5(d)(1)(ii)......... Yes................ Except Sec.
63.5(d)(1)(ii)(H) does
not apply.
63.5(d)(1)(iii)........ No................. Subpart G requires
submittal of the
Notification of
Compliance Status in Sec.
63.152(b); subpart H
specifies requirements in
Sec. 63.182(c).
63.5(d)(2)............. No.................
63.5(d)(3)............. Yes--subpart G No-- Except Sec.
subpart H. 63.5(d)(3)(ii) does not
apply to subpart G.
63.5(d)(4)............. Yes................
63.5(e)................ Yes................
63.5(f)(1)............. Yes................
63.5(f)(2)............. Yes................ Except the cross-reference
to Sec. 63.5(d)(1) is
changed to Sec.
63.151(b)(2)(ii) of
subpart G and to Sec.
63.182(b)(2)(ii) of
subpart H. The cross-
reference to Sec.
63.5(b)(2) does not
apply.
63.6(a)................ Yes................
63.6(b)(1)............. No................. Subparts F and H specify
compliance dates for
sources subject to
subparts F, G, and H.
63.6(b)(2)............. No.................
63.6(b)(3)............. Yes................
63.6(b)(4)............. No................. May apply when standards
are proposed under
Section 112(f) of the
Clean Air Act.
63.6(b)(5)............. No................. Subparts G and H include
notification
requirements.
63.6(b)(6)............. No.................
63.6(b)(7)............. No.................
63.6(c)(1)............. No................. Subpart F specifies the
compliance dates for
subparts G and H.
63.6(c)(2)............. No.................
63.6(c)(3)............. No.................
63.6(c)(4)............. No.................
63.6(c)(5)............. Yes................
63.6(d)................ No.................
63.6(e)................ Yes................ Except as otherwise
specified for individual
paragraphs. Does not
apply to Group 2 emission
points unless they are
included in an emissions
average. \b\
63.6(e)(1)(i).......... No................. This is addressed by Sec.
63.102(a)(4) of subpart
F.
63.6(e)(1)(ii)......... Yes................
63.6(e)(1)(iii)........ Yes................
63.6(e)(2)............. Yes................
63.6(e)(3)(i).......... Yes................ For subpart H, the
startup, shutdown, and
malfunction plan
requirement of Sec.
63.6(e)(3)(i) is limited
to control devices
subject to the provisions
of subpart H and is
optional for other
equipment subject to
subpart H. The startup,
shutdown, and malfunction
plan may include written
procedures that identify
conditions that justify a
delay of repair.
63.6(e)(3)(i)(A)....... No................. This is addressed by Sec.
63.102(a)(4).
63.6(e)(3)(i)(B)....... Yes................
63.6(e)(3)(i)(C)....... Yes................
63.6(e)(3)(ii)......... Yes................
63.6(e)(3)(iii)........ No................. Recordkeeping and
reporting are specified
in Sec. 63.103(c)(2) of
subpart F and Sec.
63.152(d)(1) of subpart
G.
63.6(e)(3)(iv)......... No................. Recordkeeping and
reporting are specified
in Sec. 63.103(c)(2) of
subpart F and Sec.
63.152(d)(1) of subpart
G.
63.6(e)(3)(v).......... No................. Records retention
requirements are
specified in Sec.
63.103(c).
63.6(e)(3)(vi)......... Yes................
63.6(e)(3)(vii)........ Yes................
63.6(e)(3)(vii)(A)..... Yes................
63.6(e)(3)(vii)(B)..... Yes................ Except the plan must
provide for operation in
compliance with Sec.
63.102(a)(4).
63.6(e)(3)(vii)(C)..... Yes................
63.6(e)(3)(viii)....... Yes................
63.6(e)(3)(ix)......... Yes................
63.6(f)(1)............. No................. Sec. 63.102(a) of
subpart F specifies when
the standards apply.
63.6(f)(2)(i).......... Yes................
63.6(f)(2)(ii)......... Yes--subpart G No-- Sec. 63.152(c)(2) of
subpart H. subpart G specifies the
use of monitoring data in
determining compliance
with subpart G.
[[Page 210]]
63.6(f)(2)(iii) (A), Yes................
(B), and (C).
63.6(f)(2)(iii)(D)..... No.................
63.6(f)(2)(iv)......... Yes................
63.6(f)(2)(v).......... Yes................
63.6(f)(3)............. Yes................
63.6(g)................ No................. Procedures specified in
Sec. 63.102(b) of
subpart F.
63.6(h)................ No.................
63.6(i)(1)............. Yes................
63.6(i)(2)............. Yes................
63.6(i)(3)............. No................. For subpart G, Sec.
63.151(a)(6) specifies
procedures; for subpart
H, Sec. 63.182(a)(6)
specifies procedures.
63.6(i)(4)(i)(A)....... Yes................
63.6(i)(4)(i)(B)....... No................. Dates are specified in
Sec. 63.151(a)(6)(i) of
subpart G and Sec.
63.182(a)(6)(i) of
subpart H.
63.6(i)(4)(ii)......... No.................
63.6(i) (5)-(14)....... Yes................
63.6(i)(15)............ No.................
63.6(i)(16)............ Yes................
63.6(j)................ Yes................
63.7(a)(1)............. No................. Subparts F, G, and H
specify required testing
and compliance
demonstration procedures.
63.7(a)(2)............. No................. For subpart G, test
results must be submitted
in the Notification of
Compliance Status due 150
days after compliance
date, as specified in
Sec. 63.152(b); for
subpart H, all test
results subject to
reporting are reported in
periodic reports.
63.7(a)(3)............. Yes................
63.7(b)................ No.................
63.7(c)................ No.................
63.7(d)................ Yes................
63.7(e)(1)............. Yes................
63.7(e)(2)............. Yes................
63.7(e)(3)............. No................. Subparts F, G, and H
specify test methods and
procedures.
63.7(e)(4)............. Yes................
63.7(f)................ No................. Subparts F, G, and H
specify applicable
methods and provide
alternatives.
63.7(g)................ No................. Performance test reporting
specified in Sec.
63.152(b) of subpart G:
Not applicable to subpart
H because no performance
test required by subpart
H.
63.7(h)(1)............. Yes................
63.7(h)(2)............. Yes................
63.7(h)(3)............. No................. Sec. 63.103(b)(5) of
subpart F specifies
provisions for requests
to waive performance
tests.
63.7(h)(4)............. No.................
63.7(h)(5)............. Yes................
63.8(a)(1)............. Yes................
63.8(a)(2)............. No.................
63.8(a)(3)............. No.................
63.8(a)(4)............. Yes................
63.8(b)(1)............. Yes................
63.8(b)(2)............. No................. Subparts G and H specify
locations to conduct
monitoring.
63.8(b)(3)............. Yes................
63.8(c)(1)(i).......... Yes................
63.8(c)(1)(ii)......... No................. For subpart G, submit as
part of periodic report
required by Sec.
63.152(c); for subpart H,
retain as required by
Sec. 63.181(g)(2)(ii).
63.8(c)(1)(iii)........ Yes................
63.8(c)(2)............. Yes................
63.8(c)(3)............. Yes................
63.8(c)(4)............. No................. Subpart G specifies
monitoring frequency by
kind of emission point
and control technology
used (e.g., Sec.
63.111, Sec.
63.120(d)(2), Sec.
63.143, and Sec.
63.152(f)); subpart H
does not require use of
continuous monitoring
systems.
63.8 (c)(5)-(c)(8)..... No.................
63.8(d)................ No.................
63.8(e)................ No.................
63.8 (f)(1)-(f)(3)..... Yes................
63.8(f)(4)(i).......... No................. Timeframe for submitting
request specified in Sec.
63.151(f) or (g) of
subpart G; not applicable
to subpart H because
subpart H specifies
acceptable alternative
methods.
63.8(f)(4)(ii)......... Yes................
63.8(f)(4)(iii)........ No.................
63.8(f)(5)(i).......... Yes................
63.8(f)(5)(ii)......... No.................
63.8(f)(5)(iii)........ Yes................
63.8(f)(6)............. No................. Subparts G and H do not
require continuous
emission monitoring.
63.8(g)................ No................. Data reduction procedures
specified in Sec.
63.152(f) and (g) of
subpart G; not applicable
to subpart H.
63.9(a)................ Yes................
63.9(b)(1)............. No................. Specified in Sec.
63.151(b)(2) of subpart
G; specified in Sec.
63.182(b) of subpart H.
63.9(b)(2)............. No................. Initial Notification
provisions are specified
in Sec. 63.151(b) of
subpart G; in Sec.
63.182(b) of subpart H.
[[Page 211]]
63.9(b)(3)............. No.................
63.9(b)(4)............. Yes................ Except that the
notification in Sec.
63.9(b)(4)(i) shall be
submitted at the time
specified in Sec.
63.151(b)(2)(ii) of
subpart G; in Sec.
63.182(b)(2) of subpart
H.
63.9(b)(5)............. Yes................ Except that the
notification in Sec.
63.9(b)(5) shall be
submitted at the time
specified in Sec.
63.151(b)(2)(ii) of
subpart G; in Sec.
63.182 (b)(2) of subpart
H.
63.9(c)................ Yes................
63.9(d)................ Yes................
63.9(e)................ No.................
63.9(f)................ No.................
63.9(g)................ No.................
63.9(h)................ No................. Sec. 63.152(b) of
subpart G and Sec.
63.182 (c) of subpart H
specify Notification of
Compliance Status
requirements.
63.9(i)................ Yes................
63.9(j)................ No.................
63.10(a)............... Yes................
63.10(b)(1)............ No................. Sec. 63.103(c) of
subpart F specifies
record retention
requirements.
63.10(b)(2)............ No................. Sec. 63.103(c) of
subpart F specifies
required records.
63.10(b)(3)............ No.................
63.10(c)............... No.................
63.10(d)(1)............ No.................
63.10(d)(2)............ No................. Sec. 63.152(b) of
subpart G specifies
performance test
reporting; not applicable
to subpart H.
63.10(d)(3)............ No.................
63.10(d)(4)............ Yes................
63.10(d)(5)............ Yes................ Except that reports
required by Sec.
63.10(d)(5) shall be
submitted at the time
specified in Sec.
63.152(d) of subpart G
and in Sec. 63.182(d)
of subpart H.
63.10(e)............... No.................
63.10(f)............... Yes................
63.11-63.15............ Yes ...............
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
sent by methods other than the U.S. Mail (e.g., by fax or courier).
Submittals shall be sent by the specified dates, but a postmark is not
necessarily required.
\b\ The plan, and any records or reports of start-up, shutdown, and
malfunction do not apply to Group 2 emission points unless they are
included in an emissions average.
[62 FR 2737, Jan. 17, 1997, as amended at 71 FR 20456, Apr. 20, 2006]
Sec. Table 4 to Subpart F of Part 63--Organic Hazardous Air Pollutants
Subject to Cooling Tower Monitoring Requirements in Sec. 63.104
------------------------------------------------------------------------
CAS
Chemical name Number \a\
------------------------------------------------------------------------
Acetaldehyde................................................ 75070
Acetonitrile................................................ 75058
Acetophenone................................................ 98862
Acrolein.................................................... 107028
Acrylonitrile............................................... 107131
Allyl chloride.............................................. 107051
Aniline..................................................... 62533
Anisidine (o-).............................................. 90040
Benzene..................................................... 71432
Benzyl chloride............................................. 100447
Biphenyl.................................................... 92524
Bromoform................................................... 75252
Butadiene (1,3-)............................................ 106990
Carbon disulfide............................................ 75150
Carbon tetrachloride........................................ 56235
Chloroacetophenone (2-)..................................... 532274
Chlorobenzene............................................... 108907
2-Chloro-1,3-butadiene (Chloroprene)........................ 126998
Chloroform.................................................. 67663
Cresol and cresylic acid (o-)............................... 95487
Cresol and cresylic acid (m-)............................... 108394
Cresol and cresylic acid (p-)............................... 106445
Cumene...................................................... 98828
Dichlorobenzene (p-)........................................ 106467
Dichlorobenzidine (3,3''-).................................. 91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)........... 107062
Dichloroethyl ether (Bis(2-chloroethyl)ether)............... 111444
Dichloropropene (1,3-)...................................... 542756
Diethylene glycol diethyl ether............................. 112367
Diethylene glycol dimethyl ether............................ 111966
Diethyl sulfate............................................. 64675
Dimethylaniline (N,N-)...................................... 121697
Dimethylhydrazine (1,1-).................................... 57147
Dimethyl phthalate.......................................... 131113
Dimethyl sulfate............................................ 77781
Dinitrophenol (2,4-)........................................ 51285
Dinitrotoluene (2,4-)....................................... 121142
Dioxane (1,4-) (1,4-Diethyleneoxide)........................ 123911
Epichlorohydrin (1-Chloro-2,3-epoxypropane)................. 106898
Ethyl acrylate.............................................. 140885
Ethylbenzene................................................ 100414
Ethyl chloride (Chloroethane)............................... 75003
Ethylene dibromide (Dibromoethane).......................... 106934
Ethylene glycol dimethyl ether.............................. 110714
Ethylene glycol monobutyl ether............................. 111762
Ethylene glycol monobutyl ether acetate..................... 112072
Ethylene glycol monoethyl ether acetate..................... 111159
Ethylene glycol monoethyl ether............................. 110805
Ethylene glycol monomethyl ether............................ 109864
Ethylene glycol monomethyl ether acetate.................... 110496
Ethylene glycol monopropyl ether............................ 2807309
Ethylene oxide.............................................. 75218
Ethylidene dichloride (1,1-Dichloroethane).................. 75343
Formaldehyde................................................ 50000
Hexachlorobenzene........................................... 118741
Hexachlorobutadiene......................................... 87683
[[Page 212]]
Hexachloroethane............................................ 67721
Hexane...................................................... 110543
Isophorone.................................................. 78591
Methanol.................................................... 67561
Methyl bromide (Bromomethane)............................... 74839
Methyl chloride (Chloromethane)............................. 74873
Methyl hydrazine............................................ 60344
Methyl isobutyl ketone (Hexone)............................. 108101
Methyl methacrylate......................................... 80626
Methyl tert-butyl ether..................................... 1634044
Methylene chloride (Dichloromethane)........................ 75092
Methylenedianiline (4,4''-)................................. 101779
Naphthalene................................................. 91203
Nitrobenzene................................................ 98953
Nitropropane (2-)........................................... 79469
Phenol...................................................... 108952
Phenylenediamine (p-)....................................... 106503
Phosgene.................................................... 75445
Propionaldehyde............................................. 123386
Propylene dichloride (1,2-Dichloropropane).................. 78875
Propylene oxide............................................. 75569
Quinone..................................................... 106514
Styrene..................................................... 100425
Tetrachloroethane (1,1,2,2-)................................ 79345
Tetrachloroethylene (Perchloroethylene)..................... 127184
Toluene..................................................... 108883
Toluidine (o-).............................................. 95534
Trichlorobenzene (1,2,4-)................................... 120821
Trichloroethane (1,1,1-) (Methyl chloroform)................ 71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................ 79005
Trichloroethylene........................................... 79016
Trichlorophenol (2,4,5-).................................... 95954
Triethylamine............................................... 121448
Trimethylpentane (2,2,4-)................................... 540841
Vinyl acetate............................................... 108054
Vinyl chloride (chloroethylene)............................. 75014
Vinylidene chloride (1,1-Dichloroethylene).................. 75354
Xylene (m-)................................................. 108383
Xylene (o-)................................................. 95476
Xylene (p-)................................................. 106423
------------------------------------------------------------------------
\a\ CAS Number=Chemical Abstract Service number.
[62 FR 2740, Jan. 17, 1997, as amended at 71 FR 76614, Dec. 21, 2006]
Subpart G_National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
for Process Vents, Storage Vessels, Transfer Operations, and Wastewater
Source: 59 FR 19468, Apr. 22, 1994, unless otherwise noted.
Sec. 63.110 Applicability.
(a) This subpart applies to all process vents, storage vessels,
transfer racks, wastewater streams, and in-process equipment subject to
Sec. 63.149 within a source subject to subpart F of this part.
(b) Overlap with other regulations for storage vessels. (1) After
the compliance dates specified in Sec. 63.100 of subpart F of this
part, a Group 1 or Group 2 storage vessel that is also subject to the
provisions of 40 CFR part 60, subpart Kb is required to comply only with
the provisions of this subpart.
(2) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, a Group 1 storage vessel that is also subject to the
provisions of 40 CFR part 61, subpart Y is required to comply only with
the provisions of this subpart.
(3) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, a Group 2 storage vessel that is also subject to the
provisions of 40 CFR part 61, subpart Y is required to comply only with
the provisions of 40 CFR part 61, subpart Y. The recordkeeping and
reporting requirements of 40 CFR part 61, subpart Y will be accepted as
compliance with the recordkeeping and reporting requirements of this
subpart.
(c) Overlap with other regulations for transfer racks. (1) After the
compliance dates specified in Sec. 63.100 of subpart F of this part, a
Group 1 transfer rack that is also subject to the provisions of 40 CFR
part 61, subpart BB is required to comply only with the provisions of
this subpart.
(2) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, a Group 2 transfer rack that is also subject to the
provisions of 40 CFR part 61, subpart BB is required to comply with the
provisions of either paragraph (c)(2)(i) or (c)(2)(ii) of this subpart.
(i) If the transfer rack is subject to the control requirements
specified in Sec. 61.302 of 40 CFR part 61, subpart BB, then the
transfer rack is required to comply with the control requirements of
Sec. 61.302 of 40 CFR part 61, subpart BB. The owner or operator may
elect to comply with either the associated testing, monitoring,
reporting, and recordkeeping requirements of 40 CFR part 61, subpart BB
or with the testing, monitoring, recordkeeping, and reporting
requirements specified in this subpart for Group 1 transfer racks. The
owner or operator shall indicate this decision in either the
Notification of Compliance Status specified in
[[Page 213]]
Sec. 63.152(b) of this subpart or in an operating permit application or
amendment.
(ii) If the transfer rack is subject only to reporting and
recordkeeping requirements under 40 CFR part 61, subpart BB, then the
transfer rack is required to comply only with the reporting and
recordkeeping requirements specified in this subpart for Group 2
transfer racks and is exempt from the reporting and recordkeeping
requirements in 40 CFR part 61, subpart BB.
(d) Overlap with other regulations for process vents. (1) After the
compliance dates specified in Sec. 63.100 of subpart F of this part, a
Group 1 process vent that is also subject to the provisions of 40 CFR
part 60, subpart III is required to comply only with the provisions of
this subpart.
(2) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, the owner or operator of a Group 2 process vent that is
also subject to the provisions of 40 CFR part 60, subpart III shall
determine requirements according to paragraphs (d)(2)(i) and (d)(2)(ii)
of this section.
(i) If the Group 2 process vent has a TRE value less than 1 as
determined by the procedures in 40 CFR part 60, subpart III, the process
vent is required to comply with the provisions in paragraphs
(d)(2)(i)(A) through (d)(2)(i)(C) of this section.
(A) The provisions in both this subpart and in 40 CFR part 60,
subpart III for applicability determination and the associated
recordkeeping and reporting;
(B) The provisions in both this subpart and in 40 CFR part 60,
subpart III for process changes and recalculation of the TRE index value
and the associated recordkeeping and reporting; and
(C) The control requirements in Sec. 60.612 of 40 CFR part 60,
subpart III. The owner or operator may elect to comply with either the
associated testing, monitoring, reporting, and recordkeeping
requirements of 40 CFR part 60, subpart III or with the testing,
monitoring, reporting, and recordkeeping requirements specified in this
subpart for Group 1 process vents. The owner or operator shall indicate
this decision in either the Notification of Compliance Status specified
in Sec. 63.152(b) of this subpart or in an operating permit application
or amendment.
(ii) If the Group 2 process vent has a TRE value greater than or
equal to 1 as determined by the procedures in 40 CFR part 60, subpart
III, the process vent is required to comply only with the provisions
specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) of this
section.
(A) The provisions in both this subpart and in 40 CFR part 60,
subpart III for applicability determination and the associated
recordkeeping and reporting;
(B) The provisions in both this subpart and in 40 CFR part 60,
subpart III for process changes and recalculation of the TRE index value
and the associated recordkeeping and reporting;
(C) If the provisions of both this subpart and 40 CFR part 60,
subpart III require continuous monitoring of recovery device operating
parameters, the process vent is required to comply only with the
provisions that are specified in this subpart for continuous monitoring
of recovery device operating parameters and the associated testing,
reporting, and recordkeeping.
(D) If only the provisions of 40 CFR part 60, subpart III require
continuous monitoring of recovery device operating parameters, the
process vent is required to comply only with the provisions that are
specified in 40 CFR part 60, subpart III for continuous monitoring of
recovery device operating parameters and the associated testing,
reporting, and recordkeeping.
(3) After the compliance dates specified in 63.100 of subpart F of
this part, if an owner or operator of a process vent subject to this
subpart that is also subject to the provisions of 40 CFR part 60,
subpart III elects to control the process vent to the levels required in
Sec. 63.113 (a)(1) or (a)(2) of this subpart without calculating the
TRE index value for the vent according to the procedures specified in
Sec. 63.115(d) of this subpart then the owner or operator shall comply
with the testing, monitoring, reporting, and recordkeeping provisions of
this subpart and shall be exempt from the testing, monitoring,
reporting, and recordkeeping provisions of 40 CFR part 60, subpart III.
[[Page 214]]
(4) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, a Group 1 process vent that is also subject to the
provisions of 40 CFR part 60, subpart NNN is required to comply only
with the provisions of this subpart.
(5) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, the owner or operator of a Group 2 process vent that is
also subject to the provisions of 40 CFR part 60, subpart NNN shall
determine requirements according to paragraphs (d)(5)(i) and (d)(5)(ii)
of this section.
(i) If the Group 2 process vent has a TRE value less than 1 as
determined by the procedures in 40 CFR part 60, subpart NNN, the process
vent is required to comply with the provisions in paragraphs
(d)(5)(i)(A) through (d)(5)(i)(C) of this section.
(A) The provisions in both this subpart and in 40 CFR part 60,
subpart NNN for applicability determination and the associated
recordkeeping and reporting;
(B) The provisions in both this subpart and in 40 CFR part 60,
subpart NNN for process changes and recalculation of the TRE index value
and the associated recordkeeping and reporting; and
(C) The control requirements in Sec. 60.662 of 40 CFR part 60,
subpart NNN. The owner or operator may elect to comply with either the
associated testing, monitoring, reporting, and recordkeeping
requirements of 40 CFR part 60, subpart NNN or with the testing,
monitoring, reporting, and recordkeeping requirements specified in this
subpart for Group 1 process vents. The owner or operator shall indicate
this decision in either the Notification of Compliance Status specified
in Sec. 63.152(b) of this subpart or in an operating permit application
or amendment.
(ii) If the Group 2 process vent has a TRE value greater than or
equal to 1 as determined by the procedures in 40 CFR part 60, subpart
NNN, the process vent is required to comply only with the provisions
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(D) of this
section.
(A) The provisions in both this subpart and in 40 CFR part 60,
subpart NNN for applicability determination and the associated
recordkeeping and reporting;
(B) The provisions in both this subpart and in 40 CFR part 60,
subpart NNN for process changes and recalculation of the TRE index value
and the associated recordkeeping and reporting;
(C) If the provisions of both this subpart and 40 CFR part 60,
subpart NNN require continuous monitoring of recovery device operating
parameters, the process vent is required to comply only with the
provisions that are specified in this subpart for continuous monitoring
of recovery device operating parameters and the associated testing,
reporting, and recordkeeping.
(D) If only the provisions of 40 CFR part 60, subpart NNN require
continuous monitoring of recovery device operating parameters, the
process vent is required to comply only with the provisions that are
specified in 40 CFR part 60, subpart NNN for continuous monitoring of
recovery device operating parameters and the associated testing,
reporting, and recordkeeping.
(6) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, if an owner or operator of a process vent subject to
this subpart that is also subject to the provisions of 40 CFR part 60,
subpart NNN elects to control the process vent to the levels required in
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE
index value for the vent according to the procedures specified in Sec.
63.115(d) of this subpart then the owner or operator shall comply with
the testing, monitoring, reporting, and recordkeeping provisions of this
subpart and shall be exempt from the testing, monitoring, reporting, and
recordkeeping provisions of 40 CFR part 60, subpart NNN.
(7) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, a Group 1 process vent that is also subject to the
provisions of 40 CFR part 60, subpart RRR is required to comply only
with the provisions of this subpart.
(8) After the compliance dates specified in Sec. 63.100 of subpart
F of this part, the owner or operator of a Group 2 process vent that is
also subject to the provisions of 40 CFR part 60, subpart
[[Page 215]]
RRR shall determine requirements according to paragraphs (d)(8)(i) and
(d)(8)(ii) of this section.
(i) If the Group 2 process vent has a TRE value less than 1 as
determined by the procedures in 40 CFR part 60, subpart RRR, the process
vent is required to comply with the provisions in paragraphs
(d)(8)(i)(A) through (d)(8)(i)(C) of this section.
(A) The provisions in both this subpart and in 40 CFR part 60,
subpart RRR for applicability determination and the associated
recordkeeping and reporting;
(B) The provisions in both this subpart and in 40 CFR part 60,
subpart RRR for process changes and recalculation of the TRE index value
and the associated recordkeeping and reporting; and
(C) The control requirements in Sec. 60.702 of 40 CFR part 60,
subpart RRR. The owner or operator may elect to comply with either the
associated testing, monitoring, reporting, and recordkeeping
requirements of 40 CFR part 60, subpart RRR or with the testing,
monitoring, reporting, and recordkeeping requirements specified in this
subpart for Group 1 process vents. The owner or operator shall indicate
this decision in either the Notification of Compliance Status specified
in Sec. 63.152(b) of this subpart or in an operating permit application
or amendment.
(ii) If the Group 2 process vent has a TRE value greater than or
equal to 1 as determined by the procedures in 40 CFR part 60, subpart
RRR, the process vent is required to comply only with the provisions
specified in paragraphs (d)(8)(ii)(A) through (d)(8)(ii)(D) of this
section.
(A) The provisions in both this subpart and in 40 CFR part 60,
subpart RRR for applicability determination and the associated
recordkeeping and reporting;
(B) The provisions in both this subpart and in 40 CFR part 60,
subpart RRR for process changes and recalculation of the