[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[From the U.S. Government Publishing Office]
40
Protection of Environment
[[Page i]]
PARTS 63 TO 71
Revised as of July 1, 1997
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1997
With Ancillaries
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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As of July 1, 1997
Title 40, Parts 61 to 71
Revised as of July 1, 1996
Is Replaced by Two Volumes
Title 40, Parts 61 to 62
and
Title 40, Parts 63 to 71
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1997
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency (Continued).... 3
Finding Aids:
Material Approved for Incorporation by Reference.......... 1289
Table of CFR Titles and Chapters.......................... 1291
Alphabetical List of Agencies Appearing in the CFR........ 1307
Table of OMB Control Numbers.............................. 1317
List of CFR Sections Affected............................. 1337
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in this volume use title, part
and section number. Thus, 40 CFR 63.1 refers to title
40, part 63, section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
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evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
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Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
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inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408.
SALES
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 1997.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of twenty-two
volumes. The parts in these volumes are arranged in the following order:
parts 1-49, parts 50-51, parts 52.01-52.1018, part 52.1019-end, parts
53-59, part 60, parts 61-62, parts 63-71, parts 72-80, parts 81-85, part
86, parts 87-135, parts 136-149, parts 150-189, parts 190-259, parts
260-265, parts 266-299, parts 300-399, parts 400-424, parts 425-699,
parts 700-789, and part 790 to end. The contents of these volumes
represent all current regulations codified under this title of the CFR
as of July 1, 1997.
Chapter I--Environmental Protection Agency appears in all twenty-two
volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts
150-189. A Toxic Substances Chemical--CAS Number Index appears in parts
700-789 and part 790 to end. Redesignation Tables appear in the volumes
containing parts 50-51, parts 150-189, and parts 700-789. Regulations
issued by the Council on Environmental Quality appear in the volume
containing part 790 to end.
The OMB control numbers for title 40 appear in Sec. 9.1 of this
chapter. For the convenience of the user, Sec. 9.1 appears in the
Finding Aids section of the volumes containing parts 50 to the end.
For this volume, Ruth Reedy Green was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 63-71)
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Part
[[Page 3]]
Chapter i--Environmental Protection Agency (Continued)...... 63
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
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SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
63 National emission standards for hazardous
air pollutants for source categories.... 5
66 Assessment and collection of noncompliance
penalties by EPA........................ 1128
67 EPA approval of State noncompliance penalty
program................................. 1142
68 Chemical accident prevention provisions..... 1148
69 Special exemptions from requirements of the
Clean Air Act........................... 1183
70 State operating permit programs............. 1194
71 Federal operating permit programs........... 1232
Editorial Note: Subchapter C--Air Programs is continued in the volumes
containing 40 CFR parts 72-80, 81-85, 86, and 87-135, 136-149.
[[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 Construction and reconstruction.
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 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.
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 Secs. 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 emission units.
63.55 Maximum achievable control technology (MACT) determinations for
emission units 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 a subsequent MACT
standard.
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.
63.61-63.69 [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 common to all approval options.
63.92 Approval of a State rule that adjusts a section 112 rule.
63.93 Approval of State authorities that substitute for a section 112
rule.
63.94 Approval of a State program that substitutes for section 112
emission standards.
63.95 Additional approval criteria for accidental release prevention
programs.
63.96 Review and withdrawal of approval.
63.97-63.98 [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.
[[Page 6]]
63.105 Maintenance wastewater requirements.
63.106 Delegation of authority.
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.
Appendix to Subpart G--Tables and Figures
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.
[[Page 7]]
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.
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
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 Delegation of authority.
Subparts J-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 Delegation of authority.
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.
63.325 Determination of equivalent emission control technology.
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.
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.
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.
[[Page 8]]
63.406 Recordkeeping and reporting requirements.
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 [Reserved]
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.
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.
63.481 Compliance schedule and relationship 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 requirements
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 limitations.
63.495 Back-end process provisions--procedures to determine compliance
using stripping technology.
63.496 Back-end process provisions--procedures to determine compliance
using control or recovery devices.
63.497 Back-end process provisions--monitoring provisions for control
and recovery devices.
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 provisions.
63.503 Emissions averaging provisions.
63.504 Additional test methods and procedures.
63.505 Parameter monitoring levels and excursions.
63.506 General recordkeeping and reporting provisions.
Table 1 to Subpart U--Applicability of General Provisions to Subpart U
Affected Sources
Table 2 to Subpart U--Applicability of Subparts F, G, and H 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 Elastomer Products
Table 6 to Subpart U--Group 1 Batch Front-End Process Vents--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
[[Page 9]]
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.
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.
Subpart Y--National Emission Standards for Marine Tank Vessel Loading
Operations
63.560 Applicability and designation of affected source.
63.561 Definitions.
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.
Subparts Z-BB [Reserved]
Subpart CC--National Emission Standards for Hazardous Air Pollutants
From Petroleum Refineries
63.640 Applicability and designation of affected source.
63.641 Definitions.
63.642 General standards.
63.643 Miscellaneous process vent provisions.
63.644 Monitoring provisions for miscellaneous process vents.
63.645 Test methods and procedures for miscellaneous process vents.
63.646 Storage vessel provisions.
63.647 Wastewater provisions.
63.648 Equipment leak standards.
63.649 Alternative means of emission limitation: Connectors in gas/
vapor service and light liquid service.
63.650 Gasoline loading rack provisions.
63.651 Marine tank vessel loading operation provisions.
63.652 Emissions averaging provisions.
63.653 Monitoring, recordkeeping, and implementation plan for emissions
averaging.
63.654 Reporting and recordkeeping requirements.
63.655-63.679 [Reserved]
Appendix to Subpart CC to Part 63--Tables
Subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations
63.680 Applicability and designation of affected sources.
63.681 Definitions.
63.682 [Reserved]
63.683 Standards: General.
63.684 Standards: Off-site material treatment.
63.685 Standards: Tanks.
63.686 Standards: Oil-water and organic-water separators.
63.687 Standards: Surface impoundments.
63.688 Standards: Containers.
63.689 Standards: Transfer systems..
63.690 Standards: Process vents.
63.691 Standards: Equipment leaks.
63.692 [Reserved]
63.693 Standards: Closed-vent systems and control devices.
63.694 Testing methods and procedures.
63.695 Inspection and monitoring requirements.
63.696 Recordkeeping requirements.
63.697 Reporting requirements.
63.698 Delegation of authority.
Table 1 to Subpart DD--List of Hazardous Air Pollutants (HAP) for
Subpart DD
Table 2 to Subpart DD--Applicability of Paragraphs in 40 CFR 63 Subpart
A, General Provisions, to Subpart DD
Table 3 to Subpart DD--Tank Control Levels for Tanks at Existing
Affected Sources as Required by 40 CFR 63.685(b)(1)
Table 4 to Subpart DD--Tank Control Levels for Tanks at New Affected
Sources as Required by 40 CFR 63.685(b)(2)
[[Page 10]]
Subpart EE--National Emission Standards for Magnetic Tape Manufacturing
Operations
63.701 Applicability.
63.702 Definitions.
63.703 Standards.
63.704 Compliance and monitoring requirements.
63.705 Performance test methods and procedures to determine initial
compliance.
63.706 Recordkeeping requirements.
63.707 Reporting requirements.
63.708 Delegation of authority.
Table 1 to Subpart EE--Applicability of General Provisions to Subpart EE
Subpart FF [Reserved]
Subpart GG--National Emission Standards for Aerospace Manufacturing and
Rework Facilities
63.741 Applicability and designation of affected sources.
63.742 Definitions.
63.743 Standards: General.
63.744 Standards: Cleaning operations.
63.745 Standards: Primer and topcoat application operations.
63.746 Standards: Depainting operations.
63.747 Standards: Chemical milling maskant application operations.
63.748 Standards: Handling and storage of waste.
63.749 Compliance dates and determinations.
63.750 Test methods and procedures.
63.751 Monitoring requirements.
63.752 Recordkeeping requirements.
63.753 Reporting requirements.
63.754-63.759 [Reserved]
Subpart HH [Reserved]
Subpart II--National Emission Standards for Shipbuilding and Ship Repair
(Surface Coating)
63.780 Relationship of subpart II to subpart A of this part.
63.781 Applicability.
63.782 Definitions.
63.783 Standards.
63.784 Compliance dates.
63.785 Compliance procedures.
63.786 Test methods and procedures.
63.787 Notification requirements.
63.788 Recordkeeping and reporting requirements.
Table 1 to Subpart II of Part 63--General Provisions of Applicability to
Subpart II
Table 2 to Subpart II of Part 63--Volatile Organic HAP (VOHAP) Limits
for Marine Coatings
Table 3 to Subpart II of Part 63--Summary of Recordkeeping and Reporting
Requirements
Appendix A to Subpart II of Part 63--VOC Data Sheet
Appendix B to Subpart II of Part 63--Maximum Allowable Thinning Rates As
A Function Of As Supplied VOC Content And Thinner Density
Subpart JJ--National Emission Standards for Wood Furniture Manufacturing
Operations
63.800 Applicability.
63.801 Definitions.
63.802 Emission limits.
63.803 Work practice standards.
63.804 Compliance procedures and monitoring requirements.
63.805 Performance test methods.
63.806 Recordkeeping requirements.
63.807 Reporting requirements.
63.808 Delegation of authority.
63.809-63.819 [Reserved]
Tables to Subpart JJ to Part 63
Subpart KK--National Emission Standards for the Printing and Publishing
Industry
63.820 Applicability.
63.821 Designation of affected sources.
63.822 Definitions.
63.823 Standards: General.
63.824 Standards: Publication rotogravure printing.
63.825 Standards: Product and packaging rotogravure and wide-web
flexographic printing.
63.826 Compliance dates.
63.827 Performance test methods.
63.828 Monitoring requirements.
63.829 Recordkeeping requirements.
63.830 Reporting requirements.
63.831 Delegation of authority.
63.832--63.839 [Reserved]
Table 1 to Subpart KK to Part 63--Applicability of General Provisions to
Subpart KK
Appendix A to Subpart KK to Part 63--Data Quality Objective and Lower
Confidence Limit Approaches for Alternative Capture Efficiency
Protocols and Test Methods
Subparts LL-NN [Reserved]
Subpart OO--National Emission Standards for Tanks--Level 1
63.900 Applicability.
63.901 Definitions.
63.902 Standards--Tank fixed roof.
63.903-63.904 [Reserved]
[[Page 11]]
63.905 Test methods and procedures.
63.906 Inspection and monitoring requirements.
63.907 Recordkeeping requirements.
Subpart PP--National Emission Standards for Containers
63.920 Applicability.
63.921 Definitions.
63.922 Standards--Container Level 1 controls.
63.923 Standards--Container Level 2 controls.
63.924 Standards--Container Level 3 controls.
63.925 Test methods and procedures.
63.926 Inspection and monitoring requirements.
63.927 Recordkeeping requirements.
63.928 Reporting requirements.
Subpart QQ--National Emission Standards for Surface Impoundments
63.940 Applicability.
63.941 Definitions.
63.942 Standards--Surface impoundment floating membrane cover.
63.943 Standards--Surface impoundment vented to control device.
63.944 [Reserved]
63.945 Test methods and procedures.
63.946 Inspection and monitoring requirements.
63.947 Recordkeeping requirements.
63.948 Reporting requirements.
Subpart RR--National Emission Standards for Individual Drain Systems
63.960 Applicability.
63.961 Definitions.
63.962 Standards.
63.963 [Reserved]
63.964 Inspection and monitoring requirements.
63.965 Recordkeeping requirements.
63.966 Reporting requirements.
Subparts SS-UU [Reserved]
Subpart VV--National Emission Standards for Oil-Water Separators and
Organic-Water Separators
63.1040 Applicability.
63.1041 Definitions.
63.1042 Standards--Separator fixed roof.
63.1043 Standards--Separator floating roof.
63.1044 Standards--Separator vented to control device.
63.1045 [Reserved]
63.1046 Test methods and procedures.
63.1047 Inspection and monitoring requirements.
63.1048 Recordkeeping requirements.
63.1049 Reporting requirements.
Subparts WW-III [Reserved]
Subpart JJJ--National Emission Standards for Hazardous Air Pollutant
Emissions: Group IV Polymers and Resins
63.1310 Applicability and designation of affected sources.
63.1311 Compliance schedule and relationship to existing applicable
rules.
63.1312 Definitions.
63.1313 Emission standards.
63.1314 Storage vessel provisions.
63.1315 Continuous process vents provisions.
63.1316 PET and polystyrene continuous process affected sources--
emissions control provisions.
63.1317 PET and polystyrene continuous process affected sources--
monitoring provisions.
63.1318 PET and polystyrene continuous process affected sources--
testing and compliance demonstration provisions.
63.1319 PET and polystyrene continuous process affected sources--
recordkeeping provisions.
63.1320 PET and polystyrene continuous process affected sources--
reporting provisions.
63.1321 Batch process vents provisions.
63.1322 Batch process vents--reference control technology.
63.1323 Batch process vents--methods and procedures for group
determination.
63.1324 Batch process vents--monitoring provisions.
63.1325 Batch process vents--performance test methods and procedures to
determine compliance.
63.1326 Batch process vents--recordkeeping provisions.
63.1327 Batch process vents--reporting provisions.
63.1328 Heat exchange systems provisions.
63.1329 Process contact cooling towers provisions.
63.1330 Wastewater provisions.
63.1331 Equipment leak provisions.
63.1332 Emissions averaging provisions.
63.1333 Additional test methods and procedures.
63.1334 Parameter monitoring levels and excursions.
63.1335 General recordkeeping and reporting provisions.
Table 1 to Subpart JJJ--Applicability of General Provisions to Subpart
JJJ Affected Sources
Table 2 to Subpart JJJ--Group 1 Storage Vessels at Existing Affected
Sources
Table 3 to Subpart JJJ--Group 1 Storage Vessels at Existing Affected
Sources Producing the Listed Thermoplastics
[[Page 12]]
Table 4 to Subpart JJJ--Group 1 Storage Vessels at New Affected Sources
Table 5 to Subpart JJJ--Group 1 Storage Vessels at New Affected Sources
Producing the Listed Thermoplastics
Table 6 to Subpart JJJ--Known Organic Hazardous Air Pollutants From
Thermoplastics Products
Table 7 to Subpart JJJ--Group 1 Batch Process Vents--Monitoring,
Recordkeeping, and Reporting Requirements
Table 8 to Subpart JJJ--Operating Parameters for Which Levels are
Required to be Established for Continuous and Batch Process
Vents and Aggregate Batch Vent Streams
Appendix A to Part 63--Test Methods
Appendix B to Part 63--Sources Defined for Early Reduction Provisions
Appendix C to Part 63--Determination of the Fraction Biodegraded
(Fbio) in a Biological Treatment Unit
Appendix D to Part 63--Alternative Validation Procedure for EPA Waste
and Wastewater Methods
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 (including those requirements in part 60 of
this chapter), or a standard issued under State authority.
(4) The provisions of this subpart (i.e., subpart A of this part)
apply to owners or operators who are subject to subsequent subparts of
this part, except when otherwise specified in a particular subpart or in
a relevant standard. The general provisions in subpart A eliminate the
repetition of requirements applicable to all owners or operators
affected by this part. The general provisions in 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) Subpart D of this part contains regulations that address
procedures for an owner or operator to obtain an extension of compliance
with a relevant standard through an early reduction of emissions of
hazardous air pollutants pursuant to section 112(i)(5) of the Act.
(8) Subpart E of this part contains regulations that provide for the
establishment of procedures consistent with section 112(l) of the Act
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
[[Page 13]]
granted through a section 112(l) approval.
(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 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).
(13) Special provisions set forth under an applicable subpart of
this part or in a relevant standard established under this part shall
supersede any conflicting provisions of this subpart.
(14) Any standards, limitations, prohibitions, or other federally
enforceable requirements established pursuant to procedural regulations
in this part [including, but not limited to, equivalent emission
limitations established pursuant to section 112(g) of the Act] shall
have the force and effect of requirements promulgated in this part and
shall be subject to the provisions of this subpart, except when
explicitly specified otherwise.
(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) In addition to complying with the provisions of this part, the
owner or operator of any such source may be required to obtain an
operating permit issued to stationary sources by an authorized State air
pollution control agency or by the Administrator of the U.S.
Environmental Protection Agency (EPA) pursuant to title V of the Act (42
U.S.C. 7661). For more information about obtaining an operating permit,
see part 70 of this chapter.
(3) An owner or operator of a stationary source that emits (or has
the potential to emit, without considering controls) one or more
hazardous air pollutants who determines that the source is not subject
to a relevant standard or other requirement established under this part,
shall keep a record of the applicability determination as specified in
Sec. 63.10(b)(3) of this subpart.
(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 shall
comply with the provisions of this subpart and the provisions of that
standard, except as specified otherwise in this subpart or that
standard.
(2) 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 the permitting authority in the State in which the
source is located. Emission standards promulgated in
[[Page 14]]
this part for area sources 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) Area sources affected by that emission standard are
immediately subject to the requirement to apply for and obtain a title V
permit in all States. If a standard fails to specify what the permitting
requirements will be for area sources affected by that standard, then
area sources that are subject to the standard will be subject to the
requirement to obtain a title V permit without deferral. If the owner or
operator is required to obtain a title V permit, he or she shall apply
for such permit in accordance with part 70 of this chapter and
applicable State regulations, or in accordance with the regulations
contained in this chapter to implement the Federal title V permit
program (42 U.S.C. 7661), whichever regulations are applicable.
(3) [Reserved]
(4) If the owner or operator of an existing source obtains an
extension of compliance for such source in accordance with the
provisions of subpart D of this part, the owner or operator shall comply
with all requirements of this subpart except those requirements that are
specifically overridden in the extension of compliance for that source.
(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) Applicability of permit program before a relevant standard has
been set under this part. After the effective date of an approved permit
program in the State in which a stationary source is (or would be)
located, the owner or operator of such source may be required to obtain
a title V permit from the permitting authority in that State (or revise
such a permit if one has already been issued to the source) before a
relevant standard is established under this part. If the owner or
operator is required to obtain (or revise) a title V permit, he/she
shall apply to obtain (or revise) such permit in accordance with the
regulations contained in part 70 of this chapter and applicable State
regulations, or the regulations codified in this chapter to implement
the Federal title V permit program (42 U.S.C. 7661), whichever
regulations are applicable.
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 stationary
source, the group of stationary sources, or the portion of a stationary
source that is regulated by a relevant standard or other requirement
established pursuant to section 112 of the Act. Each relevant standard
will define the ``affected source'' for the purposes of that standard.
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. Sources regulated under part 60
or part 61 of this chapter are not affected sources for the purposes of
part 63.
[[Page 15]]
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 a
stationary 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 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 plan means a plan that contains all of the following:
(1) A description of the compliance status of the affected source
with respect to all applicable requirements established under this part;
(2) A description as follows: (i) For applicable requirements for
which the source is in compliance, a statement that the source will
continue to comply with such requirements;
(ii) For applicable requirements that the source is required to
comply with by a future date, a statement that the source will meet such
requirements on a timely basis;
(iii) For applicable requirements for which the source is not in
compliance, a narrative description of how the source will achieve
compliance with such requirements on a timely basis;
(3) A compliance schedule, as defined in this section; and
(4) A schedule for the submission of certified progress reports no
less frequently than every 6 months for affected sources required to
have a schedule of compliance to remedy a violation.
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
[[Page 16]]
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.
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. The effective date of a permit program
established under title V of the Act (42 U.S.C. 7661) is determined
according to the regulations in this chapter establishing such programs.
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 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 the maximum achievable control
technology emission limitation (MACT emission limitation) for hazardous
air pollutants that the Administrator (or a State with an approved
permit program) determines on a case-by-case basis, pursuant to section
112(g) or section 112(j) of the Act, to be equivalent to the emission
standard that would apply to an affected source if such standard had
been promulgated by the Administrator under this part pursuant to
section 112(d) or section 112(h) 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
[[Page 17]]
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
issued pursuant to a program approved by the EPA into a SIP as meeting
the EPA's minimum criteria for Federal enforceability, including
adequate notice and opportunity for EPA and public comment prior to
issuance of the final permit and practicable enforceability;
(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.
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.
Lesser quantity means a quantity of a hazardous air pollutant that
is or may be emitted by a stationary source that the Administrator
establishes in order to define a major source under an applicable
subpart of this part.
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 equipment, process
equipment, or a process to operate in a normal or usual manner. Failures
that are caused in part by poor maintenance or careless operation are
not malfunctions.
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.
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.
[[Page 18]]
Owner or operator means any person who owns, leases, operates,
controls, or supervises a stationary source.
Part 70 permit means any permit issued, renewed, or revised pursuant
to part 70 of this chapter.
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, 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).
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 means the replacement of components of an affected or
a previously unaffected stationary 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 stationary source, the group
of stationary sources, or the portion of a stationary source 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
[[Page 19]]
to section 112 of the Act includes subpart A of this part 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 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 for
any purpose.
Six-minute period means, with respect to opacity determinations, any
one of the 10 equal parts of a 1-hour period.
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 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.
Sec. 63.3 Units and abbreviations.
Used in this part are abbreviations and symbols of units of measure.
These are defined as follows:
(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
[[Page 20]]
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
g = microgram = 10-6 gram
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. H2O = 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
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
Sec. 63.4 Prohibited activities and circumvention.
(a) Prohibited activities. (1) No owner or operator subject to the
provisions of this part shall operate any affected source in violation
of the requirements of this part except under--
(i) An extension of compliance granted by the Administrator under
this part; or
(ii) An extension of compliance granted under this part by a State
with an approved permit program; or
(iii) An exemption from compliance granted 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) After the effective date of an approved permit program in a
State, no owner or operator of an affected source in that State who is
required under this part to obtain a title V permit shall operate such
source except in compliance with the provisions of this part and the
applicable requirements of the permit program in that State.
(4) [Reserved]
(5) An owner or operator of an affected source who is subject to an
emission standard promulgated under this part shall comply with the
requirements of that standard by the date(s) established in the
applicable subpart(s) of this part (including this subpart) regardless
of whether--
[[Page 21]]
(i) A title V permit has been issued to that source; or
(ii) If a title V permit has been issued to that source, whether
such permit has been revised or modified to incorporate the emission
standard.
(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 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
(3) The fragmentation of an operation such that the operation avoids
regulation by a relevant standard.
(c) Severability. Notwithstanding any requirement incorporated into
a title V permit obtained by an owner or operator subject to the
provisions of this part, the provisions of this part are federally
enforceable.
Sec. 63.5 Construction and reconstruction.
(a) Applicability. (1) This section implements the preconstruction
review requirements of section 112(i)(1) for sources subject to a
relevant emission standard that has been promulgated in this part. In
addition, this section includes other requirements for constructed and
reconstructed stationary sources that are or become subject to a
relevant promulgated emission standard.
(2) After the effective date of a relevant standard promulgated
under this part, the requirements in this section apply to owners or
operators who construct a new source or reconstruct a source after the
proposal date of that standard. New or reconstructed sources that start
up before the standard's effective date are not subject to the
preconstruction review requirements specified in paragraphs (b)(3), (d),
and (e) of this section.
(b) Requirements for existing, newly constructed, and reconstructed
sources. (1) Upon construction an affected source is subject to relevant
standards for new sources, including compliance dates. Upon
reconstruction, 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.
(2) [Reserved]
(3) After the effective date of any relevant standard promulgated by
the Administrator under this part, whether or not an approved permit
program is effective in the State in which an affected source is (or
would be) located, no person may construct a new major affected source
or reconstruct a major affected source subject to such standard, or
reconstruct a major source such that the source becomes a major affected
source subject to the standard, without obtaining written approval, in
advance, from the Administrator in accordance with the procedures
specified in paragraphs (d) and (e) of this section.
(4) After the effective date of any relevant standard promulgated by
the Administrator under this part, whether or not an approved permit
program is effective in the State in which an affected source is (or
would be) located, no person may construct a new affected source or
reconstruct an affected source subject to such standard, or reconstruct
a source such that the source becomes an affected source subject to the
standard, without notifying the Administrator of the intended
construction or reconstruction. The notification shall be submitted in
accordance with the procedures in Sec. 63.9(b) and shall include all the
information required for an application for approval of construction or
reconstruction as specified in paragraph (d) of this section. For major
sources, the application for approval of construction or reconstruction
may be used to fulfill the notification requirements of this paragraph.
(5) After the effective date of any relevant standard promulgated by
the Administrator under this part, whether or
[[Page 22]]
not an approved permit program is effective in the State in which an
affected source is located, no person may operate such source without
complying with the provisions of this subpart and the relevant standard
unless that person has received an extension of compliance or an
exemption from compliance under Sec. 63.6(i) or Sec. 63.6(j) of this
subpart.
(6) After the effective date of any relevant standard promulgated by
the Administrator under this part, whether or not an approved permit
program is effective in the State in which an affected source is
located, 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 shall be considered part of the affected source and
subject to all provisions of the relevant standard established for that
affected source. If a new affected source is added to the facility, the
new affected source shall be subject to all the provisions of the
relevant standard that are established for new sources including
compliance dates.
(c) [Reserved]
(d) Application for approval of construction or reconstruction. The
provisions of this paragraph implement section 112(i)(1) of the Act.
(1) General application requirements. (i) An owner or operator who
is subject to the requirements of paragraph (b)(3) of this section shall
submit to the Administrator an application for approval of the
construction of a new major affected source, the reconstruction of a
major affected source, or the reconstruction of a major source such that
the source becomes a major affected source subject to the standard. The
application shall be submitted as soon as practicable before the
construction or reconstruction is planned to commence (but no sooner
than the effective date of the relevant standard) if the construction or
reconstruction commences after the effective date of a relevant standard
promulgated in this part. The application shall be submitted as soon as
practicable before startup but no later than 60 days after the effective
date of a relevant standard promulgated in this part if the construction
or reconstruction had commenced and initial startup had not occurred
before the standard's effective date. The application for approval of
construction or reconstruction may be used to fulfill the initial
notification requirements of Sec. 63.9(b)(5) of this subpart. The owner
or operator may submit the application for approval well in advance of
the date construction or reconstruction is planned to commence in order
to ensure a timely review by the Administrator and that the planned
commencement date 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;
(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 commencement date of the construction or
reconstruction;
(F) The expected completion date of the construction or
reconstruction;
(G) The anticipated date of (initial) startup of the source;
(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
[[Page 23]]
(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 shall 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 point of emission for each hazardous air pollutant that is emitted
(or could 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
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. An owner or operator who submits approximations of control
efficiencies under this subparagraph shall submit the actual control
efficiencies as specified in paragraph (d)(1)(iii) of this section.
(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--
(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 subparagraphs (d)(3) (iii) through (v) of this section,
above.
(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.
[[Page 24]]
(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.
(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) The Administrator may 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 or reconstructed
source who is subject to such requirement demonstrates to the
Administrator's satisfaction that the following conditions have been (or
will be) met:
(i) The owner or operator of the new or reconstructed source has
undergone a preconstruction review and approval process in the State in
which the source is (or would be) located before the promulgation date
of the relevant standard and has received a federally enforceable
construction permit that contains a finding that the source will meet
the relevant emission standard as proposed, if the source is properly
built and operated;
(ii) In making its finding, the State has considered factors
substantially
[[Page 25]]
equivalent to those specified in paragraph (e)(1) of this section; and
either
(iii) The promulgated standard is no more stringent than the
proposed standard in any relevant aspect that would affect the
Administrator's decision to approve or disapprove an application for
approval of construction or reconstruction under this section; or
(iv) The promulgated standard is more stringent than the proposed
standard but the owner or operator will comply with the standard as
proposed during the 3-year period immediately following the effective
date of the standard as allowed for in Sec. 63.6(b)(3) of this subpart.
(2) The owner or operator shall submit to the Administrator the
request for approval of construction or reconstruction under this
paragraph no later than the application deadline specified in paragraph
(d)(1) of this section (see also Sec. 63.9(b)(2) of this subpart). The
owner or operator shall 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.
Sec. 63.6 Compliance with standards and maintenance requirements.
(a) Applicability. (1) The requirements in this section apply to
owners or operators of affected sources for which any relevant standard
has been established pursuant to section 112 of the Act 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 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 (b)(4) of this section, the owner
or operator of a new or reconstructed source that has an initial startup
before the effective date of a relevant standard established under this
part pursuant to section 112(d), 112(f), or 112(h) of the Act shall
comply with such standard not later than the standard's effective date.
(2) Except as specified in paragraphs (b)(3) and (b)(4) of this
section, the owner or operator of a new or reconstructed source that has
an initial startup after the effective date of a relevant standard
established under this part pursuant to section 112(d), 112(f), or
112(h) of the Act shall 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; 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 comply with the emission standard under section
112(f) not later than the date 10 years after the date construction or
reconstruction is commenced, except that, if
[[Page 26]]
the section 112(f) standard is promulgated more than 10 years after
construction or reconstruction is commenced, the owner or operator shall
comply with the standard as provided in paragraphs (b)(1) and (b)(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 paragraph (b)(4) of this
section shall notify the Administrator in accordance with Sec. 63.9(d)
of this subpart.
(6) [Reserved]
(7) After the effective date of an emission standard promulgated
under this part, the owner or operator of an unaffected new area source
(i.e., an area source for which construction or reconstruction was
commenced after the proposal date of the standard) that increases its
emissions of (or its potential to emit) hazardous air pollutants such
that the source becomes a major source that is subject to the emission
standard, shall comply with the relevant emission standard immediately
upon becoming a major source. This compliance date shall apply to new
area sources that become affected major sources regardless of whether
the new area source previously was affected by that standard. The new
affected major source shall comply with all requirements of that
standard that affect new sources.
(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) After the effective date of a relevant standard established
under this part pursuant to section 112(f) of the Act, the owner or
operator of an existing source shall comply with such standard not later
than 90 days after the standard's effective date unless the
Administrator has granted an extension to the source under paragraph
(i)(4)(ii) of this section.
(3)-(4) [Reserved]
(5) After the effective date of an emission standard promulgated
under this part, the owner or operator of an unaffected existing area
source that increases its emissions of (or its potential to emit)
hazardous air pollutants such that the source becomes a major source
that is subject to the emission standard shall comply by the date
specified in the standard for existing area sources that become major
sources. If no such compliance date is specified in the standard, the
source shall have a period of time to comply with the relevant emission
standard that is equivalent to the compliance period specified in that
standard for other existing sources. This compliance period shall apply
to existing area sources that become affected major sources regardless
of whether the existing area source previously was affected by that
standard. Notwithstanding the previous two sentences, however, if the
existing area source becomes a major source by the addition of a new
affected source or by reconstructing, the portion of the existing
facility that is a new affected source or a reconstructed source shall
comply with all requirements of that standard that affect new sources,
including the compliance date for new sources.
(d) [Reserved]
(e) Operation and maintenance requirements. (1)(i) At all times,
including periods of startup, shutdown, and malfunction, owners or
operators shall operate and maintain any affected source, including
associated air pollution control equipment, in a manner consistent with
good air pollution control practices for minimizing emissions at least
to the levels required by all relevant standards.
(ii) Malfunctions shall be corrected as soon as practicable after
their occurrence in accordance with the startup, shutdown, and
malfunction plan required in paragraph (e)(3) of this section.
(iii) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable independent of emissions
limitations
[[Page 27]]
or other requirements in relevant standards.
(2) Determination of whether acceptable 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.
(3) Startup, shutdown, and malfunction plan. (i) The owner or
operator of an affected source shall develop and implement 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 and air pollution control equipment used to
comply with the relevant standard. As required under Sec. 63.8(c)(1)(i),
the plan shall identify all routine or otherwise predictable CMS
malfunctions. This plan shall be developed by the owner or operator by
the source's compliance date for that relevant standard. The plan shall
be incorporated by reference into the source's title V permit. The
purpose of the startup, shutdown, and malfunction plan is to--
(A) Ensure that, at all times, owners or operators operate and
maintain affected sources, including associated air pollution control
equipment, in a manner consistent with good air pollution control
practices for minimizing emissions at least to the levels required by
all relevant standards;
(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
(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) During periods of startup, shutdown, and malfunction, the owner
or operator of an affected source shall operate and maintain such source
(including associated air pollution control equipment) in accordance
with the procedures specified in the startup, shutdown, and malfunction
plan developed under paragraph (e)(3)(i) of this section.
(iii) When actions taken by the owner or operator during a startup,
shutdown, 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 shall keep records for that event that 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 for that event. In addition, the owner or operator shall keep
records of these events as specified in Sec. 63.10(b) (and elsewhere in
this part), including records of the occurrence and duration of each
startup, shutdown, or malfunction of operation and each malfunction of
the air pollution control 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, the owner or
operator shall record the actions taken for that event and shall 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 (see Sec. 63.10(d)(5)(ii))).
[[Page 28]]
(v) The owner or operator shall keep the written startup, shutdown,
and malfunction plan on record after it is developed to be made
available for inspection, upon request, by the Administrator for the
life of the affected source or until the affected source is no longer
subject to the provisions of this part. In addition, if the startup,
shutdown, and malfunction plan is revised, the owner or operator shall
keep previous (i.e., superseded) versions of the startup, shutdown, and
malfunction 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.
(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 when requested by the
Administrator.
(vii) Based on the results of a determination made under paragraph
(e)(2) 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 may require
reasonable 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 equipment) during a startup, shutdown,
or malfunction event in a manner consistent with good air pollution
control practices for minimizing emissions at least to the levels
required by all relevant standards; or
(C) Does not provide adequate procedures for correcting
malfunctioning process and/or air pollution control equipment as quickly
as practicable.
(viii) 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 shall 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 equipment.
(f) Compliance with nonopacity emission standards--(1)
Applicability. The nonopacity emission standards set 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.
(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
[[Page 29]]
(D) The performance test was appropriately quality-assured, as
specified in Sec. 63.7(c) of this subpart.
(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 nonopacity emission
standard, as specified in paragraphs (f)(1) and (f)(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 any
information available to the Administrator needed to determine whether
proper operation and maintenance practices are being used.
(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 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 shall apply at all times except during periods of startup,
shutdown, and malfunction, and as otherwise specified in an applicable
subpart.
(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
[[Page 30]]
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) of this subpart; 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 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
[[Page 31]]
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 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.
[[Page 32]]
(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.
(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
[[Page 33]]
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 shall be submitted in writing to the
appropriate authority not later than 12 months before the affected
source's compliance date (as specified in paragraphs (b) and (c) of this
section) for sources that are not including emission points in an
emissions average, or not later than 18 months before the affected
source's compliance date (as specified in paragraphs (b) and (c) of this
section) for sources that are including emission points in an emissions
average. 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, e.g., a compliance date specified by the
standard is less than 12 (or 18) months after the standard's effective
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 shall be submitted in
writing to the Administrator not later than 15 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 contracts for emission control systems or
process changes for emission control will be awarded, or the date by
which orders
[[Page 34]]
will be issued for the purchase of component parts to accomplish
emission control or process changes;
(2) The date by which on-site construction, installation of emission
control equipment, or a process change is to be initiated;
(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) A description of interim emission control steps that will be
taken during the extension period, including milestones to assure proper
operation and maintenance of emission control and process equipment; and
(D) Whether the owner or operator is also requesting an extension of
other applicable requirements (e.g., performance testing requirements).
(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.
(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 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 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.
[[Page 35]]
(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 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 paragraphs (i)(10)(iii) or
(i)(10)(iv) of this section is not met.
(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
[[Page 36]]
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.
Sec. 63.7 Performance testing requirements.
(a) Applicability and performance test dates. (1) Unless otherwise
specified, this section applies to the owner or operator of an affected
source required to do performance testing, or another form of compliance
demonstration, under a relevant standard.
(2) 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 shall perform such
tests as follows--
(i) Within 180 days after the effective date of a relevant standard
for a new source that has an initial startup date before the effective
date; or
(ii) Within 180 days after initial startup for a new source that has
an initial startup date after the effective date of a relevant standard;
or
(iii) Within 180 days after the compliance date specified in an
applicable subpart of this part for an existing source subject to an
emission standard established pursuant to section 112(d) of the Act, or
within 180 days after startup of an existing source if the source begins
operation after the effective date of the relevant emission standard; or
(iv) Within 180 days after the compliance date for an existing
source subject to an emission standard established pursuant to section
112(f) of the Act; or
(v) Within 180 days after the termination date of the source's
extension of compliance for an existing source that obtains an extension
of compliance under Sec. 63.6(i); or
(vi) Within 180 days after the compliance date for a new source,
subject to an emission standard established pursuant to section 112(f)
of the Act, 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 the relevant standard
established pursuant to section 112(f) [see Sec. 63.6(b)(4)]; or
(vii) [Reserved]; or
(viii) [Reserved]; or
(ix) 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.
(b) Notification of performance test. (1) 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, upon request, to review and approve the site-specific
test plan required under paragraph (c) of this section and to have an
observer present during the test. Observation of the performance test by
the Administrator is optional.
(2) In the event the owner or operator is unable to conduct the
performance
[[Page 37]]
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 shall notify the
Administrator within 5 days 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 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 external QA program shall include, at a minimum,
application of plans for a test method performance audit (PA) during the
performance test. The PA's consist of blind audit samples provided by
the Administrator and analyzed during the performance test in order to
provide a measure of test data bias. The external QA program may also
include 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.
(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 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, the owner or
operator shall 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
[[Page 38]]
alternative to any test method specified in the relevant standard, the
owner or operator shall refrain from conducting the performance test
until 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 until after the alternative
method is approved (see paragraph (f) of this section). If the
Administrator does not approve the site-specific test plan (if review is
requested) or the use of the alternative method within 30 days before
the test is scheduled to begin, the performance test dates specified in
paragraph (a) of this section may be extended such that the owner or
operator shall conduct the performance test within 60 calendar days
after the Administrator approves the site-specific test plan or after
use of the alternative method is approved. Notwithstanding the
requirements in the preceding two 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.
(4)(i) Performance test method audit program. The owner or operator
shall analyze performance audit (PA) samples during each performance
test. The owner or operator shall request performance audit materials 45
days prior to the test date. Cylinder audit gases may be obtained by
contacting the Cylinder Audit Coordinator, Quality Assurance Division
(MD-77B), Atmospheric Research and Exposure Assessment Laboratory
(AREAL), U.S. EPA, Research Triangle Park, North Carolina 27711. All
other audit materials may be obtained by contacting the Source Test
Audit Coordinator, Quality Assurance Division (MD-77B), AREAL, U.S. EPA,
Research Triangle Park, North Carolina 27711.
(ii) The Administrator will have sole discretion to require any
subsequent remedial actions of the owner or operator based on the PA
results.
(iii) If the Administrator fails to provide required PA materials to
an owner or operator of an affected source in time to analyze the PA
samples during a performance test, the requirement to conduct a PA under
this paragraph shall be waived for such source for that performance
test. Waiver under this paragraph of the requirement to conduct a PA for
a particular performance test does not constitute a waiver of the
requirement to conduct a PA for future required performance tests.
(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 39]]
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; or
(ii) Approves the use of an alternative test method, 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 and 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 permission
to use an alternative test method 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 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 not later than with the submittal of the site-
specific test plan (if requested by the Administrator) or at least 60
days before the performance test is scheduled to begin if a site-
specific test plan is not submitted;
(ii) Uses Method 301 in appendix A of this part to validate the
alternative test method; and
(iii) Submits the results of the Method 301 validation process along
with the notification 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 (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.
[[Page 40]]
(3) The Administrator will determine whether the owner or operator's
validation of the proposed alternative test method is adequate when the
Administrator approves or disapproves the site-specific test plan
required under paragraph (c) of this section. If the Administrator finds
reasonable grounds to dispute the results obtained by the Method 301
validation process, the Administrator may require the use of a test
method specified in a relevant standard.
(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 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,
[[Page 41]]
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.
Sec. 63.8 Monitoring requirements.
(a) Applicability. (1)(i) Unless otherwise specified in a relevant
standard, this section applies to the owner or operator of an affected
source required to do monitoring under that standard.
(ii) Relevant standards established under this part will specify
monitoring systems, methods, or procedures, monitoring frequency, and
other pertinent requirements for source(s) regulated by those standards.
This section specifies general monitoring requirements such as those
governing the conduct of monitoring and requests to use alternative
monitoring methods. In addition, this section specifies detailed
requirements that apply to affected sources required to use continuous
monitoring systems (CMS) under a relevant standard.
(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; or
(ii) Approves the use of alternatives to any monitoring requirements
or procedures.
(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 effluents from a single affected source, or from two
or more affected sources, are combined before being released to the
atmosphere, the owner or operator shall install an applicable CMS on
each effluent.
(ii) If the relevant standard is a mass emission standard and the
effluent from one affected source is released to the atmosphere through
more than one point, the owner or operator shall 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
[[Page 42]]
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 shall ensure the
immediate repair or replacement of CMS parts to correct ``routine'' or
otherwise predictable CMS malfunctions as defined in the source's
startup, shutdown, and malfunction plan required by Sec. 63.6(e)(3). The
owner or operator shall keep the necessary parts for routine repairs of
the affected equipment readily available. If the plan is followed and
the CMS repaired immediately, this action shall be reported in the
semiannual startup, shutdown, and malfunction report required under
Sec. 63.10(d)(5)(i).
(ii) For those malfunctions or other events that affect the CMS and
are not addressed by the startup, shutdown, and malfunction plan, the
owner or operator shall report actions that are not consistent with the
startup, shutdown, and malfunction plan within 24 hours after commencing
actions inconsistent with the plan. The owner or operator shall send a
follow-up report within 2 weeks after commencing actions inconsistent
with the plan that either certifies that corrections have been made or
includes a corrective action plan and schedule. The owner or operator
shall provide proof that repair parts have been ordered or any other
records that would indicate that the delay in making repairs is beyond
his or her control.
(iii) The Administrator's determination of whether acceptable
operation and maintenance procedures are being used will be based on
information that may include, but is not limited to, review of operation
and maintenance procedures, operation and maintenance records,
manufacturing recommendations and specifications, and inspection of the
CMS. Operation and maintenance procedures written by the CMS
manufacturer and other guidance also can be used to maintain and operate
each CMS.
(2) All CMS shall be installed such that representative measurements
of emissions or process parameters from the affected source are
obtained. In addition, CEMS shall be located according to procedures
contained in the applicable performance specification(s).
(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
[[Page 43]]
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 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 installed in accordance with the
provisions of this part and the applicable CMS performance
specification(s) shall 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 (e)(3)(ii) of this section. The zero (low-
level) and high-level calibration drifts shall 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 must 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 shall be cleaned
prior to performing the zero (low-level) and high-level drift
adjustments; the optical surfaces and instrumental surfaces shall be
cleaned when the cumulative automatic zero compensation, if applicable,
exceeds 4 percent opacity.
(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
protocol that describes procedures for each of the following operations:
(i) Initial and any subsequent calibration of the CMS;
[[Page 44]]
(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 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
[[Page 45]]
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' 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 method 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 and
the relevant standard.
(2) After receipt and consideration of written application, the
Administrator 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
[[Page 46]]
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 method. An owner or
operator who wishes to use an alternative monitoring method shall submit
an application to the Administrator as described in paragraph (f)(4)(ii)
of this section, below. The application may be submitted at any time
provided that the monitoring method is not used to demonstrate
compliance with a relevant standard or other requirement. If the
alternative monitoring method is to be used to demonstrate compliance
with a relevant standard, the application shall be submitted not later
than with the site-specific test plan required in Sec. 63.7(c) (if
requested) or with the site-specific performance evaluation plan (if
requested) or at least 60 days before the performance evaluation is
scheduled to begin.
(ii) The application shall contain a description of the proposed
alternative monitoring system and a performance evaluation test plan, if
required, as specified in paragraph (e)(3) of this section. In addition,
the application shall 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.
(5) Approval of request to use alternative monitoring method. (i)
The Administrator will notify the owner or 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. 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
[[Page 47]]
(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 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
[[Page 48]]
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 shall reduce the monitoring data as specified in this paragraph. In
addition, each relevant standard may contain additional requirements for
reducing monitoring data. When additional requirements are specified in
a relevant standard, the standard will identify any unnecessary or
duplicated requirements in this paragraph that the owner or operator
need not comply with.
(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
shall not be included in any data average computed under this part.
Sec. 63.9 Notification requirements.
(a) Applicability and general information. (1) The requirements in
this section apply to owners and operators of affected sources that are
subject to the provisions of this part, unless specified otherwise in a
relevant standard.
(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).
(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
[[Page 49]]
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, including its operating design capacity and an
identification of each point of emission for each hazardous air
pollutant, or if a definitive identification is not yet possible, a
preliminary identification of each point of emission for each hazardous
air pollutant; and
(v) A statement of whether the affected source is a major source or
an area source.
(3) The owner or operator of a new or reconstructed affected source,
or a source that has been reconstructed such that it is an affected
source, that has an initial startup after the effective date of a
relevant standard under this part and for which an application for
approval of construction or reconstruction is not required under
Sec. 63.5(d), shall notify the Administrator in writing that the source
is subject to the relevant standard no later than 120 days after initial
startup. The notification shall provide all the information required in
paragraphs (b)(2)(i) through (b)(2)(v) of this section, delivered or
postmarked with the notification required in paragraph (b)(5).
(4) The owner or operator of a new or reconstructed major affected
source that has an initial startup after the effective date of a
relevant standard under this part and for which an application for
approval of construction or reconstruction is required under
Sec. 63.5(d) shall provide the following information in writing to the
Administrator:
(i) A notification of intention to construct a new major affected
source, reconstruct a major affected source, or reconstruct a major
source such that the source becomes a major affected source with the
application for approval of construction or reconstruction as specified
in Sec. 63.5(d)(1)(i);
(ii) A notification of the date when construction or reconstruction
was commenced, submitted simultaneously with the application for
approval of construction or reconstruction, if construction or
reconstruction was commenced before the effective date of the relevant
standard;
(iii) A notification of the date when construction or reconstruction
was commenced, delivered or postmarked not later than 30 days after such
date, if construction or reconstruction was commenced after the
effective date of the relevant standard;
(iv) A notification of the anticipated date of startup of the
source, delivered or postmarked not more than 60 days nor less than 30
days before such date; and
(v) A notification of the actual date of startup of the source,
delivered or
[[Page 50]]
postmarked within 15 calendar days after that date.
(5) After the effective date of any relevant standard established by
the Administrator under this part, whether or not an approved permit
program is effective in the State in which an affected source is (or
would be) located, an owner or operator who intends to construct a new
affected source or reconstruct an affected source subject to such
standard, or reconstruct a source such that it becomes an affected
source subject to such standard, shall notify the Administrator, in
writing, of the intended construction or reconstruction. The
notification shall be submitted as soon as practicable before the
construction or reconstruction is planned to commence (but no sooner
than the effective date of the relevant standard) if the construction or
reconstruction commences after the effective date of a relevant standard
promulgated in this part. The notification shall be submitted as soon as
practicable before startup but no later than 60 days after the effective
date of a relevant standard promulgated in this part if the construction
or reconstruction had commenced and initial startup had not occurred
before the standard's effective date. The notification shall include all
the information required for an application for approval of construction
or reconstruction as specified in Sec. 63.5(d). For major sources, the
application for approval of construction or reconstruction may be used
to fulfill the requirements of this paragraph.
(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
[[Page 51]]
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 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) An analysis demonstrating whether the affected source is a major
source or an area 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 shall 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 a relevant standard, in which
case the letter shall 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.
(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
[[Page 52]]
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 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.
Sec. 63.10 Recordkeeping and reporting requirements.
(a) Applicability and general information. (1) The requirements of
this section apply to owners or operators of affected sources who are
subject to the provisions of this part, unless specified otherwise in a
relevant standard.
(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
[[Page 53]]
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 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, shutdown, or
malfunction of operation (i.e., process equipment);
[[Page 54]]
(ii) The occurrence and duration of each malfunction of the air
pollution control equipment;
(iii) All maintenance performed on the air pollution control
equipment;
(iv) Actions taken during periods of startup, shutdown, and
malfunction (including corrective actions to restore malfunctioning
process and air pollution control equipment to its normal or usual
manner of operation) when such actions 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 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,
shutdown, and malfunction (including corrective actions to restore
malfunctioning process and air pollution control 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);
(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 is not subject to a relevant standard
or other requirement established under this part, the owner or operator
shall 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 shall 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) shall 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 shall be performed in
accordance with requirements established in 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.
(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--
[[Page 55]]
(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, 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 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
[[Page 56]]
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, shutdown, 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. Reports shall only be required if a
startup, shutdown, or 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 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, shutdown, 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 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, and whether any excess
emissions and/or parameter monitoring exceedances are believed to have
occurred. 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 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
[[Page 57]]
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) The CMS data are to be used directly for compliance
determination and the source experienced excess emissions, in which case
quarterly reports shall be submitted. Once a source reports excess
emissions, the source shall follow a quarterly reporting format until a
request to reduce reporting frequency under paragraph (e)(3)(ii) of this
section is approved.
(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.
[[Page 58]]
(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
(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;
[[Page 59]]
(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 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.
Sec. 63.11 Control device requirements.
(a) Applicability. This section contains requirements for control
devices used to comply with provisions in relevant standards. These
requirements apply only to affected sources covered
[[Page 60]]
by relevant standards referring directly or indirectly to this section.
(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 other equivalent device to detect the presence of a flame.
(6) 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 MJ/scm (200 Btu/scf) or greater if the flare 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] TR16MR94.000
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] TR16MR94.001
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 (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 (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
[[Page 61]]
paragraph shall be determined by the following equation:
Log10(Vmax)=(HT+28.8)/31.7
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=8.706+0.7084(HT)
Where:
Vmax=Maximum permitted velocity, m/sec.
8.706=Constant.
0.7084=Constant.
HT=The net heating value as determined in paragraph (b)(6) of
this section.
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, Radiation and
Toxics Division, 841 Chestnut Street, Philadelphia, PA 19107.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, Tennessee), Director, Air, Pesticides
and Toxics, Management Division, 345 Courtland Street, NE., Atlanta, GA
30365.
[[Page 62]]
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 and
Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota,
Utah, Wyoming), Director, Air and Toxics Division, 999 18th Street, 1
Denver Place, Suite 500, Denver, CO 80202-2405.
EPA Region IX (Arizona, California, Hawaii, Nevada, American Samoa,
Guam), Director, Air and Toxics Division, 75 Hawthorne Street, San
Francisco, CA 94105.
EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Air and
Toxics Division, 1200 Sixth Avenue, 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.
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 Office of the
Federal Register, 800 North Capitol Street, NW, suite 700, Washington,
DC, at the Air and Radiation Docket and Information Center, U.S. EPA,
401 M Street, SW., Washington, DC, and at the EPA Library (MD-35), U.S.
EPA, Research Triangle Park, North Carolina.
(b) The materials listed below are available for purchase from at
least one of the following addresses: American Society for Testing and
Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or
University Microfilms International, 300 North Zeeb Road, Ann Arbor,
Michigan 48106.
(1) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by
Gas Chromatography, IBR approved for Sec. 63.11(b)(6).
(2) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb
Calorimeter (High-Precision Method), IBR approved for Sec. 63.11(b)(6).
(3) ASTM D2879-83, Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope, IBR approved for Sec. 63.111 of subpart G of
this part.
(4) ASTM D 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 of this part.
(5) ASTM D 1193-77, Standard Specification for Reagent Water, IBR
approved for Method 306, section 4.1.1 and section 4.4.2, of appendix A
to part 63.
(6) ASTM D 1331-89, Standard Test Methods for Surface and
Interfacial Tension of Solutions of Surface Active Agents, IBR approved
for Method 306B, section 2.2, section 3.1, and section 4.2, of appendix
A to part 63.
(7) ASTM E 260-91, Standard Practice for Packed Column Gas
Chromatography, IBR approved for Sec. 63.750(b)(2) of subpart GG of this
part.
(8) ASTM D523-89, Standard Test Method for Specular Gloss, IBR
approved for Sec. 63.782.
(9) ASTM D1475-90, Standard Test Method for Density of Paint,
Varnish, Lacquer, and Related Products, IBR approved for Sec. 63.788
appendix A.
(10) ASTM D2369-93, Standard Test Method for Volatile Content of
Coatings, IBR approved for Sec. 63.788 appendix A.
[[Page 63]]
(11) ASTM D3912-80, Standard Test Method for Chemical Resistance of
Coatings Used in Light-Water Nuclear Power Plants, IBR approved for
Sec. 63.782.
(12) ASTM D4017-90, Standard Test Method for Water and Paints and
Paint Materials by Karl Fischer Method, IBR approved for Sec. 63.788
appendix A.
(13) 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.
(14) ASTM D4256-89 [reapproved 1994], Standard Test Method for
Determination of the Decontaminability of Coatings Used in Light-Water
Nuclear Power Plants, IBR approved for Sec. 63.782.
(15) ASTM D3792-91, Standard Test Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, IBR
approved for Sec. 63.788 appendix A.
(16) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral
Spirits by Gas Chromatography, IBR approved for Sec. 63.786(b).
(17) ASTM E260-91, Standard Practice for Packed Column Gas
Chromatography, IBR approved for Sec. 63.786(b).
(18) 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).
(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
of subpart G of this part.
(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.
(d) State and Local Requirements. The materials listed below are
available at the Air and Radiation Docket and Information Center, U.S.
EPA, 401 M Street, SW., Washington, DC.
(1) California Regulatory Requirements Applicable to the Air Toxics
Program, March 1, 1996, IBR approved for Sec. 63.99(a)(5)(ii) of subpart
E of this part.
(2) [Reserved]
[59 FR 12430, Mar. 16, 1994, as amended at 59 FR 19453, Apr. 22, 1994;
59 FR 62589, Dec. 6, 1994; 60 FR 4963, Jan. 25, 1995; 60 FR 33122, June
27, 1995; 60 FR 45980, Sept. 1, 1995; 61 FR 25399, May 21, 1996; 61 FR
66227, Dec. 17, 1996]
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.
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.
[[Page 64]]
Sec. 63.40 Applicability of Secs. 63.40 through 63.44.
(a) Applicability. The requirements of Secs. 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 Secs. 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 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
[[Page 65]]
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 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.
[[Page 66]]
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.
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 Secs. 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 Secs. 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
Secs. 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
[[Page 67]]
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 section 112(g) with respects to construction
or reconstruction of major sources of HAP, no such case-by-case MACT
determinations shall take effect until after it has been submitted by
the permitting authority in writing to the appropriate EPA Regional
Office and the EPA Regional Office has concurred in writing that the
case-by-case MACT determination by the permitting authority is in
conformity with all requirements established by Secs. 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
Office adopt and 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 adopted by the EPA
Regional Office shall conform to all requirements established by
Secs. 63.40 through 63.44, and shall remain in effect for no more than 1
year. 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]
[[Page 68]]
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 (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
[[Page 69]]
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 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.
[[Page 70]]
(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.
(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
[[Page 71]]
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 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
[[Page 72]]
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 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
[[Page 73]]
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]
Secs. 63.45-63.49 [Reserved]
Sec. 63.50 Applicability.
(a) General applicability. The requirements of Secs. 63.50 through
63.56 implement section 112(j) of the Clean Air Act (as amended in
1990). The requirements of Secs. 63.50 through 63.56 apply in each State
beginning on the effective date of an approved title V permit program in
such State. These requirements apply to the owner or operator of a major
source of hazardous air pollutants which includes one or more stationary
sources included in a source category or subcategory for which the
Administrator has failed to promulgate an emission standard under this
part by the section 112(j) deadline.
(b) Relationship to State and local requirements. Nothing in
Secs. 63.50 through 63.56 shall prevent a State or local regulatory
agency from imposing more stringent requirements than those contained in
these subsections.
(c) Retention of State permit program approval. In order to retain
State permit program approval, a State must, by the section 112(j)
deadline for a source category, obtain sufficient legal authority to
establish equivalent emission limitations, to incorporate those
requirements into a title V permit, and to incorporate and enforce other
requirements of section 112(j).
Sec. 63.51 Definitions.
Terms used in Secs. 63.50 through 63.56 of this subpart that are not
defined below have the meaning given to them in the Act, in subpart A of
this part.
Available information means, for purposes of conducting a MACT floor
finding and identifying control technology options for emission units
subject to the provisions of this subpart, information contained in the
following information sources as of the section 112(j) deadline:
(1) A relevant proposed regulation, including all supporting
information;
(2) Background information documents for a draft or proposed
regulation;
(3) Any regulation, information or guidance collected by the
Administrator establishing a MACT floor finding
and/or MACT determination;
(4) Data and information available from the Control Technology
Center developed pursuant to section 112(l)(3) of the Act, and
(5) Data and information contained in the Aerometric Informational
Retrieval System (AIRS) including information in the MACT database, and
(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,
[[Page 74]]
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.
Emission point means any part or activity of a major source that
emits or has the potential to emit, under current operational design,
any hazardous air pollutant.
Emission unit means any building, structure, facility, or
installation. This could include an emission point or collection of
emission points, within a major source, which the permitting authority
determines is the appropriate entity for making a MACT determination
under section 112(j), i.e., any of the following:
(1) An emission point that can be individually controlled.
(2) The smallest grouping of emission points, that, when collected
together, can be commonly controlled by a single control device or work
practice.
(3) Any grouping of emission points, that, when collected together,
can be commonly controlled by a single control device or work practice.
(4) A grouping of emission points that are functionally related.
Equipment is functionally related if the operation or action for which
the equipment was specifically designed could not occur without being
connected with or without relying on the operation of another piece of
equipment.
(5) The entire geographical entity comprising a major source in a
source category subject to a MACT determination under section 112(j).
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 into the title V permit by an
administrative amendment.
Equivalent emission limitation means an emission limitation,
established under section 112(j) of the Act, which is at least as
stringent as the MACT standard that EPA would have promulgated under
section 112(d) or section 112(h) of the Act.
Existing major source means a major source, construction or
reconstruction of which is commenced before EPA proposed a standard,
applicable to the major source, under section 112 (d) or (h), or if no
proposal was published, then on or before the section 112(j) deadline.
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
[[Page 75]]
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
(ii) The average emission limitation achieved by the best performing
five sources in the United States (for which the Administrator has or
could reasonably obtain emissions information) in the category or
subcategory, for a category or subcategory of stationary sources with
fewer than 30 sources;
(2) For new sources, the emission limitation achieved in practice by
the best controlled similar source.
New emission unit means an emission unit for which construction or
reconstruction is commenced after the section 112(j) deadline, or after
proposal of a relevant standard under section 112(d) or section 112(h)
of the Clean Air Act (as amended in 1990), whichever comes first, except
that, as provided by Sec. 63.52(f)(1), an emission unit, at a major
source, for which construction or reconstruction is commenced before the
date upon which the area source becomes a major source, shall not be
considered a new emission unit if, after the addition of such emission
unit, the source is still an area source.
New major source means a major source for which construction or
reconstruction is commenced after the section 112(j) deadline, or after
proposal of a relevant standard under section 112(d) or section 112(h)
of the Clean Air Act (as amended in 1990), whichever comes first.
Permitting authority means the permitting authority as defined in
part 70 of this chapter.
Section 112(j) deadline means the date 18 months, after the date by
which a relevant standard is scheduled to be promulgated under this
part, except 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.
Similar source means an emission unit that has comparable emissions
and is structurally similar in design and capacity to other emission
units such that the emission units could be controlled using the same
control technology.
Source category schedule for standards means the schedule for
promulgating MACT standards issued pursuant to section 112(e) of the
Act.
United States means the United States, its possessions and
territories.
[59 FR 26449, May 20, 1994, as amended at 61 FR 21372, May 10, 1996]
Sec. 63.52 Approval process for new and existing emission units.
(a) Application. (1) Except as provided in Sec. 63.52(a)(3), if the
Administrator fails to promulgate an emission standard under this part
on or before an applicable section 112(j) deadline for a source category
or subcategory, the owner or operator of an existing major source that
includes one or more stationary sources in such category or subcategory,
shall submit an application for a title V permit or application for a
significant permit modification, whichever is applicable, by the section
112(j) deadline.
(2) If the Administrator fails to promulgate an emission standard
under this part on or before an applicable section 112(j) deadline for a
source category or subcategory, the owner or operator of a new emission
unit in such source category or subcategory shall submit an application
for a title V permit or application for a significant permit
modification or administrative amendment, whichever is applicable, in
accordance with procedures established under title V.
(3)(i) The owner or operator of an existing major source that
already has a title V permit requiring compliance with a limit that
would meet the requirements of section 112(j) of the Act, shall submit
an application for an administrative permit amendment, by the section
112(j) deadline, in accordance with procedures established under title
V.
(ii) The owner or operator of a new emission unit that currently
complies with a federally enforceable alternative emission limitation,
or has a title V permit that already contains emission limitations
substantively meeting the requirements of section 112(j), shall submit
an application for
[[Page 76]]
an administrative permit amendment confirming compliance with the
requirements of section 112(j), in accordance with procedures
established under title V, and not later than the date 30 days after the
date construction or reconstruction is commenced.
(4) In addition to meeting the requirements of Sec. 63.52(a)(2), the
owner or operator of a new emission unit may submit an application for a
Notice of MACT Approval before construction, pursuant to Sec. 63.54.
(b) Permit review. (1) Permit applications submitted under this
paragraph will be reviewed and approved or disapproved according to
procedures established under title V, and any other regulations approved
under title V in the jurisdiction in which the emission unit is located.
In the event that the permitting authority disapproves a permit
application submitted under this paragraph or determines that the
application is incomplete, the owner or operator shall revise and
resubmit the application to meet the objections of the permitting
authority not later than six months after first being notified that the
application was disapproved or is incomplete.
(2) If the owner or operator has submitted a timely and complete
application for a title V permit, significant permit modification, or
administrative amendment required by this paragraph, any failure to have
this permit will not be a violation of the requirements of this
paragraph, 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.
(c) Emission limitation. The permit or Notice of MACT Approval,
whichever is applicable, shall contain an equivalent emission limitation
(or limitations) for that 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 permit or Notice of MACT
Approval 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 shall 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 permit or Notice will contain an emission standard or
emission limitation to control the emissions of hazardous air
pollutants. The MACT emission limitation will be determined by the
permitting authority and will 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. Such
emission limitation will be established consistent with the principles
contained in Sec. 63.55.
(2) The permit or Notice will specify any notification, operation
and maintenance, performance testing, monitoring, reporting and
recordkeeping requirements. The permit or Notice will include the
following information:
(i) In addition to the MACT emission limitation required by
paragraph (c)(1) of this section, 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
recordkeeping requirements that are consistent with requirements
established pursuant to title V, Sec. 63.52(e), and, at the discretion
of the permitting authority, to subpart A of this part;
(iii) A statement requiring the owner or operator to comply with all
requirements contained in subpart A of this part deemed by the
permitting authority to be applicable;
(iv) A compliance date(s) by which the owner or operator shall be in
compliance with the MACT emission limitation, and all other applicable
terms and conditions of the Notice.
(d)(1) Compliance date. The owner or operator of an existing major
source subject to the requirements of this paragraph shall comply with
the emission limitation(s) established in the source's title V permit.
In no case will such compliance date exceed 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), or
[[Page 77]]
unless otherwise specified in section 112(i), or in subpart D of this
part.
(2) The owner or operator of a new emission unit subject to the
requirements of this paragraph shall comply with a new source MACT level
of control immediately upon issuance of the title V permit for the
emission unit.
(e) Enhanced monitoring. In accordance with section 114(a)(3) of the
Act, monitoring shall be capable of detecting deviations from each
applicable emission limitation or other standard with sufficient
reliability and timeliness to determine continuous compliance over the
applicable reporting period. Such monitoring data may be used as a basis
for enforcing emission limitations established under this subpart.
(f) Area sources that become major sources. (1) After the effective
date of this subpart, the owner or operator of a new or existing area
source that increases its emissions of, or its potential to emit,
hazardous air pollutants such that the source becomes a major source
that is subject to this subpart shall submit an application for a title
V permit or application for a significant permit modification, or
administrative amendment, whichever is applicable, by the date that such
source becomes a major source.
(i) If an existing area source becomes a major source by the
addition of an emission unit or as a result of reconstructing, that
added emission unit or reconstructed emission unit shall comply with all
requirements of this subpart that affect new emission units, including
the compliance date for new emission units established in Sec. 63.52(d).
(ii) If an area source, constructed after the section 112(j)
deadline, becomes a major source solely by virtue of a relaxation in any
federally enforceable emission limitation, established after the section
112(j) deadline, on the capacity of an emission unit or units to emit a
hazardous air pollutant, such as a restriction on hours of operation,
then that emission unit or units shall comply with all requirements of
this subpart that affect new emission units, on or before the date of
such relaxation.
(2) After the effective date of this subpart, if the Administrator
establishes a lesser quantity emission rate under section 112(a)(1) of
the Act that results in an area source becoming a major source, then the
owner or operator of such major source shall submit an application for a
title V permit or application for a significant permit modification, or
administrative amendment, whichever is applicable, on or before the date
6 months from the date that such source becomes a major source. If an
existing area source becomes a major source as a result of the
Administrator establishing a lesser quantity emission rate, then any
emission unit, at that source, for which construction or reconstruction
is commenced before the date upon which the source becomes major shall
not be considered a new emission unit.
Sec. 63.53 Application content for case-by-case MACT determinations.
(a) MACT Demonstration. Except as provided by Sec. 63.55(a)(3), an
application for a MACT determination shall demonstrate how an emission
unit will obtain the degree of emission reduction that the Administrator
or the State has determined is at least as stringent as the emission
reduction that would have been obtained had the relevant emission
standard been promulgated according to the source category schedule for
standards for the source category of which the emission unit is a
member.
(b) MACT Application. The application for a MACT determination shall
contain the following information:
(1) The name and address (physical location) of the major source;
(2) A brief description of the major source, its source category or
categories, a description of the emission unit(s) requiring a MACT
determination pursuant to other requirements in this subpart, and a
description of whether the emission unit(s) require new source MACT or
existing source MACT based on the definitions established in Sec. 63.51;
(3) For a new emission unit, the expected date of commencement of
construction;
(4) For a new emission unit, the expected date of completion of
construction;
[[Page 78]]
(5) For a new emission unit, the anticipated date of startup of
operation;
(6) The hazardous air pollutants emitted by each emission point, and
an estimated emission rate for each hazardous air pollutant.
(7) Any existing federally enforceable emission limitations
applicable to the emission point.
(8) The maximum and expected utilization of capacity of each
emission point, and the associated uncontrolled emission rates for each
emission point;
(9) The controlled emissions for each emission point in tons/year at
expected and maximum utilization of capacity, and identification of
control technology in place;
(10) Except as provided in Sec. 63.55(a)(3), the MACT floor as
specified by the Administrator or the permitting authority.
(11) Except as provided in Sec. 63.55(a)(3), recommended emission
limitations for the emission unit(s), and supporting information,
consistent with Sec. 63.52(c) and Sec. 63.55(a).
(12) Except as provided in Sec. 63.55(a)(3), a description of the
control technologies that will apply to meet the emission limitations
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
emission points to which the control technologies will be applied;
(13) Except as provided in Sec. 63.55(a)(3), parameters to be
monitored and frequency of monitoring to demonstrate continuous
compliance with the MACT emission limitation over the applicable
reporting period.
(14) Any other information required by the permitting authority
including, at the discretion of the permitting authority, information
required pursuant to subpart A of this part.
Sec. 63.54 Preconstruction review procedures for new emission units.
(a) Review process for new emission units. (1) If the permitting
authority requires an owner or operator to obtain or revise a title V
permit before construction of the new emission unit, or when the owner
or operator chooses to obtain or revise a title V permit before
construction, the owner or operator shall follow the administrative
procedures established under title V before construction of the new
emission unit.
(2) If an owner or operator is not required to obtain or revise a
title V permit before construction of the new emission unit (and has not
elected to do so), but the new emission unit is covered by any
preconstruction or pre-operation review requirements established
pursuant to section 112(g) of the Act, then the owner or operator shall
comply with those requirements, in order to ensure that the requirements
of section 112(j) and section 112(g) are satisfied. If the new emission
unit 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 (h)
of this section, or an equivalent permit review process, before
construction or operation of the new emission unit.
(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.
(b) Optional administrative procedures for preconstruction or pre-
operation review for new emission units. The permitting authority may
provide for an enhanced review of section 112(j) MACT determinations
that provides for review procedures and compliance requirements
equivalent to those set forth in paragraphs (b) through (h) 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,
[[Page 79]]
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 will be
set forth in a Notice of MACT Approval (or the equivalent) as described
in Sec. 63.52(c).
(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(c). The form and content of the notice will 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
will 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
the region in which the new source would be located. The permitting
authority will provide EPA with a review period for the final notice of
at least 45 days, and will not issue a final Notice of MACT approval
unless EPA objections are satisfied.
(e) Effective date. The effective date for new sources under this
subsection shall be the date a Notice of MACT Approval is issued to the
owner or operator of a new emission unit.
(f) Compliance date. New emission units shall comply with case-by-
case MACT upon issuance of a title V permit for the emission unit.
(g) Compliance with MACT Determinations. An owner or operator of a
major source that is subject to a MACT determination shall comply with
notification, operation and maintenance, performance testing,
monitoring, reporting, and recordkeeping requirements established under
Sec. 63.52(e), under title V, and at the discretion of the permitting
authority, under subpart A of this part. The permitting authority will
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.
(h) 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.
Sec. 63.55 Maximum achievable control technology (MACT) determinations for emission units subject to case-by-case determination of equivalent emission
limitations.
(a) Requirements for emission units subject to case-by-case
determination of equivalent emission limitations. The owner or operator
of a major source submitting an application pursuant to Sec. 63.52 or
Sec. 63.54 shall include elements specified in Sec. 63.53, taking into
consideration the following requirements:
(1) When the Administrator has proposed a relevant emission standard
for the source category pursuant to section 112(d) or section 112(h) of
the Act, then the control technologies recommended by the owner or
operator under Sec. 63.53(b)(12), when applied to the emission points
recommended by the applicant for control, shall be capable of achieving
all emission limitations and requirements of the proposed
[[Page 80]]
standard unless the application contains information adequate to support
a contention that:
(i) Different emissions limitations represent the maximum achievable
control technology emission limitations for the source category, or
(ii) Requirements different from those proposed by EPA will be
effective in ensuring that MACT emissions limitations are achieved.
(2) When the Administrator or the permitting authority has issued
guidance or distributed information establishing a MACT floor finding
for the source category or subcategory by the section 112(j) deadline,
then the recommended MACT emission limitations required by
Sec. 63.53(b)(11) must be at least as stringent as the MACT floor,
unless the application contains information adequately supporting an
amendment to such MACT floor.
(3)(i) When neither the Administrator nor the permitting authority
has issued guidance or distributed information establishing a MACT floor
finding and MACT determination for a source category or subcategory by
the section 112(j) deadline, then the owner or operator shall submit an
application for a permit or application for a Notice of MACT Approval,
whichever is applicable, containing the elements required by
Sec. 63.53(b) (1) through (9) and (14), by the section 112(j) deadline.
(ii) The owner or operator may recommend a control technology that
either achieves a level of control at least as stringent as the emission
control that is achieved in practice by the best controlled similar
source, or obtains at least the maximum reduction in emissions of
hazardous air pollutants that is achievable considering costs, non air
quality health and environmental impacts, and energy requirements.
(4) The owner or operator may 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 a hazardous air pollutant (HAP) or HAPs 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.
(b) Requirements for permitting authorities. The permitting
authority will determine whether the permit application or application
for a Notice of MACT Approval is approvable. If approvable, the
permitting authority will establish hazardous air pollutant emissions
limitations equivalent to the limitation that would apply if an emission
standard had been issued in a timely manner under subsection 112 (d) or
(h) of the Act. The permitting authority will establish these emissions
limitations consistent with the following requirements and principles:
(1) Emission limitations will be established for all emission units
within a source category or subcategory for which the section 112(j)
deadline has passed.
(2) Each emission limitation for an existing emission unit will
reflect the maximum degree of reduction in emissions of hazardous air
pollutants (including a prohibition on such emission, 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 emission units in the category or subcategory for which the section
112(j) deadline has passed. This limitation will not be less stringent
than the MACT floor, and will be based upon available information and
information generated by the permitting authority before or during the
application review process, including information provided in public
comments.
(3) Each emission limitation for a new emission unit will not be
less stringent than the emission limitation achieved in practice by the
best controlled similar source, and must reflect the maximum degree of
reduction in emissions of hazardous air pollutants
[[Page 81]]
(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 will be based at a minimum upon available information
and information provided in public comments.
(4) When the Administrator has proposed a relevant emissions
standard for the source category pursuant to section 112(d) or section
112(h) of the Act, then the equivalent emission limitation established
by the permitting authority shall ensure that all emission limitations
and requirements of the proposed standard are achieved, unless the
permitting authority determines based on additional information that:
(i) Different emissions limitations represent the maximum achievable
control technology emission limitations for the source category; or
(ii) Requirements different from those proposed by EPA will be
effective in ensuring that MACT emissions limitations are achieved.
(5) When the Administrator or the permitting authority has issued
guidance or collected information establishing a MACT floor finding for
the source category or subcategory, the equivalent emission limitation
for an emission unit must be at least as stringent as that MACT floor
finding unless, based on additional information, the permitting
authority determines that the additional information adequately supports
an amendment to the MACT floor. In that case, the equivalent emission
limitation must be at least as stringent as the amended MACT floor.
(6) The permitting authority will 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 a hazardous air pollutant (HAP) or HAPs 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.
(7) Nothing in this subpart will prevent a State or local permitting
authority from establishing an emission limitation more stringent than
required by Federal regulations.
(c) Reporting to National Data Base. The owner or operator shall
submit additional copies of its application for a permit, permit
modification, administrative amendment, or Notice of MACT Approval,
whichever is applicable, to the EPA by the section 112(j) deadline for
existing emission units, or by the date of the application for a permit
or Notice of MACT Approval for new emission units.
Sec. 63.56 Requirements for case-by-case determination of equivalent emission limitations after promulgation of a subsequent MACT standard.
(a) If the Administrator promulgates an emission standard that is
applicable to one or more emission units within a major source before
the date a permit application under this paragraph is approved, the
permit shall contain the promulgated standard rather than the emission
limitation determined under Sec. 63.52, 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 (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 shall revise the permit upon its next renewal to
reflect the promulgated standard. The permitting authority will
establish a compliance date in the revised permit that assures that the
owner or operator shall 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
permit, whichever is earlier.
[[Page 82]]
(c) Notwithstanding the requirements of paragraph (a) or (b) of this
section, if the Administrator promulgates an emission standard that is
applicable to a source after the date a permit application 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 level of control required by the emission
limitation in the permit is at least as stringent as that required by
the promulgated standard.
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]
Secs. 63.61-63.69 [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
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
[[Page 83]]
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]
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.
[[Page 84]]
(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 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
[[Page 85]]
(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.
(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;
[[Page 86]]
(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
Mg=the total mass rate (e.g., kg/yr) of all
gaseous emissions
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
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
[[Page 87]]
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 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), 401 M Street, SW., 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:
[[Page 88]]
(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 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
[[Page 89]]
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), 401 M Street, SW., 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 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
[[Page 90]]
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.
(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,
[[Page 91]]
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 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
[[Page 92]]
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 Secs. 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
Source: 58 FR 62283, Nov. 26, 1993, unless otherwise noted.
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 or
programs 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). 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 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.
Applicability criteria means the regulatory criteria used to define
all emission points within all affected sources subject to a specific
section 112 rule.
Approval means a determination by the Administrator that a State
rule or program meets the criteria of Sec. 63.91 and the additional
criteria of either Sec. 63.92, Sec. 63.93 or Sec. 63.94, where
appropriate. For accidental release prevention programs, the criteria of
Sec. 63.95 must also be met.
Compliance and enforcement measures means requirements within a rule
or program relating to compliance and enforcement, including but not
necessarily limited to monitoring, test methods and procedures,
recordkeeping, reporting, compliance certification, inspection, entry,
sampling or accidental release prevention oversight.
Level of control means the degree to which a rule or program
requires a source to limit emissions or to employ design, equipment,
work practice, operational, 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 or program would not lead to an increase in risk to human health or
the environment; and
(2) Each substance regulated under section 112(r).
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 a source regulated
under section 112(r).
Program means, for the purposes of an approval under Sec. 63.94, a
collection of State statutes, rules or other requirements which limits
or will limit the emissions of hazardous air pollutants from affected
sources.
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
[[Page 93]]
emissions, or as measured by parameters relating to rule applicability
and level of control, or as otherwise determined by the Administrator.
(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) 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) The authority to add or delete substances from the list of
substances established under section 112(r);
(iii) The authority to 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;
(iv) 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
(v) 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.
(d) Federally-enforceable requirements. All rules and requirements
approved under this subpart and all resulting part 70 operating permit
conditions are enforceable by the Administrator and citizens under the
Act.
(e) 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 40 CFR part 61, subpart I, T, or
W, 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, or Sec. 63.94.
[58 FR 62283, Nov. 26, 1993, as amended at 61 FR 36297, July 10, 1996]
Sec. 63.91 Criteria common to all approval options.
(a) Approval process. To obtain approval under this subpart of a
rule or program that is different from the Federal rule, the criteria of
this section and the criteria of either Sec. 63.92, Sec. 63.93 or
Sec. 63.94 must be met. For approval of State programs to implement and
enforce Federal section 112 rules as promulgated without changes (except
for accidental release programs), only the criteria of this section must
be met. This includes State requests for upfront approval of their
mechanism for taking delegation of future unchanged Federal section 112
standards and requirements as well as approval to implement and enforce
unchanged Federal section 112 standards and requirements on a rule-by
rule basis. For approval of State rules or programs to implement and
enforce the Federal accidental release prevention program as promulgated
without changes, the requirements of this section and section Sec. 63.95
must be met. In the case of accidental release prevention programs which
differ from the Federal accidental release prevention program, the
requirements of this section, Sec. 63.95, and either Sec. 63.92 or
Sec. 63.93 must be met. 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 of pollutants listed
pursuant to Section 112(b) of the Clean Air Act. For a State's initial
request for approval of any rule or program under this subpart, and
except as otherwise specified under Sec. 63.92, Sec. 63.93, or
Sec. 63.94 for a
[[Page 94]]
State's subsequent requests for approval, the approval process will be
the following:
(1) Upon receipt of a request for approval, the EPA will review the
request for approval and notify the State within 30 days of receipt
whether the request for approval is complete according to the criteria
in this subpart. If a request for approval is found to be incomplete,
the Administrator will so notify the State and will specify the
deficient elements of the State's request.
(2) Within 45 days after receipt of a complete request for approval,
the Administrator will seek public comment for a minimum of 30 days on
the State request for approval. The Administrator will require that
comments be submitted concurrently to the State.
(3) If, after review of public comments and any State responses to
comments submitted to the Administrator within 30 days of the close of
the public comment period, the Administrator finds that the criteria of
this section are met, the State rule or program will be approved by the
Administrator under this section, published in the Federal Register, and
incorporated directly or by reference, in the appropriate subpart of
part 63. Authorities approved under Sec. 63.95 will be incorporated
pursuant to requirements under section 112(r).
(4) Within 180 days of receiving a complete request for approval,
the Administrator will either approve or disapprove the State rule or
program.
(5) If the Administrator finds that; any of the criteria of this
section are not met, or any of the criteria of either Sec. 63.92,
Sec. 63.93 or Sec. 63.94 under which the request for approval was made
are not met, the Administrator will disapprove the State rule or
program. If a State rule or program is disapproved, the Administrator
will notify the State of any revisions or additions necessary to obtain
approval. Any resubmittal by a State of a request for approval will be
considered a new request under this subpart.
(6) If the Administrator finds that; all of the criteria of this
section are met; and all of the criteria of either Sec. 63.92,
Sec. 63.93 or Sec. 63.94 are met, the Administrator will approve the
State rule or program and thereby delegate authority to implement and
enforce the approved rule or program in lieu of the otherwise applicable
Federal rules, emission standards or requirements. The approved State
rule or program shall be Federally enforceable from the date of
publication of approval. When a State rule or program is approved by the
Administrator under this subpart, applicable part 70 permits shall be
revised according to the provisions of Sec. 70.7(f) of this chapter.
Operating permit conditions resulting from any otherwise applicable
Federal section 112 rules, emission standards or requirements will not
be expressed in the State's part 70 permits or otherwise implemented or
enforced by the State or by the EPA unless and until authority to
enforce the approved State rule or program is withdrawn from the State
under Sec. 63.96. In the event 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 part 70 permits shall be revised
according to the provisions of Sec. 70.7(f) of this chapter.
(b) Criteria for approval. Any request for approval under this
subpart shall meet all section 112(l) approval criteria specified by the
otherwise applicable Federal rule, emission standard or requirements and
all of the approval criteria of this section. The State shall provide
the Administrator with the following.
(1) A written finding by the State Attorney General (or for a local
agency, the General Counsel with full authority to represent the local
agency) that the State has the necessary legal authority to implement
and to enforce the State rule or program upon approval and to assure
compliance by all sources within the State with each applicable section
112 rule, emission standard or requirement. At a minimum, the State must
have the following legal authorities concerning enforcement:
(i) The State shall have enforcement authorities that meet the
requirements of Sec. 70.11 of this chapter.
(ii) The State shall have authority to request information from
regulated
[[Page 95]]
sources regarding their compliance status.
(iii) The State shall have authority to inspect sources and any
records required to determine a source's compliance status.
(iv) 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.
(2) A copy of State statutes, regulations and other requirements
that contain the appropriate provisions granting authority to implement
and enforce the State rule or program upon approval.
(3) A demonstration that the State has adequate resources to
implement and enforce all aspects of the rule or program upon approval,
which includes:
(i) A description in narrative form of the scope, structure,
coverage and processes of the State program;
(ii) A description of the organization and structure of the agency
or agencies that will have responsibility for administering the program;
and
(iii) A description of the agency staff who will carry out the State
program, including the number, occupation, and general duties of the
employees.
(4) A schedule demonstrating expeditious State implementation of the
rule or program upon approval.
(5) A plan that assures expeditious compliance by all sources
subject to the rule or program 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.
(6) A demonstration of adequate legal authority to assure compliance
with the rule or program upon approval. At a minimum, the State must
have the following legal authorities concerning enforcement:
(i) The State shall have enforcement authorities that meet the
requirements of Sec. 70.11 of this chapter.
(ii) 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.
(c) Revisions. Within 90 days of any State amendment, repeal or
revision of any State rule, program, or other authorities supporting an
approval under this subpart, a State must provide the Administrator with
a copy of the revised authorities and meet the requirements of either
paragraph (c) (1) or (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, the
General Counsel with full authority to represent the local agency) 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 State with approved rules,
the approved program (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 or
program according to the provisions of paragraph (c)(2) of this section.
(2) The State shall request approval under this subpart of a revised
rule or program.
(i) If the Administrator approves the revised rule or program, the
revised rule or program will replace a rule or program previously
approved.
(ii) If the Administrator disapproves the revised rule or program,
the Administrator will initiate procedures under Sec. 63.96 to withdraw
approval of any previously approved rule or program that may be affected
by the revised authorities.
(iii) Until such time as the Administrator approves or withdraws
approval of a revised rule or program, the previously approved rule or
program remains Federally enforceable.
[58 FR 62283, Nov. 26, 1993, as amended at 61 FR 36297, July 10, 1996]
Sec. 63.92 Approval of a State rule that adjusts a section 112 rule.
Under this section a State may seek approval of a State rule with
specific adjustments to a Federal section 112 rule.
[[Page 96]]
(a) Approval process. (1) If the Administrator finds that the
criteria of this section and the criteria of Sec. 63.91 are met, the
State rule will be approved by the Administrator, published in the
Federal Register and incorporated, directly or by reference, in the
appropriate subpart of this part 63, without additional notice and
opportunity for comment. Rules approved under Sec. 63.95 will be
incorporated pursuant to requirements under section 112(r).
(2) If the Administrator finds that any one of the State adjustments
to the Federal rule is in any way ambiguous with respect to the
stringency of applicability, the stringency of the level of control, or
the stringency of the compliance and enforcement measures for any
affected source or emission point, the Administrator will disapprove the
State rule.
(3) Within 90 days of receiving a complete request for approval
under this section, the Administrator will either approve or disapprove
the State rule.
(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
rule; 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; and
(viii) Any adjustments allowed in a specific section 112 rule.
Sec. 63.93 Approval of State authorities that substitute for a section 112 rule.
Under this section a State may seek approval of State authorities
which differ in form from a Federal section 112 rule for which they
would substitute, such that the State authorities do not qualify for
approval under Sec. 63.92.
(a) Approval process. (1) Within 45 days after receipt of a complete
request for approval under this section, the Administrator will seek
public comment for a minimum of 30 days on the State request for
approval. The Administrator will require that comments be submitted
concurrently to the State.
(2) If, after review of public comments and any State responses to
comments submitted to the Administrator within 30 days of the close of
the public comment period, the Administrator finds that the criteria of
this section and the criteria of Sec. 63.91 are met, the State
authorities will be approved by the Administrator under this section and
the approved authorities will be published in the Federal Register and
incorporated directly or by reference, in the appropriate subpart of
part 63. Authorities approved under Sec. 63.95 will be incorporated
pursuant to requirements under section 112(r).
(3) If the Administrator finds that any of the requirements of this
section
[[Page 97]]
or Sec. 63.91 have not been met, the Administrator will disapprove the
State authorities.
(4) Authorities submitted for approval under this section shall
include either:
(i) State rules or other requirements enforceable under State law
that would substitute for a section 112 rule; or
(ii)(A) The specific permit terms and conditions for the source or
set of sources in the source category for which the State is requesting
approval under this section, including control requirements and
compliance and enforcement measures, that would substitute for the
permit terms and conditions imposed by the otherwise applicable section
112 rule for such source or set of sources.
(B) The Administrator will approve authorities specified under
paragraph (a)(4)(ii)(A) of this section only when the State submitting
the request already has an approved program under Sec. 63.94, the
Federal standard for the source category has been promulgated under
section 112(h), and the Administrator has not determined the work
practice, design, equipment or operational requirements submitted by the
State to be inadequate under the provisions of the Federal standard.
(5) Within 180 days of receiving a complete request for approval
under this section, the Administrator will either 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 authorities contain or demonstrate:
(1) Applicability criteria that are no less stringent than those in
the respective Federal rule;
(2) Levels of control 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 assures that each affected source is
in compliance no later than would be required by the otherwise
applicable Federal rule; and
(4) At a minimum, the approved State authorities must include the
following compliance and enforcement measures. (For authorities
addressing the accidental release prevention program, minimum compliance
and enforcement provisions are described in Sec. 63.95.)
(i) The approved authorities must include a method for determining
compliance.
(ii) If a standard in the approved authorities is not instantaneous,
a maximum averaging time must be established.
(iii) The authorities must establish an obligation to periodically
monitor or test for compliance using the method established per
Sec. 63.93(b)(4)(i) sufficient to yield reliable data that are
representative of the source's compliance status.
[58 FR 62283, Nov. 26, 1993, as amended at 61 FR 36298, July 10, 1996]
Sec. 63.94 Approval of a State program that substitutes for section 112 emission standards.
Under this section a State may seek approval of a State program to
be implemented and enforced in lieu of specified existing and future
Federal emission standards or requirements promulgated under sections
112(d), (f) or (h), for those affected sources permitted by the State
under part 70 of this chapter.
(a) Approval process. (1) Within 45 days after receipt of a complete
request for approval under this section the Administrator will seek
public comment for a minimum of 30 days on the State request for
approval. 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 within 30 days of the close of
the public comment period, the Administrator finds that the criteria of
this section and the criteria of Sec. 63.91 are met, the State program
will be approved by the Administrator. The approved State commitment
made under paragraph (b)(2) of this section and reference to all
documents submitted under
[[Page 98]]
Sec. 63.91(b)(2) 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 this
section or Sec. 63.91 have not been met, the Administrator will
disapprove the State program.
(4) Within 180 days of receiving a complete request for approval
under this section, the Administrator will either 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:
(1) A reference to all specific sources or source categories listed
pursuant to subsection 112(c) for which the State is seeking authority
to implement and enforce standards or requirements under this section;
(2) A legally binding commitment adopted through State law that,
after approval:
(i) For each source subject to Federal section 112 emission
standards or requirements for which approval is sought, part 70 permits
shall be issued or revised by the State in accordance with procedures
established in part 70 of this chapter and in accordance with the
schedule submitted under Sec. 63.91(b)(5) assuring expeditious
compliance by all sources; and
(ii) All such issued or revised part 70 permits shall contain
conditions that:
(A) Reflect applicability criteria no less stringent than those in
the otherwise applicable Federal standards or requirements;
(B) Require levels of control for each affected source and emission
point no less stringent than those contained in the otherwise applicable
Federal standards or requirements;
(C) Require compliance and enforcement measures for each source and
emission point no less stringent than those in the otherwise applicable
Federal standards or requirements;
(D) Express levels of control and compliance and enforcement
measures in the same form and units of measure as the otherwise
applicable Federal standard or requirement;
(E) Assure compliance by each affected source no later than would be
required by the otherwise applicable Federal standard or requirement.
Sec. 63.95 Additional approval criteria for accidental release prevention programs.
(a) A State submission for approval of an Accidental Release
Prevention (ARP) 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 ARP 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:
(1) A demonstration of the State's authority and resources to
implement and enforce regulations which are at least as stringent as
regulations promulgated under section 112(r) that specify substances,
related thresholds and a risk management program,
(2) Procedures for:
(i) Registration of stationary sources, as defined in section
112(r)(2)(C) of the Act, which clearly identifies the State entity to
receive the registration;
(ii) Receiving and reviewing risk management plans;
(iii) Making available to the public any risk management plan
submitted to the State pursuant to provisions specified in section
112(r) which are consistent with section 114(c) of the Act; and
(iv) Providing technical assistance to subject sources, including
small businesses;
(3) A demonstration of the State's authority to enforce all
accidental release prevention requirements including a risk management
plan auditing strategy;
(4) A description of the coordination mechanisms the State
implementing agency will use with:
(i) The Chemical Safety and Hazard Investigation Board, particularly
during accident investigation. This requirement will not take effect
until the Chemical Safety and Hazard Investigation Board is convened;
and
[[Page 99]]
(ii) The State Emergency Response Commission, and the Local
Emergency Planning Committees; and
(iii) The air permitting program with respect to sources subject to
both section 112(r) of the Act and permit requirements under part 70 of
this chapter.
(c) A State may request approval for a complete or partial program.
A partial accidental release prevention program must include the core
program elements listed in paragraph (b) of this section.
[58 FR 62283, Nov. 26, 1993, as amended at 61 FR 36298, July 10, 1996]
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:
(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:
[[Page 100]]
(i) The State no longer has adequate authorities to assure
compliance or resources 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 subpart 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 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. 63.92, Sec. 63.93 or
Sec. 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.
[[Page 101]]
Secs. 63.97-63.98 [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)-(4) [Reserved]
(5) California
(i) [Reserved]
(ii) Affected sources must comply with the California Regulatory
Requirements Applicable to the Air Toxics Program, March 1, 1996
(incorporated by reference as specified in Sec. 63.14) as described
below.
(A) The material incorporated in Chapter 1 of the California
Regulatory Requirements Applicable to the Air Toxics Program pertains to
the perchloroethylene dry cleaning source category, and has been
approved under the procedures in Sec. 63.93 to be implemented and
enforced in place of Subpart M--National Perchloroethylene Air Emission
Standards for Dry Cleaning Facilities, as it applies to area sources
only, as defined in Sec. 63.320(h).
(1) Authorities not delegated.
(i) California is not delegated the Administrator's authority to
implement and enforce those provisions of subpart M which apply to major
sources, as defined in Sec. 63.320(g). Dry cleaning facilities which are
major sources remain subject to subpart M.
(ii) California is not delegated the Administrator's authority of
Sec. 63.325 to determine equivalency of emissions control technologies.
Any source seeking permission to use an alternative means of emission
limitation, under sections 93109(a)(17), 93109(g)(3)(A)(5),
93109(g)(3)(B)(2)(iii), and 93109(h) of the California Airborne Toxic
Control Measure, must also receive approval from the Administrator
before using such alternative means of emission limitation for the
purpose of complying with section 112.
[61 FR 25399, May 21, 1996]
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 table 1 of this subpart;
(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)
[[Page 102]]
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 Secs. 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 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), and (d)(3) 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, 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.
[[Page 103]]
(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
the process vents; storage vessels; transfer racks; waste management
units; maintenance wastewater; heat exchange systems; equipment
identified in Sec. 63.149 of subpart G; and pumps, compressors,
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, instrumentation systems,
surge control vessels, and bottoms receivers that are associated with
the collection of all chemical manufacturing process units at a major
source that meet the criteria specified in paragraphs (b)(1) through
(b)(3) of this section. The source also includes equipment required by,
or utilized as a method of compliance with this subpart F, subpart 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
[[Page 104]]
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 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 based
on the utilization that occurred during the year preceding April 22,
1994. This determination shall be reported as part of an operating
permit application or as otherwise specified by the permitting
authority.
(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.
[[Page 105]]
(iv) If there are two or more chemical manufacturing process units
at the major source that meet the criteria of 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 ceasing 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) through (g)(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 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
[[Page 106]]
hose is part of the chemical manufacturing process unit that is subject
to this subpart. If more than one of the 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 based on the utilization that occurred during the year
preceding April 22, 1994. This determination shall be reported as part
of an operating permit application or as otherwise specified by the
permitting authority.
(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)(iv) 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
based on the utilization that occurred during the year preceding April
22, 1994. This determination shall be included as part of an operating
permit application or as otherwise specified by the permitting
authority.
(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
[[Page 107]]
(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)(iv) 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) Process vents from batch operations 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) and (m) of this section,
sources subject to subpart 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 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.
[[Page 108]]
(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.
(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.
[[Page 109]]
(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, 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.
[[Page 110]]
(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) Such construction commenced after December 31, 1992; 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) Such reconstruction commenced after December 31, 1992.
(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;
(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
[[Page 111]]
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 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.
[[Page 112]]
(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 Secs. 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).
[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]
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
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.
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.
[[Page 113]]
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 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 of subpart H of this
part.
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 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
[[Page 114]]
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, 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 a gas stream containing greater than 0.005
weight-percent total organic hazardous air pollutants that is
continuously discharged during operation of the unit from an air
oxidation reactor, other reactor, or distillation unit (as defined in
this section) within a chemical manufacturing process unit that meets
all applicability criteria specified in Sec. 63.100 (b)(1) through
(b)(3) of this subpart. Process vents are gas streams that are
discharged to the atmosphere (with or without passing through a control
device) either directly or after passing through one or more recovery
devices. Process vents exclude relief valve discharges, gaseous streams
routed to a fuel gas system(s), and leaks from equipment regulated under
subpart H of this part.
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,
[[Page 115]]
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.
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.
[[Page 116]]
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.
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]
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
[[Page 117]]
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 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, the term ``excess emissions''
means emissions in excess of those that would have occurred if there
were no start-up, shutdown, or malfunction and the owner or operator
complied with the relevant provisions of this subpart F, subparts G and/
or H of this part. The measures to be taken shall be identified in the
applicable start-up, shutdown, and malfunction plan, and may include,
but are not limited to, air pollution control technologies, recovery
technologies, work practices, pollution prevention, monitoring, and/or
changes in the manner of operation of the source. Back-up control
devices are not required, but may be used if available.
(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
[[Page 118]]
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]
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 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.
(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
[[Page 119]]
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 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
[[Page 120]]
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
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]
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;
[[Page 121]]
(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 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
[[Page 122]]
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 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
[[Page 123]]
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 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.
[[Page 124]]
(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 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 implement the procedures described
in 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.
(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]
Sec. 63.106 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under Section 112(l) of the CAA, the authorities contained in
paragraph (b) of this section shall be retained by the Administrator and
not transferred to a State.
(b) Authorities which will not be delegated to States:
Sec. 63.102(b) of this subpart, Sec. 63.150(i)(1) through (i)(4) of
subpart G of this part, and Sec. 63.177 of subpart H of this part.
[59 FR 19454, Apr. 22, 1994, as amended at 61 FR 64575, Dec. 5, 1996]
Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry
Chemicals
------------------------------------------------------------------------
Chemical name a CAS No. b Group
------------------------------------------------------------------------
Acenaphthene............................ 83329 V
Acetal.................................. 105577 V
Acetaldehyde............................ 75070 II
Acetaldol............................... 107891 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
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-).
[[Page 125]]
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
Glyceraldehyde.......................... 367475 V
Glycerol................................ 56815 II
[[Page 126]]
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
[[Page 127]]
Tetrahydrophthalic anhydride............ 85438 II
Tetramethylene- 110601 II
diamine.
Tetramethylethylenediamine.............. 110189 V
Tetramethyllead......................... 75741 V
Toluene................................. 108883 I
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]
Table 2 to Supbart F--Organic Hazardous Air Pollutants
------------------------------------------------------------------------
Chemical name a,b CAS No.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 ethersd..............................................
Hexachlorobenzene........................................... 118741
Hexachlorobutadiene......................................... 87683
Hexachloroethane............................................ 67721
Hexane...................................................... 110543
Hydroquinone................................................ 123319
[[Page 128]]
Isophorone.................................................. 78591
Maleic anhydride............................................ 108316
Methanol.................................................... 67561
Methylbromide (Bromomethane)................................ 74839
Methylchloride (Chloromethane).............................. 74873
Methyl ethyl ketone (2-Butanone)............................ 78933
Methyl hydrazine............................................ 60344
Methyl isobutyl ketone (Hexone)............................. 108101
Methyl isocyanate........................................... 624839
Methyl methacrylate......................................... 80626
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 ()....................... 85472
Naphthalene sulfonic acid ()....................... 120183
Naphthol ()........................................ 90153
Naphthol ()........................................ 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-(OCH2CH2)n-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-(OCH2CH2)n-OH
Polymers are excluded from the glycol category.
[62 FR 2735, Jan. 17, 1997]
[[Page 129]]
Pt. 63, Subpt. F, Table 3
Table 3.--General Provisions Applicability to Subparts F, G, and Ha
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reference Applies to subparts 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.''
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).
[[Page 130]]
63.5(d)(2)..................................................... No..................................
63.5(d)(3)..................................................... Yes--subpart G No--subpart H........ Except Sec. 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).
[[Page 131]]
63.6(e)(3)(vii)(C)............................................. Yes.................................
63.6(e)(3)(viii)............................................... 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--subpart H........ Sec. 63.152(c)(2) of subpart G specifies the use
of monitoring data in determining compliance
with subpart G.
63.6(f)(2)(iii) (A), (B), and (C).............................. Yes.................................
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.
[[Page 132]]
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.
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.
[[Page 133]]
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.
[[Page 134]]
[62 FR 2737, Jan. 17, 1997]
Table 4. to Subpart F.--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
Hexachloroethane............................................ 67721
Hexane...................................................... 110543
Isophorone.................................................. 78591
Methanol.................................................... 67561
Methyl bromide (Bromomethane)............................... 74839
Methyl chloride (Chloromethane)............................. 74873
Methyl ethyl ketone (2-Butanone)............................ 78933
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]
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, and wastewater streams 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
[[Page 135]]
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 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.
[[Page 136]]
(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.
(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;
[[Page 137]]
(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 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 TRE index value
and the associated recordkeeping and reporting;
(C) If the provisions of both this subpart and 40 CFR part 60,
subpart RRR 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
[[Page 138]]
monitoring of recovery device operating parameters and the associated
testing, reporting, and recordkeeping.
(D) If only the provisions of 40 CFR part 60, subpart RRR 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 RRR for continuous monitoring of
recovery device operating parameters and the associated testing,
reporting, and recordkeeping.
(9) 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 RRR 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 RRR.
(10) As an alternative to the requirements of paragraphs (d)(2),
(d)(3), (d)(5), (d)(6), (d)(8), and/or (d)(9) of this section as
applicable, if a chemical manufacturing process unit has equipment
subject to the provisions of this subpart and equipment subject to the
provisions of 40 CFR part 60, subpart III, NNN, or RRR, the owner or
operator may elect to apply this subpart to all such equipment in the
chemical manufacturing process unit. If the owner or operator elects
this method of compliance, all total organic compounds minus methane and
ethane, in such equipment shall be considered for purposes of
applicability and compliance with this subpart, as if they were organic
hazardous air pollutants. Compliance with the provisions of this
subpart, in the manner described in this paragraph, shall be deemed to
constitute compliance with 40 CFR part 60, subpart III, NNN, or RRR, as
applicable.
(e) Overlap with other regulations for wastewater. (1) After the
compliance dates specified in Sec. 63.100 of subpart F of this part, the
owner or operator of a Group 1 or Group 2 wastewater stream that is also
subject to the provisions of 40 CFR part 61, subpart FF is required to
comply with the provisions of both this subpart and 40 CFR part 61,
subpart FF. Alternatively, the owner or operator may elect to comply
with the provisions of paragraphs (e)(1)(i) and (e)(1)(ii) of this
section, which shall constitute compliance with the provisions of 40 CFR
part 61, subpart FF.
(i) Comply with the provisions of this subpart; and
(ii) For any Group 2 wastewater stream or organic stream whose
benzene emissions are subject to control through the use of one or more
treatment processes or waste management units under the provisions of 40
CFR part 61, subpart FF on or after December 31, 1992, comply with the
requirements of this subpart for Group 1 wastewater streams.
(2) After the compliance dates specified in Sec. 63.100 of subpart F
of this part, the owner or operator of any Group 1 or Group 2 wastewater
stream that is also subject to provisions in 40 CFR parts 260 through
272 shall comply with the requirements of either paragraph (e)(2)(i) or
(e)(2)(ii) of this section.
(i) For each Group 1 or Group 2 wastewater stream, the owner or
operator shall comply with the more stringent control requirements
(e.g., waste management units, numerical treatment standards, etc.) and
the more stringent testing, monitoring, recordkeeping, and reporting
requirements that overlap between the provisions of this subpart and the
provisions of 40 CFR parts 260 through 272. The owner or operator shall
keep a record of the information used to determine which requirements
were the most stringent and shall submit this information if requested
by the Administrator; or
(ii) The owner or operator shall submit, no later than four months
before the applicable compliance date specified in Sec. 63.100 of
subpart F of this part, a request for a case-by-case determination of
requirements. The request shall include the information specified in
paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.
[[Page 139]]
(A) Identification of the wastewater streams that are subject to
this subpart and to provisions in 40 CFR parts 260 through 272,
determination of the Group 1/Group 2 status of those streams,
determination of whether or not those streams are listed or exhibit a
characteristic as specified in 40 CFR part 261, and determination of
whether the waste management unit is subject to permitting under 40 CFR
part 270.
(B) Identification of the specific control requirements (e.g., waste
management units, numerical treatment standards, etc.) and testing,
monitoring, recordkeeping, and reporting requirements that overlap
between the provisions of this subpart and the provisions of 40 CFR
parts 260 through 272.
(f) Overlap with the Vinyl Chloride NESHAP. (1) After the compliance
dates specified in Sec. 63.100 of subpart F of this part, the owner or
operator of any Group 1 process vent that is also subject to the
provisions of 40 CFR part 61, subpart F shall 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 any Group 2 process vent that is
also subject to the provisions of 40 CFR part 61, subpart F shall comply
with the provisions specified in either paragraph (f)(2)(i) or
(f)(2)(ii) of this subpart.
(i) If the process vent is already controlled by a combustion device
meeting the requirements of 40 CFR part 61, subpart F, then the owner or
operator shall comply with either the associated testing, monitoring,
reporting, and recordkeeping provisions for Group 1 process vents in
this subpart or the testing, monitoring, reporting, and recordkeeping
provisions of 40 CFR part 61, subpart F. 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 process vent is not already controlled by a combustion
device, then the owner or operator shall comply with the provisions of
both this subpart and 40 CFR part 61, subpart F.
(3) 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 61,
subpart F 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 61, subpart F.
(4) After the compliance dates specified in Sec. 63.100 of subpart F
of this part, the owner or operator of a Group 1 or Group 2 wastewater
stream that is also subject to the provisions of 40 CFR part 61, subpart
F shall comply with the provisions of either paragraph (f)(4)(i) or
(f)(4)(ii) of this section.
(i) The owner or operator shall comply with the provisions of both
this subpart and 40 CFR part 61, subpart F or
(ii) The owner or operator may submit, no later than four months
before the applicable compliance date specified in Sec. 63.100 of
subpart F of this part, information demonstrating how compliance with 40
CFR Part 61, subpart F, will also ensure compliance with this subpart.
The information shall include a description of the testing, monitoring,
reporting, and recordkeeping that will be performed.
(g) Rules stayed for reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart G 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 G.
(h) Overlap with other regulations for monitoring, recordkeeping, or
reporting with respect to combustion devices, recovery devices, or
recapture devices. After the compliance dates specified in Sec. 63.100
of subpart F of this part, if any combustion device, recovery device, or
[[Page 140]]
recapture device subject to this subpart is also subject to monitoring,
recordkeeping, and reporting requirements in 40 CFR part 264, subpart AA
or CC, or is subject to monitoring and recordkeeping requirements in 40
CFR part 265, subpart AA or CC and the owner or operator complies with
the periodic reporting requirements under 40 CFR part 264, subpart AA or
CC that would apply to the device if the facility had final-permitted
status, the owner or operator may elect to comply either with the
monitoring, recordkeeping, and reporting requirements of this subpart,
or with the monitoring, recordkeeping, and reporting requirements in 40
CFR parts 264 and/or 265, as described in this paragraph, which shall
constitute compliance with the monitoring, recordkeeping, and reporting
requirements of this subpart. The owner or operator shall identify which
option has been selected in the Notification of Compliance Status
required by Sec. 63.152(b).
[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994;
60 FR 5321, Jan. 27, 1995; 61 FR 64575, Dec. 5, 1996; 62 FR 2742, Jan.
17, 1997]
Sec. 63.111 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act, in subpart F of this part, and in this section, as follows.
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.
Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b) of this subpart.
Annual average flow rate, as used in the wastewater provisions,
means the annual average flow rate, as determined according to the
procedures specified in Sec. 63.144(c).
Automated monitoring and recording system means any means of
measuring values of monitored parameters and creating a hard copy or
computer record of the measured values that does not require manual
reading of monitoring instruments and manual transcription of data
values. Automated monitoring and recording systems include, but are not
limited to, computerized systems and strip charts.
Batch 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 distilled or reacted 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.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator. Boiler also means
any industrial furnace as defined in 40 CFR 260.10.
By compound means by individual stream components, not carbon
equivalents.
Car-seal means a seal that is placed on a device that is used to
change the position of a valve (e.g., from opened to closed) in such a
way that the position of the valve cannot be changed without breaking
the seal.
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
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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.
Closed biological treatment process means a tank or surface
impoundment where biological treatment occurs and air emissions from the
treatment process are routed to either a control device by means of a
closed vent system or to a fuel gas system by means of hard-piping. The
tank or surface impoundment has a fixed roof, as defined in Sec. 63.111
of this subpart, or a floating flexible membrane cover that meets the
requirements specified in Sec. 63.134 of this subpart.
Closed-vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and, if necessary,
flow inducing devices that transport gas or vapor from an emission point
to a control device.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic hazardous air pollutant emissions.
Container, as used in the wastewater provisions, means any portable
waste management unit that has a capacity greater than or equal to 0.1 m
3 in which a material is stored, transported, treated, or
otherwise handled. Examples of containers are drums, barrels, tank
trucks, barges, dumpsters, tank cars, dump trucks, and ships.
Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 63.152(f) or
Sec. 63.152(g) of this subpart.
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 15-minute or more frequent block average values.
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the wall of the storage vessel and
the edge of the floating roof. A continuous seal may be a vapor-mounted,
liquid-mounted, or metallic shoe seal. A continuous seal may be
constructed of fastened segments so as to form a continuous seal.
Continuous vapor processing system means a vapor processing system
that treats total organic compound vapors collected from tank trucks or
railcars on a demand basis without intermediate accumulation in a vapor
holder.
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, recapture devices are considered
control devices but recovery devices are not considered control devices,
and for a steam stripper, a primary condenser is not considered a
control device.
Cover, as used in the wastewater provisions, means a device or
system which is placed on or over a waste management unit containing
wastewater or residuals so that the entire surface area is enclosed to
minimize air emissions. A cover may have openings necessary for
operation, inspection, and maintenance of the waste management unit such
as access hatches, sampling ports, and gauge wells provided that each
opening is closed when not in use. Examples of covers include a fixed
roof installed on a wastewater tank, a lid installed on a container, and
an air-supported enclosure installed over a waste management unit.
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,
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and any associated vacuum pump or steam jet.
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Enhanced biological treatment system or enhanced biological
treatment process means an aerated treatment unit(s) that contains
biomass suspended in water followed by a clarifier that removes biomass
from the treated water and recycles recovered biomass to the aeration
unit. The mixed liquor volatile suspended solids (biomass) is greater
than 1 kilogram per cubic meter homogeneously distributed throughout
each aeration unit. The biomass is suspended and aerated in the water of
the aeration unit(s) by either submerged air flow or mechanical
agitation.
External floating roof means a pontoon-type or double-deck-type
cover that rests on the liquid surface in a storage vessel or waste
management unit with no fixed roof.
Fill or filling means the introduction of organic hazardous air
pollutant into a storage vessel or the introduction of a wastewater
stream or residual into a waste management unit, but not necessarily to
complete capacity.
First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere.
Fixed roof means a cover that is mounted on a waste management unit
or storage vessel in a stationary manner and that does not move with
fluctuations in liquid level.
Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
Floating roof means a cover consisting of a double deck, pontoon
single deck, internal floating cover or covered floating roof, which
rests upon and is supported by the liquid being contained, and is
equipped with a closure seal or seals to close the space between the
roof edge and waste management unit or storage vessel wall.
Flow indicator means a device which indicates whether gas flow is,
or whether the valve position would allow gas flow to be, present in a
line.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and 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-process
combustion equipment such as furnaces and gas turbines, either singly or
in combination.
Group 1 process vent means a process vent for which the flow rate is
greater than or equal to 0.005 standard cubic meter per minute, the
total organic HAP concentration is greater than or equal to 50 parts per
million by volume, and the total resource effectiveness index value,
calculated according to Sec. 63.115 of this subpart, is less than or
equal to 1.0.
Group 2 process vent means a process vent for which the flow rate is
less than 0.005 standard cubic meter per minute, the total organic HAP
concentration is less than 50 parts per million by volume or the total
resource effectiveness index value, calculated according to Sec. 63.115
of this subpart, is greater than 1.0.
Group 1 storage vessel means a storage vessel that meets the
criteria for design storage capacity and stored-liquid maximum true
vapor pressure specified in table 5 of this subpart for storage vessels
at existing sources, and in table 6 of this subpart for storage vessels
at new sources.
Group 2 storage vessel means a storage vessel that does not meet the
definition of a Group 1 storage vessel.
Group 1 transfer rack means a transfer rack that annually loads
greater than or equal to 0.65 million liter of liquid products that
contain organic hazardous air pollutants with a rack weighted average
vapor pressure greater than or equal to 10.3 kilopascals.
Group 2 transfer rack means a transfer rack that does not meet the
definition of Group 1 transfer rack.
Group 1 wastewater stream means a wastewater stream consisting of
process wastewater as defined in Sec. 63.101 of subpart F at an existing
or new source
[[Page 143]]
that meets the criteria for Group 1 status in Sec. 63.132(c) of this
subpart for Table 9 compounds and/or a wastewater stream consisting of
process wastewater at a new source that meets the criteria for Group 1
status in Sec. 63.132(d) of this subpart for Table 8 compounds.
Group 2 wastewater stream means any process wastewater stream that
does not meet the definition of a Group 1 wastewater stream.
Halogenated vent stream or halogenated stream means a vent stream
from a process vent or transfer operation determined to have a mass
emission rate of halogen atoms contained in organic compounds of 0.45
kilograms per hour or greater determined by the procedures presented in
Sec. 63.115(d)(2)(v) of this subpart.
Halogens and hydrogen halides means hydrogen chloride (HCl),
chlorine (Cl2), hydrogen bromide (HBr), bromine
(Br2), and hydrogen fluoride (HF).
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards such as American
National Standards Institute (ANSI) B31-3.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section present is
not physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by ducts
or connections carrying flue gas. The above energy recovery section
limitation does not apply to an energy recovery section used solely to
preheat the incoming vent stream or combustion air.
Individual drain system means the stationary system used to convey
wastewater streams or residuals to a waste management unit or to
discharge or disposal. The term includes hard-piping, all process drains
and junction boxes, together with their associated sewer lines and other
junction boxes, manholes, sumps, and lift stations, conveying wastewater
streams or residuals. A segregated stormwater sewer system, which is a
drain and collection system designed and operated for the sole purpose
of collecting rainfall runoff at a facility, and which is segregated
from all other individual drain systems, is excluded from this
definition.
Intermittent vapor processing system means a vapor processing system
that employs an intermediate vapor holder to accumulate total organic
compound vapors collected from tank trucks or railcars, and treats the
accumulated vapors only during automatically controlled cycles.
Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it) inside
a storage vessel or waste management unit that has a permanently affixed
roof.
Junction box means a manhole or access point to a wastewater sewer
line or a lift station.
Liquid-mounted seal means a foam- or liquid-filled seal mounted in
contact with the liquid between the wall of the storage vessel or waste
management unit and the floating roof. The seal is mounted continuously
around the circumference of the vessel or unit.
Loading cycle means the time period from the beginning of filling a
tank truck or railcar until flow to the control device ceases, as
measured by the flow indicator.
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.
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the total organic HAP's in the stored or transferred liquid
at the temperature equal to the highest calendar-month average of the
liquid storage or transfer temperature for liquids stored or transferred
above or below the ambient temperature or at the local maximum monthly
average temperature as reported by the National Weather Service for
liquids stored or transferred at the ambient temperature, as determined:
[[Page 144]]
(1) In accordance with methods described in American Petroleum
Institute Publication 2517, Evaporative Loss From External Floating-Roof
Tanks (incorporated by reference as specified in Sec. 63.14 of subpart A
of this part); or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-83 (incorporated by reference as specified in Sec. 63.14 of
subpart A of this part); or
(4) Any other method approved by the Administrator.
Metallic shoe seal or mechanical shoe seal means metal sheets that
are held vertically against the wall of the storage vessel by springs,
weighted levers, or other mechanisms and connected to the floating roof
by braces or other means. A flexible coated fabric (envelope) spans the
annular space between the metal sheet and the floating roof.
Non-automated monitoring and recording system means manual reading
of values measured by monitoring instruments and manual transcription of
those values to create a record. Non-automated systems do not include
strip charts.
Oil-water separator or organic-water separator means a waste
management unit, generally a tank used to separate oil or organics from
water. An oil-water or organic-water separator consists of not only the
separation unit but also the forebay and other separator basins,
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are
located directly after the individual drain system and prior to
additional treatment units such as an air flotation unit, clarifier, or
biological treatment unit. Examples of an oil-water or organic-water
separator include, but are not limited to, an American Petroleum
Institute separator, parallel-plate interceptor, and corrugated-plate
interceptor with the associated ancillary equipment.
Open biological treatment process means a biological treatment
process that is not a closed biological treatment process as defined in
this section.
Operating permit means a permit required by 40 CFR part 70 or part
71.
Organic hazardous air pollutant or organic HAP means any of the
chemicals listed in table 2 of subpart F of this part.
Organic monitoring device means a unit of equipment used to indicate
the concentration level of organic compounds exiting a recovery device
based on a detection principle such as infra-red, photoionization, or
thermal conductivity.
Point of determination means each point where process wastewater
exits the chemical manufacturing process unit.
Note to definition for point of determination: The regulation allows
determination of the characteristics of a wastewater stream (1) at the
point of determination or (2) downstream of the point of determination
if corrections are made for changes in flow rate and annual average
concentration of Table 8 or Table 9 compounds as determined in
Sec. 63.144 of this subpart. Such changes include losses by air
emissions; reduction of annual average concentration or changes in flow
rate by mixing with other water or wastewater streams; and reduction in
flow rate or annual average concentration by treating or otherwise
handling the wastewater stream to remove or destroy hazardous air
pollutants.
Primary fuel means the fuel that provides the principal heat input
to the device. To be considered primary, the fuel must be able to
sustain operation without the addition of other fuels.
Process heater means a device that transfers heat liberated by
burning fuel directly to process streams or to heat transfer liquids
other than water.
Process unit has the same meaning as chemical manufacturing process
unit as defined in this section.
Process wastewater stream means a stream that contains process
wastewater as defined in Sec. 63.101 of subpart F of this part.
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.
Product tank, as used in the wastewater provisions, means a
stationary unit that is designed to contain an accumulation of materials
that are fed to or produced by a process unit, and is constructed
primarily of non-earthen materials (e.g., wood, concrete, steel,
plastic) which provide
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structural support. This term has the same meaning as a product storage
vessel.
Product tank drawdown means any material or mixture of materials
discharged from a product tank for the purpose of removing water or
other contaminants from the product tank.
Rack-weighted average partial pressure means the throughput weighted
average of the average maximum true vapor pressure of liquids containing
organic HAP transferred at a transfer rack. The rack-weighted average
partial pressure shall be calculated using the equation below:
Where:
P = Rack-weighted average partial pressure, kilopascals.
[GRAPHIC] [TIFF OMITTED] TR12DE95.001
Pi = Individual HAP maximum true vapor pressure, kilopascals,
= Xi*P, where Xi is the mole fraction of compound
i in the liquid.
Gi = Yearly volume of each liquid that contains organic HAP
that is transferred at the rack, liters.
i = Each liquid that contains HAP that is transferred at the rack.
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 this subpart,
recapture devices are considered recovery devices.
Relief valve means a valve used only to release an unplanned,
nonroutine discharge. A relief valve discharge can result from an
operator error, a malfunction such as a power failure or equipment
failure, or other unexpected cause that requires immediate venting of
gas from process equipment in order to avoid safety hazards or equipment
damage.
Reference control technology for process vents means a combustion
device or recapture device used to reduce organic hazardous air
pollutant emissions by 98 percent, or to an outlet concentration of 20
parts per million by volume.
Reference control technology for storage vessels means an internal
floating roof meeting the specifications of Sec. 63.119(b) of this
subpart, an external floating roof meeting the specifications of
Sec. 63.119(c) of this subpart, an external floating roof converted to
an internal floating roof meeting the specifications of Sec. 63.119(d)
of this subpart, or a closed-vent system to a control device achieving
95-percent reduction in organic HAP emissions. For purposes of emissions
averaging, these four technologies are considered equivalent.
Reference control technology for transfer racks means a combustion
device, recapture device, or recovery device used to reduce organic
hazardous air pollutants emissions by 98 percent, or to an outlet
concentration of 20 parts per million by volume; or a vapor balancing
system.
Reference control technology for wastewater means the use of:
(1) Controls specified in Sec. 63.133 through Sec. 63.137;
(2) A steam stripper meeting the specifications of Sec. 63.138(d) of
this subpart or any of the other alternative control measures specified
in Sec. 63.138(b), (c), (e), (f), (g), or (h) of this subpart; and
(3) A control device to reduce by 95 percent (or to an outlet
concentration
[[Page 146]]
of 20 parts per million by volume for combustion devices or for
noncombustion devices controlling air emissions from waste management
units other than surface impoundments or containers) the organic
hazardous air pollutants emissions in the vapor streams vented from
wastewater tanks, oil-water separators, containers, surface
impoundments, individual drain systems, and treatment processes
(including the design steam stripper) managing wastewater.
Residual means any liquid or solid material containing Table 9
compounds that is removed from a wastewater stream by a waste management
unit or treatment process that does not destroy organics (nondestructive
unit). Examples of residuals from nondestructive wastewater management
units are: the organic layer and bottom residue removed by a decanter or
organic-water separator and the overheads from a steam stripper or air
stripper. Examples of materials which are not residuals are: silt; mud;
leaves; bottoms from a steam stripper or air stripper; and sludges, ash,
or other materials removed from wastewater being treated by destructive
devices such as biological treatment units and incinerators.
Secondary fuel means a fuel fired through a burner other than the
primary fuel burner that provides supplementary heat in addition to the
heat provided by the primary fuel.
Sewer line means a lateral, trunk line, branch line, or other
conduit including, but not limited to, grates, trenches, etc., used to
convey wastewater streams or residuals to a downstream waste management
unit.
Simultaneous loading means, for a shared control device, loading of
organic HAP materials from more than one transfer arm at the same time
such that the beginning and ending times of loading cycles coincide or
overlap and there is no interruption in vapor flow to the shared control
device.
Single-seal system means a floating roof having one continuous seal
that completely covers the space between the wall of the storage vessel
and the edge of the floating roof. This seal may be a vapor-mounted,
liquid-mounted, or metallic shoe seal.
Specific gravity monitoring device means a unit of equipment used to
monitor specific gravity and having a minimum accuracy of
0.02 specific gravity units.
Steam jet ejector means a steam nozzle which discharges a high-
velocity jet across a suction chamber that is connected to the equipment
to be evacuated.
Surface impoundment means a waste management unit which is a natural
topographic depression, manmade excavation, or diked area formed
primarily of earthen materials (although it may be lined with manmade
materials), which is designed to hold an accumulation of liquid wastes
or waste containing free liquids. A surface impoundment is used for the
purpose of treating, storing, or disposing of wastewater or residuals,
and is not an injection well. Examples of surface impoundments are
equalization, settling, and aeration pits, ponds, and lagoons.
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.
Table 8 compound means a compound listed in table 8 of this subpart.
Table 9 compound means a compound listed in table 9 of this subpart.
Temperature monitoring device means a unit of equipment used to
monitor temperature and having a minimum accuracy of (a) 1
percent of the temperature being monitored expressed in degrees Celsius
( deg.C) or (b) 0.5 degrees ( deg.C), whichever is greater.
The 33/50 program means a voluntary pollution prevention initiative
established and administered by the EPA to encourage emissions
reductions of 17 chemicals emitted in large volumes by industrial
facilities. The EPA Document Number 741-K-92-001 provides more
information about the 33/50 program.
Total organic compounds or TOC, as used in the process vents
provisions, means those compounds measured according to the procedures
of Method 18 of 40 CFR part 60, appendix A.
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Total resource effectiveness index value or TRE index value means a
measure of the supplemental total resource requirement per unit
reduction of organic HAP associated with a process vent stream, based on
vent stream flow rate, emission rate of organic HAP, net heating value,
and corrosion properties (whether or not the vent stream contains
halogenated compounds), as quantified by the equations given under
Sec. 63.115 of this subpart.
Treatment process means a specific technique that removes or
destroys the organics in a wastewater or residual stream such as a steam
stripping unit, thin-film evaporation unit, waste incinerator,
biological treatment unit, or any other process applied to wastewater
streams or residuals to comply with Sec. 63.138 of this subpart. Most
treatment processes are conducted in tanks. Treatment processes are a
subset of waste management units.
Vapor collection system, as used in the transfer provisions, means
the equipment used to collect and transport organic HAP vapors displaced
during the loading of tank trucks or railcars. This does not include the
vapor collection system that is part of any tank truck or railcar vapor
collection manifold system.
Vapor-mounted seal means a continuous seal that completely covers
the annular space between the wall of the storage vessel or waste
management unit and the edge of the floating roof and is mounted such
that there is a vapor space between the stored liquid and the bottom of
the seal.
Vent stream, as used in the process vent provisions, means a process
vent as defined in Sec. 63.101 of subpart F of this part.
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 stream means a stream that contains only wastewater as
defined in Sec. 63.101 of subpart F of this part.
Wastewater tank means a stationary waste management unit that is
designed to contain an accumulation of wastewater or residuals and is
constructed primarily of non-earthen materials (e.g., wood, concrete,
steel, plastic) which provide structural support. Wastewater tanks used
for flow equalization are included in this definition.
Water seal controls means a seal pot, p-leg trap, or other type of
trap filled with water (e.g, flooded sewers that maintain water levels
adequate to prevent air flow through the system) that creates a water
barrier between the sewer line and the atmosphere. The water level of
the seal must be maintained in the vertical leg of a drain in order to
be considered a water seal.
[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 18024, 18029, Apr. 10,
1995; 60 FR 63626, Dec. 12, 1995; 62 FR 2742, Jan. 17, 1997]
Sec. 63.112 Emission standard.
(a) The owner or operator of an existing source subject to the
requirements of this subpart shall control emissions of organic HAP's to
the level represented by the following equation:
EA = 0.02EPV1 + EPV2
+ 0.05ES1 + ES2 +
0.02ETR1 + ETR2 +
EWW1C + EWW2
where:
EA = Emission rate, megagrams per year, allowed for the
source.
0.02EPV1 = Sum of the residual emissions, megagrams
per year, from all Group 1 process vents, as defined in Sec. 63.111 of
this subpart.
EPV2 = Sum of the emissions, megagrams per year,
from all Group 2 process vents as defined in Sec. 63.111 of this
subpart.
0.05ES1 = Sum of the residual emissions, megagrams
per year, from all Group 1 storage vessels, as defined in Sec. 63.111 of
this subpart.
[[Page 148]]
ES2 = Sum of the emissions, megagrams per year, from
all Group 2 storage vessels, as defined in Sec. 63.111 of this subpart.
0.02ETR1 = Sum of the residual emissions, megagrams
per year, from all Group 1 transfer racks, as defined in Sec. 63.111 of
this subpart.
ETR2 = Sum of the emissions, megagrams per year,
from all Group 2 transfer racks, as defined in Sec. 63.111 of this
subpart.
EWW1C = Sum of the residual emissions from all Group
1 wastewater streams, as defined in Sec. 63.111 of this subpart. This
term is calculated for each Group 1 stream according to the equation for
EWW1C in Sec. 63.150(g)(5)(i) of this subpart.
EWW2 = Sum of emissions from all Group 2 wastewater
streams, as defined in Sec. 63.111 of this subpart.
The emissions level represented by this equation is dependent on the
collection of emission points in the source. The level is not fixed and
can change as the emissions from each emission point change or as the
number of emission points in the source changes.
(b) The owner or operator of a new source subject to the
requirements of this subpart shall control emissions of organic HAP's to
the level represented by the equation in paragraph (a) of this section.
(c) The owner or operator of an existing source shall demonstrate
compliance with the emission standard in paragraph (a) of this section
by following the procedures specified in paragraph (e) of this section
for all emission points, or by following the emissions averaging
compliance approach specified in paragraph (f) of this section for some
emission points and the procedures specified in paragraph (e) of this
section for all other emission points within the source.
(d) The owner or operator of a new source shall demonstrate
compliance with the emission standard in paragraph (b) of this section
only by following the procedures in paragraph (e) of this section. The
owner or operator of a new source may not use the emissions averaging
compliance approach.
(e) The owner or operator of an existing or new source may comply
with the process vent provisions in Secs. 63.113 through 63.118 of this
subpart, the storage vessel provisions in Secs. 63.119 through 63.123 of
this subpart, the transfer operation provisions in Secs. 63.126 through
63.130 of this subpart, the wastewater provisions in Secs. 63.131
through 63.147 of this subpart, the leak inspection provisions in
Sec. 63.148, and the provisions in Sec. 63.149 of this subpart.
(1) The owner or operator using this compliance approach shall also
comply with the requirements of Sec. 63.151 and Sec. 63.152 of this
subpart, as applicable.
(2) The owner or operator using this compliance approach is not
required to calculate the annual emission rate specified in paragraph
(a) of this section.
(3) When emissions of different kinds (e.g., emissions from process
vents, transfer operations, storage vessels, process wastewater, and/or
in-process equipment subject to Sec. 63.149 of this subpart) are
combined, and at least one of the emission streams would be classified
as Group 1 in the absence of combination with other emission streams,
the owner or operator shall comply with the requirements of either
paragraph (e)(3)(i) or paragraph (e)(3)(ii) of this section.
(i) Comply with the applicable requirements of this subpart for each
kind of emissions in the stream (e.g., the requirements in Secs. 63.113
through 63.118 of this subpart G for process vents, and the requirements
of Secs. 63.126 through 63.130 for transfer operations); or
(ii) Comply with the first set of requirements identified in
paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section which
applies to any individual emission stream that is included in the
combined stream, where either that emission stream would be classified
as Group 1 in the absence of combination with other emission streams, or
the owner chooses to consider that emission stream to be Group 1 for
purposes of this paragraph. Compliance with the first applicable set of
requirements identified in paragraphs (e)(3)(ii)(A) through
(e)(3)(ii)(E) of this section constitutes compliance with all other
requirements in paragraphs (e)(3)(ii)(A)
[[Page 149]]
through (e)(3)(ii)(E) of this section applicable to other types of
emissions in the combined stream.
(A) The requirements of this subpart for Group 1 process vents,
including applicable monitoring, recordkeeping, and reporting;
(B) The requirements of this subpart for Group 1 transfer racks,
including applicable monitoring, recordkeeping, and reporting;
(C) The requirements of Sec. 63.119(e) for control of emissions from
Group 1 storage vessels, including monitoring, recordkeeping, and
reporting;
(D) The requirements of Sec. 63.139 for control devices used to
control emissions from waste management units, including applicable
monitoring, recordkeeping, and reporting; or
(E) The requirements of Sec. 63.139 for closed vent systems for
control of emissions from in-process equipment subject to Sec. 63.149,
including applicable monitoring, recordkeeping, and reporting.
(f) The owner or operator of an existing source may elect to control
some of the emission points within the source to different levels than
specified under Secs. 63.113 through 63.148 of this subpart by using an
emissions averaging compliance approach as long as the overall emissions
for the source do not exceed the emission level specified in paragraph
(a) of this section. The owner or operator using emissions averaging
must meet the requirements in paragraphs (f)(1) and (f)(2) of this
section.
(1) Calculate emission debits and credits for those emission points
involved in the emissions average as specified in Sec. 63.150 of this
subpart; and
(2) Comply with the requirements of Sec. 63.151 and Sec. 63.152 of
this subpart, as applicable.
(g) A State may restrict the owner or operator of an existing source
to using only the procedures in paragraph (e) of this section to comply
with the emission standard in paragraph (a) of this section.
(h) Where the provisions of this subpart require a performance test,
waiver of that requirement shall be addressed only as provided in
Sec. 63.103(b)(5) of subpart F of this part.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2744, Jan. 17, 1997]
Sec. 63.113 Process vent provisions--reference control technology.
(a) The owner or operator of a Group 1 process vent as defined in
this subpart shall comply with the requirements of paragraph (a)(1),
(a)(2), or (a)(3) of this section.
(1) Reduce emissions of organic HAP using a flare.
(i) The flare shall comply with the requirements of Sec. 63.11(b) of
subpart A of this part.
(ii) Halogenated vent streams, as defined in Sec. 63.111 of this
subpart, shall not be vented to a flare.
(2) Reduce emissions of total organic hazardous air pollutants by 98
weight-percent or to a concentration of 20 parts per million by volume,
whichever is less stringent. For combustion devices, the emission
reduction or concentration shall be calculated on a dry basis, corrected
to 3-percent oxygen, and compliance can be determined by measuring
either organic hazardous air pollutants or total organic carbon using
the procedures in Sec. 63.116 of this subpart.
(i) Compliance with paragraph (a)(2) of this section may be achieved
by using any combination of combustion, recovery, and/or recapture
devices, except that a recovery device may not be used to comply with
paragraph (a)(2) of this section by reducing emissions of total organic
hazardous air pollutants by 98 weight-percent, except as provided in
paragraph (a)(2)(ii) of this section.
(ii) An owner or operator may use a recovery device, alone or in
combination with one or more combustion or recapture devices, to reduce
emissions of total organic hazardous air pollutants by 98 weight-percent
if all the conditions of paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(D)
of this section are met.
(A) The recovery device (and any combustion device or recapture
device which operates in combination with the recovery device to reduce
emissions of total organic hazardous air pollutants by 98 weight-
percent) was installed before the date of proposal of the subpart of
this part 63 that makes this subpart G applicable to process vents in
the chemical manufacturing process unit.
[[Page 150]]
(B) The recovery device that will be used to reduce emissions of
total organic hazardous air pollutants by 98 weight-percent is the last
recovery device before emission to the atmosphere.
(C) The recovery device, alone or in combination with one or more
combustion or recapture devices, is capable of reducing emissions of
total organic hazardous air pollutants by 98 weight-percent, but is not
capable of reliably reducing emissions of total organic hazardous air
pollutants to a concentration of 20 parts per million by volume.
(D) If the owner or operator disposed of the recovered material, the
recovery device would comply with the requirements of this subpart for
recapture devices.
(3) Achieve and maintain a TRE index value greater than 1.0 at the
outlet of the final recovery device, or prior to release of the vent
stream to the atmosphere if no recovery device is present. If the TRE
index value is greater than 1.0, the vent shall comply with the
provisions for a Group 2 process vent specified in either paragraph (d)
or (e) of this section, whichever is applicable.
(b) If a boiler or process heater is used to comply with the percent
reduction requirement or concentration limit specified in paragraph
(a)(2) of this section, then the vent stream shall be introduced into
the flame zone of such a device.
(c) Halogenated Group 1 process vent streams that are combusted
shall be controlled according to paragraph (c)(1) or (c)(2) of this
section.
(1) If a combustion device is used to comply with paragraph (a)(2)
of this section for a halogenated vent stream, then the vent stream
exiting the combustion device shall be ducted to a halogen reduction
device, including but not limited to a scrubber, before it is discharged
to the atmosphere.
(i) Except as provided in paragraph (c)(1)(ii) of this section, the
halogen reduction device shall reduce overall emissions of hydrogen
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99
percent or shall reduce the outlet mass of total hydrogen halides and
halogens to less than 0.45 kilogram per hour, whichever is less
stringent.
(ii) If a scrubber or other halogen reduction device was installed
prior to December 31, 1992, the device shall reduce overall emissions of
hydrogen halides and halogens, as defined in Sec. 63.111 of this
subpart, by 95 percent or shall reduce the outlet mass of total hydrogen
halides and halogens to less than 0.45 kilograms per hour, whichever is
less stringent.
(2) A halogen reduction device, such as a scrubber or other
technique, may be used to reduce the vent stream halogen atom mass
emission rate to less than 0.45 kilogram per hour prior to any
combustion control device, and thus make the vent stream nonhalogenated;
the vent stream must comply with the requirements of paragraph (a)(1) or
(a)(2) of this section.
(d) The owner or operator of a Group 2 process vent having a flow
rate greater than or equal to 0.005 standard cubic meter per minute, a
HAP concentration greater than or equal to 50 parts per million by
volume, and a TRE index value greater than 1.0 but less than or equal to
4.0 shall maintain a TRE index value greater than 1.0 and shall comply
with the monitoring of recovery device parameters in Sec. 63.114(b) or
(c) of this subpart, the TRE index calculations of Sec. 63.115 of this
subpart, and the applicable reporting and recordkeeping provisions of
Secs. 63.117 and 63.118 of this subpart. Such owner or operator is not
subject to any other provisions of Secs. 63.114 through 63.118 of this
subpart.
(e) The owner or operator of a Group 2 process vent with a TRE index
greater than 4.0 shall maintain a TRE index value greater than 4.0,
comply with the provisions for calculation of TRE index in Sec. 63.115
of this subpart and the reporting and recordkeeping provisions in
Sec. 63.117(b) of this subpart, Sec. 63.118(c) of this subpart, and
Sec. 63.118(h) of this subpart, and is not subject to monitoring or any
other provisions of Secs. 63.114 through 63.118 of this subpart.
(f) The owner or operator of a Group 2 process vent with a flow rate
less than 0.005 standard cubic meter per minute shall maintain a flow
rate less than 0.005 standard cubic meter per
[[Page 151]]
minute; comply with the Group determination procedures in Sec. 63.115
(a), (b), and (e) of this subpart; and the reporting and recordkeeping
requirements in Sec. 63.117(c) of this subpart, Sec. 63.118(d) of this
subpart, and Sec. 63.118(i) of this subpart; and is not subject to
monitoring or any other provisions of Secs. 63.114 through 63.118 of
this subpart.
(g) The owner or operator of a Group 2 process vent with a
concentration less than 50 parts per million by volume shall maintain a
concentration less than 50 parts per million by volume; comply with the
Group determination procedures in Sec. 63.115 (a), (c), and (e) of this
subpart; the reporting and recordkeeping requirements in Sec. 63.117(d)
of this subpart, Sec. 63.118(e) of this subpart, and Sec. 63.118(j) of
this subpart; and is not subject to monitoring or any other provisions
of Secs. 63.114 through 63.118 of this subpart.
(h) The owner or operator of a process vent complying with paragraph
(a)(1) or (a)(2) of this section is not required to perform the group
determination described in Sec. 63.115 of this subpart.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997]
Sec. 63.114 Process vent provisions--monitoring requirements.
(a) Each owner or operator of a process vent that uses a combustion
device to comply with the requirements in Sec. 63.113 (a)(1) or (a)(2)
of this subpart, or that uses a recovery device or recapture device to
comply with the requirements in Sec. 63.113(a)(2) of this subpart, shall
install monitoring equipment specified in paragraph (a)(1), (a)(2),
(a)(3), (a)(4), or (a)(5) of this section, depending on the type of
device used. All monitoring equipment shall be installed, calibrated,
maintained, and operated according to manufacturer's specifications or
other written procedures that provide adequate assurance that the
equipment would reasonably be expected to monitor accurately.
(1) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
(i) Where an incinerator other than a catalytic incinerator is used,
a temperature monitoring device shall be installed in the firebox or in
the ductwork immediately downstream of the firebox in a position before
any substantial heat exchange occurs.
(ii) Where a catalytic incinerator is used, temperature monitoring
devices shall be installed in the gas stream immediately before and
after the catalyst bed.
(2) Where a flare is used, the following monitoring equipment is
required: A device (including but not limited to a thermocouple, ultra-
violet beam sensor, or infrared sensor) capable of continuously
detecting the presence of a pilot flame.
(3) Where a boiler or process heater of less than 44 megawatts
design heat input capacity is used, the following monitoring equipment
is required: A temperature monitoring device in the firebox equipped
with a continuous recorder. Any boiler or process heater in which all
vent streams are introduced with primary fuel or are used as the primary
fuel is exempt from this requirement.
(4) Where a scrubber is used with an incinerator, boiler, or process
heater in the case of halogenated vent streams, the following monitoring
equipment is required for the scrubber.
(i) A pH monitoring device equipped with a continuous recorder shall
be installed to monitor the pH of the scrubber effluent.
(ii) A flow meter equipped with a continuous recorder shall be
located at the scrubber influent for liquid flow. Gas stream flow shall
be determined using one of the procedures specified in paragraphs
(a)(4)(ii)(A) through (a)(4)(ii)(C) of this section.
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart
specified in Sec. 63.100(k) of subpart F of this part, the owner or
operator may determine gas stream flow by the method that had been
utilized to comply with those regulations. A determination that was
conducted prior to the compliance date for this subpart
[[Page 152]]
may be utilized to comply with this subpart if it is still
representative.
(C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method which will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method which will at least provide
a value for either a representative or the highest gas stream flow
anticipated in the scrubber during representative operating conditions
other than start-ups, shutdowns, or malfunctions. The plan shall include
a description of the methodology to be followed and an explanation of
how the selected methodology will reliably determine the gas stream
flow, and a description of the records that will be maintained to
document the determination of gas stream flow. The owner or operator
shall maintain the plan as specified in Sec. 63.103(c).
(5) Where a recovery device or recapture device is used to comply
with the requirements of Sec. 63.113(a)(2) of this subpart, the owner or
operator shall utilize the appropriate monitoring device identified in
paragraph (b), (b)(1), (b)(2), or (b)(3) of this section.
(b) Each owner or operator of a process vent with a TRE index value
greater than 1.0 as specified under Sec. 63.113(a)(3) or Sec. 63.113(d)
of this subpart that uses one or more recovery devices shall install
either an organic monitoring device equipped with a continuous recorder
or the monitoring equipment specified in paragraph (b)(1), (b)(2), or
(b)(3) of this section, depending on the type of recovery device used.
All monitoring equipment shall be installed, calibrated, and maintained
according to the manufacturer's specifications or other written
procedures that provide adequate assurance that the equipment would
reasonably be expected to monitor accurately. Monitoring is not required
for process vents with TRE index values greater than 4.0 as specified in
Sec. 63.113(e) of this subpart.
(1) Where an absorber is the final recovery device in the recovery
system, a scrubbing liquid temperature monitoring device and a specific
gravity monitoring device, each equipped with a continuous recorder
shall be used;
(2) Where a condenser is the final recovery device in the recovery
system, a condenser exit (product side) temperature monitoring device
equipped with a continuous recorder shall be used;
(3) Where a carbon adsorber is the final recovery device in the
recovery system, an integrating regeneration stream flow monitoring
device having an accuracy of 10 percent or better, capable
of recording the total regeneration stream mass or volumetric flow for
each regeneration cycle; and a carbon bed temperature monitoring device,
capable of recording the carbon bed temperature after each regeneration
and within 15 minutes of completing any cooling cycle shall be used.
(c) An owner or operator of a process vent may request approval to
monitor parameters other than those listed in paragraph (a) or (b) of
this section. The request shall be submitted according to the procedures
specified in Sec. 63.151(f) or Sec. 63.152(e) of this subpart. Approval
shall be requested if the owner or operator:
(1) Uses a combustion device other than an incinerator, boiler,
process heater, or flare; or
(2) Maintains a TRE greater than 1.0 but less than or equal to 4.0
without a recovery device or with a recovery device other than the
recovery devices listed in paragraphs (a) and (b) of this section; or
(3) Uses one of the combustion or recovery or recapture devices
listed in paragraphs (a) and (b) of this section, but seeks to monitor a
parameter other than those specified in paragraphs (a) and (b) of this
section.
(d) The owner or operator of a process vent using a vent system that
contains bypass lines that could divert a vent stream away from the
control device used to comply with Sec. 63.113 (a)(1) or (a)(2) of this
subpart shall comply with paragraph (d)(1) or (d)(2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, and pressure relief valves needed for safety
purposes are not subject to this paragraph.
(1) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. Records shall be
generated as specified
[[Page 153]]
in Sec. 63.118(a)(3) of this subpart. The flow indicator shall be
installed at the entrance to any bypass line that could divert the vent
stream away from the control device to the atmosphere; or
(2) Secure the bypass line valve in the non-diverting position with
a car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism shall be performed at least once every
month to ensure that the valve is maintained in the non-diverting
position and the vent stream is not diverted through the bypass line.
(e) The owner or operator shall establish a range that indicates
proper operation of the control or recovery device for each parameter
monitored under paragraphs (a), (b), and (c) of this section. In order
to establish the range, the information required in Sec. 63.152(b) of
this subpart shall be submitted in the Notification of Compliance Status
or the operating permit application or amendment. The range may be based
upon a prior performance test conducted for determining compliance with
a regulation promulgated by the EPA, and the owner or operator is not
required to conduct a performance test under Sec. 63.116 of this
subpart, if the prior performance test was conducted using the same
methods specified in Sec. 63.116 and either no process changes have been
made since the test, or the owner or operator can demonstrate that the
results of the performance test, with or without adjustments, reliably
demonstrate compliance despite process changes.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997]
Sec. 63.115 Process vent provisions--methods and procedures for process vent group determination.
(a) For purposes of determining process vent stream flow rate, total
organic hazardous air pollutants or total organic carbon concentration
or TRE index value, as specified under paragraph (b), (c), or (d) of
this section, the sampling site shall be after the last recovery device
(if any recovery devices are present) but prior to the inlet of any
control device that is present and prior to release to the atmosphere.
(1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling site.
(2) No traverse site selection method is needed for vents smaller
than 0.10 meter in diameter.
(b) To demonstrate that a process vent stream flow rate is less than
0.005 standard cubic meter per minute in accordance with the Group 2
process vent definition of this subpart, the owner or operator shall
measure flow rate by the following procedures:
(1) The sampling site shall be selected as specified in paragraph
(a) of this section.
(2) The gas volumetric flow rate shall be determined using Method 2,
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
(c) Each owner or operator seeking to demonstrate that a process
vent stream has an organic HAP concentration below 50 parts per million
by volume in accordance with the Group 2 process vent definition of this
subpart shall measure either total organic HAP or TOC concentration
using the following procedures:
(1) The sampling site shall be selected as specified in paragraph
(a) of this section.
(2) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be
used to measure concentration; alternatively, any other method or data
that has been validated according to the protocol in Method 301 of
appendix A of this part may be used.
(3) Where Method 18 of 40 CFR part 60, appendix A is used, the
following procedures shall be used to calculate parts per million by
volume concentration:
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or four grab samples shall be taken. If grab
sampling is used, then the samples shall be taken at approximately equal
intervals in time, such as 15 minute intervals during the run.
(ii) The concentration of either TOC (minus methane and ethane) or
organic HAP shall be calculated according to paragraph (c)(3)(ii)(A) or
(c)(3)(ii)(B) of this section as applicable.
(A) The TOC concentration (CTOC) is the sum of the
concentrations of the
[[Page 154]]
individual components and shall be computed for each run using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.201
where:
CTOC=Concentration of TOC (minus methane and ethane), dry
basis, parts per million by volume.
Cji=Concentration of sample component j of the sample i, dry
basis, parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.
(B) The total organic HAP concentration (CHAP) shall be
computed according to the equation in paragraph (c)(3)(ii)(A) of this
section except that only the organic HAP species shall be summed. The
list of organic HAP's is provided in table 2 of subpart F of this part.
(4) Where Method 25A of 40 CFR part 60, appendix A is used, the
following procedures shall be used to calculate parts per million by
volume TOC concentration:
(i) Method 25A of 40 CFR part 60, appendix A shall be used only if a
single organic HAP compound is greater than 50 percent of total organic
HAP, by volume, in the process vent stream.
(ii) The process vent stream composition may be determined by either
process knowledge, test data collected using an appropriate EPA method
or a method or data validated according to the protocol in Method 301 of
appendix A of this part. Examples of information that could constitute
process knowledge include calculations based on material balances,
process stoichiometry, or previous test results provided the results are
still relevant to the current process vent stream conditions.
(iii) The organic HAP used as the calibration gas for Method 25A of
40 CFR part 60, appendix A shall be the single organic HAP compound
present at greater than 50 percent of the total organic HAP by volume.
(iv) The span value for Method 25A of 40 CFR part 60, appendix A
shall be 50 parts per million by volume.
(v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if
the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(vi) The owner or operator shall demonstrate that the concentration
of TOC including methane and ethane measured by Method 25A of 40 CFR
part 60, appendix A is below 25 parts per million by volume to be
considered a Group 2 vent with an organic HAP concentration below 50
parts per million by volume and to qualify for the low concentration
exclusion in Sec. 63.113(g) of this subpart.
(d) To determine the TRE index value, the owner or operator shall
conduct a TRE determination and calculate the TRE index value according
to the procedures in paragraph (d)(1) or (d)(2) of this section and the
TRE equation in paragraph (d)(3) of this section.
(1) Engineering assessment may be used to determine process vent
stream flow rate, net heating value, TOC emission rate, and total
organic HAP emission rate for the representative operating condition
expected to yield the lowest TRE index value.
(i) If the TRE value calculated using such engineering assessment
and the TRE equation in paragraph (d)(3) of this section is greater than
4.0, then the owner or operator is not required to perform the
measurements specified in paragraph (d)(2) of this section.
(ii) If the TRE value calculated using such engineering assessment
and the TRE equation in paragraph (d)(3) of this section is less than or
equal to 4.0, then the owner or operator is required to perform the
measurements specified in paragraph (d)(2) of this section for group
determination or consider the process vent a Group 1 vent and comply
with the emission reduction specified in Sec. 63.113(a) of this subpart.
(iii) Engineering assessment includes, but is not limited to, the
following:
(A) Previous test results provided the tests are representative of
current operating practices at the process unit.
[[Page 155]]
(B) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(C) Maximum flow rate, TOC emission rate, organic HAP emission rate,
or net heating value limit specified or implied within a permit limit
applicable to the process vent.
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances based on process stoichiometry to
estimate maximum organic HAP concentrations,
(2) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities,
(3) Estimation of TOC or organic HAP concentrations based on
saturation conditions,
(4) Estimation of maximum expected net heating value based on the
stream concentration of each organic compound or, alternatively, as if
all TOC in the stream were the compound with the highest heating value.
(E) All data, assumptions, and procedures used in the engineering
assessment shall be documented.
(2) Except as provided in paragraph (d)(1) of this section, process
vent stream flow rate, net heating value, TOC emission rate, and total
organic HAP emission rate shall be measured and calculated according to
the procedures in paragraphs (d)(2)(i) through (d)(2)(v) of this section
and used as input to the TRE index value calculation in paragraph (d)(3)
of this section.
(i) The vent stream volumetric flow rate (Qs), in
standard cubic meters per minute at 20 deg.C, shall be determined using
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
If the vent stream tested passes through a final steam jet ejector and
is not condensed, the stream volumetric flow shall be corrected to 2.3
percent moisture.
(ii) The molar composition of the process vent stream, which is used
to calculate net heating value, shall be determined using the following
methods:
(A) Method 18 of 40 CFR part 60, appendix A to measure the
concentration of each organic compound.
(B) American Society for Testing and Materials D1946-77 to measure
the concentration of carbon monoxide and hydrogen.
(C) Method 4 of 40 CFR part 60, appendix A to measure the moisture
content of the stack gas.
(iii) The net heating value of the vent stream shall be calculated
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.202
where:
HT=Net heating value of the sample, megaJoule per standard
cubic meter, where the net enthalpy per mole of vent stream is based on
combustion at 25 deg.C and 760 millimeters of mercury, but the standard
temperature for determining the volume corresponding to one mole is 20
deg.C, as in the definition of Qs (vent stream flow rate).
Kl=Constant, 1.740 x 10-7 (parts per
million)-1 (gram-mole per standard cubic meter) (megaJoule
per kilocalorie), where standard temperature for (gram-mole per standard
cubic meter) is 20 deg.C.
Bws=Water vapor content of the vent stream, proportion by
volume; except that if the vent stream passes through a final steam jet
and is not condensed, it shall be assumed that Bws=0.023 in
order to correct to 2.3 percent moisture.
Cj=Concentration on a dry basis of compound j in parts per
million, as measured for all organic compounds by Method 18 of 40 CFR
part 60, appendix A and measured for hydrogen and carbon monoxide by
American Society for Testing and Materials D1946-77 as indicated in
paragraph (d)(2)(ii) of this section.
Hj=Net heat of combustion of compound j, kilocalorie per
gram-mole, based on combustion at 25 deg.C and 760 millimeters mercury.
The heats of combustion of vent stream components shall be determined
using American Society for Testing and Materials D2382-76 if published
[[Page 156]]
values are not available or cannot be calculated.
(iv) The emission rate of TOC (minus methane and ethane)
(ETOC) and the emission rate of total organic HAP
(EHAP) in the vent stream shall both be calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.203
where:
E=Emission rate of TOC (minus methane and ethane) or emission rate of
total organic HAP in the sample, kilograms per hour.
K2=Constant, 2.494 x 10-6 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minutes/hour), where standard temperature for (gram-mole per
standard cubic meter) is 20 deg.C.
Cj=Concentration on a dry basis of organic compound j in
parts per million as measured by Method 18 of 40 CFR part 60, appendix A
as indicated in paragraph (d)(2)(ii) of this section. If the TOC
emission rate is being calculated, Cj includes all organic
compounds measured minus methane and ethane; if the total organic HAP
emission rate is being calculated, only organic HAP compounds listed in
table 2 in subpart F of this part are included.
Mj=Molecular weight of organic compound j, gram/gram-mole.
Qs=Vent stream flow rate, dry standard cubic meter per
minute, at a temperature of 20 deg.C.
(v) In order to determine whether a vent stream is halogenated, the
mass emission rate of halogen atoms contained in organic compounds shall
be calculated.
(A) The vent stream concentration of each organic compound
containing halogen atoms (parts per million by volume, by compound)
shall be determined based on the following procedures:
(1) Process knowledge that no halogen or hydrogen halides are
present in the process, or
(2) Applicable engineering assessment as discussed in paragraph
(d)(1)(iii) of this section, or
(3) Concentration of organic compounds containing halogens measured
by Method 18 of 40 CFR part 60, appendix A, or
(4) Any other method or data that has been validated according to
the applicable procedures in Method 301 of appendix A of this part.
(B) The following equation shall be used to calculate the mass
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR22AP94.204
where:
E=mass of halogen atoms, dry basis, kilogram per hour.
K2=Constant, 2.494 x 10-6 (parts per
million)-1 (kilogram-mole per standard cubic meter) (minute/
hour), where standard temperature is 20 deg.C.
Cj=Concentration of halogenated compound j in the gas stream,
dry basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the
gas stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas
stream.
Q=Flow rate of gas stream, dry standard cubic meters per minute,
determined according to paragraph (d)(1) or (d)(2)(i) of this section.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.
(3) The owner or operator shall calculate the TRE index value of the
vent stream using the equations and procedures in this paragraph.
(i) The equation for calculating the TRE index for a vent stream
controlled by a flare or incinerator is as follows:
[[Page 157]]
[GRAPHIC] [TIFF OMITTED] TR22AP94.205
where:
TRE=TRE index value.
EHAP=Hourly emission rate of total organic HAP, kilograms per
hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of this section.
Qs=Vent stream flow rate, standard cubic meters per minute,
at a standard temperature of 20 deg.C, as calculated in paragraph
(d)(1) or (d)(2)(i) of this section.
HT=Vent stream net heating value, megaJoules per standard
cubic meter, as calculated in paragraph (d)(1) or (d)(2)(iii) of this
section.
ETOC=Emission rate of TOC (minus methane and ethane),
kilograms per hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of
this section.
a,b,c,d=Coefficients presented in table 1 of this subpart, selected in
accordance with paragraphs (d)(3)(ii) and (iii) of this section.
(ii) The owner or operator of a nonhalogenated vent stream shall
calculate the TRE index value based on the use of a flare, a thermal
incinerator with 0 percent heat recovery, and a thermal incinerator with
70 percent heat recovery and shall select the lowest TRE index value.
The owner or operator shall use the applicable coefficients in table 1
of this subpart for nonhalogenated vent streams located within existing
sources and the applicable coefficients in table 2 of this subpart for
nonhalogenated vent streams located within new sources.
(iii) The owner or operator of a halogenated vent stream shall
calculate the TRE index value based on the use of a thermal incinerator
with 0 percent heat recovery, and a scrubber. The owner or operator
shall use the applicable coefficients in table 1 of this subpart for
halogenated vent streams located within existing sources and the
applicable coefficients in table 2 of this subpart for halogenated vent
streams located within new sources.
(e) The owner or operator of a Group 2 process vent shall
recalculate the TRE index value, flow, or organic hazardous air
pollutants concentration for each process vent, as necessary to
determine whether the vent is Group 1 or Group 2, whenever process
changes are made that could reasonably be expected to change the vent to
a Group 1 vent. Examples of process changes include, but are not limited
to, changes in production capacity, production rate, feedstock type, or
catalyst type, or whenever there is replacement, removal, or addition of
recovery equipment. For purposes of this paragraph, process changes do
not include: Process upsets; unintentional, temporary process changes;
and changes that are within the range on which the original TRE
calculation was based.
(1) The TRE index value, flow rate, or organic HAP concentration
shall be recalculated based on measurements of vent stream flow rate,
TOC, and organic HAP concentrations, and heating values as specified in
Sec. 63.115 (a), (b), (c), and (d) of this subpart, as applicable, or on
best engineering assessment of the effects of the change. Engineering
assessments shall meet the specifications in paragraph (d)(1) of this
section.
(2) Where the recalculated TRE index value is less than or equal to
1.0, or less than or equal to 4.0 but greater than 1.0, the recalculated
flow rate is greater than or equal to 0.005 standard cubic meter per
minute, or the recalculated concentration is greater than or equal to 50
parts per million by volume, the owner or operator shall submit a report
as specified in Sec. 63.118 (g), (h), (i), or (j) of this subpart and
shall comply with the appropriate provisions in Sec. 63.113 of this
subpart by the dates specified in Sec. 63.100 of subpart F of this part.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997]
Sec. 63.116 Process vent provisions--performance test methods and procedures to determine compliance.
(a) When a flare is used to comply with Sec. 63.113(a)(1) of this
subpart, the
[[Page 158]]
owner or operator shall comply with the flare provisions in
Sec. 63.11(b) of subpart A of this part.
(1) The compliance determination shall be conducted using Method 22
of 40 CFR part 60, appendix A, to determine visible emissions.
(2) An owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic HAP or
TOC concentration when a flare is used.
(b) An owner or operator is not required to conduct a performance
test when any control device specified in paragraphs (b)(1) through
(b)(5) of this section is used.
(1) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(2) A boiler or process heater into which the process vent stream is
introduced with the primary fuel or is used as the primary fuel.
(3) A control device for which a performance test was conducted for
determining compliance with a regulation promulgated by the EPA and the
test was conducted using the same methods specified in this section and
either no process changes have been made since the test, or the owner or
operator can demonstrate that the results of the performance test, with
or without adjustments, reliably demonstrate compliance despite process
changes.
(4) A boiler or process heater burning hazardous waste for which the
owner or operator:
(i) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H, or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
(5) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(c) Except as provided in paragraphs (a) and (b) of this section, an
owner or operator using a control device to comply with the organic HAP
concentration limit or percent reduction efficiency requirements in
Sec. 63.113(a)(2) of this subpart shall conduct a performance test using
the procedures in paragraphs (c)(1) through (c)(4) of this section. The
organic HAP concentration and percent reduction may be measured as
either total organic HAP or as TOC minus methane and ethane according to
the procedures specified.
(1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites.
(i) For determination of compliance with the 98 percent reduction of
total organic HAP requirement of Sec. 63.113(a)(2) of this subpart,
sampling sites shall be located at the inlet of the control device as
specified in paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section,
and at the outlet of the control device.
(A) The control device inlet sampling site shall be located after
the final product recovery device.
(B) If a process vent stream is introduced with the combustion air
or as a secondary fuel into a boiler or process heater with a design
capacity less than 44 megawatts, selection of the location of the inlet
sampling sites shall ensure the measurement of total organic HAP or TOC
(minus methane and ethane) concentrations in all process vent streams
and primary and secondary fuels introduced into the boiler or process
heater.
(ii) For determination of compliance with the 20 parts per million
by volume total organic HAP limit in Sec. 63.113(a)(2) of this subpart,
the sampling site shall be located at the outlet of the control device.
(2) The gas volumetric flow rate shall be determined using Method 2,
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
(3) To determine compliance with the 20 parts per million by volume
total organic HAP limit in Sec. 63.113(a)(2) of this subpart, the owner
or operator shall use Method 18 of 40 CFR part 60, appendix A to measure
either TOC minus methane and ethane or total organic HAP. Alternatively,
any other method or data that has been validated according to the
applicable procedures in Method 301 of appendix A of this part, may be
used. The following procedures shall be used to calculate parts per
[[Page 159]]
million by volume concentration, corrected to 3 percent oxygen:
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15 minute intervals
during the run.
(ii) The concentration of either TOC (minus methane or ethane) or
total organic HAP shall be calculated according to paragraph
(c)(3)(ii)(A) or (c)(3)(ii)(B) of this section.
(A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.206
where:
CTOC=Concentration of TOC (minus methane and ethane), dry
basis, parts per million by volume.
Cji=Concentration of sample components j of sample i, dry
basis, parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.
(B) The total organic HAP concentration (CHAP) shall be
computed according to the equation in paragraph (c)(3)(ii)(A) of this
section except that only the organic HAP species shall be summed. The
list of organic HAP's is provided in table 2 of subpart F of this part.
(iii) The concentration of TOC or total organic HAP shall be
corrected to 3 percent oxygen if a combustion device is the control
device.
(A) The emission rate correction factor or excess air, integrated
sampling and analysis procedures of Method 3B of 40 CFR part 60,
appendix A shall be used to determine the oxygen concentration
(%O2d). The samples shall be taken during the same time that
the TOC (minus methane or ethane) or total organic HAP samples are
taken.
(B) The concentration corrected to 3 percent oxygen (Cc)
shall be computed using either of the following equations:
[GRAPHIC] [TIFF OMITTED] TR22AP94.207
where:
Cc=Concentration of TOC or organic HAP corrected to 3 percent
oxygen, dry basis, parts per million by volume.
Cm=Concentration of TOC (minus methane and ethane) or organic
HAP, dry basis, parts per million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.
(4) To determine compliance with the 98 percent reduction
requirement of Sec. 63.113(a)(2) of this subpart, the owner or operator
shall use Method 18 of 40 CFR part 60, appendix A; alternatively, any
other method or data that has been validated according to the applicable
procedures in Method 301 of appendix A of this part may be used. The
following procedures shall be used to calculate percent reduction
efficiency:
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time such as 15 minute intervals during
the run.
(ii) The mass rate of either TOC (minus methane and ethane) or total
organic HAP (Ei, Eo) shall be computed.
(A) The following equations shall be used:
[GRAPHIC] [TIFF OMITTED] TR22AP94.208
[GRAPHIC] [TIFF OMITTED] TR22AP94.209
where:
Cij, Coj=Concentration of sample component j of
the gas stream at the inlet and outlet of the control device,
respectively, dry basis, parts per million by volume.
[[Page 160]]
Ei, Eo=Mass rate of TOC (minus methane and ethane)
or total organic HAP at the inlet and outlet of the control device,
respectively, dry basis, kilogram per hour.
Mij, Moj=Molecular weight of sample component j of
the gas stream at the inlet and outlet of the control device,
respectively, gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and
outlet of the control device, respectively, dry standard cubic meter per
minute.
K2=Constant, 2.494 x 10-6 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature (gram-mole per standard
cubic meter) is 20 deg.C.
(B) Where the mass rate of TOC is being calculated, all organic
compounds (minus methane and ethane) measured by Method 18 of 40 CFR
part 60, appendix A are summed using the equation in paragraph
(c)(4)(ii)(A) of this section.
(C) Where the mass rate of total organic HAP is being calculated,
only the organic HAP species shall be summed using the equation in
paragraph (c)(4)(ii)(A) of this section. The list of organic HAP's is
provided in table 2 of subpart F of this part.
(iii) The percent reduction in TOC (minus methane and ethane) or
total organic HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.210
where:
R=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) or total
organic HAP at the inlet to the control device as calculated under
paragraph (c)(4)(ii) of this section, kilograms TOC per hour or
kilograms organic HAP per hour.
Eo=Mass rate of TOC (minus methane and ethane) or total
organic HAP at the outlet of the control device, as calculated under
paragraph (c)(4)(ii) of this section, kilograms TOC per hour or
kilograms organic HAP per hour.
(iv) If the process vent stream entering a boiler or process heater
with a design capacity less than 44 megawatts is introduced with the
combustion air or as a secondary fuel, the weight-percent reduction of
total organic HAP or TOC (minus methane and ethane) across the device
shall be determined by comparing the TOC (minus methane and ethane) or
total organic HAP in all combusted vent streams and primary and
secondary fuels with the TOC (minus methane and ethane) or total organic
HAP exiting the combustion device, respectively.
(d) An owner or operator using a combustion device followed by a
scrubber or other halogen reduction device to control halogenated
process vent streams in compliance with Sec. 63.113(c)(1) shall conduct
a performance test to determine compliance with the control efficiency
or emission limits for hydrogen halides and halogens.
(1) For an owner or operator determining compliance with the percent
reduction of total hydrogen halides and halogens, sampling sites shall
be located at the inlet and outlet of the scrubber or other halogen
reduction device used to reduce halogen emissions. For an owner or
operator determining compliance with the less than 0.45 kilogram per
hour outlet emission limit for total hydrogen halides and halogens, the
sampling site shall be located at the outlet of the scrubber or other
halogen reduction device and prior to any releases to the atmosphere.
(2) Except as provided in paragraph (d)(5) of this section, Method
26 or Method 26A of 40 CFR part 60, appendix A, shall be used to
determine the concentration, in milligrams per dry standard cubic meter,
of total hydrogen halides and halogens that may be present in the vent
stream. The mass emissions of each hydrogen halide and halogen compound
shall be calculated from the measured concentrations and the gas stream
flow rate.
(3) To determine compliance with the percent removal efficiency, the
mass emissions for any hydrogen halides and halogens present at the
inlet of the scrubber or other halogen reduction device shall be summed
together. The mass emissions of the compounds
[[Page 161]]
present at the outlet of the scrubber or other halogen reduction device
shall be summed together. Percent reduction shall be determined by
comparison of the summed inlet and outlet measurements.
(4) To demonstrate compliance with the less than 0.45 kilogram per
hour outlet emission limit, the test results must show that the mass
emission rate of total hydrogen halides and halogens measured at the
outlet of the scrubber or other halogen reduction device is below 0.45
kilogram per hour.
(5) The owner or operator may use any other method to demonstrate
compliance if the method or data has been validated according to the
applicable procedures of Method 301 of appendix A of this part.
(e) An owner or operator using a scrubber or other halogen reduction
device to reduce the vent stream halogen atom mass emission rate to less
than 0.45 kilogram per hour prior to a combustion control device in
compliance with Sec. 63.113(c)(2) of this subpart shall determine the
halogen atom mass emission rate prior to the combustor according to the
procedures in Sec. 63.115(d)(2)(v) of this subpart.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997]
Sec. 63.117 Process vent provisions--reporting and recordkeeping requirements for group and TRE determinations and performance tests.
(a) Each owner or operator subject to the control provisions for
Group 1 vent streams in Sec. 63.113(a) of this subpart or the provisions
for Group 2 vent streams with a TRE index value greater than 1.0 but
less than or equal to 4.0 in Sec. 63.113(d) of this subpart shall:
(1) Keep an up-to-date, readily accessible record of the data
specified in paragraphs (a)(4) through (a)(8) of this section, as
applicable, and
(2) Include the data in paragraphs (a)(4) through (a)(8) of this
section in the Notification of Compliance Status report as specified in
Sec. 63.152(b) of this subpart.
(3) If any subsequent TRE determinations or performance tests are
conducted after the Notification of Compliance Status has been
submitted, report the data in paragraphs (a)(4) through (a)(8) of this
section in the next Periodic Report as specified in Sec. 63.152(c) of
this subpart.
(4) Record and report the following when using a combustion device
to achieve a 98 weight percent reduction in organic HAP or an organic
HAP concentration of 20 parts per million by volume, as specified in
Sec. 63.113(a)(2) of this subpart:
(i) The parameter monitoring results for incinerators, catalytic
incinerators, boilers or process heaters specified in table 3 of this
subpart, and averaged over the same time period of the performance
testing.
(ii) For an incinerator, the percent reduction of organic HAP or TOC
achieved by the incinerator determined as specified in Sec. 63.116(c) of
this subpart, or the concentration of organic HAP or TOC (parts per
million by volume, by compound) determined as specified in
Sec. 63.116(c) of this subpart at the outlet of the incinerator on a dry
basis corrected to 3 percent oxygen.
(iii) For a boiler or process heater, a description of the location
at which the vent stream is introduced into the boiler or process
heater.
(iv) For a boiler or process heater with a design heat input
capacity of less than 44 megawatts and where the process vent stream is
introduced with combustion air or used as a secondary fuel and is not
mixed with the primary fuel, the percent reduction of organic HAP or
TOC, or the concentration of organic HAP or TOC (parts per million by
volume, by compound) determined as specified in Sec. 63.116(c) of this
subpart at the outlet of the combustion device on a dry basis corrected
to 3 percent oxygen.
(5) Record and report the following when using a flare to comply
with Sec. 63.113(a)(1) of this subpart:
(i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
(ii) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during the
compliance determination required by Sec. 63.116(a) of this subpart; and
(iii) All periods during the compliance determination when the pilot
flame is absent.
[[Page 162]]
(6) Record and report the following when using a scrubber following
a combustion device to control a halogenated process vent stream:
(i) The percent reduction or scrubber outlet mass emission rate of
total hydrogen halides and halogens as specified in Sec. 63.116(d) of
this subpart;
(ii) The pH of the scrubber effluent; and
(iii) The scrubber liquid to gas ratio.
(7) Record and report the following when achieving and maintaining a
TRE index value greater than 1.0 but less than 4.0 as specified in
Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart:
(i) The parameter monitoring results for absorbers, condensers, or
carbon adsorbers, as specified in table 4 of this subpart, and averaged
over the same time period of the measurements of vent stream flow rate
and concentration used in the TRE determination (both measured while the
vent stream is normally routed and constituted), and
(ii) The measurements and calculations performed to determine the
TRE index value of the vent stream.
(8) Record and report the halogen concentration in the process vent
stream determined according to the procedures specified in
Sec. 63.115(d)(2)(v) of this subpart.
(b) The owner or operator of a Group 2 process vent with a TRE index
greater than 4.0 as specified in Sec. 63.113(e) of this subpart, shall
maintain records and submit as part of the Notification of Compliance
Status specified in Sec. 63.152 of this subpart, measurements,
engineering assessments, and calculations performed to determine the TRE
index value of the vent stream. Documentation of engineering assessments
shall include all data, assumptions, and procedures used for the
engineering assessments, as specified in Sec. 63.115(d)(1) of this
subpart.
(c) Each owner or operator who elects to demonstrate that a process
vent is a Group 2 process vent based on a flow rate less than 0.005
standard cubic meter per minute must submit to the Administrator the
flow rate measurement using methods and procedures specified in
Sec. 63.115 (a) and (b) of this subpart with the Notification of
Compliance Status specified in Sec. 63.152 of this subpart.
(d) Each owner or operator who elects to demonstrate that a process
vent is a Group 2 process vent based on organic HAP or TOC concentration
less than 50 parts per million by volume must submit to the
Administrator an organic HAP or TOC concentration measurement using the
methods and procedures specified in Sec. 63.115 (a) and (c) of this
subpart with the Notification of Compliance Status specified in
Sec. 63.152 of this subpart.
(e) If an owner or operator uses a control or recovery device other
than those listed in tables 3 and 4 of this subpart or requests approval
to monitor a parameter other than those specified in tables 3 and 4 of
this subpart, the owner or operator shall submit a description of
planned reporting and recordkeeping procedures as required under
Sec. 63.151(f) or Sec. 63.152(e) of this subpart. The Administrator will
specify appropriate reporting and recordkeeping requirements as part of
the review of the permit application or by other appropriate means.
(f) For each parameter monitored according to tables 3 or 4 of this
subpart or paragraph (e) of this section, the owner or operator shall
establish a range for the parameter that indicates proper operation of
the control or recovery device. In order to establish the range, the
information required in Sec. 63.152(b) of this subpart shall be
submitted in the Notification of Compliance Status or the operating
permit application or amendment.
[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996]
Sec. 63.118 Process vent provisions--periodic reporting and recordkeeping requirements.
(a) Each owner or operator using a control device to comply with
Sec. 63.113 (a)(1) or (a)(2) of this subpart shall keep the following
records up-to-date and readily accessible:
(1) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.114(a) of this subpart and
listed in table 3 of this subpart or specified by the Administrator in
accordance with Sec. 63.114(c) and Sec. 63.117(e) of this subpart. For
flares,
[[Page 163]]
the hourly records and records of pilot flame outages specified in table
3 of this subpart shall be maintained in place of continuous records.
(2) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.152(f). For flares, records of the times
and duration of all periods during which all pilot flames are absent
shall be kept rather than daily averages.
(3) Hourly records of whether the flow indicator specified under
Sec. 63.114(d)(1) of this subpart was operating and whether flow was
detected at any time under the hour, as well as records of the times and
durations of all periods when the vent stream is diverted from the
control device or the monitor is not operating.
(4) Where a seal mechanism is used to comply with Sec. 63.114(d)(2)
of this subpart, hourly records of flow are not required. In such cases,
the owner or operator shall record that the monthly visual inspection of
the seals or closure mechanism has been done, and shall record the
duration of all periods when the seal mechanism is broken, the bypass
line valve position has changed, or the key for a lock-and-key type lock
has been checked out, and records of any car-seal that has broken.
(b) Each owner or operator using a recovery device or other means to
achieve and maintain a TRE index value greater than 1.0 but less than
4.0 as specified in Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart
shall keep the following records up-to-date and readily accessible:
(1) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.114(b) of this subpart and
listed in table 4 of this subpart or specified by the Administrator in
accordance with Sec. 63.114(c) of this subpart and Sec. 63.114(e) of
this subpart and
(2) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.152(f). If carbon adsorber regeneration
stream flow and carbon bed regeneration temperature are monitored, the
records specified in table 4 of this subpart shall be kept instead of
the daily averages.
(c) Each owner or operator subject to the provisions of this subpart
and who elects to demonstrate compliance with the TRE index value
greater than 4.0 under Sec. 63.113(e) of this subpart or greater than
1.0 under Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart shall keep
up-to-date, readily accessible records of:
(1) Any process changes as defined in Sec. 63.115(e) of this
subpart; and
(2) Any recalculation of the TRE index value pursuant to
Sec. 63.115(e) of this subpart.
(d) Each owner or operator who elects to comply by maintining a flow
rate less than 0.005 standard cubic meter per minute under
Sec. 63.113(f) of this subpart, shall keep up-to-date, readily
accessible records of:
(1) Any process changes as defined in Sec. 63.115(e) of this subpart
that increase the vent stream flow rate,
(2) Any recalculation or measurement of the flow rate pursuant to
Sec. 63.115(e) of this subpart, and
(3) If the flow rate increases to 0.005 standard cubic meter per
minute or greater as a result of the process change, the TRE
determination performed according to the procedures of Sec. 63.115(d) of
this subpart.
(e) Each owner or operator who elects to comply by maintaining an
organic HAP concentration less than 50 parts per million by volume
organic HAP concentration under Sec. 63.113(g) of this subpart shall
keep up-to-date, readily accessible records of:
(1) Any process changes as defined in Sec. 63.115(e) of this subpart
that increase the organic HAP concentration of the process vent stream,
(2) Any recalculation or measurement of the concentration pursuant
to Sec. 63.115(e) of this subpart, and
(3) If the organic HAP concentration increases to 50 parts per
million by volume or greater as a result of the process change, the TRE
determination performed according to the procedures of Sec. 63.115(d) of
this subpart.
(f) Each owner or operator who elects to comply with the
requirements of Sec. 63.113 of this subpart shall submit to the
Administrator Periodic Reports of
[[Page 164]]
the following recorded information according to the schedule in
Sec. 63.152 of this subpart.
(1) Reports of daily average values of monitored parameters for all
operating days when the daily average values recorded under paragraphs
(a) and (b) of this section were outside the ranges established in the
Notification of Compliance Status or operating permit.
(2) For Group 1 points, reports of the duration of periods when
monitoring data is not collected for each excursion caused by
insufficient monitoring data as defined in Sec. 63.152(c)(2)(ii)(A) of
this subpart.
(3) Reports of the times and durations of all periods recorded under
paragraph (a)(3) of this section when the vent stream is diverted from
the control device through a bypass line.
(4) Reports of all periods recorded under paragraph (a)(4) of this
section in which the seal mechanism is broken, the bypass line valve
position has changed, or the key to unlock the bypass line valve was
checked out.
(5) Reports of the times and durations of all periods recorded under
paragraph (a)(2)(v) of this section in which all pilot flames of a flare
were absent.
(6) Reports of all carbon bed regeneration cycles during which the
parameters recorded under paragraph (b)(2)(v) of this section were
outside the ranges established in the Notification of Compliance Status
or operating permit.
(g) Whenever a process change, as defined in Sec. 63.115(e) of this
subpart, is made that causes a Group 2 process vent to become a Group 1
process vent, the owner or operator shall submit a report within 180
calendar days after the process change as specified in Sec. 63.151(j) of
this subpart. The report shall include:
(1) A description of the process change;
(2) The results of the recalculation of the flow rate, organic HAP
concentration, and TRE index value required under Sec. 63.115(e) of this
subpart and recorded under paragraph (c), (d), or (e) of this section;
and
(3) A statement that the owner or operator will comply with the
provisions of Sec. 63.113 of this subpart for Group 1 process vents by
the dates specified in subpart F of this part.
(h) Whenever a process change, as defined in Sec. 63.115(e) of this
subpart, is made that causes a Group 2 process vent with a TRE greater
than 4.0 to become a Group 2 process vent with a TRE less than 4.0, the
owner or operator shall submit a report within 180 calendar days after
the process change. The report may be submitted as part of the next
periodic report. The report shall include:
(1) A description of the process change,
(2) The results of the recalculation of the TRE index value required
under Sec. 63.115(e) of this subpart and recorded under paragraph (c) of
this section, and
(3) A statement that the owner or operator will comply with the
requirements specified in Sec. 63.113(d) of this subpart.
(i) Whenever a process change, as defined in Sec. 63.115(e) of this
subpart, is made that causes a Group 2 process vent with a flow rate
less than 0.005 standard cubic meter per minute to become a Group 2
process vent with a flow rate of 0.005 standard cubic meter per minute
or greater and a TRE index value less than or equal to 4.0, the owner or
operator shall submit a report within 180 calendar days after the
process change. The report may be submitted as part of the next periodic
report. The report shall include:
(1) A description of the process change,
(2) The results of the recalculation of the flow rate and the TRE
determination required under Sec. 63.115(e) of this subpart and recorded
under paragraph (d) of this section, and
(3) A statement that the owner or operator will comply with the
requirements specified in Sec. 63.113(d) of this subpart.
(j) Whenever a process change, as defined in Sec. 63.115(e) of this
subpart, is made that causes a Group 2 process vent with an organic HAP
concentration less than 50 parts per million by volume to become a Group
2 process vent with an organic HAP concentration of 50 parts per million
by volume or greater and a TRE index value less than or equal to 4.0,
the owner or operator shall submit a report within 180
[[Page 165]]
calendar days after the process change. The report may be submitted as
part of the next periodic report. The report shall include:
(1) A description of the process change,
(2) The results of the recalculation of the organic HAP
concentration and the TRE determination required under Sec. 63.115(e) of
this subpart and recorded under paragraph (e) of this section, and
(3) A statement that the owner or operator will comply with the
requirements specified in Sec. 63.113(d) of this subpart.
(k) The owner or operator is not required to submit a report of a
process change if one of the conditions listed in paragraph (k)(1),
(k)(2), (k)(3), or (k)(4) of this section is met.
(1) The process change does not meet the definition of a process
change in Sec. 63.115(e) of this subpart, or
(2) The vent stream flow rate is recalculated according to
Sec. 63.115(e) of this subpart and the recalculated value is less than
0.005 standard cubic meter per minute, or
(3) The organic HAP concentration of the vent stream is recalculated
according to Sec. 63.115(e) of this subpart and the recalculated value
is less than 50 parts per million by volume, or
(4) The TRE index value is recalculated according to Sec. 63.115(e)
of this subpart and the recalculated value is greater than 4.0.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997]
Sec. 63.119 Storage vessel provisions--reference control technology.
(a) For each storage vessel to which this subpart applies, the owner
or operator shall comply with the requirements of paragraphs (a)(1),
(a)(2), (a)(3), and (a)(4) of this section according to the schedule
provisions of Sec. 63.100 of subpart F of this part.
(1) For each Group 1 storage vessel (as defined in table 5 of this
subpart for existing sources and table 6 for new sources) storing a
liquid for which the maximum true vapor pressure of the total organic
hazardous air pollutants in the liquid is less than 76.6 kilopascals,
the owner or operator shall reduce hazardous air pollutants emissions to
the atmosphere either by operating and maintaining a fixed roof and
internal floating roof, an external floating roof, an external floating
roof converted to an internal floating roof, or a closed vent system and
control device, or routing the emissions to a process or a fuel gas
system in accordance with the requirements in paragraph (b), (c), (d),
(e), or (f) of this section, or equivalent as provided in Sec. 63.121 of
this subpart.
(2) For each Group 1 storage vessel (as defined in table 5 of this
subpart for existing sources and table 6 of this subpart for new
sources) storing a liquid for which the maximum true vapor pressure of
the total organic hazardous air pollutants in the liquid is greater than
or equal to 76.6 kilopascals, the owner or operator shall operate and
maintain a closed vent system and control device meeting the
requirements specified in paragraph (e) of this section, or route the
emissions to a process or a fuel gas system as specified in paragraph
(f) of this section, or equivalent as provided in Sec. 63.121 of this
subpart.
(3) For each Group 2 storage vessel that is not part of an emissions
average as described in Sec. 63.150 of this subpart, the owner or
operator shall comply with the recordkeeping requirement in
Sec. 63.123(a) of this subpart and is not required to comply with any
other provisions in Secs. 63.119 through 63.123 of this subpart.
(4) For each Group 2 storage vessel that is part of an emissions
average, the owner or operator shall comply with the emissions averaging
provisions in Sec. 63.150 of this subpart.
(b) The owner or operator who elects to use a fixed roof and an
internal floating roof, as defined in Sec. 63.111 of this subpart, to
comply with the requirements of paragraph (a)(1) of this section shall
comply with the requirements specified in paragraphs (b)(1) through
(b)(6) of this section.
Note: The intent of paragraphs (b)(1) and (b)(2) of this section is
to avoid having a vapor space between the floating roof and the stored
liquid for extended periods. Storage vessels may be emptied for purposes
such as routine storage vessel maintenance, inspections, petroleum
liquid deliveries, or transfer operations. Storage vessels where liquid
is left on walls, as bottom clingage, or
[[Page 166]]
in pools due to floor irregularity are considered completely empty.
(1) The internal floating roof shall be floating on the liquid
surface at all times except when the floating roof must be supported by
the leg supports during the periods specified in paragraphs (b)(1)(i)
through (b)(1)(iii) of this section.
(i) During the initial fill.
(ii) After the vessel has been completely emptied and degassed.
(iii) When the vessel is completely emptied before being
subsequently refilled.
(2) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and shall
be accomplished as soon as practical.
(3) Each internal floating roof shall be equipped with a closure
device between the wall of the storage vessel and the roof edge. Except
as provided in paragraph (b)(3)(iv) of this section, the closure device
shall consist of one of the devices listed in paragraph (b)(3)(i),
(b)(3)(ii), or (b)(3)(iii) of this section.
(i) A liquid-mounted seal as defined in Sec. 63.111 of this subpart.
(ii) A metallic shoe seal as defined in Sec. 63.111 of this subpart.
(iii) Two seals mounted one above the other so that each forms a
continuous closure that completely covers the space between the wall of
the storage vessel and the edge of the internal floating roof. The lower
seal may be vapor- mounted, but both must be continuous seals.
(iv) If the internal floating roof is equipped with a vapor-mounted
seal as of December 31, 1992, the requirement for one of the seal
options specified in paragraphs (b)(3)(i), (b)(3)(ii), and (b)(3)(iii)
of this section does not apply until the earlier of the dates specified
in paragraphs (b)(3)(iv)(A) and (b)(3)(iv)(B) of this section.
(A) The next time the storage vessel is emptied and degassed.
(B) No later than 10 years after April 22, 1994.
(4) Automatic bleeder vents are to be closed at all times when the
roof is floating, except when the roof is being floated off or is being
landed on the roof leg supports.
(5) Except as provided in paragraph (b)(5)(viii) of this section,
each internal floating roof shall meet the specifications listed in
paragraphs (b)(5)(i) through (b)(5)(vii) of this section.
(i) Each opening in a noncontact internal floating roof except for
automatic bleeder vents (vacuum breaker vents) and rim space vents is to
provide a projection below the liquid surface.
(ii) Each opening in the internal floating roof except for leg
sleeves, automatic bleeder vents, rim space vents, column wells, ladder
wells, sample wells, and stub drains shall be equipped with a cover or
lid. The cover or lid shall be equipped with a gasket.
(iii) Each penetration of the internal floating roof for the
purposes of sampling shall be a sample well. Each sample well shall have
a slit fabric cover that covers at least 90 percent of the opening.
(iv) Each automatic bleeder vent shall be gasketed.
(v) Each rim space vent shall be gasketed.
(vi) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
(vii) Each penetration of the internal floating roof that allows for
passage of a column supporting the fixed roof shall have a flexible
fabric sleeve seal or a gasketed sliding cover.
(viii) If the internal floating roof does not meet any one of the
specifications listed in paragraphs (b)(5)(i) through (b)(5)(vii) of
this section as of December 31, 1992, the requirement for meeting those
specifications does not apply until the earlier of the dates specified
in paragraphs (b)(5)(viii)(A) and (b)(5)(viii)(B) of this section.
(A) The next time the storage vessel is emptied and degassed.
(B) No later than 10 years after April 22, 1994.
(6) Each cover or lid on any opening in the internal floating roof
shall be closed (i.e., no visible gaps), except when the cover or lid
must be open for access. Covers on each access hatch and each gauge
float well shall be bolted or fastened so as to be air-tight when they
are closed. Rim space vents are to be set to open only when the internal
floating roof is not floating or
[[Page 167]]
when the pressure beneath the rim seal exceeds the manufacturer's
recommended setting.
(c) The owner or operator who elects to use an external floating
roof, as defined in Sec. 63.111 of this subpart, to comply with the
requirements of paragraph (a)(1) of this section shall comply with the
requirements specified in paragraphs (c)(1) through (c)(4) of this
section.
(1) Each external floating roof shall be equipped with a closure
device between the wall of the storage vessel and the roof edge.
(i) Except as provided in paragraph (c)(1)(iv) of this section, the
closure device is to consist of two seals, one above the other. The
lower seal is referred to as the primary seal and the upper seal is
referred to as the secondary seal.
(ii) Except as provided in paragraph (c)(1)(v) of this section, the
primary seal shall be either a metallic shoe seal or a liquid-mounted
seal.
(iii) Except during the inspections required by Sec. 63.120(b) of
this subpart, both the primary seal and the secondary seal shall
completely cover the annular space between the external floating roof
and the wall of the storage vessel in a continuous fashion.
(iv) If the external floating roof is equipped with a liquid-mounted
or metallic shoe primary seal as of December 31, 1992, the requirement
for a secondary seal in paragraph (c)(1)(i) of this section does not
apply until the earlier of the dates specified in paragraphs
(c)(1)(iv)(A) and (c)(1)(iv)(B) of this section.
(A) The next time the storage vessel is emptied and degassed.
(B) No later than 10 years after April 22, 1994.
(v) If the external floating roof is equipped with a vapor-mounted
primary seal and a secondary seal as of December 31, 1992, the
requirement for a liquid-mounted or metallic shoe primary seal in
paragraph (c)(1)(ii) of this section does not apply until the earlier of
the dates specified in paragraphs (c)(1)(v)(A) and (c)(1)(v)(B) of this
section.
(A) The next time the storage vessel is emptied and degassed.
(B) No later than 10 years after April 22, 1994.
(2) Each external floating roof shall meet the specifications listed
in paragraphs (c)(2)(i) through (c)(2)(xii) of this section.
(i) Except for automatic bleeder vents (vacuum breaker vents) and
rim space vents, each opening in the noncontact external floating roof
shall provide a projection below the liquid surface except as provided
in paragraph (c)(2)(xii) of this section.
(ii) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening in the roof is to be equipped with
a gasketed cover, seal or lid which is to be maintained in a closed
position (i.e., no visible gap) at all times except when the cover or
lid must be open for access. Covers on each access hatch and each gauge
float well shall be bolted or fastened so as to be air-tight when they
are closed.
(iii) Automatic bleeder vents are to be closed at all times when the
roof is floating, except when the roof is being floated off or is being
landed on the roof leg supports.
(iv) Rim space vents are to be set to open only when the roof is
being floated off the roof leg supports or when the pressure beneath the
rim seal exceeds the manufacturer's recommended setting.
(v) Automatic bleeder vents and rim space vents are to be gasketed.
(vi) Each roof drain that empties into the stored liquid is to be
provided with a slotted membrane fabric cover that covers at least 90
percent of the area of the opening.
(vii) Each unslotted guide pole well shall have a gasketed sliding
cover or a flexible fabric sleeve seal.
(viii) Each unslotted guide pole shall have on the end of the pole a
gasketed cap which is closed at all times except when gauging the liquid
level or taking liquid samples.
(ix) Each slotted guide pole well shall have a gasketed sliding
cover or a flexible fabric sleeve seal.
(x) Each slotted guide pole shall have a gasketed float or other
device which closes off the liquid surface from the atmosphere.
(xi) Each gauge hatch/sample well shall have a gasketed cover which
is
[[Page 168]]
closed at all times except when the hatch or well must be open for
access.
(xii) If each opening in a noncontact external floating roof except
for automatic bleeder vents (vacuum breaker vents) and rim space vents
does not provide a projection below the liquid surface as of December
31, 1992, the requirement for providing these projections below the
liquid surface does not apply until the earlier of the dates specified
in paragraphs (c)(2)(xii)(A) and (c)(2)(xii)(B) of this section.
(A) The next time the storage vessel is emptied and degassed.
(B) No later than 10 years after April 22, 1994.
Note: The intent of paragraphs (c)(3) and (c)(4) of this section is
to avoid having a vapor space between the floating roof and the stored
liquid for extended periods. Storage vessels may be emptied for purposes
such as routine storage vessel maintenance, inspections, petroleum
liquid deliveries, or transfer operations. Storage vessels where liquid
is left on walls, as bottom clingage, or in pools due to floor
irregularity are considered completely empty.
(3) The external floating roof shall be floating on the liquid
surface at all times except when the floating roof must be supported by
the leg supports during the periods specified in paragraphs (c)(3)(i)
through (c)(3)(iii) of this section.
(i) During the initial fill.
(ii) After the vessel has been completely emptied and degassed.
(iii) When the vessel is completely emptied before being
subsequently refilled.
(4) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and shall
be accomplished as soon as practical.
(d) The owner or operator who elects to use an external floating
roof converted to an internal floating roof (i.e., fixed roof installed
above external floating roof) to comply with paragraph (a)(1) of this
section shall comply with paragraphs (d)(1) and (d)(2) of this section.
(1) Comply with the requirements for internal floating roof vessels
specified in paragraphs (b)(1), (2), and (3) of this section; and
(2) Comply with the requirements for deck fittings that are
specified for external floating roof vessels in paragraphs (c)(2)(i)
through (c)(2)(xii) of this section.
(e) The owner or operator who elects to use a closed vent system and
control device, as defined in Sec. 63.111 of this subpart, to comply
with the requirements of paragraph (a)(1) or (a)(2) of this section
shall comply with the requirements specified in paragraphs (e)(1)
through (e)(5) of this section.
(1) Except as provided in paragraph (e)(2) of this section, the
control device shall be designed and operated to reduce inlet emissions
of total organic HAP by 95 percent or greater. If a flare is used as the
control device, it shall meet the specifications described in the
general control device requirements of Sec. 63.11(b) of subpart A of
this part.
(2) If the owner or operator can demonstrate that a control device
installed on a storage vessel on or before December 31, 1992 is designed
to reduce inlet emissions of total organic HAP by greater than or equal
to 90 percent but less than 95 percent, then the control device is
required to be operated to reduce inlet emissions of total organic HAP
by 90 percent or greater.
(3) Periods of planned routine maintenance of the control device,
during which the control device does not meet the specifications of
paragraph (e)(1) or (e)(2) of this section, as applicable, shall not
exceed 240 hours per year.
(4) The specifications and requirements in paragraphs (e)(1) and
(e)(2) of this section for control devices do not apply during periods
of planned routine maintenance.
(5) The specifications and requirements in paragraphs (e)(1) and
(e)(2) of this section for control devices do not apply during a control
system malfunction.
(6) An owner or operator may use a combination of control devices to
achieve the required reduction of total organic hazardous air pollutants
specified in paragraph (e)(1) of this section. An owner or operator may
use a combination of control devices installed on a storage vessel on or
before December 31, 1992 to achieve the required reduction of total
organic hazardous air pollutants specified in paragraph (e)(2) of this
section.
[[Page 169]]
(f) The owner or operator who elects to route emissions to a fuel
gas system or to a process, as defined in Sec. 63.111 of this subpart,
to comply with the requirements of paragraph (a)(1) or (a)(2) of this
section shall comply with the requirements in paragraphs (f)(1) through
(f)(3) of this section, as applicable.
(1) If emissions are routed to a fuel gas system, there is no
requirement to conduct a performance test or design evaluation. If
emissions are routed to a process, the organic hazardous air pollutants
in the emissions shall predominantly meet one of, or a combination of,
the ends specified in paragraphs (f)(1)(i) through (f)(1)(iv) of this
section. The owner or operator shall comply with the compliance
demonstration requirements in Sec. 63.120(f).
(i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
(ii) Transformed by chemical reaction into materials that are not
organic hazardous air pollutants;
(iii) Incorporated into a product; and/or
(iv) Recovered.
(2) If the emissions are conveyed by a system other than hard-
piping, any conveyance system operated under positive pressure shall be
subject to the requirements of Sec. 63.148 of this subpart.
(3) The fuel gas system or process shall be operating at all times
when organic hazardous air pollutants emissions are routed to it except
as provided in Sec. 63.102(a)(1) of subpart F of this part and in
paragraphs (f)(3)(i) through (f)(3)(iii) of this section. Whenever the
owner or operator by-passes the fuel gas system or process, the owner or
operator shall comply with the recordkeeping requirement in
Sec. 63.123(h) of this subpart. Bypassing is permitted if the owner or
operator complies with one or more of the conditions specified in
paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
(i) The liquid level in the storage vessel is not increased;
(ii) The emissions are routed through a closed-vent system to a
control device complying with Sec. 63.119(e) of this subpart; or
(iii) The total aggregate amount of time during which the emissions
by-pass the fuel gas system or process during the calendar year without
being routed to a control device, for all reasons (except start-ups/
shutdowns/malfunctions or product changeovers of flexible operation
units and periods when the storage vessel has been emptied and
degassed), does not exceed 240 hours.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997]
Sec. 63.120 Storage vessel provisions--procedures to determine compliance.
(a) To demonstrate compliance with Sec. 63.119(b) of this subpart
(storage vessel equipped with a fixed roof and internal floating roof)
or with Sec. 63.119(d) of this subpart (storage vessel equipped with an
external floating roof converted to an internal floating roof), the
owner or operator shall comply with the requirements in paragraphs
(a)(1) through (a)(7) of this section.
(1) The owner or operator shall visually inspect the internal
floating roof, the primary seal, and the secondary seal (if one is in
service), according to the schedule specified in paragraphs (a)(2) and
(a)(3) of this section.
(2) For vessels equipped with a single-seal system, the owner or
operator shall perform the inspections specified in paragraphs (a)(2)(i)
and (a)(2)(ii) of this section.
(i) Visually inspect the internal floating roof and the seal through
manholes and roof hatches on the fixed roof at least once every 12
months after initial fill, or at least once every 12 months after the
compliance date specified in Sec. 63.100 of subpart F of this part.
(ii) Visually inspect the internal floating roof, the seal, gaskets,
slotted membranes, and sleeve seals (if any) each time the storage
vessel is emptied and degassed, and at least once every 10 years after
the compliance date specified in Sec. 63.100 of subpart F of this part.
(3) For vessels equipped with a double-seal system as specified in
Sec. 63.119(b)(3)(iii) of this subpart, the owner or operator shall
perform either the inspection required in paragraph (a)(3)(i) of this
section or the inspections required in both paragraphs (a)(3)(ii) and
(a)(3)(iii) of this section.
[[Page 170]]
(i) The owner or operator shall visually inspect the internal
floating roof, the primary seal, the secondary seal, gaskets, slotted
membranes, and sleeve seals (if any) each time the storage vessel is
emptied and degassed and at least once every 5 years after the
compliance date specified in Sec. 63.100 of subpart F of this part; or
(ii) The owner or operator shall visually inspect the internal
floating roof and the secondary seal through manholes and roof hatches
on the fixed roof at least once every 12 months after initial fill, or
at least once every 12 months after the compliance date specified in
Sec. 63.100 of subpart F of this part, and
(iii) Visually inspect the internal floating roof, the primary seal,
the secondary seal, gaskets, slotted membranes, and sleeve seals (if
any) each time the vessel is emptied and degassed and at least once
every 10 years after the compliance date specified in Sec. 63.100 of
subpart F of this part.
(4) If during the inspections required by paragraph (a)(2)(i) or
(a)(3)(ii) of this section, the internal floating roof is not resting on
the surface of the liquid inside the storage vessel and is not resting
on the leg supports; or there is liquid on the floating roof; or the
seal is detached; or there are holes or tears in the seal fabric; or
there are visible gaps between the seal and the wall of the storage
vessel, the owner or operator shall repair the items or empty and remove
the storage vessel from service within 45 calendar days. If a failure
that is detected during inspections required by paragraph (a)(2)(i) or
(a)(3)(ii) of this section cannot be repaired within 45 calendar days
and if the vessel cannot be emptied within 45 calendar days, the owner
or operator may utilize up to 2 extensions of up to 30 additional
calendar days each. Documentation of a decision to utilize an extension
shall include a description of the failure, shall document that
alternate storage capacity is unavailable, and shall specify a schedule
of actions that will ensure that the control equipment will be repaired
or the vessel will be emptied as soon as practical.
(5) Except as provided in paragraph (a)(6) of this section, for all
the inspections required by paragraphs (a)(2)(ii), (a)(3)(i), and
(a)(3)(iii) of this section, the owner or operator shall notify the
Administrator in writing at least 30 calendar days prior to the
refilling of each storage vessel to afford the Administrator the
opportunity to have an observer present.
(6) If the inspection required by paragraph (a)(2)(ii), (a)(3)(i),
or (a)(3)(iii) of this section is not planned and the owner or operator
could not have known about the inspection 30 calendar days in advance of
refilling the vessel, the owner or operator shall notify the
Administrator at least 7 calendar days prior to the refilling of the
storage vessel. Notification may be made by telephone and immediately
followed by written documentation demonstrating why the inspection was
unplanned. Alternatively, the notification including the written
documentation may be made in writing and sent so that it is received by
the Administrator at least 7 calendar days prior to refilling.
(7) If during the inspections required by paragraph (a)(2)(ii),
(a)(3)(i), or (a)(3)(iii) of this section, the internal floating roof
has defects; or the primary seal has holes, tears, or other openings in
the seal or the seal fabric; or the secondary seal has holes, tears, or
other openings in the seal or the seal fabric; or the gaskets no longer
close off the liquid surface from the atmosphere; or the slotted
membrane has more than 10 percent open area, the owner or operator shall
repair the items as necessary so that none of the conditions specified
in this paragraph exist before refilling the storage vessel with organic
HAP.
(b) To demonstrate compliance with Sec. 63.119(c) of this subpart
(storage vessel equipped with an external floating roof), the owner or
operator shall comply with the requirements specified in paragraphs
(b)(1) through (b)(10) of this section.
(1) Except as provided in paragraph (b)(7) of this section, the
owner or operator shall determine the gap areas and maximum gap widths
between the primary seal and the wall of the storage vessel, and the
secondary seal and the wall of the storage vessel according to the
frequency specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this
section.
[[Page 171]]
(i) For an external floating roof vessel equipped with primary and
secondary seals, measurements of gaps between the vessel wall and the
primary seal shall be performed during the hydrostatic testing of the
vessel or by the compliance date specified in Sec. 63.100 of subpart F
of this part, whichever occurs last, and at least once every 5 years
thereafter.
(ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as
provided for in Sec. 63.119(c)(1)(iv) of this subpart, measurements of
gaps between the vessel wall and the primary seal shall be performed by
the compliance date specified in Sec. 63.100 of subpart F of this part
and at least once per year thereafter, until a secondary seal is
installed. When a secondary seal is installed above the primary seal,
measurements of gaps between the vessel wall and both the primary and
secondary seals shall be performed within 90 calendar days of
installation of the secondary seal, and according to the frequency
specified in paragraphs (b)(1)(i) and (b)(1)(iii) of this section
thereafter.
(iii) For an external floating roof vessel equipped with primary and
secondary seals, measurements of gaps between the vessel wall and the
secondary seal shall be performed by the compliance date specified in
Sec. 63.100 of subpart F of this part and at least once per year
thereafter.
(iv) If any storage vessel ceases to store organic HAP for a period
of 1 year or more, or if the maximum true vapor pressure of the total
organic HAP's in the stored liquid falls below the values defining Group
1 storage vessels specified in table 5 or table 6 of this subpart for a
period of 1 year or more, measurements of gaps between the vessel wall
and the primary seal, and gaps between the vessel wall and the secondary
seal shall be performed within 90 calendar days of the vessel being
refilled with organic HAP.
(2) Except as provided in paragraph (b)(7) of this section, the
owner or operator shall determine gap widths and gap areas in the
primary and secondary seals (seal gaps) individually by the procedures
described in paragraphs (b)(2)(i) through (b)(2)(iii) of this section.
(i) Seal gaps, if any, shall be measured at one or more floating
roof levels when the roof is not resting on the roof leg supports.
(ii) Seal gaps, if any, shall be measured around the entire
circumference of the vessel in each place where an 0.32 centimeter (\1/
8\ inch) diameter uniform probe passes freely (without forcing or
binding against the seal) between the seal and the wall of the storage
vessel. The circumferential distance of each such location shall also be
measured.
(iii) The total surface area of each gap described in paragraph
(b)(2)(ii) of this section shall be determined by using probes of
various widths to measure accurately the actual distance from the vessel
wall to the seal and multiplying each such width by its respective
circumferential distance.
(3) The owner or operator shall add the gap surface area of each gap
location for the primary seal and divide the sum by the nominal diameter
of the vessel. The accumulated area of gaps between the vessel wall and
the primary seal shall not exceed 212 square centimeters per meter of
vessel diameter and the width of any portion of any gap shall not exceed
3.81 centimeters.
(4) The owner or operator shall add the gap surface area of each gap
location for the secondary seal and divide the sum by the nominal
diameter of the vessel. The accumulated area of gaps between the vessel
wall and the secondary seal shall not exceed 21.2 square centimeters per
meter of vessel diameter and the width of any portion of any gap shall
not exceed 1.27 centimeters. These seal gap requirements may be exceeded
during the measurement of primary seal gaps as required by paragraph
(b)(1)(i) and (b)(1)(ii) of this section.
(5) The primary seal shall meet the additional requirements
specified in paragraphs (b)(5)(i) and (b)(5)(ii) of this section.
(i) Where a metallic shoe seal is in use, one end of the metallic
shoe shall extend into the stored liquid and the other end shall extend
a minimum vertical distance of 61 centimeters above the stored liquid
surface.
[[Page 172]]
(ii) There shall be no holes, tears, or other openings in the shoe,
seal fabric, or seal envelope.
(6) The secondary seal shall meet the additional requirements
specified in paragraphs (b)(6)(i) and (b)(6)(ii) of this section.
(i) The secondary seal shall be installed above the primary seal so
that it completely covers the space between the roof edge and the vessel
wall except as provided in paragraph (b)(4) of this section.
(ii) There shall be no holes, tears, or other openings in the seal
or seal fabric.
(7) If the owner or operator determines that it is unsafe to perform
the seal gap measurements required in paragraphs (b)(1) and (b)(2) of
this section or to inspect the vessel to determine compliance with
paragraphs (b)(5) and (b)(6) of this section because the floating roof
appears to be structurally unsound and poses an imminent or potential
danger to inspecting personnel, the owner or operator shall comply with
the requirements in either paragraph (b)(7)(i) or (b)(7)(ii) of this
section.
(i) The owner or operator shall measure the seal gaps or inspect the
storage vessel no later than 30 calendar days after the determination
that the roof is unsafe, or
(ii) The owner or operator shall empty and remove the storage vessel
from service no later than 45 calendar days after determining that the
roof is unsafe. If the vessel cannot be emptied within 45 calendar days,
the owner or operator may utilize up to 2 extensions of up to 30
additional calendar days each. Documentation of a decision to utilize an
extension shall include an explanation of why it was unsafe to perform
the inspection or seal gap measurement, shall document that alternate
storage capacity is unavailable, and shall specify a schedule of actions
that will ensure that the vessel will be emptied as soon as practical.
(8) The owner or operator shall repair conditions that do not meet
requirements listed in paragraphs (b)(3), (b)(4), (b)(5), and (b)(6) of
this section (i.e., failures) no later than 45 calendar days after
identification, or shall empty and remove the storage vessel from
service no later than 45 calendar days after identification. If during
seal gap measurements required in paragraph (b)(1) and (b)(2) of this
section or during inspections necessary to determine compliance with
paragraphs (b)(5) and (b)(6) of this section a failure is detected that
cannot be repaired within 45 calendar days and if the vessel cannot be
emptied within 45 calendar days, the owner or operator may utilize up to
2 extensions of up to 30 additional calendar days each. Documentation of
a decision to utilize an extension shall include a description of the
failure, shall document that alternate storage capacity is unavailable,
and shall specify a schedule of actions that will ensure that the
control equipment will be repaired or the vessel will be emptied as soon
as practical.
(9) The owner or operator shall notify the Administrator in writing
30 calendar days in advance of any gap measurements required by
paragraph (b)(1) or (b)(2) of this section to afford the Administrator
the opportunity to have an observer present.
(10) The owner or operator shall visually inspect the external
floating roof, the primary seal, secondary seal, and fittings each time
the vessel is emptied and degassed.
(i) If the external floating roof has defects; the primary seal has
holes, tears, or other openings in the seal or the seal fabric; or the
secondary seal has holes, tears, or other openings in the seal or the
seal fabric; or the gaskets no longer close off the liquid surface from
the atmosphere; or the slotted membrane has more than 10 percent open
area, the owner or operator shall repair the items as necessary so that
none of the conditions specified in this paragraph exist before filling
or refilling the storage vessel with organic HAP.
(ii) Except as provided in paragraph (b)(10)(iii) of this section,
for all the inspections required by paragraph (b)(10) of this section,
the owner or operator shall notify the Administrator in writing at least
30 calendar days prior to filling or refilling of each storage vessel
with organic HAP to afford the Administrator the opportunity to inspect
the storage vessel prior to refilling.
[[Page 173]]
(iii) If the inspection required by paragraph (b)(10) of this
section is not planned and the owner or operator could not have known
about the inspection 30 calendar days in advance of refilling the vessel
with organic HAP, the owner or operator shall notify the Administrator
at least 7 calendar days prior to refilling of the storage vessel.
Notification may be made by telephone and immediately followed by
written documentation demonstrating why the inspection was unplanned.
Alternatively, this notification including the written documentation may
be made in writing and sent so that it is received by the Administrator
at least 7 calendar days prior to the refilling.
(c) To demonstrate compliance with Sec. 63.119(d) of this subpart
(storage vessel equipped with an external floating roof converted to an
internal floating roof), the owner or operator shall comply with the
requirements of paragraph (a) of this section.
(d) To demonstrate compliance with Sec. 63.119(e) of this subpart
(storage vessel equipped with a closed vent system and control device)
using a control device other than a flare, the owner or operator shall
comply with the requirements in paragraphs (d)(1) through (d)(7) of this
section, except as provided in paragraph (d)(8) of this section.
(1) The owner or operator shall either prepare a design evaluation,
which includes the information specified in paragraph (d)(1)(i) of this
section, or submit the results of a performance test as described in
paragraph (d)(1)(ii) of this section.
(i) The design evaluation shall include documentation demonstrating
that the control device being used achieves the required control
efficiency during reasonably expected maximum filling rate. This
documentation is to include a description of the gas stream which enters
the control device, including flow and organic HAP content under varying
liquid level conditions, and the information specified in paragraphs
(d)(1)(i)(A) through (d)(1)(i)(E) of this section, as applicable.
(A) If the control device receives vapors, gases or liquids, other
than fuels, from emission points other than storage vessels subject to
this subpart, the efficiency demonstration is to include consideration
of all vapors, gases, and liquids, other than fuels, received by the
control device.
(B) If an enclosed combustion device with a minimum residence time
of 0.5 seconds and a minimum temperature of 760 deg.C is used to meet
the emission reduction requirement specified in Sec. 63.119 (e)(1) or
(e)(2), as applicable, documentation that those conditions exist is
sufficient to meet the requirements of paragraph (d)(1)(i) of this
section.
(C) Except as provided in paragraph (d)(1)(i)(B) of this section,
for thermal incinerators, the design evaluation shall include the
autoignition temperature of the organic HAP, the flow rate of the
organic HAP emission stream, the combustion temperature, and the
residence time at the combustion temperature.
(D) For carbon adsorbers, the design evaluation shall include the
affinity of the organic HAP vapors for carbon, the amount of carbon in
each bed, the number of beds, the humidity of the feed gases, the
temperature of the feed gases, the flow rate of the organic HAP emission
stream, the desorption schedule, the regeneration stream pressure or
temperature, and the flow rate of the regeneration stream. For vacuum
desorption, pressure drop shall be included.
(E) For condensers, the design evaluation shall include the final
temperature of the organic HAP vapors, the type of condenser, and the
design flow rate of the organic HAP emission stream.
(ii) If the control device used to comply with Sec. 63.119(e) of
this subpart is also used to comply with Sec. 63.113(a)(2),
Sec. 63.126(b)(1), or Sec. 63.139(c) of this subpart, the performance
test required by Sec. 63.116(c), Sec. 63.128(a), or Sec. 63.139(d)(1) of
this subpart is acceptable to demonstrate compliance with Sec. 63.119(e)
of this subpart. The owner or operator is not required to prepare a
design evaluation for the control device as described in paragraph
(d)(1)(i) of this section, if the performance tests meets the criteria
specified in paragraphs (d)(1)(ii)(A) and (d)(1)(ii)(B) of this section.
(A) The performance test demonstrates that the control device
achieves greater than or equal to the
[[Page 174]]
required control efficiency specified in Sec. 63.119 (e)(1) or (e)(2) of
this subpart, as applicable; and
(B) The performance test is submitted as part of the Notification of
Compliance Status required by Sec. 63.151(b) of this subpart.
(2) The owner or operator shall submit, as part of the Notification
of Compliance Status required by Sec. 63.151 (b) of this subpart, a
monitoring plan containing the information specified in paragraph
(d)(2)(i) of this section and in either (d)(2)(ii) or (d)(2)(iii) of
this section.
(i) A description of the parameter or parameters to be monitored to
ensure that the control device is being properly operated and
maintained, an explanation of the criteria used for selection of that
parameter (or parameters), and the frequency with which monitoring will
be performed (e.g., when the liquid level in the storage vessel is being
raised); and either
(ii) The documentation specified in paragraph (d)(1)(i) of this
section, if the owner or operator elects to prepare a design evaluation;
or
(iii) The information specified in paragraph (d)(2)(iii) (A) and (B)
of this section if the owner or operator elects to submit the results of
a performance test.
(A) Identification of the storage vessel and control device for
which the performance test will be submitted, and
(B) Identification of the emission point(s) that share the control
device with the storage vessel and for which the performance test will
be conducted.
(3) The owner or operator shall submit, as part of the Notification
of Compliance Status required by Sec. 63.152(b) of this subpart, the
information specified in paragraphs (d)(3)(i) and, if applicable,
(d)(3)(ii) of this section.
(i) The operating range for each monitoring parameter identified in
the monitoring plan. The specified operating range shall represent the
conditions for which the control device is being properly operated and
maintained.
(ii) Results of the performance test described in paragraph
(d)(1)(ii) of this section.
(4) The owner or operator shall demonstrate compliance with the
requirements of Sec. 63.119(e)(3) of this subpart (planned routine
maintenance of a control device, during which the control device does
not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of this
subpart, as applicable, shall not exceed 240 hours per year) by
including in each Periodic Report required by Sec. 63.152(c) of this
subpart the information specified in Sec. 63.122(g)(1) of this subpart.
(5) The owner or operator shall monitor the parameters specified in
the Notification of Compliance Status required in Sec. 63.152(b) of this
subpart or in the operating permit and shall operate and maintain the
control device such that the monitored parameters remain within the
ranges specified in the Notification of Compliance Status.
(6) Except as provided in paragraph (d)(7) of this section, each
closed vent system shall be inspected as specified in Sec. 63.148 of
this subpart. The initial and annual inspections required by
Sec. 63.148(b) of this subpart shall be done during filling of the
storage vessel.
(7) For any fixed roof tank and closed vent system that are operated
and maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.148 of
this subpart.
(8) A design evaluation or performance test is not required, if the
owner or operator uses a combustion device meeting the criteria in
paragraph (d)(8)(i), (d)(8)(ii), (d)(8)(iii), or (d)(8)(iv) of this
section.
(i) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(ii) A boiler or process heater burning hazardous waste for which
the owner or operator:
(A) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H, or
(B) Has certified compliance with the interim status requirements of
40 CFR part 266, subpart H.
(iii) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O or
[[Page 175]]
has certified compliance with the interim status requirements of 40 CFR
part 265, subpart O.
(iv) A boiler or process heater into which the vent stream is
introduced with the primary fuel.
(e) To demonstrate compliance with Sec. 63.119(e) of this subpart
(storage vessel equipped with a closed vent system and control device)
using a flare, the owner or operator shall comply with the requirements
in paragraphs (e)(1) through (e)(6) of this section.
(1) The owner or operator shall perform the compliance determination
specified in Sec. 63.11(b) of subpart A of this part.
(2) The owner or operator shall submit, as part of the Notification
of Compliance Status required by Sec. 63.152(b) of this subpart, the
information specified in paragraphs (e)(2)(i) through (e)(2)(iii) of
this section.
(i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
(ii) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during the
compliance determination required by paragraph (e)(1) of this section;
and
(iii) All periods during the compliance determination when the pilot
flame is absent.
(3) The owner or operator shall demonstrate compliance with the
requirements of Sec. 63.119(e)(3) of this subpart (planned routine
maintenance of a flare, during which the flare does not meet the
specifications of Sec. 63.119(e)(1) of this subpart, shall not exceed
240 hours per year) by including in each Periodic Report required by
Sec. 63.152(c) of this subpart the information specified in
Sec. 63.122(g)(1) of this subpart.
(4) The owner or operator shall continue to meet the general control
device requirements specified in Sec. 63.11(b) of subpart A of this
part.
(5) Except as provided in paragraph (e)(6) of this section, each
closed vent system shall be inspected as specified in Sec. 63.148 of
this subpart. The inspections required to be performed in accordance
with Sec. 63.148(c) of this subpart shall be done during filling of the
storage vessel.
(6) For any fixed roof tank and closed vent system that is operated
and maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.148 of
this subpart.
(f) To demonstrate compliance with Sec. 63.119(f) of this subpart
(storage vessel routed to a process), the owner or operator shall
prepare a design evaluation (or engineering assessment) that
demonstrates the extent to which one or more of the ends specified in
Sec. 63.119(f)(1)(i) through (f)(1)(iv) are being met. The owner or
operator shall submit the design evaluation as part of the Notification
of Compliance Status required by Sec. 63.152(b) of this subpart.
[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62
FR 2748, Jan. 17, 1997]
Sec. 63.121 Storage vessel provisions--alternative means of emission limitation.
(a) Determination of equivalence to the reduction in emissions
achieved by the requirements of Sec. 63.119 (b), (c), or (d) of this
subpart will be evaluated according to Sec. 63.102(b) of subpart F of
this part.
(b) The determination of equivalence referred to in paragraph (a) of
this section will be based on the application to the Administrator which
shall include the information specified in either paragraph (b)(1) or
(b)(2) of this section.
(1) Actual emissions tests that use full-size or scale-model storage
vessels that accurately collect and measure all organic HAP emissions
from a given control technique, and that accurately simulate wind and
account for other emission variables such as temperature and barometric
pressure, or
(2) An engineering analysis that the Administrator determines is an
accurate method of determining equivalence.
Sec. 63.122 Storage vessel provisions--reporting.
(a) For each Group 1 storage vessel, the owner or operator shall
comply with the requirements of paragraphs (a)(1) through (a)(5) of this
section.
(1) The owner or operator shall submit an Initial Notification as
required by Sec. 63.151(b) of this subpart.
(2) [Reserved]
[[Page 176]]
(3) The owner or operator shall submit a Notification of Compliance
Status as required by Sec. 63.152(b) of this subpart and shall submit as
part of the Notification of Compliance Status the information specified
in paragraph (c) of this section.
(4) The owner or operator shall submit Periodic Reports as required
by Sec. 63.152(c) of this subpart and shall submit as part of the
Periodic Reports the information specified in paragraphs (d), (e), (f),
and (g) of this section.
(5) The owner or operator shall submit, as applicable, other reports
as required by Sec. 63.152(d) of this subpart, containing the
information specified in paragraph (h) of this section.
(b) An owner or operator who elects to comply with Sec. 63.119(e) of
this subpart by using a closed vent system and a control device other
than a flare shall submit, as part of the Monitoring Plan, the
information specified in Sec. 63.120(d)(2)(i) of this subpart and the
information specified in either Sec. 63.120(d)(2)(ii) of this subpart or
Sec. 63.120(d)(2)(iii) of this subpart.
(c) An owner or operator who elects to comply with Sec. 63.119(e) of
this subpart by using a closed vent system and a control device shall
submit, as part of the Notification of Compliance Status required by
Sec. 63.152(b) of this subpart, the information specified in either
paragraph (c)(1) or (c)(2) of this section. An owner or operator who
elects to comply with Sec. 63.119(f) of this subpart by routing
emissions to a process or to a fuel gas system shall submit, as part of
the Notification of Compliance Status required by Sec. 63.152(b) of this
subpart, the information specified in paragraph (c)(3) of this section.
(1) If a control device other than a flare is used, the owner or
operator shall submit the information specified in Sec. 63.120(d)(3)(i)
and, if applicable, (d)(3)(ii) of this subpart.
(2) If a flare is used, the owner or operator shall submit the
information specified in Sec. 63.120(e)(2)(i), (e)(2)(ii), and
(e)(2)(iii) of this subpart.
(3) If emissions are routed to a process, the owner or operator
shall submit the information specified in Sec. 63.120(f). If emissions
are routed to a fuel gas system, the owner or operator shall submit a
statement that the emission stream is connected to the fuel gas system
and whether the conveyance system is subject to the requirements of
Sec. 63.148.
(d) An owner or operator who elects to comply with Sec. 63.119(b) of
this subpart by using a fixed roof and an internal floating roof or with
Sec. 63.119(d) of this subpart by using an external floating roof
converted to an internal floating roof shall submit, as part of the
Periodic Report required under Sec. 63.152(c) of this subpart, the
results of each inspection conducted in accordance with Sec. 63.120(a)
of this subpart in which a failure is detected in the control equipment.
(1) For vessels for which annual inspections are required under
Sec. 63.120 (a)(2)(i) or (a)(3)(ii) of this subpart, the specifications
and requirements listed in paragraphs (d)(1)(i) through (d)(1)(iii) of
this section apply.
(i) A failure is defined as any time in which the internal floating
roof is not resting on the surface of the liquid inside the storage
vessel and is not resting on the leg supports; or there is liquid on the
floating roof; or the seal is detached from the internal floating roof;
or there are holes, tears, or other openings in the seal or seal fabric;
or there are visible gaps between the seal and the wall of the storage
vessel.
(ii) Except as provided in paragraph (d)(1)(iii) of this section,
each Periodic Report shall include the date of the inspection,
identification of each storage vessel in which a failure was detected,
and a description of the failure. The Periodic Report shall also
describe the nature of and date the repair was made or the date the
storage vessel was emptied.
(iii) If an extension is utilized in accordance with
Sec. 63.120(a)(4) of this subpart, the owner or operator shall, in the
next Periodic Report, identify the vessel; include the documentation
specified in Sec. 63.120(a)(4) of this subpart; and describe the date
the storage vessel was emptied and the nature of and date the repair was
made.
(2) For vessels for which inspections are required under Sec. 63.120
(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this subpart, the
specifications and requirements listed in paragraphs (d)(2)(i) and
(d)(2)(ii) of this section apply.
[[Page 177]]
(i) A failure is defined as any time in which the internal floating
roof has defects; or the primary seal has holes, tears, or other
openings in the seal or the seal fabric; or the secondary seal (if one
has been installed) has holes, tears, or other openings in the seal or
the seal fabric; or the gaskets no longer close off the liquid surface
from the atmosphere; or the slotted membrane has more than 10 percent
open area.
(ii) Each Periodic Report required under Sec. 63.152(c) of this
subpart shall include the date of the inspection, identification of each
storage vessel in which a failure was detected, and a description of the
failure. The Periodic Report shall also describe the nature of and date
the repair was made.
(e) An owner or operator who elects to comply with Sec. 63.119(c) of
this subpart by using an external floating roof shall meet the periodic
reporting requirements specified in paragraphs (e)(1), (e)(2), and
(e)(3) of this section.
(1) The owner or operator shall submit, as part of the Periodic
Report required under Sec. 63.152(c) of this subpart, documentation of
the results of each seal gap measurement made in accordance with
Sec. 63.120(b) of this subpart in which the requirements of Sec. 63.120
(b)(3), (b)(4), (b)(5), or (b)(6) of this subpart are not met. This
documentation shall include the information specified in paragraphs
(e)(1)(i) through (e)(1)(iv) of this section.
(i) The date of the seal gap measurement.
(ii) The raw data obtained in the seal gap measurement and the
calculations described in Sec. 63.120 (b)(3) and (b)(4) of this subpart.
(iii) A description of any condition specified in Sec. 63.120 (b)(5)
or (b)(6) of this subpart that is not met.
(iv) A description of the nature of and date the repair was made, or
the date the storage vessel was emptied.
(2) If an extension is utilized in accordance with
Sec. 63.120(b)(7)(ii) or (b)(8) of this subpart, the owner or operator
shall, in the next Periodic Report, identify the vessel; include the
documentation specified in Sec. 63.120(b)(7)(ii) or (b)(8) of this
subpart, as applicable; and describe the date the vessel was emptied and
the nature of and date the repair was made.
(3) The owner or operator shall submit, as part of the Periodic
Report required under Sec. 63.152(c) of this subpart, documentation of
any failures that are identified during visual inspections required by
Sec. 63.120(b)(10) of this subpart. This documentation shall meet the
specifications and requirements in paragraphs (e)(3)(i) and (e)(3)(ii)
of this section.
(i) A failure is defined as any time in which the external floating
roof has defects; or the primary seal has holes, or other openings in
the seal or the seal fabric; or the secondary seal has holes, tears, or
other openings in the seal or the seal fabric; or the gaskets no longer
close off the liquid surface from the atmosphere; or the slotted
membrane has more than 10 percent open area.
(ii) Each Periodic Report required under Sec. 63.152(c) of this
subpart shall include the date of the inspection, identification of each
storage vessel in which a failure was detected, and a description of the
failure. The periodic report shall also describe the nature of and date
the repair was made.
(f) An owner or operator who elects to comply with Sec. 63.119(d) of
this subpart by using an external floating roof converted to an internal
floating roof shall comply with the periodic reporting requirements of
paragraph (d) of this section.
(g) An owner or operator who elects to comply with Sec. 63.119(e) of
this subpart by installing a closed vent system and control device shall
submit, as part of the next Periodic Report required by Sec. 63.152(c)
of this subpart, the information specified in paragraphs (g)(1) through
(g)(3) of this section.
(1) As required by Sec. 63.120(d)(4) and Sec. 63.120(e)(3) of this
subpart, the Periodic Report shall include the information specified in
paragraphs (g)(1)(i) and (g)(1)(ii) of this section for those planned
routine maintenance operations that would require the control device not
to meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this
subpart, as applicable.
(i) A description of the planned routine maintenance that is
anticipated to be performed for the control device
[[Page 178]]
during the next 6 months. This description shall include the type of
maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods.
(ii) A description of the planned routine maintenance that was
performed for the control device during the previous 6 months. This
description shall include the type of maintenance performed and the
total number of hours during those 6 months that the control device did
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this
subpart, as applicable, due to planned routine maintenance.
(2) If a control device other than a flare is used, the Periodic
Report shall describe each occurrence when the monitored parameters were
outside of the parameter ranges documented in the Notification of
Compliance Status in accordance with Sec. 63.120(d)(3)(i) of this
subpart. The description shall include the information specified in
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
(i) Identification of the control device for which the measured
parameters were outside of the established ranges, and
(ii) Cause for the measured parameters to be outside of the
established ranges.
(3) If a flare is used, the Periodic Report shall describe each
occurrence when the flare does not meet the general control device
requirements specified in Sec. 63.11(b) of subpart A of this part and
shall include the information specified in paragraphs (g)(3)(i) and
(g)(3)(ii) of this section.
(i) Identification of the flare which does not meet the general
requirements specified in Sec. 63.11(b) of subpart A of this part, and
(ii) Reason the flare did not meet the general requirements
specified in Sec. 63.11(b) of subpart A of this part.
(h) An owner or operator who elects to comply with Sec. 63.119 (b),
(c), or (d) of this subpart shall submit, as applicable, the reports
specified in paragraphs (h)(1) and (h)(2) of this section.
(1) In order to afford the Administrator the opportunity to have an
observer present, the owner or operator shall notify the Administrator
of the refilling of a storage vessel that has been emptied and degassed.
(i) If the storage vessel is equipped with an internal floating roof
as specified in Sec. 63.119(b) of this subpart, the notification shall
meet the requirements of either Sec. 63.120 (a)(5) or (a)(6) of this
subpart, as applicable.
(ii) If the storage vessel is equipped with an external floating
roof as specified in Sec. 63.119(c) of this subpart, the notification
shall meet the requirements of either Sec. 63.120 (b)(10)(ii) or
(b)(10)(iii) of this subpart, as applicable.
(iii) If the storage vessel is equipped with an external floating
roof converted into an internal floating roof as specified in
Sec. 63.119(d) of this subpart, the notification shall meet the
requirements of either Sec. 63.120 (a)(5) or (a)(6) of this subpart, as
applicable.
(2) In order to afford the Administrator the opportunity to have an
observer present, the owner or operator of a storage vessel equipped
with an external floating roof as specified in Sec. 63.119(c) of this
subpart shall notify the Administrator of any seal gap measurements.
This notification shall meet the requirements of Sec. 63.120(b)(9) of
this subpart.
[59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62
FR 2748, Jan. 17, 1997]
Sec. 63.123 Storage vessel provisions--recordkeeping.
(a) Each owner or operator of a Group 1 or Group 2 storage vessel
shall keep readily accessible records showing the dimensions of the
storage vessel and an analysis showing the capacity of the storage
vessel. This record shall be kept as long as the storage vessel retains
Group 1 or Group 2 status and is in operation. For each Group 2 storage
vessel, the owner or operator is not required to comply with any other
provisions of Secs. 63.119 through 63.123 of this subpart other than
those required by this paragraph unless such vessel is part of an
emissions average as described in Sec. 63.150 of this subpart.
(b) [Reserved]
(c) An owner or operator who elects to comply with Sec. 63.119(b) of
this subpart shall keep a record that each inspection required by
Sec. 63.120(a) of this subpart was performed.
[[Page 179]]
(d) An owner or operator who elects to comply with Sec. 63.119(c) of
this subpart shall keep records describing the results of each seal gap
measurement made in accordance with Sec. 63.120(b) of this subpart. The
records shall include the date of the measurement, the raw data obtained
in the measurement, and the calculations described in Sec. 63.120(b) (3)
and (4) of this subpart.
(e) An owner or operator who elects to comply with Sec. 63.119(d) of
this subpart shall keep a record that each inspection required by
Sec. 63.120 (a) and (c) of this subpart was performed.
(f) An owner or operator who elects to comply with Sec. 63.119(e) of
this subpart shall keep in a readily accessible location the records
specified in paragraphs (f)(1) and (f)(2) of this section.
(1) A record of the measured values of the parameters monitored in
accordance with Sec. 63.120(d)(5) of this subpart.
(2) A record of the planned routine maintenance performed on the
control device including the duration of each time the control device
does not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of this
subpart, as applicable, due to the planned routine maintenance. Such a
record shall include the information specified in paragraphs (f)(2)(i)
and (f)(2)(ii) of this section.
(i) The first time of day and date the requirements of Sec. 63.119
(e)(1) or (e)(2) of this subpart, as applicable, were not met at the
beginning of the planned routine maintenance, and
(ii) The first time of day and date the requirements of Sec. 63.119
(e)(1) or (e)(2) of this subpart, as applicable, were met at the
conclusion of the planned routine maintenance.
(g) An owner or operator who elects to utilize an extension in
emptying a storage vessel in accordance with Sec. 63.120 (a)(4),
(b)(7)(ii), or (b)(8) of this subpart shall keep in a readily accessible
location, the documentation specified in Sec. 63.120 (a)(4), (b)(7)(ii),
or (b)(8), as applicable.
(h) An owner or operator who uses the by-pass provisions of
Sec. 63.119(f)(3) of this subpart shall keep in a readily accessible
location the records specified in paragraphs (h)(1) through (h)(3) of
this section.
(1) The reason it was necessary to by-pass the process equipment or
fuel gas system;
(2) The duration of the period when the process equipment or fuel
gas system was by-passed;
(3) Documentation or certification of compliance with the applicable
provisions of Sec. 63.119(f)(3)(i) through Sec. 63.119(f)(3)(iii).
[59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62
FR 2748, Jan. 17, 1997]
Sec. 63.124-63.125 [Reserved]
Sec. 63.126 Transfer operations provisions--reference control technology.
(a) For each Group 1 transfer rack the owner or operator shall equip
each transfer rack with a vapor collection system and control device.
(1) Each vapor collection system shall be designed and operated to
collect the organic hazardous air pollutants vapors displaced from tank
trucks or railcars during loading, and to route the collected hazardous
air pollutants vapors to a process, or to a fuel gas system, or to a
control device as provided in paragraph (b) of this section.
(2) Each vapor collection system shall be designed and operated such
that organic HAP vapors collected at one loading arm will not pass
through another loading arm in the rack to the atmosphere.
(3) Whenever organic hazardous air pollutants emissions are vented
to a process, fuel gas system, or control device used to comply with the
provisions of this subpart, the process, fuel gas system, or control
device shall be operating.
(b) For each Group 1 transfer rack the owner or operator shall
comply with paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section.
(1) Use a control device to reduce emissions of total organic
hazardous air pollutants by 98 weight-percent or to an exit
concentration of 20 parts per million by volume, whichever is less
stringent. For combustion devices, the emission reduction or
concentration shall be calculated on a dry basis, corrected to 3-percent
oxygen. If a boiler or process heater is used to comply
[[Page 180]]
with the percent reduction requirement, then the vent stream shall be
introduced into the flame zone of such a device. Compliance may be
achieved by using any combination of combustion, recovery, and/or
recapture devices.
(2) Reduce emissions of organic HAP's using a flare.
(i) The flare shall comply with the requirements of Sec. 63.11(b) of
subpart A of this part.
(ii) Halogenated vent streams, as defined in Sec. 63.111 of this
subpart, shall not be vented to a flare.
(3) Reduce emissions of organic hazardous air pollutants using a
vapor balancing system designed and operated to collect organic
hazardous air pollutants vapors displaced from tank trucks or railcars
during loading; and to route the collected hazardous air pollutants
vapors to the storage vessel from which the liquid being loaded
originated, or to another storage vessel connected to a common header,
or to compress and route to a process collected hazardous air pollutants
vapors.
(4) Route emissions of organic hazardous air pollutants to a fuel
gas system or to a process where the organic hazardous air pollutants in
the emissions shall predominantly meet one of, or a combination of, the
ends specified in paragraphs (b)(4)(i) through (b)(4)(iv) of this
section.
(i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
(ii) Transformed by chemical reaction into materials that are not
organic hazardous air pollutants;
(iii) Incorporated into a product; and/or
(iv) Recovered.
(c) For each Group 2 transfer rack, the owner or operator shall
maintain records as required in Sec. 63.130(f). No other provisions for
transfer racks apply to the Group 2 transfer rack.
(d) Halogenated emission streams from Group 1 transfer racks that
are combusted shall be controlled according to paragraph (d)(1) or
(d)(2) of this section. Determination of whether a vent stream is
halogenated shall be made using procedures in (d)(3).
(1) If a combustion device is used to comply with paragraph (b)(1)
of this section for a halogenated vent stream, then the vent stream
exiting the combustion device shall be ducted to a halogen reduction
device, including, but not limited to, a scrubber before it is
discharged to the atmosphere.
(i) Except as provided in paragraph (d)(1)(ii) of this section, the
halogen reduction device shall reduce overall emissions of hydrogen
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99
percent or shall reduce the outlet mass emission rate of total hydrogen
halides and halogens to 0.45 kilograms per hour or less, whichever is
less stringent.
(ii) If a scrubber or other halogen reduction device was installed
prior to December 31, 1992, the halogen reduction device shall reduce
overall emissions of hydrogen halides and halogens, as defined in
Sec. 63.111 of this subpart, by 95 percent or shall reduce the outlet
mass of total hydrogen halides and halogens to less than 0.45 kilograms
per hour, whichever is less stringent.
(2) A halogen reduction device, such as a scrubber, or other
technique may be used to make the vent stream non-halogenated by
reducing the vent stream halogen atom mass emission rate to less than
0.45 kilograms per hour prior to any combustion control device used to
comply with the requirements of paragraphs (b)(1) or (b)(2) of this
section.
(3) In order to determine whether a vent stream is halogenated, the
mass emission rate of halogen atoms contained in organic compounds shall
be calculated.
(i) The vent stream concentration of each organic compound
containing halogen atoms (parts per million by volume by compound) shall
be determined based on the following procedures:
(A) Process knowledge that no halogen or hydrogen halides are
present in the process, or
(B) Applicable engineering assessment as specified in
Sec. 63.115(d)(1)(iii) of this subpart, or
(C) Concentration of organic compounds containing halogens measured
by Method 18 of 40 CFR part 60, appendix A, or
[[Page 181]]
(D) Any other method or data that has been validated according to
the applicable procedures in Method 301 of appendix A of this part.
(ii) The following equation shall be used to calculate the mass
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR22AP94.211
where:
E=Mass of halogen atoms, dry basis, kilograms per hour.
K2=Constant, 2.494 x 10-6 (parts per
million)-1 (kilogram-mole per standard cubic meter) (minute/
hour), where standard temperature is 20 deg.C.
Cj=Concentration of halogenated compound j in the gas stream,
dry basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the
gas stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas
stream.
Vs=Flow rate of gas stream, dry standard cubic meters per
minute, determined according to Sec. 63.128(a)(8) of this subpart.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.
(e) For each Group 1 transfer rack the owner or operator shall load
organic HAP's into only tank trucks and railcars which:
(1) Have a current certification in accordance with the U. S.
Department of Transportation pressure test requirements of 49 CFR part
180 for tank trucks and 49 CFR 173.31 for railcars; or
(2) Have been demonstrated to be vapor-tight within the preceding 12
months, as determined by the procedures in Sec. 63.128(f) of this
subpart. Vapor-tight means that the truck or railcar tank will sustain a
pressure change of not more than 750 pascals within 5 minutes after it
is pressurized to a minimum of 4,500 pascals.
(f) The owner or operator of a transfer rack subject to the
provisions of this subpart shall load organic HAP's to only tank trucks
or railcars equipped with vapor collection equipment that is compatible
with the transfer rack's vapor collection system.
(g) The owner or operator of a transfer rack subject to this subpart
shall load organic HAP's to only tank trucks or railcars whose
collection systems are connected to the transfer rack's vapor collection
systems.
(h) The owner or operator of a transfer rack subject to the
provisions of this subpart shall ensure that no pressure-relief device
in the transfer rack's vapor collection system or in the organic
hazardous air pollutants loading equipment of each tank truck or railcar
shall begin to open during loading. Pressure relief devices needed for
safety purposes are not subject to this paragraph.
(i) Each valve in the vent system that would divert the vent stream
to the atmosphere, either directly or indirectly, shall be secured in a
non-diverting position using a carseal or a lock-and-key type
configuration, or shall be equipped with a flow indicator. Equipment
such as low leg drains, high point bleeds, analyzer vents, open-ended
valves or lines, and pressure relief devices needed for safety purposes
is not subject to this paragraph.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997]
Sec. 63.127 Transfer operations provisions--monitoring requirements.
(a) Each owner or operator of a Group 1 transfer rack equipped with
a combustion device used to comply with the 98 percent total organic
hazardous air pollutants reduction or 20 parts per million by volume
outlet concentration requirements in Sec. 63.126(b)(1) of this subpart
shall install, calibrate, maintain, and operate according to the
manufacturers' specifications (or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately) the monitoring equipment specified in paragraph
(a)(1), (a)(2), (a)(3), or (a)(4) of this section, as appropriate.
[[Page 182]]
(1) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
(i) Where an incinerator other than a catalytic incinerator is used,
a temperature monitoring device shall be installed in the firebox or in
the ductwork immediately downstream of the firebox in a position before
any substantial heat exchange occurs.
(ii) Where a catalytic incinerator is used, temperature monitoring
devices shall be installed in the gas stream immediately before and
after the catalyst bed.
(2) Where a flare is used, a device (including but not limited to a
thermocouple, infrared sensor, or an ultra-violet beam sensor) capable
of continuously detecting the presence of a pilot flame is required.
(3) Where a boiler or process heater with a design heat input
capacity less than 44 megawatts is used, a temperature monitoring device
in the firebox equipped with a continuous recorder is required. Any
boiler or process heater in which all vent streams are introduced with
the primary fuel or are used as the primary fuel is exempt from this
requirement.
(4) Where a scrubber is used with an incinerator, boiler, or process
heater in the case of halogenated vent streams, the following monitoring
equipment is required for the scrubber:
(i) A pH monitoring device equipped with a continuous recorder shall
be installed to monitor the pH of the scrubber effluent.
(ii) A flow meter equipped with a continuous recorder shall be
located at the scrubber influent for liquid flow. Gas stream flow shall
be determined using one of the procedures specified in paragraphs
(a)(4)(ii)(A) through (a)(4)(ii)(C) of this section.
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart
specified in Sec. 63.100(k) of subpart F of this part, the owner or
operator may determine gas stream flow by the method that had been
utilized to comply with those regulations. A determination that was
conducted prior to the compliance date for this subpart may be utilized
to comply with this subpart if it is still representative.
(C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method which will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method which will at least provide
a value for either a representative or the highest gas stream flow
anticipated in the scrubber during representative operating conditions
other than start-ups, shutdowns, or malfunctions. The plan shall include
a description of the methodology to be followed and an explanation of
how the selected methodology will reliably determine the gas stream
flow, and a description of the records that will be maintained to
document the determination of gas stream flow. The owner or operator
shall maintain the plan as specified in Sec. 63.103(c).
(b) Each owner or operator of a Group 1 transfer rack that uses a
recovery device or recapture device to comply with the 98-percent
organic hazardous air pollutants reduction or 20 parts per million by
volume hazardous air pollutants concentration requirements in
Sec. 63.126(b)(1) of this subpart shall install either an organic
monitoring device equipped with a continuous recorder, or the monitoring
equipment specified in paragraph (b)(1), (b)(2), or (b)(3) of this
section, depending on the type of recovery device or recapture device
used. All monitoring equipment shall be installed, calibrated, and
maintained according to the manufacturer's specifications or other
written procedures that provide adequate assurance that the equipment
would reasonably be expected to monitor accurately.
(1) Where an absorber is used, a scrubbing liquid temperature
monitoring device equipped with a continuous recorder shall be used; and
a specific gravity monitoring device equipped with a continuous recorder
shall be used.
[[Page 183]]
(2) Where a condenser is used, a condenser exit (product side)
temperature monitoring device equipped with a continuous recorder shall
be used.
(3) Where a carbon adsorber is used, an integrating regeneration
stream flow monitoring device having an accuracy of 10
percent or better, capable of recording the total regeneration stream
mass flow for each regeneration cycle; and a carbon bed temperature
monitoring device, capable of recording the temperature of the carbon
bed after regeneration and within 15 minutes of completing any cooling
cycle shall be used.
(c) An owner or operator of a Group 1 transfer rack may request
approval to monitor parameters other than those listed in paragraph (a)
or (b) of this section. The request shall be submitted according to the
procedures specified in Sec. 63.151(f) or Sec. 63.152(e) of this
subpart. Approval shall be requested if the owner or operator:
(1) Seeks to demonstrate compliance with the standards specified in
Sec. 63.126(b) of this subpart with a control device other than an
incinerator, boiler, process heater, flare, absorber, condenser, or
carbon adsorber; or
(2) Uses one of the control devices listed in paragraphs (a) and (b)
of this section, but seeks to monitor a parameter other than those
specified in paragraphs (a) and (b) of this subpart.
(d) The owner or operator of a Group 1 transfer rack using a vent
system that contains by-pass lines that could divert a vent stream flow
away from the control device used to comply with Sec. 63.126(b) of this
subpart shall comply with paragraph (d)(1) or (d)(2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, and pressure relief valves needed for safety
purposes are not subject to this paragraph.
(1) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. Records shall be
generated as specified in Sec. 63.130(b) of this subpart. The flow
indicator shall be installed at the entrance to any by-pass line that
could divert the vent stream away from the control device to the
atmosphere; or
(2) Secure the by-pass line valve in the closed position with a car-
seal or a lock-and-key type configuration.
(i) A visual inspection of the seal or closure mechanism shall be
performed at least once every month to ensure that the valve is
maintained in the closed position and the vent stream is not diverted
through the by-pass line.
(ii) If a car-seal has been broken or a valve position changed, the
owner or operator shall record that the vent stream has been diverted.
The car-seal or lock-and-key combination shall be returned to the
secured position as soon as practicable but not later than 15 calendar
days after the change in position is detected.
(e) The owner or operator shall establish a range that indicates
proper operation of the control device for each parameter monitored
under paragraphs (a), (b), and (c) of this section. In order to
establish the range, the information required in Sec. 63.152(b)(2) of
this subpart shall be submitted in the Notification of Compliance Status
or the operating permit application or amendment.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997]
Sec. 63.128 Transfer operations provisions--test methods and procedures.
(a) A performance test is required for determining compliance with
the reduction of total organic HAP emissions in Sec. 63.126(b) of this
subpart for all control devices except as specified in paragraph (c) of
this section. Performance test procedures are as follows:
(1) For control devices shared between transfer racks and process
vents, the performance test procedures in Sec. 63.116(c) of this subpart
shall be followed.
(2) A performance test shall consist of three runs.
(3) All testing equipment shall be prepared and installed as
specified in the appropriate test methods.
(4) For control devices shared between multiple arms that load
simultaneously, the minimum sampling time for each run shall be 1 hour
in which either an integrated sample or a minimum of four grab samples
shall be taken. If grab sampling is used, then
[[Page 184]]
the samples shall be taken at approximately equal intervals in time,
such as 15-minute intervals during the run.
(5) For control devices that are capable of continuous vapor
processing but do not meet the conditions in (a)(7)(i)(B) of this
section.
(A) Sampling sites shall be located at the inlet and outlet of the
control device, except as provided in paragraph (a)(7)(i)(B) of this
section.
(B) If a vent stream is introduced with the combustion air or as a
secondary fuel into a boiler or process heater with a design capacity
less than 44 megawatts, selection of paragraph (a)(1) or (a)(4) of this
section, each run shall represent at least one complete filling period,
during which liquid organic HAP's are loaded, and samples shall be
collected using integrated sampling or grab samples taken at least four
times per hour at approximately equal intervals of time, such as 15-
minute intervals.
(6) For intermittent vapor processing systems that do not meet the
conditions in paragraph (a)(1) or (a)(4) of this section, each run shall
represent at least one complete control device cycle, and samples shall
be collected using integrated sampling or grab samples taken at least
four times per hour at approximately equal intervals of time, such as
15-minute intervals.
(7) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of sampling sites.
(i) For an owner or operator complying with the 98-percent total
organic HAP reduction requirements in Sec. 63.126(b)(1) of this subpart,
sampling sites shall be located as specified in paragraph (a)(7)(i)(A)
or (a)(7)(i)(B) of this section.
(A) Sampling sites shall be located at the inlet and outlet of the
control device, except as provided in paragraph (a)(7)(i)(B) of this
section.
(B) If a vent stream is introduced with the combustion air or as a
secondary fuel into a boiler or process heater with a design capacity
less than 44 megawatts, selection of the location of the inlet sampling
sites shall ensure the measurement of total organic HAP or TOC (minus
methane and ethane) concentrations in all vent streams and primary and
secondary fuels introduced into the boiler or process heater. A sampling
site shall also be located at the outlet of the boiler or process
heater.
(ii) For an owner or operator complying with the 20 parts per
million by volume limit in Sec. 63.126(b)(1) of this subpart, the
sampling site shall be located at the outlet of the control device.
(8) The volumetric flow rate, in standard cubic meters per minute at
20 deg.C, shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR
part 60, appendix A as appropriate.
(9) For the purpose of determining compliance with the 20 parts per
million by volume limit in Sec. 63.126(b)(1), Method 18 or Method 25A of
40 CFR part 60, appendix A shall be used to measure either organic
compound concentration or organic HAP concentration, except as provided
in paragraph (a)(11) of this section.
(i) If Method 25A of 40 CFR part 60, appendix A is used, the
following procedures shall be used to calculate the concentration of
organic compounds (CT):
(A) The principal organic HAP in the vent stream shall be used as
the calibration gas.
(B) The span value for Method 25A of 40 CFR part 60, appendix A
shall be between 1.5 and 2.5 times the concentration being measured.
(C) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if
the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(D) The concentration of TOC shall be corrected to 3 percent oxygen
using the procedures and equation in paragraph (a)(9)(v) of this
section.
(ii) If Method 18 of 40 CFR part 60, appendix A is used to measure
the concentration of organic compounds, the organic compound
concentration (CT) is the sum of the individual components
and shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.212
where:
[[Page 185]]
CT=Total concentration of organic compounds (minus methane
and ethane), dry basis, parts per million by volume.
Cj=Concentration of sample components j, dry basis, parts per
million by volume.
n=Number of components in the sample.
(iii) If an owner or operator uses Method 18 of 40 CFR part 60,
appendix A to compute total organic HAP concentration rather than
organic compounds concentration, the equation in paragraph (a)(9)(ii) of
this section shall be used except that only organic HAP species shall be
summed. The list of organic HAP's is provided in table 2 of subpart F of
this part.
(iv) The emission rate correction factor or excess air, integrated
sampling and analysis procedures of Method 3B of 40 CFR part 60,
appendix A shall be used to determine the oxygen concentration. The
sampling site shall be the same as that of the organic hazardous air
pollutants or organic compound samples, and the samples shall be taken
during the same time that the organic hazardous air pollutants or
organic compound samples are taken.
(v) The organic compound concentration corrected to 3 percent oxygen
(Cc) shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.213
where:
Cc=Concentration of organic compounds corrected to 3 percent
oxygen, dry basis, parts per million by volume.
CT=Total concentration of organic compounds, dry basis, parts
per million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.
(10) For the purpose of determining compliance with the 98-percent
reduction requirement in Sec. 63.126(b)(1) of this subpart, Method 18 or
Method 25A of 40 CFR part 60, appendix A shall be used, except as
provided in paragraph (a)(11) of this section.
(i) For the purpose of determining compliance with the reduction
efficiency requirement, organic compound concentration may be measured
in lieu of organic HAP concentration.
(ii) If Method 25A of 40 CFR part 60, appendix A is used to measure
the concentration of organic compounds (CT), the principal
organic HAP in the vent stream shall be used as the calibration gas.
(A) An emission testing interval shall consist of each 15-minute
period during the performance test. For each interval, a reading from
each measurement shall be recorded.
(B) The average organic compound concentration and the volume
measurement shall correspond to the same emissions testing interval.
(C) The mass at the inlet and outlet of the control device during
each testing interval shall be calculated as follows:
Mj=FKVsCT
where:
Mj=Mass of organic compounds emitted during testing interval
j, kilograms.
Vs=Volume of air-vapor mixture exhausted at standard
conditions, 20 deg.C and 760 millimeters mercury, standard cubic
meters.
CT=Total concentration of organic compounds (as measured) at
the exhaust vent, parts per million by volume, dry basis.
K=Density, kilograms per standard cubic meter organic HAP. 659 kilograms
per standard cubic meter organic HAP. (Note: The density term cancels
out when the percent reduction is calculated. Therefore, the density
used has no effect. The density of hexane is given so that it can be
used to maintain the units of Mj.)
F=10-6=Conversion factor, (cubic meters organic HAP per cubic
meters air) * (parts per million by volume)-1.
(D) The organic compound mass emission rates at the inlet and outlet
of the control device shall be calculated as follows:
[[Page 186]]
[GRAPHIC] [TIFF OMITTED] TR22AP94.214
[GRAPHIC] [TIFF OMITTED] TR22AP94.215
where:
Ei, Eo=Mass flow rate of organic compounds at the
inlet (i) and outlet (o) of the combustion or recovery device, kilograms
per hour.
Mij, Moj=Mass of organic compounds at the inlet
(i) or outlet (o) during testing interval j, kilograms.
T=Total time of all testing intervals, hours.
n=Number of testing intervals.
(iii) If Method 18 of 40 CFR part 60, appendix A is used to measure
organic compounds, the mass rates of organic compounds (Ei,
Eo) shall be computed using the following equations:
[GRAPHIC] [TIFF OMITTED] TR22AP94.216
[GRAPHIC] [TIFF OMITTED] TR22AP94.217
where:
Cij, Coj=Concentration of sample component j of
the gas stream at the inlet and outlet of the control device,
respectively, dry basis, parts per million by volume.
MWij, MWoj=Molecular weight of sample component j
of the gas stream at the inlet and outlet of the control device,
respectively, gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and
outlet of the control device, respectively, dry standard cubic meter per
minute.
K2=Constant, 2.494 x 10-6 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature for (gram-mole per
standard cubic meter) is 20 deg.C.
(iv) Where Method 18 or 25A of 40 CFR part 60, appendix A is used to
measure the percent reduction in organic compounds, the percent
reduction across the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.218
where:
R=Control efficiency of control device, percent.
Ei=Mass emitted or mass flow rate of organic compounds at the
inlet to the combustion or recovery device as calculated under paragraph
(a)(10)(ii)(D) or (a)(10)(iii) of this section, kilogram per hour.
Eo=Mass emitted or mass flow rate of organic compounds at the
outlet of the combustion or recovery device, as calculated under
paragraph (a)(10)(ii)(D) or (a)(10)(iii) of this section, kilogram per
hour.
(11) The owner or operator may use any methods or data other than
Method 18 or Method 25A of 40 CFR part 60, appendix A, if the method or
data has been validated according to Method 301 of appendix A of this
part.
(b) When a flare is used to comply with Sec. 63.126(b)(2) of this
subpart, the owner or operator shall comply with the flare provisions in
Sec. 63.11(b) of subpart A of this part.
(1) The compliance determination shall be conducted using Method 22
of 40 CFR part 60, appendix A, to determine visible emissions. The
observation period shall be at least 2 hours and shall be conducted
according to Method 22 of 40 CFR part 60, appendix A.
(i) If the loading cycle is less than 2 hours, then the observation
period for that run shall be for the entire loading cycle.
(ii) If additional loading cycles are initiated within the 2-hour
period, then visible emission observations shall be conducted for the
additional cycles.
(2) An owner or operator is not required to conduct a performance
test to determine the percent emission reduction or outlet total HAP or
TOC concentration when a flare is used.
[[Page 187]]
(c) An owner or operator is not required to conduct a performance
test when any of the conditions specified in paragraphs (c)(1) through
(c)(7) of this section are met.
(1) When a boiler or process heater with a design heat input
capacity of 44 megawatts or greater is used.
(2) When a boiler or process heater burning hazardous waste is used
for which the owner or operator:
(i) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H, or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 266 subpart H.
(3) When emissions are routed to a fuel gas system or when a boiler
or process heater is used and the vent stream is introduced with the
primary fuel.
(4) When a vapor balancing system is used.
(5) When emissions are recycled to a chemical manufacturing process
unit.
(6) When a transfer rack transfers less than 11.8 million liters per
year and the owner or operator complies with the requirements in
paragraph (h) of this section or uses a flare to comply with
Sec. 63.126(b)(2) of this subpart.
(7) When a hazardous waste incinerator is used for which the owner
or operator has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 264, subpart O, or has
certified compliance with the interim status requirements 40 CFR part
265, subpart O.
(d) An owner or operator using a combustion device followed by a
scrubber or other halogen reduction device to control a halogenated
transfer vent stream in compliance with Sec. 63.126(d) of this subpart
shall conduct a performance test to determine compliance with the
control efficiency or emission limits for hydrogen halides and halogens.
(1) For an owner or operator determining compliance with the percent
reduction of total hydrogen halides and halogens, sampling sites shall
be located at the inlet and outlet of the scrubber or other halogen
reduction device used to reduce halogen emissions. For an owner or
operator complying with the 0.45 kilogram per hour outlet mass emission
rate limit for total hydrogen halides and halogens, the sampling site
shall be located at the outlet of the scrubber or other halogen
reduction device and prior to release to the atmosphere.
(2) Except as provided in paragraph (d)(5) of this section, Method
26 or 26A of 40 CFR part 60, appendix A, shall be used to determine the
concentration in milligrams per dry standard cubic meter of the hydrogen
halides and halogens that may be present in the stream. The mass
emission rate of each hydrogen halide and halogen compound shall be
calculated from the concentrations and the gas stream flow rate.
(3) To determine compliance with the percent emissions reduction
limit, the mass emission rate for any hydrogen halides and halogens
present at the scrubber inlet shall be summed together. The mass
emission rate of the compounds present at the scrubber outlet shall be
summed together. Percent reduction shall be determined by comparison of
the summed inlet and outlet measurements.
(4) To demonstrate compliance with the 0.45 kilograms per hour mass
emission rate limit, the test results must show that the mass emission
rate of the total hydrogen halides and halogens measured at the scrubber
outlet is below 0.45 kilograms per hour.
(5) The owner or operator may use any other method or data to
demonstrate compliance if the method or data has been validated
according to the protocol of Method 301 of appendix A of this part.
(e) The owner or operator shall inspect the vapor collection system
and vapor balancing system, according to the requirements for vapor
collection systems in Sec. 63.148 of this subpart.
(1) Inspections shall be performed only while a tank truck or
railcar is being loaded.
(2) For vapor collection systems only, an inspection shall be
performed prior to each performance test required to demonstrate
compliance with Sec. 63.126(b)(1) of this subpart.
(3) For each vapor collection system that is operated and maintained
under negative pressure, the owner or operator is not required to comply
with the
[[Page 188]]
requirements specified in Sec. 63.148 of this subpart.
(f) For the purposes of demonstrating vapor tightness to determine
compliance with Sec. 63.126(e)(2) of this subpart, the following
procedures and equipment shall be used:
(1) The pressure test procedures specified in Method 27 of 40 CFR
part 60, appendix A; and
(2) A pressure measurement device which has a precision of 2.5
millimeters of mercury or better and which is capable of measuring above
the pressure at which the tank truck or railcar is to be tested for
vapor tightness.
(g) An owner or operator using a scrubber or other halogen reduction
device to reduce the vent stream halogen atom mass emission rate to less
than 0.45 kilograms per hour prior to a combustion device used to comply
with Sec. 63.126(d)(2) shall determine the halogen atom mass emission
rate prior to the combustor according to the procedures in paragraph
(d)(3) of this section.
(h) For transfer racks that transfer less than 11.8 million liters
per year of liquid organic HAP's, the owner or operator may comply with
the requirements in paragraphs (h)(1) through (h)(3) of this section
instead of the requirements in paragraph (a) or (b) of this section.
(1) The owner or operator shall prepare, as part of the Notification
of Compliance Status required by Sec. 63.152(b) of this subpart, a
design evaluation that shall document that the control device being used
achieves the required control efficiency during reasonably expected
maximum loading conditions. This documentation is to include a
description of the gas stream which enters the control device, including
flow and organic HAP content, and the information specified in
paragraphs (h)(1)(i) through (h)(1)(v) of this section, as applicable.
(i) If the control device receives vapors, gases, or liquids, other
than fuels, from emission points other than transfer racks subject to
this subpart, the efficiency demonstration is to include consideration
of all vapors, gases, and liquids, other than fuels, received by the
control device.
(ii) If an enclosed combustion device with a maximum residence time
of 0.5 seconds and a minimum temperature of 760 deg.C is used to meet
the 98-percent emission reduction requirement, documentation that those
conditions exist is sufficient to meet the requirements of paragraph
(h)(1) of this section.
(iii) Except as provided in paragraph (h)(1)(ii) of this section,
for thermal incinerators, the design evaluation shall include the
autoignition temperature of the organic HAP, the flow rate of the
organic HAP emission stream, the combustion temperature, and the
residence time at the combustion temperature.
(iv) For carbon adsorbers, the design evaluation shall include the
affinity of the organic HAP vapors for carbon, the amount of carbon in
each bed, the number of beds, the humidity of the feed gases, the
temperature of the feed gases, the flow rate of the organic HAP emission
stream, the desorption schedule, the regeneration stream pressure or
temperature, and the flow rate of the regeneration stream. For vacuum
desorption, pressure drop shall be included.
(v) For condensers, the design evaluation shall include the final
temperature of the organic HAP vapors, the type of condenser, and the
design flow rate of the organic HAP emission stream.
(2) The owner or operator shall submit, as part of the Notification
of Compliance Status required by Sec. 63.152(b) of this subpart, the
operating range for each monitoring parameter identified for each
control device. The specified operating range shall represent the
conditions for which the control device can achieve the 98-percent-or-
greater emission reduction required by Sec. 63.126(b)(1) of this
subpart.
(3) The owner or operator shall monitor the parameters specified in
the Notification of Compliance Status required in Sec. 63.152(b) of this
subpart or operating permit and shall operate and maintain the control
device such that the monitored parameters remain within the ranges
specified in the Notification of Compliance Status, except
[[Page 189]]
as provided in Secs. 63.152(c) and 63.152(f) of this subpart.
[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62
FR 2750, Jan. 17, 1997]
Sec. 63.129 Transfer operations provisions--reporting and recordkeeping for performance tests and notification of compliance status.
(a) Each owner or operator of a Group 1 transfer rack shall:
(1) Keep an up-to-date, readily accessible record of the data
specified in paragraphs (a)(4) through (a)(8) of this section, as
applicable.
(2) Include the data specified in paragraphs (a)(4) through (a)(7)
of this section in the Notification of Compliance Status report as
specified in Sec. 63.152(b) of this subpart.
(3) If any subsequent performance tests are conducted after the
Notification of Compliance Status has been submitted, report the data in
paragraphs (a)(4) through (a)(7) of this section in the next Periodic
Report as specified in Sec. 63.152(c) of this subpart.
(4) Record and report the following when using a control device
other than a flare to achieve a 98 weight percent reduction in total
organic HAP or a total organic HAP concentration of 20 parts per million
by volume, as specified in Sec. 63.126(b)(1) of this subpart:
(i) The parameter monitoring results for thermal incinerators,
catalytic incinerators, boilers or process heaters, absorbers,
condensers, or carbon adsorbers specified in table 7 of this subpart,
recorded during the performance test, and averaged over the time period
of the performance testing.
(ii) For combustion devices, the concentration shall be reported on
a dry basis corrected to 3-percent oxygen.
(iii) The parameters shall be recorded at least every 15 minutes.
(iv) For a boiler or process heater, a description of the location
at which the vent stream is introduced into the boiler or process
heater.
(5) Record and report the following when using a flare to comply
with Sec. 63.126(b)(2) of this subpart:
(i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
(ii) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during the
compliance determination required by Sec. 63.128(b) of this subpart; and
(iii) All periods during the compliance determination when the pilot
flame is absent.
(6) Record and report the following when using a scrubber following
a combustion device to control a halogenated vent stream, as specified
in Sec. 63.126(d) of this subpart:
(i) The percent reduction or scrubber outlet mass emission rate of
total hydrogen halides and halogens determined according to the
procedures in Sec. 63.128(d) of this subpart;
(ii) The parameter monitoring results for scrubbers specified in
table 7 of this subpart, and averaged over the time period of the
performance test; and
(iii) The parameters shall be recorded at least every 15 minutes.
(7) Record and report the halogen concentration in the vent stream
determined according to the procedures as specified in Sec. 63.128(d) of
this subpart.
(8) Report that the emission stream is being routed to a fuel gas
system or a process, when complying using Sec. 63.126(b)(4).
(b) If an owner or operator requests approval to use a control
device other than those listed in table 7 of this subpart or to monitor
a parameter other than those specified in table 7 of this subpart, the
owner or operator shall submit a description of planned reporting and
recordkeeping procedures as required under Sec. 63.151(f) or
Sec. 63.152(e) of this subpart. The Administrator will specify
appropriate reporting and recordkeeping requirements as part of the
review of the permit application or by other appropriate means.
(c) For each parameter monitored according to table 7 of this
subpart or paragraph (b) of this section, the owner or operator shall
establish a range for the parameter that indicates proper operation of
the control device. In order to establish the range, the information
required in Sec. 63.152(b)(2) of this subpart shall be submitted in the
Notification of Compliance Status or the operating permit application or
amendment.
(d) Each owner or operator shall maintain a record describing in
detail
[[Page 190]]
the vent system used to vent each affected transfer vent stream to a
control device. This document shall list all valves and vent pipes that
could vent the stream to the atmosphere, thereby by-passing the control
device; identify which valves are secured by car-seals or lock-and-key
type configurations; and indicate the position (open or closed) of those
valves which have car-seals. Equipment leaks such as low leg drains,
high point bleeds, analyzer vents, open-ended valves or lines, and
pressure relief valves needed for safety purposes are not subject to
this paragraph.
(e) An owner or operator meeting the requirements of Sec. 63.128(h)
of this subpart shall submit, as part of the Notification of Compliance
Status required by Sec. 63.152(b) of this subpart, the information
specified in Sec. 63.128(h)(1) of this subpart.
(f) An owner or operator meeting the requirements of Sec. 63.128(h)
of this subpart shall submit, as part of the Notification of Compliance
Status required by Sec. 63.152(b) of this subpart, the operating range
for each monitoring parameter identified for each control device.
[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62
FR 2750, Jan. 17, 1997]
Sec. 63.130 Transfer operations provisions--periodic recordkeeping and reporting.
(a) Each owner or operator using a control device to comply with
Sec. 63.126(b)(1) or (b)(2) of this subpart shall keep the following up-
to-date, readily accessible records:
(1) While the transfer vent stream is being vented to the control
device, continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.127 of this subpart, and listed
in table 7 of this subpart or specified by the Administrator in
accordance with Secs. 63.127(c) and 63.129(b). For flares, the hourly
records and records of pilot flame outages specified in table 7 shall be
maintained in place of continuous records.
(2) Records of the daily average value of each monitored parameter
for each operating day determined according to the procedures specified
in Sec. 63.152(f), except as provided in paragraphs (a)(2)(i) through
(a)(2)(iii) of this section.
(i) For flares, records of the times and duration of all periods
during which the pilot flame is absent shall be kept rather than daily
averages.
(ii) If carbon adsorber regeneration stream flow and carbon bed
regeneration temperature are monitored, the records specified in table 7
of this subpart shall be kept instead of the daily averages.
(iii) Records of the duration of all periods when the vent stream is
diverted through by-pass lines shall be kept rather than daily averages.
(3) For boilers or process heaters, records of any changes in the
location at which the vent stream is introduced into the flame zone as
required under the reduction of total organic HAP emissions in
Sec. 63.126(b)(1) of this subpart.
(b) If a vapor collection system containing valves that could divert
the emission stream away from the control device is used, each owner or
operator of a Group 1 transfer rack subject to the provisions of
Sec. 63.127(d) of this subpart shall keep up-to-date, readily accessible
records of:
(1) Hourly records of whether the flow indicator specified under
Sec. 63.127(d)(1) was operating and whether a diversion was detected at
any time during the hour, as well as records of the times of all periods
when the vent stream is diverted from the control device or the flow
indicator is not operating.
(2) Where a seal mechanism is used to comply with Sec. 63.127(d)(2),
hourly records of flow are not required. In such cases, the owner or
operator shall record that the monthly visual inspection of the seals or
closure mechanisms has been done, and shall record the occurrence of all
periods when the seal mechanism is broken, the by-pass line valve
position has changed, or the key for a lock-and-key type lock has been
checked out, and records of any car-seal that has broken, as listed in
table 7 of this subpart.
(c) Each owner or operator of a Group 1 transfer rack who uses a
flare to comply with Sec. 63.126(b)(2) of this subpart
[[Page 191]]
shall keep up-to-date, readily accessible records of the flare pilot
flame monitoring specified under Sec. 63.127(a)(2) of this subpart.
(d) Each owner or operator of a transfer rack subject to the
requirements of Sec. 63.126 of this subpart shall submit to the
Administrator Periodic Reports of the following information according to
the schedule in Sec. 63.152(c) of this subpart:
(1) Reports of daily average values of monitored parameters for all
operating days when the daily average values were outside the range
established in the Notification of Compliance Status or operating
permit.
(2) Reports of the duration of periods when monitoring data are not
collected for each excursion caused by insufficient monitoring data as
defined in Sec. 63.152(c)(2)(ii)(A) of this subpart.
(3) Reports of the times and durations of all periods recorded under
paragraph (b)(1) of this section when the vent stream was diverted from
the control device.
(4) Reports of all times recorded under paragraph (b)(2) of this
section when maintenance is performed on car-sealed valves, when the car
seal is broken, when the by-pass line valve position is changed, or the
key for a lock-and-key type configuration has been checked out.
(5) Reports of the times and durations of all periods recorded under
paragraph (a)(2)(v) of this section in which all pilot flames of a flare
were absent.
(6) Reports of all carbon bed regeneration cycles during which the
parameters recorded under paragraph (a)(2)(vi) of this section were
outside the ranges established in the Notification of Compliance Status
or operating permit.
(e) The owner or operator of a Group 1 transfer rack shall record
that the verification of DOT tank certification or Method 27 testing,
required in Sec. 63.126(e) of this subpart, has been performed. Various
methods for the record of verification can be used, such as: A check off
on a log sheet; a list of DOT serial numbers or Method 27 data; or a
position description for gate security, showing that the security guard
will not allow any trucks on site that do not have the appropriate
documentation.
(f) Each owner or operator of a Group 1 or Group 2 transfer rack
shall record, update annually, and maintain the information specified in
paragraphs (f)(1) through (f)(3) of this section in a readily accessible
location on site:
(1) An analysis demonstrating the design and actual annual
throughput of the transfer rack;
(2) An analysis documenting the weight-percent organic HAP's in the
liquid loaded. Examples of acceptable documentation include but are not
limited to analyses of the material and engineering calculations.
(3) An analysis documenting the annual rack weighted average HAP
partial pressure of the transfer rack.
(i) For Group 2 transfer racks that are limited to transfer of
organic HAP's with partial pressures less than 10.3 kilopascals,
documentation is required of the organic HAP's (by compound) that are
transferred. The rack weighted average partial pressure does not need to
be calculated.
(ii) For racks transferring one or more organic HAP's with partial
pressures greater than 10.3 kilopascals, as well as one or more organic
HAP's with partial pressures less than 10.3 kilopascals, a rack weighted
partial pressure shall be documented. The rack weighted average HAP
partial pressure shall be weighted by the annual throughput of each
chemical transferred.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2750, Jan. 17, 1997]
Sec. 63.131 [Reserved]
Sec. 63.132 Process wastewater provisions--general.
(a) Existing sources. This paragraph specifies the requirements
applicable to process wastewater streams located at existing sources.
The owner or operator shall comply with the requirements in paragraphs
(a)(1) through (a)(3) of this section, no later than the applicable
dates specified in Sec. 63.100 of subpart F of this part.
(1) Determine wastewater streams to be controlled for Table 9
compounds. Determine whether each wastewater stream requires control for
Table 9 compounds
[[Page 192]]
by complying with the requirements in either paragraph (a)(1)(i) or
(a)(1)(ii) of this section, and comply with the requirements in
paragraph (a)(1)(iii) of this section.
(i) Comply with paragraph (c) of this section, determining whether
the wastewater stream is Group 1 or Group 2 for Table 9 compounds; or
(ii) Comply with paragraph (e) of this section, designating the
wastewater stream as a Group 1 wastewater stream.
(iii) Comply with paragraph (f) of this section.
(2) Requirements for Group 1 wastewater streams. For wastewater
streams that are Group 1 for Table 9 compounds, comply with paragraphs
(a)(2)(i) through (a)(2)(iv) of this section.
(i) Comply with the applicable requirements for wastewater tanks,
surface impoundments, containers, individual drain systems, and oil/
water separators as specified in Sec. 63.133 through Sec. 63.137 of this
subpart, except as provided in paragraphs (a)(2)(i)(A) and (a)(2)(i)(B)
of this section and Sec. 63.138(a)(3) of this subpart.
(A) The waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere provided the pressure
relief device is not used for planned or routine venting of emissions.
(B) The pressure relief device remains in a closed position at all
times except when it is necessary for the pressure relief device to open
for the purpose of preventing physical damage or permanent deformation
of the waste management unit in accordance with good engineering and
safety practices.
(ii) Comply with the applicable requirements for control of Table 9
compounds as specified in Sec. 63.138 of this subpart. Alternatively,
the owner or operator may elect to comply with the treatment provisions
specified in Sec. 63.132(g) of this subpart.
(iii) Comply with the applicable monitoring and inspection
requirements specified in Sec. 63.143 of this subpart.
(iv) Comply with the applicable recordkeeping and reporting
requirements specified in Secs. 63.146 and 63.147 of this subpart.
(3) Requirements for Group 2 wastewater streams. For wastewater
streams that are Group 2, comply with the applicable recordkeeping and
reporting requirements specified in Secs. 63.146 and 63.147 of this
subpart.
(b) New sources. This paragraph specifies the requirements
applicable to process wastewater streams located at new sources. The
owner or operator shall comply with the requirements in paragraphs
(b)(1) through (b)(4) of this section, no later than the applicable
dates specified in Sec. 63.100 of subpart F of this part.
(1) Determine wastewater streams to be controlled for Table 8
compounds. Determine whether each wastewater stream requires control for
Table 8 compounds by complying with the requirements in either paragraph
(b)(1)(i) or (b)(1)(ii) of this section, and comply with the
requirements in paragraph (b)(1)(iii) of this section.
(i) Comply with paragraph (d) of this section, determining whether
the wastewater stream is Group 1 or Group 2 for Table 8 compounds; or
(ii) Comply with paragraph (e) of this section, designating the
wastewater stream as a Group 1 wastewater stream for Table 8 compounds.
(iii) Comply with paragraph (f) of this section.
(2) Determine wastewater streams to be controlled for Table 9
compounds. Determine whether each wastewater stream requires control for
Table 9 compounds by complying with the requirements in either paragraph
(b)(2)(i) or (b)(2)(ii) of this section, and comply with the
requirements in paragraph (b)(2)(iii) of this section.
(i) Comply with paragraph (c) of this section, determining whether
the wastewater stream is Group 1 or Group 2 for Table 9 compounds; or
(ii) Comply with paragraph (e) of this section, designating the
wastewater stream as a Group 1 wastewater stream.
(iii) Comply with paragraph (f) of this section.
(3) Requirements for Group 1 wastewater streams. For wastewater
streams that are Group 1 for Table 8 compounds and/or Table 9 compounds,
comply with paragraphs (b)(3)(i) through (b)(3)(iv) of this section.
[[Page 193]]
(i) Comply with the applicable requirements for wastewater tanks,
surface impoundments, containers, individual drain systems, and oil/
water separators specified in the requirements of Sec. 63.133 through
Sec. 63.137 of this subpart, except as provided in paragraphs
(b)(3)(i)(A) and (b)(3)(i)(B) of this section and Sec. 63.138(a)(3) of
this subpart.
(A) The waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere provided the pressure
relief device is not used for planned or routine venting of emissions.
(B) The pressure relief device remains in a closed position at all
times except when it is necessary for the pressure relief device to open
for the purpose of preventing physical damage or permanent deformation
of the waste management unit in accordance with good engineering and
safety practices.
(ii) Comply with the applicable requirements for control of Table 8
compounds specified in Sec. 63.138 of this subpart. Alternatively, the
owner or operator may elect to comply with the provisions specified in
Sec. 63.132(g) of this subpart.
(iii) Comply with the applicable monitoring and inspection
requirements specified in Sec. 63.143 of this subpart.
(iv) Comply with the applicable recordkeeping and reporting
requirements specified in Secs. 63.146 and 63.147 of this subpart.
(4) Requirements for Group 2 wastewater streams. For wastewater
streams that are Group 2 for both Table 8 and Table 9 compounds, comply
with the recordkeeping and reporting requirements specified in
Secs. 63.146 and 63.147 of this subpart.
(c) How to determine Group 1 or Group 2 status for Table 9
compounds. This paragraph provides instructions for determining whether
a wastewater stream is Group 1 or Group 2 for Table 9 compounds. Total
annual average concentration shall be determined according to the
procedures specified in Sec. 63.144(b) of this subpart. Annual average
flow rate shall be determined according to the procedures specified in
Sec. 63.144(c) of this subpart.
(1) A wastewater stream is a Group 1 wastewater stream for Table 9
compounds if:
(i) The total annual average concentration of Table 9 compounds is
greater than or equal to 10,000 parts per million by weight at any flow
rate; or
(ii) The total annual average concentration of Table 9 compounds is
greater than or equal to 1,000 parts per million by weight and the
annual average flow rate is greater than or equal to 10 liters per
minute.
(2) A wastewater stream is a Group 2 wastewater stream for Table 9
compounds if it is not a Group 1 wastewater stream for Table 9 compounds
by the criteria in paragraph (c)(1) of this section.
(d) How to determine Group 1 or Group 2 status for Table 8
compounds. This paragraph provides instructions for determining whether
a wastewater sream is Group 1 or Group 2 for Table 8 compounds. Annual
average concentration for each Table 8 compound shall be determined
according to the procedures specified in Sec. 63.144(b) of this subpart.
Annual average flow rate shall be determined according to the procedures
specified in Sec. 63.144(c) of this subpart.
(1) A wastewater stream is a Group 1 wastewater stream for Table 8
compounds if the annual average flow rate is 0.02 liter per minute or
greater and the annual average concentration of any individual table 8
compound is 10 parts per million by weight or greater.
(2) A wastewater stream is a Group 2 wastewater stream for Table 8
compounds if the annual average flow rate is less than 0.02 liter per
minute or the annual average concentration for each individual Table 8
compound is less than 10 parts per million by weight.
(e) How to designate a Group 1 wastewater stream. The owner or
operator may elect to designate a wastewater stream a Group 1 wastewater
stream in order to comply with paragraph (a)(1) or (b)(1) of this
section. To designate a wastewater stream or a mixture of wastewater
streams a Group 1 wastewater stream, the procedures specified in
paragraphs (e)(1) and (e)(2) of this section and Sec. 63.144(a)(2) of
this subpart shall be followed.
(1) From the point of determination for each wastewater stream that
is included in the Group 1 designation to
[[Page 194]]
the location where the owner or operator elects to designate such
wastewater stream(s) as a Group 1 wastewater stream, the owner or
operator shall comply with all applicable emission suppression
requirements specified in Secs. 63.133 through 63.137.
(2) From the location where the owner or operator designates a
wastewater stream or mixture of wastewater streams to be a Group 1
wastewater stream, such Group 1 wastewater stream shall be managed in
accordance with all applicable emission suppression requirements
specified in Secs. 63.133 through 63.137 and with the treatment
requirements in Sec. 63.138 of this part.
(f) Owners or operators of sources subject to this subpart shall not
discard liquid or solid organic materials with a concentration of
greater than 10,000 parts per million of Table 9 compounds (as
determined by analysis of the stream composition, engineering
calculations, or process knowledge, according to the provisions of
Sec. 63.144(b) of this subpart) from a chemical manufacturing process
unit to water or wastewater, unless the receiving stream is managed and
treated as a Group 1 wastewater stream. This prohibition does not apply
to materials from the activities listed in paragraphs (f)(1) through
(f)(4) of this section.
(1) Equipment leaks;
(2) Activities included in maintenance or startup/shutdown/
malfunction plans;
(3) Spills; or
(4) Samples of a size not greater than reasonably necessary for the
method of analysis that is used.
(g) Off-site treatment or on-site treatment not owned or operated by
the source. The owner or operator may elect to transfer a Group 1
wastewater stream or residual removed from a Group 1 wastewater stream
to an on-site treatment operation not owned or operated by the owner or
operator of the source generating the wastewater stream or residual, or
to an off-site treatment operation.
(1) The owner or operator transferring the wastewater stream or
residual shall:
(i) Comply with the provisions specified in Secs. 63.133 through
63.137 of this subpart for each waste management unit that receives or
manages a Group 1 wastewater stream or residual removed from a Group 1
wastewater stream prior to shipment or transport.
(ii) Include a notice with the shipment or transport of each Group 1
wastewater stream or residual removed from a Group 1 wastewater stream.
The notice shall state that the wastewater stream or residual contains
organic hazardous air pollutants that are to be treated in accordance
with the provisions of this subpart. When the transport is continuous or
ongoing (for example, discharge to a publicly-owned treatment works),
the notice shall be submitted to the treatment operator initially and
whenever there is a change in the required treatment.
(2) The owner or operator may not transfer the wastewater stream or
residual unless the transferee has submitted to the EPA a written
certification that the transferee will manage and treat any Group 1
wastewater stream or residual removed from a Group 1 wastewater stream
received from a source subject to the requirements of this subpart in
accordance with the requirements of either Secs. 63.133 through 63.147,
or Sec. 63.102(b) of subpart F, or subpart D of this part if alternative
emission limitations have been granted the transferor in accordance with
those provisions. The certifying entity may revoke the written
certification by sending a written statement to the EPA and the owner or
operator giving at least 90 days notice that the certifying entity is
rescinding acceptance of responsibility for compliance with the
regulatory provisions listed in this paragraph. Upon expiration of the
notice period, the owner or operator may not transfer the wastewater
stream or residual to the treatment operation.
(3) By providing this written certification to the EPA, the
certifying entity accepts responsibility for compliance with the
regulatory provisions listed in paragraph (g)(2) of this section with
respect to any shipment of wastewater or residual covered by the written
certification. Failure to abide by any of those provisions with respect
to such shipments may result in enforcement action by the EPA against
[[Page 195]]
the certifying entity in accordance with the enforcement provisions
applicable to violations of these provisions by owners or operators of
sources.
(4) Written certifications and revocation statements, to the EPA
from the transferees of wastewater or residuals shall be signed by the
responsible official of the certifying entity, provide the name and
address of the certifying entity, and be sent to the appropriate EPA
Regional Office at the addresses listed in 40 CFR 63.13. Such written
certifications are not transferable by the treater.
[62 FR 2751, Jan. 17, 1997]
Sec. 63.133 Process wastewater provisions--wastewater tanks.
(a) For each wastewater tank that receives, manages, or treats a
Group 1 wastewater stream or a residual removed from a Group 1
wastewater stream, the owner or operator shall comply with the
requirements of either paragraph (a)(1) or (a)(2) of this section as
specified in table 10 of this subpart.
(1) The owner or operator shall operate and maintain a fixed roof
except that if the wastewater tank is used for heating wastewater, or
treating by means of an exothermic reaction or the contents of the tank
is sparged, the owner or operator shall comply with the requirements
specified in paragraph (a)(2) of this section.
(2) The owner or operator shall comply with the requirements in
paragraphs (b) through (h) of this section and shall operate and
maintain one of the emission control techniques listed in paragraphs
(a)(2)(i) through (a)(2)(iv) of this section.
(i) A fixed roof and a closed-vent system that routes the organic
hazardous air pollutants vapors vented from the wastewater tank to a
control device.
(ii) A fixed roof and an internal floating roof that meets the
requirements specified in Sec. 63.119(b) of this subpart;
(iii) An external floating roof that meets the requirements
specified in Secs. 63.119(c), 63.120(b)(5), and 63.120(b)(6) of this
subpart; or
(iv) An equivalent means of emission limitation. Determination of
equivalence to the reduction in emissions achieved by the requirements
of paragraphs (a)(2)(i) through (a)(2)(iii) of this section will be
evaluated according to Sec. 63.102(b) of subpart F of this part. The
determination will be based on the application to the Administrator
which shall include the information specified in either paragraph
(a)(2)(iv)(A) or (a)(2)(iv)(B) of this section.
(A) Actual emissions tests that use full-size or scale-model
wastewater tanks that accurately collect and measure all organic
hazardous air pollutants emissions from a given control technique, and
that accurately simulate wind and account for other emission variables
such as temperature and barometric pressure, or
(B) An engineering evaluation that the Administrator determines is
an accurate method of determining equivalence.
(b) If the owner or operator elects to comply with the requirements
of paragraph (a)(2)(i) of this section, the fixed roof shall meet the
requirements of paragraph (b)(1) of this section, the control device
shall meet the requirements of paragraph (b)(2) of this section, and the
closed-vent system shall meet the requirements of paragraph (b)(3) of
this section.
(1) The fixed-roof shall meet the following requirements:
(i) Except as provided in paragraph (b)(4) of this section, the
fixed roof and all openings (e.g., access hatches, sampling ports, and
gauge wells) shall be maintained in accordance with the requirements
specified in Sec. 63.148 of this subpart.
(ii) Each opening shall be maintained in a closed position (e.g.,
covered by a lid) at all times that the wastewater tank contains a Group
1 wastewater stream or residual removed from a Group 1 wastewater stream
except when it is necessary to use the opening for wastewater sampling,
removal, or for equipment inspection, maintenance, or repair.
(2) The control device shall be designed, operated, and inspected in
accordance with the requirements of Sec. 63.139 of this subpart.
(3) Except as provided in paragraph (b)(4) of this section, the
closed-vent system shall be inspected in accordance with the
requirements of Sec. 63.148 of this subpart.
[[Page 196]]
(4) For any fixed roof tank and closed-vent system that is operated
and maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.148 of
this subpart.
(c) If the owner or operator elects to comply with the requirements
of paragraph (a)(2)(ii) of this section, the floating roof shall be
inspected according to the procedures specified in Sec. 63.120(a)(2) and
(a)(3) of this subpart.
(d) Except as provided in paragraph (e) of this section, if the
owner or operator elects to comply with the requirements of paragraph
(a)(2)(iii) of this section, seal gaps shall be measured according to
the procedures specified in Sec. 63.120(b)(2)(i) through (b)(4) of this
subpart and the wastewater tank shall be inspected to determine
compliance with Sec. 63.120(b)(5) and (b)(6) of this subpart.
(e) If the owner or operator determines that it is unsafe to perform
the seal gap measurements specified in Sec. 63.120(b)(2)(i) through
(b)(4) of this subpart or to inspect the wastewater tank to determine
compliance with Sec. 63.120(b)(5) and (b)(6) of this subpart because the
floating roof appears to be structurally unsound and poses an imminent
or potential danger to inspecting personnel, the owner or operator shall
comply with the requirements in either paragraph (e)(1) or (e)(2) of
this section.
(1) The owner or operator shall measure the seal gaps or inspect the
wastewater tank within 30 calendar days of the determination that the
floating roof is unsafe, or
(2) The owner or operator shall empty and remove the wastewater tank
from service within 45 calendar days of determining that the roof is
unsafe. If the wastewater tank cannot be emptied within 45 calendar
days, the owner or operator may utilize up to two extensions of up to 30
additional calendar days each. Documentation of a decision to utilize an
extension shall include an explanation of why it was unsafe to perform
the inspection or seal gap measurement, shall document that alternate
storage capacity is unavailable, and shall specify a schedule of actions
that will ensure that the wastewater tank will be emptied as soon as
practical.
(f) Except as provided in paragraph (e) of this section, each
wastewater tank shall be inspected initially, and semi-annually
thereafter, for improper work practices in accordance with Sec. 63.143
of this subpart. For wastewater tanks, improper work practice includes,
but is not limited to, leaving open any access door or other opening
when such door or opening is not in use.
(g) Except as provided in paragraph (e) of this section, each
wastewater tank shall be inspected for control equipment failures as
defined in paragraph (g)(1) of this section according to the schedule in
paragraphs (g)(2) and (g)(3) of this section.
(1) Control equipment failures for wastewater tanks include, but are
not limited to, the conditions specified in paragraphs (g)(1)(i) through
(g)(1)(ix) of this section.
(i) The floating roof is not resting on either the surface of the
liquid or on the leg supports.
(ii) There is stored liquid on the floating roof.
(iii) A rim seal is detached from the floating roof.
(iv) There are holes, tears, cracks or gaps in the rim seal or seal
fabric of the floating roof.
(v) There are visible gaps between the seal of an internal floating
roof and the wall of the wastewater tank.
(vi) There are gaps between the metallic shoe seal or the liquid
mounted primary seal of an external floating roof and the wall of the
wastewater tank that exceed 212 square centimeters per meter of tank
diameter or the width of any portion of any gap between the primary seal
and the tank wall exceeds 3.81 centimeters.
(vii) There are gaps between the secondary seal of an external
floating roof and the wall of the wastewater tank that exceed 21.2
square centimeters per meter of tank diameter or the width of any
portion of any gap between the secondary seal and the tank wall exceeds
1.27 centimeters.
(viii) Where a metallic shoe seal is used on an external floating
roof, one end of the metallic shoe does not extend into the stored
liquid or one end
[[Page 197]]
of the metallic shoe does not extend a minimum vertical distance of 61
centimeters above the surface of the stored liquid.
(ix) A gasket, joint, lid, cover, or door has a crack or gap, or is
broken.
(2) The owner or operator shall inspect for the control equipment
failures in paragraphs (g)(1)(i) through (g)(1)(viii) of this section
according to the schedule specified in paragraphs (c) and (d) of this
section.
(3) The owner or operator shall inspect for the control equipment
failures in paragraph (g)(1)(ix) of this section initially, and semi-
annually thereafter.
(h) Except as provided in Sec. 63.140 of this subpart, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification. If a failure that is detected during
inspections required by paragraphs (a)(2)(i) or (a)(3)(ii) of this
section cannot be repaired within 45 calendar days and if the vessel
cannot be emptied within 45 calendar days, the owner or operator may
utilize up to two extensions of up to 30 additional calendar days each.
Documentation of a decision to utilize an extension shall include a
description of the failure, shall document that alternate storage
capacity is unavailable, and shall specify a schedule of actions that
will ensure that the control equipment will be repaired or the vessel
will be emptied as soon as practical.
[62 FR 2753, Jan. 17, 1997]
Sec. 63.134 Process wastewater provisions--surface impoundments.
(a) For each surface impoundment that receives, manages, or treats a
Group 1 wastewater stream or a residual removed from a Group 1
wastewater stream, the owner or operator shall comply with the
requirements of paragraphs (b), (c), and (d) of this section.
(b) The owner or operator shall operate and maintain on each surface
impoundment either a cover (e.g., air-supported structure or rigid
cover) and a closed-vent system that routes the organic hazardous air
pollutants vapors vented from the surface impoundment to a control
device in accordance with paragraph (b)(1) of this section, or a
floating flexible membrane cover as specified in paragraph (b)(2) of
this section.
(1) The cover and all openings shall meet the following
requirements:
(i) Except as provided in paragraph (b)(4) of this section, the
cover and all openings (e.g., access hatches, sampling ports, and gauge
wells) shall be maintained in accordance with the requirements specified
in Sec. 63.148 of this subpart.
(ii) Each opening shall be maintained in a closed position (e.g.,
covered by a lid) at all times that a Group 1 wastewater stream or
residual removed from a Group 1 wastewater stream is in the surface
impoundment except when it is necessary to use the opening for sampling,
removal, or for equipment inspection, maintenance, or repair.
(iii) The cover shall be used at all times that a Group 1 wastewater
stream or residual removed from a Group 1 wastewater stream is in the
surface impoundment except during removal of treatment residuals in
accordance with 40 CFR 268.4 or closure of the surface impoundment in
accordance with 40 CFR 264.228.
(2) Floating flexible membrane covers shall meet the requirements
specified in paragraphs (b)(2)(i) through (b)(2)(vii) of this section.
(i) The floating flexible cover shall be designed to float on the
liquid surface during normal operations, and to form a continuous
barrier over the entire surface area of the liquid.
(ii) The cover shall be fabricated from a synthetic membrane
material that is either:
(A) High density polyethylene (HDPE) with a thickness no less than
2.5 millimeters (100 mils); or
(B) A material or a composite of different materials determined to
have both organic permeability properties that are equivalent to those
of the material listed in paragraph (b)(2)(i) of this section, and
chemical and physical properties that maintain the material integrity
for the intended service life of the material.
(iii) The cover shall be installed in a manner such that there are
no visible
[[Page 198]]
cracks, holes, gaps, or other open spaces between cover section seams or
between the interface of the cover edge and its foundation mountings.
(iv) Except as provided for in paragraph (b)(2)(v) of this section,
each opening in the floating membrane cover shall be equipped with a
closure device designed to operate such that when the closure device is
secured in the closed position there are no visible cracks, holes, gaps,
or other open spaces in the closure device or between the perimeter of
the cover opening and the closure device.
(v) The floating membrane cover may be equipped with one or more
emergency cover drains for removal of stormwater. Each emergency cover
drain shall be equipped with a slotted membrane fabric cover that covers
at least 90 percent of the area of the opening or a flexible fabric
sleeve seal.
(vi) The closure devices shall be made of suitable materials that
will minimize exposure of organic hazardous air pollutants to the
atmosphere, to the extent practical, and will maintain the integrity of
the equipment throughout its intended service life. Factors to be
considered in designing the closure devices shall include: The effects
of any contact with the liquid and its vapor managed in the surface
impoundment; the effects of outdoor exposure to wind, moisture, and
sunlight; and the operating practices used for the surface impoundment
on which the floating membrane cover is installed.
(vii) Whenever a Group 1 wastewater stream or residual from a Group
1 wastewater stream is in the surface impoundment, the floating membrane
cover shall float on the liquid and each closure device shall be secured
in the closed position. Opening of closure devices or removal of the
cover is allowed to provide access to the surface impoundment for
performing routine inspection, maintenance, or other activities needed
for normal operations and/or to remove accumulated sludge or other
residues from the bottom of surface impoundment. Openings shall be
maintained in accordance with Sec. 63.148 of this subpart.
(3) The control device shall be designed, operated, and inspected in
accordance with Sec. 63.139 of this subpart.
(4) Except as provided in paragraph (b)(5) of this section, the
closed-vent system shall be inspected in accordance with Sec. 63.148 of
this subpart.
(5) For any cover and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.148 of
this subpart.
(c) Each surface impoundment shall be inspected initially, and semi-
annually thereafter, for improper work practices and control equipment
failures in accordance with Sec. 63.143 of this subpart.
(1) For surface impoundments, improper work practice includes, but
is not limited to, leaving open any access hatch or other opening when
such hatch or opening is not in use.
(2) For surface impoundments, control equipment failure includes,
but is not limited to, any time a joint, lid, cover, or door has a crack
or gap, or is broken.
(d) Except as provided in Sec. 63.140 of this subpart, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification.
[62 FR 2754, Jan. 17, 1997]
Sec. 63.135 Process wastewater provisions--containers.
(a) For each container that receives, manages, or treats a Group 1
wastewater stream or a residual removed from a Group 1 wastewater
stream, the owner or operator shall comply with the requirements of
paragraphs (b) through (f) of this section.
(b) The owner or operator shall operate and maintain a cover on each
container used to handle, transfer, or store a Group 1 wastewater stream
or residual removed from a Group 1 wastewater stream in accordance with
the following requirements:
(1) Except as provided in paragraph (d)(4) of this section, if the
capacity of the container is greater than 0.42 m3, the cover
and all openings (e.g., bungs, hatches, sampling ports, and pressure
relief devices) shall be maintained in
[[Page 199]]
accordance with the requirements specified in Sec. 63.148 of this
subpart.
(2) If the capacity of the container is less than or equal to 0.42
m3, the owner or operator shall comply with either paragraph
(b)(2)(i) or (b)(2)(ii) of this section.
(i) The container must meet existing Department of Transportation
specifications and testing requirements under 49 CFR part 178; or
(ii) Except as provided in paragraph (d)(4) of this section, the
cover and all openings shall be maintained without leaks as specified in
Sec. 63.148 of this subpart.
(3) The cover and all openings shall be maintained in a closed
position (e.g., covered by a lid) at all times that a Group 1 wastewater
stream or residual removed from a Group 1 wastewater stream is in the
container except when it is necessary to use the opening for filling,
removal, inspection, sampling, or pressure relief events related to
safety considerations.
(c) For containers with a capacity greater than or equal to 0.42
m3, a submerged fill pipe shall be used when a container is
being filled by pumping with a Group 1 wastewater stream or residual
removed from a Group 1 wastewater stream.
(1) The submerged fill pipe outlet shall extend to no more than 6
inches or within two fill pipe diameters of the bottom of the container
while the container is being filled.
(2) The cover shall remain in place and all openings shall be
maintained in a closed position except for those openings required for
the submerged fill pipe and for venting of the container to prevent
physical damage or permanent deformation of the container or cover.
(d) During treatment of a Group 1 wastewater stream or residual
removed from a Group 1 wastewater stream, including aeration, thermal or
other treatment, in a container, whenever it is necessary for the
container to be open, the container shall be located within an enclosure
with a closed-vent system that routes the organic hazardous air
pollutants vapors vented from the container to a control device.
(1) Except as provided in paragraph (d)(4) of this section, the
enclosure and all openings (e.g., doors, hatches) shall be maintained in
accordance with the requirements specified in Sec. 63.148 of this
subpart.
(2) The control device shall be designed, operated, and inspected in
accordance with Sec. 63.139 of this subpart.
(3) Except as provided in paragraph (d)(4) of this section, the
closed-vent system shall be inspected in accordance with Sec. 63.148 of
this subpart.
(4) For any enclosure and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.148 of
this subpart.
(e) Each container shall be inspected initially, and semi-annually
thereafter, for improper work practices and control equipment failures
in accordance with Sec. 63.143 of this subpart.
(1) For containers, improper work practice includes, but is not
limited to, leaving open any access hatch or other opening when such
hatch or opening is not in use.
(2) For containers, control equipment failure includes, but is not
limited to, any time a cover or door has a gap or crack, or is broken.
(f) Except as provided in Sec. 63.140 of this subpart, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 15 calendar
days after identification.
[62 FR 2755, Jan. 17, 1997]
Sec. 63.136 Process wastewater provisions--individual drain systems.
(a) For each individual drain system that receives or manages a
Group 1 wastewater stream or a residual removed from a Group 1
wastewater stream, the owner or operator shall comply with the
requirements of paragraphs (b), (c), and (d) or with paragraphs (e),
(f), and (g) of this section.
(b) If the owner or operator elects to comply with this paragraph,
the owner or operator shall operate and maintain on each opening in the
individual drain system a cover and if vented, route the vapors to a
process or through a closed vent system to a control device. The owner
or operator shall comply with
[[Page 200]]
the requirements of paragraphs (b)(1) through (b)(5) of this section.
(1) The cover and all openings shall meet the following
requirements:
(i) Except as provided in paragraph (b)(4) of this section, the
cover and all openings (e.g., access hatches, sampling ports) shall be
maintained in accordance with the requirements specified in Sec. 63.148
of this subpart.
(ii) The cover and all openings shall be maintained in a closed
position at all times that a Group 1 wastewater stream or residual
removed from a Group 1 wastewater stream is in the drain system except
when it is necessary to use the opening for sampling or removal, or for
equipment inspection, maintenance, or repair.
(2) The control device shall be designed, operated, and inspected in
accordance with Sec. 63.139 of this subpart.
(3) Except as provided in paragraph (b)(4) of this section, the
closed-vent system shall be inspected in accordance with Sec. 63.148 of
this subpart.
(4) For any cover and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements specified in Sec. 63.148 of
this subpart.
(5) The individual drain system shall be designed and operated to
segregate the vapors within the system from other drain systems and the
atmosphere.
(c) Each individual drain system shall be inspected initially, and
semi- annually thereafter, for improper work practices and control
equipment failures, in accordance with the inspection requirements
specified in table 11 of this subpart.
(1) For individual drain systems, improper work practice includes,
but is not limited to, leaving open any access hatch or other opening
when such hatch or opening is not in use for sampling or removal, or for
equipment inspection, maintenance, or repair.
(2) For individual drain systems, control equipment failure
includes, but is not limited to, any time a joint, lid, cover, or door
has a gap or crack, or is broken.
(d) Except as provided in Sec. 63.140 of this subpart, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 15 calendar
days after identification.
(e) If the owner or operator elects to comply with this paragraph,
the owner or operator shall comply with the requirements in paragraphs
(e)(1) through (e)(3) of this section:
(1) Each drain shall be equipped with water seal controls or a
tightly fitting cap or plug. The owner or operator shall comply with
paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
(i) For each drain equipped with a water seal, the owner or operator
shall ensure that the water seal is maintained. For example, a flow-
monitoring device indicating positive flow from a main to a branch water
line supplying a trap or water being continuously dripped into the trap
by a hose could be used to verify flow of water to the trap. Visual
observation is also an acceptable alternative.
(ii) If a water seal is used on a drain receiving a Group 1
wastewater, the owner or operator shall either extend the pipe
discharging the wastewater below the liquid surface in the water seal of
the receiving drain, or install a flexible shield (or other enclosure
which restricts wind motion across the open area between the pipe and
the drain) that encloses the space between the pipe discharging the
wastewater to the drain receiving the wastewater. (Water seals which are
used on hubs receiving Group 2 wastewater for the purpose of eliminating
cross ventilation to drains carrying Group 1 wastewater are not required
to have a flexible cap or extended subsurface discharging pipe.)
(2) Each junction box shall be equipped with a tightly fitting solid
cover (i.e., no visible gaps, cracks, or holes) which shall be kept in
place at all times except during inspection and maintenance. If the
junction box is vented, the owner or operator shall comply with the
requirements in paragraph (e)(2)(i) or (e)(2)(ii) of this section.
(i) The junction box shall be vented to a process or through a
closed vent system to a control device. The closed vent system shall be
inspected in accordance with the requirements of
[[Page 201]]
Sec. 63.148 and the control device shall be designed, operated, and
inspected in accordance with the requirements of Sec. 63.139.
(ii) If the junction box is filled and emptied by gravity flow
(i.e., there is no pump) or is operated with no more than slight
fluctuations in the liquid level, the owner or operator may vent the
junction box to the atmosphere provided that the junction box complies
with the requirements in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of
this section.
(A) The vent pipe shall be at least 90 centimeters in length and no
greater than 10.2 centimeters in nominal inside diameter.
(B) Water seals shall be installed and maintained at the wastewater
entrance(s) to or exit from the junction box restricting ventilation in
the individual drain system and between components in the individual
drain system. The owner or operator shall demonstrate (e.g., by visual
inspection or smoke test) upon request by the Administrator that the
junction box water seal is properly designed and restricts ventilation.
(3) Each sewer line shall not be open to the atmosphere and shall be
covered or enclosed in a manner so as to have no visible gaps or cracks
in joints, seals, or other emission interfaces.
(f) Equipment used to comply with paragraphs (e)(1), (e)(2), or
(e)(3) of this section shall be inspected as follows:
(1) Each drain using a tightly fitting cap or plug shall be visually
inspected initially, and semi-annually thereafter, to ensure caps or
plugs are in place and that there are no gaps, cracks, or other holes in
the cap or plug.
(2) Each junction box shall be visually inspected initially, and
semi-annually thereafter, to ensure that there are no gaps, cracks, or
other holes in the cover.
(3) The unburied portion of each sewer line shall be visually
inspected initially, and semi-annually thereafter, for indication of
cracks or gaps that could result in air emissions.
(g) Except as provided in Sec. 63.140 of this subpart, when a gap,
hole, or crack is identified in a joint or cover, first efforts at
repair shall be made no later than 5 calendar days after identification,
and repair shall be completed within 15 calendar days after
identification.
[62 FR 2755, Jan. 17, 1997]
Sec. 63.137 Process wastewater provisions--oil-water separators.
(a) For each oil-water separator that receives, manages, or treats a
Group 1 wastewater stream or a residual removed from a Group 1
wastewater stream, the owner or operator shall comply with the
requirements of paragraphs (c) and (d) of this section and shall operate
and maintain one of the following:
(1) A fixed roof and a closed vent system that routes the organic
hazardous air pollutants vapors vented from the oil-water separator to a
control device. The fixed roof, closed-vent system, and control device
shall meet the requirements specified in paragraph (b) of this section;
(2) A floating roof meeting the requirements in 40 CFR part 60,
subpart QQQ Secs. 60.693-2(a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and
(a)(4). For portions of the oil-water separator where it is infeasible
to construct and operate a floating roof, such as over the weir
mechanism, the owner or operator shall operate and maintain a fixed
roof, closed vent system, and control device that meet the requirements
specified in paragraph (b) of this section.
(3) An equivalent means of emission limitation. Determination of
equivalence to the reduction in emissions achieved by the requirements
of paragraphs (a)(1) and (a)(2) of this section will be evaluated
according to Sec. 63.102(b) of subpart F of this part. The determination
will be based on the application to the Administrator which shall
include the information specified in either paragraph (a)(3)(i) or
(a)(3)(ii) of this section.
(i) Actual emissions tests that use full-size or scale-model oil-
water separators that accurately collect and measure all organic
hazardous air pollutants emissions from a given control technique, and
that accurately simulate wind and account for other emission variables
such as temperature and barometric pressure, or
[[Page 202]]
(ii) An engineering evaluation that the Administrator determines is
an accurate method of determining equivalence.
(b) If the owner or operator elects to comply with the requirements
of paragraphs (a)(1) or (a)(2) of this section, the fixed roof shall
meet the requirements of paragraph (b)(1) of this section, the control
device shall meet the requirements of paragraph (b)(2) of this section,
and the closed-vent system shall meet the requirements of paragraph
(b)(3) of this section.
(1) The fixed-roof shall meet the following requirements:
(i) Except as provided in paragraph (b)(4) of this section, the
fixed roof and all openings (e.g., access hatches, sampling ports, and
gauge wells) shall be maintained in accordance with the requirements
specified in Sec. 63.148 of this subpart.
(ii) Each opening shall be maintained in a closed, sealed position
(e.g., covered by a lid that is gasketed and latched) at all times that
the oil-water separator contains a Group 1 wastewater stream or residual
removed from a Group 1 wastewater stream except when it is necessary to
use the opening for sampling or removal, or for equipment inspection,
maintenance, or repair.
(2) The control device shall be designed, operated, and inspected in
accordance with the requirements of Sec. 63.139 of this subpart.
(3) Except as provided in paragraph (b)(4) of this section, the
closed-vent system shall be inspected in accordance with the
requirements of Sec. 63.148 of this subpart.
(4) For any fixed roof and closed-vent system that is operated and
maintained under negative pressure, the owner or operator is not
required to comply with the requirements of Sec. 63.148 of this subpart.
(c) If the owner or operator elects to comply with the requirements
of paragraph (a)(2) of this section, seal gaps shall be measured
according to the procedures specified in 40 CFR part 60, subpart QQQ
Sec. 60.696(d)(1) and the schedule specified in paragraphs (c)(1) and
(c)(2) of this section.
(1) Measurement of primary seal gaps shall be performed within 60
calendar days after installation of the floating roof and introduction
of a Group 1 wastewater stream or residual removed from a Group 1
wastewater stream and once every 5 years thereafter.
(2) Measurement of secondary seal gaps shall be performed within 60
calendar days after installation of the floating roof and introduction
of a Group 1 wastewater stream or residual removed from a Group 1
wastewater stream and once every year thereafter.
(d) Each oil-water separator shall be inspected initially, and semi-
annually thereafter, for improper work practices in accordance with
Sec. 63.143 of this subpart. For oil-water separators, improper work
practice includes, but is not limited to, leaving open or ungasketed any
access door or other opening when such door or opening is not in use.
(e) Each oil-water separator shall be inspected for control
equipment failures as defined in paragraph (e)(1) of this section
according to the schedule specified in paragraphs (e)(2) and (e)(3) of
this section.
(1) For oil-water separators, control equipment failure includes,
but is not limited to, the conditions specified in paragraphs (e)(1)(i)
through (e)(1)(vii) of this section.
(i) The floating roof is not resting on either the surface of the
liquid or on the leg supports.
(ii) There is stored liquid on the floating roof.
(iii) A rim seal is detached from the floating roof.
(iv) There are holes, tears, or other open spaces in the rim seal or
seal fabric of the floating roof.
(v) There are gaps between the primary seal and the separator wall
that exceed 67 square centimeters per meter of separator wall perimeter
or the width of any portion of any gap between the primary seal and the
separator wall exceeds 3.8 centimeters.
(vi) There are gaps between the secondary seal and the separator
wall that exceed 6.7 square centimeters per meter of separator wall
perimeter or the width of any portion of any gap between the secondary
seal and the separator wall exceeds 1.3 centimeters.
(vii) A gasket, joint, lid, cover, or door has a gap or crack, or is
broken.
[[Page 203]]
(2) The owner or operator shall inspect for the control equipment
failures in paragraphs (e)(1)(i) through (e)(1)(vi) of this section
according to the schedule specified in paragraph (c) of this section.
(3) The owner or operator shall inspect for control equipment
failures in paragraph (e)(1)(vii) of this section initially, and semi-
annually thereafter.
(f) Except as provided in Sec. 63.140 of this subpart, when an
improper work practice or a control equipment failure is identified,
first efforts at repair shall be made no later than 5 calendar days
after identification and repair shall be completed within 45 calendar
days after identification.
[62 FR 2756, Jan. 17, 1997]
Sec. 63.138 Process wastewater provisions--performance standards for treatment processes managing Group 1 wastewater streams and/or residuals removed from
Group 1 wastewater streams.
(a) General requirements. This section specifies the performance
standards for treating Group 1 wastewater streams. The owner or operator
shall comply with the requirements as specified in paragraphs (a)(1)
through (a)(6) of this section. Where multiple compliance options are
provided, the options may be used in combination for different
wastewater streams and/or for different compounds (e.g., Table 8 versus
Table 9 compounds) in the same wastewater streams, except where
otherwise provided in this section. Once a Group 1 wastewater stream or
residual removed from a Group 1 wastewater stream has been treated in
accordance with this subpart, it is no longer subject to the
requirements of this subpart.
(1) Existing source. If the wastewater stream, at an existing
source, is Group 1 for Table 9 compounds, comply with Sec. 63.138(b).
(2) New source. If the wastewater stream, at a new source, is Group
1 for Table 8 compounds, comply with Sec. 63.138(c). If the wastewater
stream, at a new source, is Group 1 for Table 9 compounds, comply with
Sec. 63.138(b). If the wastewater stream, at a new source, is Group 1
for Table 8 and Table 9 compounds, comply with both Sec. 63.138(b) and
Sec. 63.138(c).
Note to paragraph (a)(2): The requirements for Table 8 and/or Table
9 compounds are similar and often identical.
(3) Biological treatment processes. Biological treatment processes
in compliance with this section may be either open or closed biological
treatment processes as defined in Sec. 63.111. An open biological
treatment process in compliance with this section need not be covered
and vented to a control device as required in Sec. 63.133 through
Sec. 63.137 of this subpart. An open or a closed biological treatment
process in compliance with this section and using Sec. 63.145(f) or
Sec. 63.145(g) of this subpart to demonstrate compliance is not subject
to the requirements of Sec. 63.133 through Sec. 63.137 of this subpart.
A closed biological treatment process in compliance with this section
and using Sec. 63.145(e) of this subpart to demonstrate compliance shall
comply with the requirements of Sec. 63.133 through Sec. 63.137 of this
subpart. Waste management units upstream of an open or closed biological
treatment process shall meet the requirements of Sec. 63.133 through
Sec. 63.137 of this subpart, as applicable.
(4) Performance tests and design evaluations. If design steam
stripper option (Sec. 63.138(d)) or Resource Conservation and Recovery
Act (RCRA) option (Sec. 63.138(h)) is selected to comply with this
section, neither a design evaluation nor a performance test is required.
For any other non-biological treatment process, and for closed
biological treatment processes as defined in Sec. 63.111 of this
subpart, the owner or operator shall conduct either a design evaluation
as specified in Sec. 63.138(j), or a performance test as specified in
Sec. 63.145, of this subpart. For each open biological treatment process
as defined in Sec. 63.111 of this subpart, the owner or operator shall
conduct a performance test as specified in Sec. 63.145 of this subpart.
Note to paragraph (a)(4): Some open biological treatment processes
may not require a performance test. Refer to Sec. 63.145(h) and table 36
of this subpart to determine whether the biological treatment process
meets the criteria that exempt the owner or operator from conducting a
performance test.
(5) Control device requirements. When gases are vented from the
treatment process, the owner or operator shall comply with the
applicable control device requirements specified in Sec. 63.139
[[Page 204]]
and Sec. 63.145 (i) and (j), and the applicable leak inspection
provisions specified in Sec. 63.148, of this subpart. This requirement
does not apply to any open biological treatment process that meets the
mass removal requirements. Vents from anaerobic biological treatment
processes may be routed through hard-piping to a fuel gas system.
(6) Residuals: general. When residuals result from treating Group 1
wastewater streams, the owner or operator shall comply with the
requirements for residuals specified in Sec. 63.138(k) of this subpart.
(7) Treatment using a series of treatment processes. In all cases
where the wastewater provisions in this subpart allow or require the use
of a treatment process or control device to comply with emissions
limitations, the owner or operator may use multiple treatment processes
or control devices, respectively. For combinations of treatment
processes where the wastewater stream is conveyed by hard-piping, the
owner or operator shall comply with either the requirements of paragraph
(a)(7)(i) or (a)(7)(ii) of this section. For combinations of treatment
processes where the wastewater stream is not conveyed by hard-piping,
the owner or operator shall comply with the requirements of paragraph
(a)(7)(ii) of this section. For combinations of control devices, the
owner or operator shall comply with the requirements of paragraph
(a)(7)(i) of this section.
(i)(A) For combinations of treatment processes, the wastewater
stream shall be conveyed by hard-piping between the treatment processes.
For combinations of control devices, the vented gas stream shall be
conveyed by hard-piping between the control devices.
(B) For combinations of treatment processes, each treatment process
shall meet the applicable requirements of Sec. 63.133 through
Sec. 63.137 of this subpart except as provided in paragraph (a)(3) of
this section.
(C) The owner or operator shall identify, and keep a record of, the
combination of treatment processes or of control devices, including
identification of the first and last treatment process or control
device. The owner or operator shall include this information as part of
the treatment process description reported in the Notification of
Compliance Status.
(D) The performance test or design evaluation shall determine
compliance across the combination of treatment processes or control
devices. If a performance test is conducted, the ``inlet'' shall be the
point at which the wastewater stream or residual enters the first
treatment process, or the vented gas stream enters the first control
device. The ``outlet'' shall be the point at which the treated
wastewater stream exits the last treatment process, or the vented gas
stream exits the last control device.
(ii)(A) For combinations of treatment processes, each treatment
process shall meet the applicable requirements of Sec. 63.133 through
Sec. 63.137 of this subpart except as provided in paragraph (a)(3) of
this section.
(B) The owner or operator shall identify, and keep a record of, the
combination of treatment processes, including identification of the
first and last treatment process. The owner or operator shall include
this information as part of the treatment process description reported
in the Notification of Compliance Status.
(C) The owner or operator shall determine the mass removed or
destroyed by each treatment process. The performance test or design
evaluation shall determine compliance for the combination of treatment
processes by adding together the mass removed or destroyed by each
treatment process.
(b) Control options: Group 1 wastewater streams for Table 9
compounds. The owner or operator shall comply with either paragraph
(b)(1) or (b)(2) of this section for the control of Table 9 compounds at
new or existing sources.
(1) 50 ppmw concentration option. The owner or operator shall comply
with paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
(i) Reduce, by removal or destruction, the total concentration of
Table 9 compounds to a level less than 50 parts per million by weight as
determined by the procedures specified in Sec. 63.145(b) of this
subpart.
(ii) This option shall not be used when the treatment process is a
biological treatment process. This option shall not be used when the
wastewater
[[Page 205]]
stream is designated as a Group 1 wastewater stream as specified in
Sec. 63.132(e). Dilution shall not be used to achieve compliance with
this option.
(2) Other compliance options. Comply with the requirements specified
in any one of paragraphs (d), (e), (f), (g), (h), or (i) of this
section.
(c) Control options: Group 1 wastewater streams for Table 8
compounds. The owner or operator shall comply with either paragraph
(c)(1) or (c)(2) of this section for the control of Table 8 compounds at
new sources.
(1) 10 ppmw concentration option. The owner or operator shall comply
with paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
(i) Reduce, by removal or destruction, the concentration of the
individual Table 8 compounds to a level less than 10 parts per million
by weight as determined in the procedures specified in Sec. 63.145(b) of
this subpart.
(ii) This option shall not be used when the treatment process is a
biological treatment process. This option shall not be used when the
wastewater stream is designated as a Group 1 wastewater stream as
specified in Sec. 63.132(e). Dilution shall not be used to achieve
compliance with this option.
(2) Other compliance options. Comply with the requirements specified
in any one of paragraphs (d), (e), (f), (g), (h), or (i) of this
section.
(d) Design steam stripper option. The owner or operator shall
operate and maintain a steam stripper that meets the requirements of
paragraphs (d)(1) through (d)(6) of this section.
(1) Minimum active column height of 5 meters,
(2) Countercurrent flow configuration with a minimum of 10 actual
trays,
(3) Minimum steam flow rate of 0.04 kilograms of steam per liter of
wastewater feed within the column,
(4) Minimum wastewater feed temperature to the steam stripper of 95
deg.C, or minimum column operating temperature of 95 deg.C,
(5) Maximum liquid loading of 67,100 liters per hour per square
meter, and
(6) Operate at nominal atmospheric pressure.
(e) Percent mass removal/destruction option. The owner or operator
of a new or existing source shall comply with paragraph (e)(1) or (e)(2)
of this section for control of Table 8 and/or Table 9 compounds for
Group 1 wastewater streams. This option shall not be used for biological
treatment processes.
(1) Reduce mass flow rate of Table 8 and/or Table 9 compounds by 99
percent. For wastewater streams that are Group 1, the owner or operator
shall reduce, by removal or destruction, the mass flow rate of Table 8
and/or Table 9 compounds by 99 percent or more. The removal/destruction
efficiency shall be determined by the procedures specified in
Sec. 63.145(c), for noncombustion processes, or Sec. 63.145(d), for
combustion processes.
(2) Reduce mass flow rate of Table 8 and/or Table 9 compounds by Fr
value. For wastewater streams that are Group 1 for Table 8 and/or Table
9 compounds, the owner or operator shall reduce, by removal or
destruction, the mass flow rate by at least the fraction removal (Fr)
values specified in Table 9 of this subpart. (The Fr values for Table 8
compounds are all 0.99.) The removal/destruction efficiency shall be
determined by the procedures specified in Sec. 63.145(c), for
noncombustion treatment processes, or Sec. 63.145(d), for combustion
treatment processes.
(f) Required mass removal (RMR) option. The owner or operator shall
achieve the required mass removal (RMR) of Table 8 compounds at a new
source for a wastewater stream that is Group 1 for Table 8 compounds
and/or of Table 9 compounds at a new or existing source for a wastewater
stream that is Group 1 for Table 9 compounds. For nonbiological
treatment processes compliance shall be determined using the procedures
specified in Sec. 63.145(e) of this subpart. For aerobic biological
treatment processes compliance shall be determined using the procedures
specified in Sec. 63.145 (e) or (f) of this subpart. For closed
anaerobic biological treatment processes compliance shall be determined
using the procedures specified in Sec. 63.145(e) of this subpart. For
open biological treatment processes compliance shall be determined using
the procedures specified in Sec. 63.145(f) of this subpart.
(g) 95-percent RMR option, for biological treatment processes. The
owner or operator of a new or existing source using
[[Page 206]]
biological treatment for at least one wastewater stream that is Group 1
for Table 9 compounds shall achieve a RMR of at least 95 percent for all
Table 9 compounds. The owner or operator of a new source using
biological treatment for at least one wastewater stream that is Group 1
for Table 8 compounds shall achieve a RMR of at least 95 percent for all
Table 8 compounds. All Group 1 and Group 2 wastewater streams entering a
biological treatment unit that are from chemical manufacturing process
units subject to subpart F shall be included in the demonstration of the
95-percent mass removal. The owner or operator shall comply with
paragraphs (g)(1) through (g)(4) of this section.
(1) Except as provided in paragraph (g)(4) of this section, the
owner or operator shall ensure that all Group 1 and Group 2 wastewater
streams from chemical manufacturing process units subject to this rule
entering a biological treatment unit are treated to destroy at least 95-
percent total mass of all Table 8 and/or Table 9 compounds.
(2) For open biological treatment processes compliance shall be
determined using the procedures specified in Sec. 63.145(g) of this
subpart. For closed aerobic biological treatment processes compliance
shall be determined using the procedures specified in Sec. 63.145 (e) or
(g) of this subpart. For closed anaerobic biological treatment processes
compliance shall be determined using the procedures specified in
Sec. 63.145(e) of this subpart.
(3) For each treatment process or waste management unit that
receives, manages, or treats wastewater streams subject to this
paragraph, from the point of determination of each Group 1 or Group 2
wastewater stream to the biological treatment unit, the owner or
operator shall comply with Secs. 63.133 through Sec. 63.137 of this
subpart for control of air emissions. When complying with this
paragraph, the term Group 1, whether used alone or in combination with
other terms, in Sec. 63.133 through Sec. 63.137 of this subpart shall
mean both Group 1 and Group 2.
(4) If a wastewater stream is in compliance with the requirements in
paragraph (b)(1), (c)(1), (d), (e), (f), or (h) of this section before
entering the biological treatment unit, the hazardous air pollutants
mass of that wastewater is not required to be included in the total mass
flow rate entering the biological treatment unit for the purpose of
demonstrating compliance.
(h) Treatment in a RCRA unit option. The owner or operator shall
treat the wastewater stream or residual in a unit identified in, and
complying with, paragraph (h)(1), (h)(2), or (h)(3) of this section.
These units are exempt from the design evaluation or performance tests
requirements specified in Sec. 63.138(a)(3) and Sec. 63.138(j) of this
subpart, and from the monitoring requirements specified in
Sec. 63.132(a)(2)(iii) and Sec. 63.132(b)(3)(iii) of this subpart, as
well as recordkeeping and reporting requirements associated with
monitoring and performance tests.
(1) The wastewater stream or residual is discharged to a hazardous
waste incinerator for which the owner or operator has been issued a
final permit under 40 CFR part 270 and complies with the requirements of
40 CFR part 264, subpart O, or has certified compliance with the interim
status requirements of 40 CFR part 265, subpart O;
(2) The wastewater stream or residual is discharged to a process
heater or boiler burning hazardous waste for which the owner or
operator:
(i) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H; or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
(3) The wastewater stream or residual is discharged to an
underground injection well for which the owner or operator has been
issued a final permit under 40 CFR part 270 or 40 CFR part 144 and
complies with the requirements of 40 CFR part 122. The owner or operator
shall comply with all applicable requirements of this subpart prior to
the point where the wastewater enters the underground portion of the
injection well.
(i) One megagram total source mass flow rate option. A wastewater
stream is exempt from the requirements of paragraphs (b) and (c) of this
section if the owner or operator elects to comply
[[Page 207]]
with either paragraph (i)(1) or (i)(2) of this section.
(1) All Group 1 wastewater streams at the source. The owner or
operator shall demonstrate that the total source mass flow rate for
Table 8 and/or Table 9 compounds is less than 1 megagram per year using
the procedures in paragraphs (i)(1)(i) and (i)(1)(ii) of this section.
The owner or operator shall include all Group 1 wastewater streams at
the source in the total source mass flow rate. The total source mass
flow rate shall be based on the mass as calculated before the wastewater
stream is treated.
(i) Calculate the annual average mass flow rate for each Group 1
wastewater stream by multiplying the annual average flow rate of the
wastewater stream, as determined by procedures specified in
Sec. 63.144(c), times the total annual average concentration of Table 8
and/or Table 9 compounds, as determined by procedures specified in
Sec. 63.144(b) of this subpart. (The mass flow rate of compounds in a
wastewater stream that is Group 1 for both Table 8 and Table 9 compounds
should be included in the annual average mass flow rate only once.)
(ii) Calculate the total source mass flow rate from all Group 1
wastewater streams by adding together the annual average mass flow rate
calculated for each Group 1 wastewater stream.
(2) Untreated and partially treated Group 1 wastewater streams. The
owner or operator shall demonstrate that the total source mass flow rate
for untreated Group 1 wastewater streams and Group 1 wastewater streams
treated to levels less stringent than required in paragraph (b) or (c)
of this section is less than 1 megagram per year using the procedures in
paragraphs (i)(2)(i) and (i)(2)(ii) of this section. The owner or
operator shall manage these wastewater streams in accordance with
paragraph (i)(2)(iii) of this section, and shall comply with paragraph
(i)(2)(iv) of this section.
(i) Calculate the annual average mass flow rate in each wastewater
stream by multiplying the annual average flow rate of the wastewater
stream, as determined by procedures specified in Sec. 63.144(c), times
the total annual average concentration of Table 8 and/or Table 9
compounds, as determined by procedures specified in Sec. 63.144(b). (The
mass flow rate of compounds in a wastewater stream that are Group 1 for
both Table 8 and Table 9 compounds should be included in the annual
average mass flow rate only once.)
(A) For each untreated Group 1 wastewater stream, the annual average
flow rate and the total annual average concentration shall be determined
for that stream's point of determination.
(B) For each Group 1 wastewater stream that is treated to levels
less stringent than those required by paragraph (b) or (c) of this
section, the annual average flow rate and total annual average
concentration shall be determined at the discharge from the treatment
process or series of treatment processes.
(C) The annual average mass flow rate for Group 1 wastewater streams
treated to the levels required by paragraph (b) or (c) of this section
is not included in the calculation of the total source mass flow rate.
(ii) The total source mass flow rate shall be calculated by summing
the annual average mass flow rates from all Group 1 wastewater streams,
except those excluded by paragraph (i)(2)(i)(C) of this section.
(iii) The owner or operator of each waste management unit that
receives, manages, or treats the wastewater stream prior to or during
treatment shall comply with the requirements of Secs. 63.133 through
63.137 of this subpart, as applicable.
(iv) Wastewater streams included in this option shall be identified
in the Notification of Compliance Status required by Sec. 63.152(b).
(j) Design evaluations or performance tests for treatment processes.
Except as provided in paragraph (j)(3) or (h) of this section, the owner
or operator shall demonstrate by the procedures in either paragraph
(j)(1) or (j)(2) of this section that each nonbiological treatment
process used to comply with paragraphs (b)(1), (c)(1), (e), and/or (f)
of this section achieves the conditions specified for compliance. The
owner or operator shall demonstrate by the procedures in either
paragraph (j)(1) or (j)(2) of this section that each closed biological
treatment process used to
[[Page 208]]
comply with paragraphs (f) or (g) of this section achieves the
conditions specified for compliance. If an open biological treatment
unit is used to comply with paragraph (f) or (g) of this section, the
owner or operator shall comply with Sec. 63.145(f) or Sec. 63.145(g),
respectively, of this subpart. Some biological treatment processes may
not require a performance test. Refer to Sec. 63.145(h) and table 36 of
this subpart to determine whether the open biological treatment process
meets the criteria that exempt the owner or operator from conducting a
performance test.
(1) A design evaluation and supporting documentation that addresses
the operating characteristics of the treatment process and that is based
on operation at a representative wastewater stream flow rate and a
concentration under which it would be most difficult to demonstrate
compliance. For closed biological treatment processes, the actual mass
removal shall be determined by a mass balance over the unit. The mass
flow rate of Table 8 or Table 9 compounds exiting the treatment process
shall be the sum of the mass flow rate of Table 8 or Table 9 compounds
in the wastewater stream exiting the biological treatment process and
the mass flow rate of the vented gas stream exiting the control device.
The mass flow rate entering the treatment process minus the mass flow
rate exiting the process determines the actual mass removal.
(2) Performance tests conducted using test methods and procedures
that meet the applicable requirements specified in Sec. 63.145 of this
subpart.
(3) The provisions of paragraphs (j)(1) and (j)(2) of this section
do not apply to design stream strippers which meet the requirements of
paragraph (d) of this section.
(k) Residuals. For each residual removed from a Group 1 wastewater
stream, the owner or operator shall control for air emissions by
complying with Secs. 63.133-137 of this subpart and by complying with
one of the provisions in paragraphs (k)(1) through (k)(4) of this
section.
(1) Recycle the residual to a production process or sell the
residual for the purpose of recycling. Once a residual is returned to a
production process, the residual is no longer subject to this section.
(2) Return the residual to the treatment process.
(3) Treat the residual to destroy the total combined mass flow rate
of Table 8 and/or Table 9 compounds by 99 percent or more, as determined
by the procedures specified in Sec. 63.145(c) or (d) of this subpart.
(4) Comply with the requirements for RCRA treatment options
specified in Sec. 63.138(h) of this subpart.
[62 FR 2757, Jan. 17, 1997]
Sec. 63.139 Process wastewater provisions--control devices.
(a) For each control device or combination of control devices used
to comply with the provisions in Secs. 63.133 through 63.138 of this
subpart, the owner or operator shall operate and maintain the control
device or combination of control devices in accordance with the
requirements of paragraphs (b) through (f) of this section.
(b) Whenever organic hazardous air pollutants emissions are vented
to a control device which is used to comply with the provisions of this
subpart, such control device shall be operating.
(c) The control device shall be designed and operated in accordance
with paragraph (c)(1), (c)(2), (c)(3), (c)(4), or (c)(5) of this
section.
(1) An enclosed combustion device (including but not limited to a
vapor incinerator, boiler, or process heater) shall meet the conditions
in paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section,
alone or in combination with other control devices. If a boiler or
process heater is used as the control device, then the vent stream shall
be introduced into the flame zone of the boiler or process heater.
(i) Reduce the total organic compound emissions, less methane and
ethane, or total organic hazardous air pollutants emissions vented to
the control device by 95 percent by weight or greater;
(ii) Achieve an outlet total organic compound concentration, less
methane and ethane, or total organic hazardous air pollutants
concentration of 20 parts per million by volume on a dry basis corrected
to 3 percent oxygen. The owner or operator shall use either
[[Page 209]]
Method 18 of 40 CFR part 60, appendix A, or any other method or data
that has been validated according to the applicable procedures in Method
301 of appendix A of this part; or
(iii) Provide a minimum residence time of 0.5 seconds at a minimum
temperature of 760 deg. C.
(2) A vapor recovery system (including but not limited to a carbon
adsorption system or condenser), alone or in combination with other
control devices, shall reduce the total organic compound emissions, less
methane and ethane, or total organic hazardous air pollutants emissions
vented to the control device of 95 percent by weight or greater or
achieve an outlet total organic compound concentration, less methane and
ethane, or total organic hazardous air pollutants concentration of 20
parts per million by volume, whichever is less stringent. The 20 parts
per million by volume performance standard is not applicable to
compliance with the provisions of Sec. 63.134 or Sec. 63.135 of this
subpart.
(3) A flare shall comply with the requirements of Sec. 63.11(b) of
subpart A of this part.
(4) A scrubber, alone or in combination with other control devices,
shall reduce the total organic compound emissions, less methane and
ethane, or total organic hazardous air pollutants emissions in such a
manner that 95 weight-percent is either removed, or destroyed by
chemical reaction with the scrubbing liquid or achieve an outlet total
organic compound concentration, less methane and ethane, or total
organic hazardous air pollutants concentration of 20 parts per million
by volume, whichever is less stringent. The 20 parts per million by
volume performance standard is not applicable to compliance with the
provisions of Sec. 63.134 or Sec. 63.135 of this subpart.
(5) Any other control device used shall, alone or in combination
with other control devices, reduce the total organic compound emissions,
less methane and ethane, or total organic hazardous air pollutants
emissions vented to the control device by 95 percent by weight or
greater or achieve an outlet total organic compound concentration, less
methane and ethane, or total organic hazardous air pollutants
concentration of 20 parts per million by volume, whichever is less
stringent. The 20 parts per million by volume performance standard is
not applicable to compliance with the provisions of Sec. 63.134 or
Sec. 63.135 of this subpart.
(d) Except as provided in paragraph (d)(4) of this section, an owner
or operator shall demonstrate that each control device or combination of
control devices achieves the appropriate conditions specified in
paragraph (c) of this section by using one or more of the methods
specified in paragraphs (d)(1), (d)(2), or (d)(3) of this section.
(1) Performance tests conducted using the test methods and
procedures specified in Sec. 63.145(i) of this subpart for control
devices other than flares; or
(2) A design evaluation that addresses the vent stream
characteristics and control device operating parameters specified in
paragraphs (d)(2)(i) through (d)(2)(vii) of this section.
(i) For a thermal vapor incinerator, the design evaluation shall
consider the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average temperature
in the combustion zone and the combustion zone residence time.
(ii) For a catalytic vapor incinerator, the design evaluation shall
consider the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average
temperatures across the catalyst bed inlet and outlet.
(iii) For a boiler or process heater, the design evaluation shall
consider the vent stream composition, constituent concentrations, and
flow rate; shall establish the design minimum and average flame zone
temperatures and combustion zone residence time; and shall describe the
method and location where the vent stream is introduced into the flame
zone.
(iv) For a condenser, the design evaluation shall consider the vent
stream composition, constituent concentrations, flow rate, relative
humidity, and temperature and shall establish the design outlet organic
compound concentration level, design average temperature of the
condenser exhaust vent
[[Page 210]]
stream, and the design average temperatures of the coolant fluid at the
condenser inlet and outlet.
(v) For a carbon adsorption system that regenerates the carbon bed
directly on-site in the control device such as a fixed-bed adsorber, the
design evaluation shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and
temperature and shall establish the design exhaust vent stream organic
compound concentration level, adsorption cycle time, number and capacity
of carbon beds, type and working capacity of activated carbon used for
carbon beds, design total regeneration stream mass or volumetric flow
over the period of each complete carbon bed regeneration cycle, design
carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of carbon.
(vi) For a carbon adsorption system that does not regenerate the
carbon bed directly on-site in the control device such as a carbon
canister, the design evaluation shall consider the vent stream
composition, constituent concentrations, mass or volumetric flow rate,
relative humidity, and temperature and shall establish the design
exhaust vent stream organic compound concentration level, capacity of
carbon bed, type and working capacity of activated carbon used for
carbon bed, and design carbon replacement interval based on the total
carbon working capacity of the control device and source operating
schedule.
(vii) For a scrubber, the design evaluation shall consider the vent
stream composition; constituent concentrations; liquid-to-vapor ratio;
scrubbing liquid flow rate and concentration; temperature; and the
reaction kinetics of the constituents with the scrubbing liquid. The
design evaluation shall establish the design exhaust vent stream organic
compound concentration level and will include the additional information
in paragraphs (d)(2)(vii)(A) and (d)(2)(vii)(B) of this section for
trays and a packed column scrubber.
(A) Type and total number of theoretical and actual trays;
(B) Type and total surface area of packing for entire column, and
for individual packed sections if column contains more than one packed
section.
(3) For flares, the compliance determination specified in
Sec. 63.11(b) of subpart A of this part and Sec. 63.145(j) of this
subpart.
(4) An owner or operator using any control device specified in
paragraphs (d)(4)(i) through (d)(4)(iv) of this section is exempt from
the requirements in paragraphs (d)(1) through (d)(3) of this section and
from the requirements in Sec. 63.6(f) of subpart A of this part.
(i) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(ii) A boiler or process heater into which the emission stream is
introduced with the primary fuel.
(iii) A boiler or process heater burning hazardous waste for which
the owner or operator:
(A) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H, or
(B) Has certified compliance with the interim status requirements of
40 CFR part 266, subpart H.
(iv) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(e) The owner or operator of a control device that is used to comply
with the provisions of this section shall monitor the control device in
accordance with Sec. 63.143 of this subpart.
(f) Except as provided in Sec. 63.140 of this subpart, if gaps,
cracks, tears, or holes are observed in ductwork, piping, or connections
to covers and control devices during an inspection, a first effort to
repair shall be made as soon as practical but no later than 5 calendar
days after identification. Repair shall be completed no later than 15
calendar days after identification or discovery of the defect.
[62 FR 2760, Jan. 17, 1997]
Sec. 63.140 Process wastewater provisions--delay of repair.
(a) Delay of repair of equipment for which a control equipment
failure or a
[[Page 211]]
gap, crack, tear, or hole has been identified, is allowed if the repair
is technically infeasible without a shutdown, as defined in Sec. 63.101
of subpart F of this part, or if the owner or operator determines that
emissions of purged material from immediate repair would be greater than
the emissions likely to result from delay of repair. Repair of this
equipment shall occur by the end of the next shutdown.
(b) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified, is allowed
if the equipment is emptied or is no longer used to treat or manage
Group 1 wastewater streams or residuals removed from Group 1 wastewater
streams.
(c) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified is also
allowed if additional time is necessary due to the unavailability of
parts beyond the control of the owner or operator. Repair shall be
completed as soon as practical. The owner or operator who uses this
provision shall comply with the requirements of Sec. 63.147(c)(7) to
document the reasons that the delay of repair was necessary.
[62 FR 2762, Jan. 17, 1997]
Secs. 63.141-63.142 [Reserved]
Sec. 63.143 Process wastewater provisions--inspections and monitoring of operations.
(a) For each wastewater tank, surface impoundment, container,
individual drain system, and oil-water separator that receives, manages,
or treats a Group 1 wastewater stream, a residual removed from a Group 1
wastewater stream, a recycled Group 1 wastewater stream, or a recycled
residual removed from a Group 1 wastewater stream, the owner or operator
shall comply with the inspection requirements specified in table 11 of
this subpart.
(b) For each design steam stripper and biological treatment unit
used to comply with Sec. 63.138 of this subpart, the owner or operator
shall comply with the monitoring requirements specified in table 12 of
this subpart.
(c) If the owner or operator elects to comply with Item 1 in table
12 of this subpart, the owner or operator shall request approval to
monitor appropriate parameters that demonstrate proper operation of the
biological treatment unit. The request shall be submitted according to
the procedures specified in Sec. 63.151(f) of this subpart, and shall
include a discription of planned reporting and recordkeeping procedures.
The owner or operator shall include as part of the submittal the basis
for the selected monitoring frequencies and the methods that will be
used. The Administrator will specify appropriate reporting and
recordkeeping requirements as part of the review of the permit
application or by other appropriate means.
(d) If the owner or operator elects to comply with Item 3 in table
12 of this subpart, the owner or operator shall request approval to
monitor appropriate parameters that demonstrate proper operation of the
selected treatment process. The request shall be submitted according to
the procedures specified in Sec. 63.151(f) of this subpart, and shall
include a description of planned reporting and recordkeeping procedures.
The Administrator will specify appropriate reporting and recordkeeping
requirements as part of the review of the permit application or by other
appropriate means.
(e) Except as provided in paragraphs (e)(4) and (e)(5) of this
section, for each control device used to comply with the requirements of
Secs. 63.133 through 63.139 of this subpart, the owner or operator shall
comply with the requirements in Sec. 63.139(d) of this subpart, and with
the requirements specified in paragraph (e)(1), (e)(2), or (e)(3) of
this section.
(1) The owner or operator shall comply with the monitoring
requirements specified in table 13 of this subpart; or
(2) The owner or operator shall use an organic monitoring device
installed at the outlet of the control device and equipped with a
continuous recorder. Continuous recorder is defined in Sec. 63.111 of
this subpart; or
(3) The owner or operator shall request approval to monitor
parameters other than those specified in paragraphs (e)(1) and (e)(2) of
this section. The request shall be submitted according to the procedures
specified in
[[Page 212]]
Sec. 63.151(f) of this subpart, and shall include a description of
planned reporting and recordkeeping procedures. The Administrator will
specify appropriate reporting and recordkeeping requirements as part of
the review of the permit application or by other appropriate means.
(4) For a boiler or process heater in which all vent streams are
introduced with primary fuel, the owner or operator shall comply with
the requirements in Sec. 63.139(d) of this subpart but the owner or
operator is exempt from the monitoring requirements specified in
paragraphs (e)(1) through (e)(3) of this section.
(5) For a boiler or process heater with a design heat input capacity
of 44 megawatts or greater, the owner or operator shall comply with the
requirements in Sec. 63.139(d) of this subpart but the owner or operator
is exempt from the monitoring requirements specified in paragraphs
(e)(1) through (e)(3) of this section.
(f) For each parameter monitored in accordance with paragraph (c),
(d), or (e) of this section, the owner or operator shall establish a
range that indicates proper operation of the treatment process or
control device. In order to establish the range, the owner or operator
shall comply with the requirements specified in
Secs. 63.146(b)(7)(ii)(A) and (b)(8)(ii) of this subpart.
(g) Monitoring equipment shall be installed, calibrated, and
maintained according to the manufacturer's specifications or other
written procedures that provide adequate assurance that the equipment
would reasonably be expected to monitor accurately.
[62 FR 2762, Jan. 17, 1997]
Sec. 63.144 Process wastewater provisions--test methods and procedures for determining applicability and Group 1/Group 2 determinations (determining which
wastewater streams require control).
(a) Procedures to determine applicability. An owner or operator
shall comply with paragraph (a)(1) or (a)(2) of this section for each
wastewater stream to determine which wastewater streams require control
for Table 8 and/or Table 9 compounds. The owner or operator may use a
combination of the approaches in paragraphs (a)(1) and (a)(2) of this
section for different wastewater streams generated at the source.
(1) Determine Group 1 or Group 2 status. Determine whether a
wastewater stream is a Group 1 or Group 2 wastewater stream in
accordance with paragraphs (b) and (c) of this section.
(2) Designate as Group 1. An owner or operator may designate as a
Group 1 wastewater stream a single wastewater stream or a mixture of
wastewater streams. The owner or operator is not required to determine
the concentration or flow rate for each designated Group 1 wastewater
stream for the purposes of this section.
(b) Procedures to establish concentrations, when determining Group
status under paragraph (a)(1) of this section. An owner or operator who
elects to comply with the requirements of paragraph (a)(1) of this
section shall determine the annual average concentration for Table 8
and/or Table 9 compounds according to paragraph (b)(1) of this section
for existing sources or paragraph (b)(2) of this section for new
sources. The annual average concentration shall be a flow weighted
average representative of actual or anticipated operation of the
chemical manufacturing process unit generating the wastewater over a
designated 12 month period. For flexible operation units, the owner or
operator shall consider the anticipated production over the designated
12 month period and include all wastewater streams generated by the
process equipment during this period. The owner/operator is not required
to determine the concentration of Table 8 or Table 9 compounds that are
not reasonably expected to be in the process.
(1) Existing sources. An owner or operator of an existing source who
elects to comply with the requirements of paragraph (a)(1) of this
section shall determine the flow weighted total annual average
concentration for Table 9 compounds. For the purposes of this section,
the term concentration, whether concentration is used alone or with
other terms, may be adjusted by multiplying by the compound-specific
fraction measured (Fm) factors listed in table 34 of this subpart unless
determined by the methods in
[[Page 213]]
Sec. 63.144(b)(5)(i)(A) and/or (B). When concentration is determined by
Method 305 as specified in Sec. 63.144(b)(5)(i)(B), concentration may be
adjusted by dividing by the compound-specific Fm factors listed in table
34 of this subpart. When concentration is determined by Method 25D as
specified in Sec. 63.144(b)(5)(i)(A), concentration may not be adjusted
by the compound-specific Fm factors listed in table 34 of this subpart.
Compound-specific Fm factors may be used only when concentrations of
individual compounds are determined or when only one compound is in the
wastewater stream. Flow weighted total annual average concentration for
Table 9 compounds means the total mass of Table 9 compounds occurring in
the wastewater stream during the designated 12-month period divided by
the total mass of the wastewater stream during the same designated 12-
month period. The total annual average concentration shall be determined
for each wastewater stream either at the point of determination, or
downstream of the point of determination with adjustment for
concentration changes made according to paragraph (b)(6) of this
section. The procedures specified in paragraphs (b)(3), (b)(4), and
(b)(5) of this section are considered acceptable procedures for
determining the annual average concentration. They may be used in
combination, and no one procedure shall take precedence over another.
(2) New sources. An owner or operator of a new source who elects to
comply with the requirements of paragraph (a)(1) of this section shall
determine both the flow weighted total annual average concentration for
Table 9 compounds and the flow weighted annual average concentration for
each Table 8 compound. For the purposes of this section, the term
concentration, whether concentration is used alone or with other terms,
may be adjusted by multiplying by the compound-specific Fm factors
listed in table 34 of this subpart unless determined by the methods in
Sec. 63.144(b)(5)(i)(A) and/or (B). When concentration is determined by
Method 305 as specified in Sec. 63.144(b)(5)(i)(B), concentration may be
adjusted by dividing by the compound-specific Fm factors listed in table
34 of this subpart. When concentration is determined by Method 25D as
specified in Sec. 63.144(b)(5)(i)(A), concentration may not be adjusted
by the compound-specific Fm factors listed in table 34 of this subpart.
Compound-specific fraction measured factors are compound specific and
shall be used only when concentration of individual compounds are
determined or when only one compound is in the wastewater stream. The
flow weighted annual average concentration of each Table 8 compound
means the mass of each Table 8 compound occurring in the wastewater
stream during the designated 12-month period divided by the total mass
of the wastewater stream during the same designated 12-month period.
Flow weighted total annual average concentration for Table 9 compounds
means the total mass of Table 9 compounds occurring in the wastewater
stream during the designated 12-month period divided by the total mass
of the wastewater stream during the same designated 12-month period. The
annual average concentration shall be determined for each wastewater
stream either at the point of determination, or downstream of the point
of determination with adjustment for concentration changes made
according to paragraph (b)(6) of this section. Procedures specified in
paragraphs (b)(3), (b)(4), and (b)(5) of this section are considered
acceptable procedures for determining the annual average concentration.
They may be used in combination, and no one procedure shall take
precedence over another.
(3) Knowledge of the wastewater. Where knowledge is used to
determine the annual average concentration, the owner or operator shall
provide sufficient information to document the annual average
concentration for wastewater streams determined to be Group 2 wastewater
streams. Documentation to determine the annual average concentration is
not required for Group 1 streams. Examples of acceptable documentation
include material balances, records of chemical purchases, process
stoichiometry, or previous test results. If test data are used, the
owner or operator shall provide documentation describing the testing
protocol and the means by which any losses of volatile compounds during
[[Page 214]]
sampling, and the bias and accuracy of the analytical method, were
accounted for in the determination.
(4) Bench-scale or pilot-scale test data. Where bench-scale or
pilot-scale test data are used to determine the annual average
concentration, the owner or operator shall provide sufficient
information to document that the data are representative of the actual
annual average concentration, or are reliably indicative of another
relevant characteristic of the wastewater stream that could be used to
predict the annual average concentration. For concentration data, the
owner or operator shall also provide documentation describing the
testing protocol, and the means by which any losses of volatile
compounds during sampling, and the bias and accuracy of the analytical
method, were accounted for in the determination of annual average
concentration.
(5) Test data from sampling at the point of determination or at a
location downstream of the point of determination. Where an owner or
operator elects to comply with paragraph (a)(1) of this section by
measuring the concentration for the relevant Table 8 or Table 9
compounds, the owner or operator shall comply with the requirements of
this paragraph. For each wastewater stream, measurements shall be made
either at the point of determination, or downstream of the point of
determination with adjustment for concentration changes made according
to paragraph (b)(6) of this section. A minimum of three samples from
each wastewater stream shall be taken. Samples may be grab samples or
composite samples.
(i) Methods. The owner or operator shall use any of the methods
specified in paragraphs (b)(5)(i)(A) through (b)(5)(i)(F) of this
section.
(A) Method 25D. Use procedures specified in Method 25D of 40 CFR
part 60, appendix A.
(B) Method 305. Use procedures specified in Method 305 of 40 CFR
part 63, appendix A.
(C) Methods 624 and 625. Use procedures specified in Methods 624 and
625 of 40 CFR part 136, appendix A and comply with the sampling protocol
requirements specified in paragraph (b)(5)(ii) of this section. If these
methods are used to analyze one or more compounds that are not on the
method's published list of approved compounds, the Alternative Test
Procedure specified in 40 CFR 136.4 and 136.5 shall be followed. For
Method 625, make corrections to the compounds for which the analysis is
being conducted based on the accuracy as recovery factors in Table 7 of
the method.
(D) Method 1624 and Method 1625. Use procedures specified in Method
1624 and Method 1625 of 40 CFR part 136, appendix A and comply with the
requirements specified in paragraph (b)(5)(ii) of this section. If these
methods are used to analyze one or more compounds that are not on the
method's published list of approved compounds, the Alternative Test
Procedure specified in 40 CFR 136.4 and 136.5 shall be followed.
(E) Other EPA method(s). Use procedures specified in the method and
comply with the requirements specified in paragraphs (b)(5)(ii) and
either paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B) of this section.
(F) Method(s) other than EPA method. Use procedures specified in the
method and comply with the requirements specified in paragraphs
(b)(5)(ii) and (b)(5)(iii)(A) of this section.
(ii) Sampling plan. The owner or operator who is expressly referred
to this paragraph by provisions of this subpart shall prepare a sampling
plan. Wastewater samples shall be collected using sampling procedures
which minimize loss of organic compounds during sample collection and
analysis and maintain sample integrity. The sample plan shall include
procedures for determining recovery efficiency of the relevant hazardous
air pollutants listed in table 8 or table 9 of this subpart. An example
of an acceptable sampling plan would be one that incorporates similar
sampling and sample handling requirements to those of Method 25D of 40
CFR part 60, appendix A. The sampling plan shall be maintained at the
facility.
(iii) Validation of methods. The owner or operator shall validate
EPA methods other than Methods 25D, 305, 624, 625, 1624, and 1625 using
the procedures specified in paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B)
of this section. The owner
[[Page 215]]
or operator shall validate other methods as specified in paragraph
(b)(5)(iii)(A) of this section.
(A) Validation of EPA methods and other methods. The method used to
measure organic hazardous air pollutants concentrations in the
wastewater shall be validated according to section 5.1 or 5.3, and the
corresponding calculations in section 6.1 or 6.3, of Method 301 of
appendix A of this part. The data are acceptable if they meet the
criteria specified in section 6.1.5 or 6.3.3 of Method 301 of appendix A
of this part. If correction is required under section 6.3.3 of Method
301 of appendix A of this part, the data are acceptable if the
correction factor is within the range 0.7 to 1.30. Other sections of
Method 301 of appendix A of this part are not required. The
concentrations of the individual organic hazardous air pollutants
measured in the water may be corrected to their concentrations had they
been measured by Method 305 of appendix A of this part, by multiplying
each concentration by the compound-specific fraction measured (Fm)
factor listed in table 34 of this subpart.
(B) Validation for EPA methods. Follow the procedures as specified
in ``Alternative Validation Procedure for EPA Waste Methods'' 40 CFR
part 63, appendix D.
(iv) Calculations of average concentration. The average
concentration for each individually speciated Table 8 compound shall be
calculated by adding the individual values determined for the specific
compound in each sample and dividing by the number of samples. The total
average concentration of Table 9 compounds shall be calculated by first
summing the concentration of the individual compounds to obtain a total
hazardous air pollutants concentration for the sample; add the sample
totals and then divide by the number of samples in the run to obtain the
sample average for the run. If the method used does not speciate the
compounds, the sample results should be added and this total divided by
the number of samples in the run to obtain the sample average for the
run.
(6) Adjustment for concentrations determined downstream of the point
of determination. The owner or operator shall make corrections to the
annual average concentration or total annual average concentration when
the concentration is determined downstream of the point of determination
at a location where: two or more wastewater streams have been mixed; one
or more wastewater streams have been treated; or, losses to the
atmosphere have occurred. The owner or operator shall make the
adjustments either to the individual data points or to the final annual
average concentration.
(c) Procedures to determine flow rate, when evaluating Group status
under paragraph (a)(1) of this section. An owner or operator who elects
to comply with paragraph (a)(1) of this section shall determine the
annual average flow rate of the wastewater stream either at the point of
determination for each wastewater stream, or downstream of the point of
determination with adjustment for flow rate changes made according to
paragraph (c)(4) of this section. These procedures may be used in
combination for different wastewater streams at the source. The annual
average flow rate for the wastewater stream shall be representative of
actual or anticipated operation of the chemical manufacturing process
unit generating the wastewater over a designated 12-month period. The
owner or operator shall consider the total annual wastewater volume
generated by the chemical manufacturing process unit. If the chemical
manufacturing process unit is a flexible operation unit, the owner or
operator shall consider all anticipated production in the process
equipment over the designated 12-month period. The procedures specified
in paragraphs (c)(1), (c)(2), and (c)(3) of this section are considered
acceptable procedures for determining the flow rate. They may be used in
combination, and no one procedure shall take precedence over another.
(1) Knowledge of the wastewater. The owner or operator may use
knowledge of the wastewater stream and/or the process to determine the
annual average flow rate. The owner or operator shall use the maximum
expected annual average production capacity of the process unit,
knowledge of the process, and/or mass balance information to either:
Estimate directly the
[[Page 216]]
annual average wastewater flow rate; or estimate the total annual
wastewater volume and then divide total volume by 525,600 minutes in a
year. Where knowledge is used to determine the annual average flow rate,
the owner or operator shall provide sufficient information to document
the flow rate for wastewater streams determined to be Group 2 wastewater
streams. Documentation to determine the annual average flow rate is not
required for Group 1 streams.
(2) Historical Records. The owner or operator may use historical
records to determine the annual average flow rate. Derive the highest
annual average flow rate of wastewater from historical records
representing the most recent 5 years of operation or, if the process
unit has been in service for less than 5 years but at least 1 year, from
historical records representing the total operating life of the process
unit. Where historical records are used to determine the annual average
flow rate, the owner or operator shall provide sufficient information to
document the flow rate for wastewater streams determined to be Group 2
wastewater streams. Documentation to determine the annual average flow
rate is not required for Group 1 streams.
(3) Measurements of flow rate. Where an owner or operator elects to
comply with paragraph (a)(1) of this section by measuring the flow rate,
the owner or operator shall comply with the requirements of this
paragraph. Measurements shall be made at the point of determination, or
at a location downstream of the point of determination with adjustments
for flow rate changes made according to paragraph (c)(4) of this
section. Where measurement data are used to determine the annual average
flow rate, the owner or operator shall provide sufficient information to
document the flow rate for wastewater streams determined to be Group 2
wastewater streams. Documentation to determine the annual average flow
rate is not required for Group 1 streams.
(4) Adjustment for flow rates determined downstream of the point of
determination. The owner or operator shall make corrections to the
annual average flow rate of a wastewater stream when it is determined
downstream of the point of determination at a location where two or more
wastewater streams have been mixed or one or more wastewater streams
have been treated. The owner or operator shall make corrections for such
changes in the annual average flow rate.
[62 FR 2762, Jan. 17, 1997]
Sec. 63.145 Process wastewater provisions--test methods and procedures to determine compliance.
(a) General. This section specifies the procedures for performance
tests that are conducted to demonstrate compliance of a treatment
process or a control device with the control requirements specified in
Sec. 63.138 of this subpart. Owners or operators conducting a design
evaluation shall comply with the requirements of paragraph (a)(1) or
(a)(2) of this section. Owners or operators conducting a performance
test shall comply with the applicable requirements in paragraphs (a)
through (i) of this section.
(1) Performance tests and design evaluations for treatment
processes. If design steam stripper option (Sec. 63.138(d)) or RCRA
option (Sec. 63.138(h)) is selected to comply with Sec. 63.138, neither
a design evaluation nor a performance test is required. For any other
non-biological treatment process, the owner or operator shall conduct
either a design evaluation as specified in Sec. 63.138(j), or a
performance test as specified in this section. For closed biological
treatment processes, the owner or operator shall conduct either a design
evaluation as specified in Sec. 63.138(j), or a performance test as
specified in this section. For each open biological treatment process,
the owner or operator shall conduct a performance test as specified in
this section.
Note: Some open biological treatment processes may not require a
performance test. Refer to Sec. 63.145(h) and table 36 of this subpart
to determine whether the biological treatment process meets the criteria
that exempt the owner or operator from conducting a performance test.
(2) Performance tests and design evaluations for control devices.
The owner or operator shall conduct either a design evaluation as
specified in Sec. 63.139(d), or
[[Page 217]]
a performance test as specified in paragraph (i) of this section for
control devices other than flares and paragraph (j) of this section for
flares.
(3) Representative process unit operating conditions. Compliance
shall be demonstrated for representative operating conditions.
Operations during periods of startup, shutdown, or malfunction and
periods of nonoperation shall not constitute representative conditions.
The owner or operator shall record the process information that is
necessary to document operating conditions during the test.
(4) Representative treatment process or control device operating
conditions. Performance tests shall be conducted when the treatment
process or control device is operating at a representative inlet flow
rate and concentration. If the treatment process or control device will
be operating at several different sets of representative operating
conditions, the owner or operator shall comply with paragraphs (a)(4)(i)
and (a)(4)(ii) of this section. The owner or operator shall record
information that is necessary to document treatment process or control
device operating conditions during the test.
(i) Range of operating conditions. If the treatment process or
control device will be operated at several different sets of
representative operating conditions, performance testing over the entire
range is not required. In such cases, the performance test results shall
be supplemented with modeling and/or engineering assessments to
demonstrate performance over the operating range.
(ii) Consideration of residence time. If concentration and/or flow
rate to the treatment process or control device are not relatively
constant (i.e., comparison of inlet and outlet data will not be
representative of performance), the owner or operator shall consider
residence time, when determining concentration and flow rate.
(5) Testing equipment. All testing equipment shall be prepared and
installed as specified in the applicable test methods, or as approved by
the Administrator.
(6) Compounds not required to be considered in performance tests or
design evaluations. Compounds that meet the requirements specified in
paragraph (a)(6)(i), (a)(6)(ii), or (a)(6)(iii) of this section are not
required to be included in the performance test. Concentration
measurements based on Method 305 shall be adjusted by dividing each
concentration by the compound-specific Fm factor listed in table 34 of
this subpart. Concentration measurements based on methods other than
Method 305 shall not be adjusted by the compound-specific Fm factor
listed in table 34 of this subpart.
(i) Compounds not used or produced by the chemical manufacturing
process unit; or
(ii) Compounds with concentrations at the point of determination
that are below 1 part per million by weight; or
(iii) Compounds with concentrations at the point of determination
that are below the lower detection limit where the lower detection limit
is greater than 1 part per million by weight. The method shall be an
analytical method for wastewater which has that compound as a target
analyte.
(7) Treatment using a series of treatment processes. In all cases
where the wastewater provisions in this subpart allow or require the use
of a treatment process to comply with emissions limitations, the owner
or operator may use multiple treatment processes. The owner or operator
complying with the requirements of Sec. 63.138(a)(7)(i), when wastewater
is conveyed by hard-piping, shall comply with either
Sec. 63.145(a)(7)(i) or Sec. 63.145(a)(7)(ii) of this subpart. The owner
or operator complying with the requirements of Sec. 63.138(a)(7)(ii) of
this subpart shall comply with the requirements of Sec. 63.145(a)(7)(ii)
of this subpart.
(i) The owner or operator shall conduct the performance test across
each series of treatment processes. For each series of treatment
processes, inlet concentration and flow rate shall be measured either
where the wastewater stream enters the first treatment process in a
series of treatment processes, or prior to the first treatment process
as specified in Sec. 63.145(a)(9) of this subpart. For each series of
treatment processes, outlet concentration and flow rate shall be
measured where the wastewater stream exits the last treatment process in
the series of treatment
[[Page 218]]
processes, except when the last treatment process is an open or a closed
aerobic biological treatment process demonstrating compliance by using
the procedures in Sec. 63.145 (f) or (g) of this subpart. When the last
treatment process is either an open or a closed aerobic biological
treatment process demonstrating compliance by using the procedures in
Sec. 63.145 (f) or (g) of this subpart, inlet and outlet concentrations
and flow rates shall be measured as provided in paragraphs (a)(7)(i)(A)
and (a)(7)(i)(B) of this section. The mass flow rates removed or
destroyed by the series of treatment processes and by the biological
treatment process are all used to calculate actual mass removal (AMR) as
specified in Sec. 63.145(f)(5)(ii) of this subpart.
(A) The inlet and outlet to the series of treatment processes prior
to the biological treatment process are the points at which the
wastewater enters the first treatment process and exits the last
treatment process in the series, respectively, except as provided in
paragraph (a)(9)(ii) of this section.
(B) The inlet to the biological treatment process shall be the point
at which the wastewater enters the biological treatment process or the
outlet from the series of treatment processes identified in paragraph
(a)(7)(i)(A) of this section, except as provided in paragraph (a)(9)(ii)
of this section.
(ii) The owner or operator shall conduct the performance test across
each treatment process in the series of treatment processes. The mass
flow rate removed or destroyed by each treatment process shall be added
together to determine whether compliance has been demonstrated using
Sec. 63.145 (c), (d), (e), (f), and (g), as applicable. If a biological
treatment process is one of the treatment processes in the series of
treatment processes, the inlet to the biological treatment process shall
be the point at which the wastewater enters the biological treatment
process, or the inlet to the equalization tank if all the criteria of
paragraph (a)(9)(ii) of this section are met.
(8) When using a biological treatment process to comply with
Sec. 63.138 of this subpart, the owner or operator may elect to
calculate the AMR using a subset of Table 8 and/or Table 9 compounds
determined at the point of determination or downstream of the point of
determination with adjustment for concentration and flowrate changes
made according to Sec. 63.144(b)(6) and Sec. 63.144(c)(4) of this
subpart, respectively. All Table 8 and/or Table 9 compounds measured to
determine the RMR, except as provided by Sec. 63.145(a)(6), shall be
included in the RMR calculation.
(9) The owner or operator determining the inlet for purposes of
demonstrating compliance with Sec. 63.145 (e), (f), or (g) of this
subpart may elect to comply with paragraph (a)(9)(i) or (a)(9)(ii) of
this section.
(i) When wastewater is conveyed exclusively by hard-piping from the
point of determination to a treatment process that is either the only
treatment process or the first in a series of treatment processes (i.e.,
no treatment processes or other waste management units are used upstream
of this treatment process to store, handle, or convey the wastewater),
the inlet to the treatment process shall be at any location from the
point of determination to where the wastewater stream enters the
treatment process. When samples are taken upstream of the treatment
process and before wastewater streams have converged, the owner or
operator shall ensure that the mass flow rate of all Group 1 wastewater
streams is accounted for when using Sec. 63.138 (e) or (f) to comply and
that the mass flow rate of all Group 1 and Group 2 wastewater streams is
accounted for when using Sec. 63.138(g) to comply, except as provided in
Sec. 63.145(a)(6).
(ii) The owner or operator may consider the inlet to the
equalization tank as the inlet to the biological treatment process if
all the criteria in paragraphs (a)(9)(ii)(A) through (a)(9)(ii)(C) of
this section are met. The outlet from the series of treatment processes
prior to the biological treatment process is the point at which the
wastewater exits the last treatment process in the series prior to the
equalization tank, if the equalization tank and biological treatment
process are part of a series of treatment processes. The owner or
operator shall ensure that the mass flow rate of all Group 1 wastewater
streams
[[Page 219]]
is accounted for when using Sec. 63.138 (e) or (f) to comply and that
the mass flow rate of all Group 1 and Group 2 wastewater streams is
accounted for when using Sec. 63.138(g) to comply, except as provided in
Sec. 63.145(a)(6).
(A) The wastewater is conveyed by hard-piping from either the last
previous treatment process or the point of determination to the
equalization tank.
(B) The wastewater is conveyed from the equalization tank
exclusively by hard-piping to the biological treatment process and no
treatment processes or other waste management units are used to store,
handle, or convey the wastewater between the equalization tank and the
biological treatment process.
(C) The equalization tank is equipped with a fixed roof and a closed
vent system that routes emissions to a control device that meets the
requirements of Sec. 63.133(a)(2)(i) and Sec. 63.133 (b)(1) through
(b)(4) of this subpart.
(b) Noncombustion treatment process--concentration limits. This
paragraph applies to performance tests that are conducted to demonstrate
compliance of a noncombustion treatment process with the parts per
million by weight wastewater stream concentration limits at the outlet
of the treatment process. This compliance option is specified in
Sec. 63.138(b)(1) and Sec. 63.138(c)(1). Wastewater samples shall be
collected using sampling procedures which minimize loss of organic
compounds during sample collection and analysis and maintain sample
integrity per Sec. 63.144(b)(5)(ii). Samples shall be collected and
analyzed using the procedures specified in Sec. 63.144 (b)(5)(i),
(b)(5)(ii), and (b)(5)(iii) of this subpart. Samples may be grab samples
or composite samples. Samples shall be taken at approximately equally
spaced time intervals over a 1-hour period. Each 1-hour period
constitutes a run, and the performance test shall consist of a minimum
of 3 runs. Concentration measurements based on Method 305 may be
adjusted by dividing each concentration by the compound-specific Fm
factor listed in Table 34 of this subpart. Concentration measurements
based on methods other than Method 305 may be adjusted by multiplying
each concentration by the compound-specific Fm factor listed in table 34
of this subpart. (For wastewater streams that are Group 1 for both Table
8 and Table 9 compounds, compliance is demonstrated only if the sum of
the concentrations of Table 9 compounds is less than 50 ppmw, and the
concentration of each Table 8 compound is less than 10 ppmw.)
(c) Noncombustion, nonbiological treatment process: Percent mass
removal/destruction option. This paragraph applies to performance tests
that are conducted to demonstrate compliance of a noncombustion,
nonbiological treatment process with the percent mass removal limits
specified in Sec. 63.138(e) (1) and (2) for Table 8 and/or Table 9
compounds. The owner or operator shall comply with the requirements
specified in Sec. 63.145 (c)(1) through (c)(6) of this subpart.
(1) Concentration. The concentration of Table 8 and/or Table 9
compounds entering and exiting the treatment process shall be determined
as provided in this paragraph. Wastewater samples shall be collected
using sampling procedures which minimize loss of organic compounds
during sample collection and analysis and maintain sample integrity per
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for
wastewater which has that compound as a target analyte. Samples may be
grab samples or composite samples. Samples shall be taken at
approximately equally spaced time intervals over a 1-hour period. Each
1-hour period constitutes a run, and the performance test shall consist
of a minimum of 3 runs. Concentration measurements based on Method 305
shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed in Table 34 of this subpart. Concentration
measurements based on methods other than Method 305 shall not adjust by
the compound-specific Fm factor listed in Table 34 of this subpart.
(2) Flow rate. The flow rate of the entering and exiting wastewater
streams shall be determined using inlet and outlet flow meters,
respectively. Where the outlet flow is not greater than the inlet flow,
a flow meter shall be used, and may be used at either the inlet or
[[Page 220]]
outlet. Flow rate measurements shall be taken at the same time as the
concentration measurements.
(3) Calculation of mass flow rate--for noncombustion, nonbiological
treatment processes. The mass flow rates of Table 8 and/or Table 9
compounds entering and exiting the treatment process are calculated as
follows.
[GRAPHIC] [TIFF OMITTED] TR17JA97.000
[GRAPHIC] [TIFF OMITTED] TR17JA97.001
Where:
QMWa, QMWb=Mass flow rate of Table 8 or Table 9
compounds, average of all runs, in wastewater entering (QMWa)
or exiting (QMWb) the treatment process, kilograms per hour.
=Density of the wastewater, kilograms per cubic meter.
Qa,k, Qbb,k=Volumetric flow rate of wastewater
entering (Qa,k) or exiting (Qb,k) the treatment
process during each run k, cubic meters per hour.
CT,a,k, CT,b,k=Total concentration of Table 8 or
Table 9 compounds in wastewater entering (CT,a,k) or exiting
(CT,b,k) the treatment process during each run k, parts per
million by weight.
p=Number of runs.
k=Identifier for a run.
106=conversion factor, mg/kg
(4) Percent removal calculation for mass flow rate. The percent mass
removal across the treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.002
Where:
E=Removal or destruction efficiency of the treatment process, percent.
QMWa, QMWb=Mass flow rate of Table 8 or Table 9
compounds in wastewater entering (QMWa) and exiting
(QMWb) the treatment process, kilograms per hour (as
calculated using Equations WW1 and WW2).
(5) Calculation of flow-weighted average of Fr values. If complying
with Sec. 63.138(e)(2), use Equation WW8 to calculate the flow-weighted
average of the Fr values listed in Table 9 of this subpart. When the
term ``combustion'' is used in Equation WW8, the term ``treatment
process'' shall be used for the purposes of this paragraph.
(6) Compare mass removal efficiency to required efficiency. Compare
the mass removal efficiency (calculated in Equation WW3) to the required
efficiency as specified in Sec. 63.138(e) of this subpart. If complying
with Sec. 63.138(e)(1), compliance is demonstrated if the mass removal
efficiency is 99 percent or greater. If complying with
Sec. 63.138(e)(2), compliance is demonstrated if the mass removal
efficiency is greater than or equal to the flow-weighted average of the
Fr values calculated in Equation WW8.
(d) Combustion treatment processes: percent mass removal/destruction
option. This paragraph applies to performance tests that are conducted
to demonstrate compliance of a combustion treatment process with the
percent
[[Page 221]]
mass destruction limits specified in Sec. 63.138(e) (1) and (2) for
Table 9 compounds, and/or Sec. 63.138(e)(1) for Table 8 compounds. The
owner or operator shall comply with the requirements specified in
Sec. 63.145 (d)(1) through (d)(9) of this subpart. (Wastewater streams
that are Group 1 for both Table 8 and Table 9 compounds need only do the
compliance demonstration for Table 9 compounds.)
(1) Concentration in wastewater stream entering the combustion
treatment process. The concentration of Table 8 and/or Table 9 compounds
entering the treatment process shall be determined as provided in this
paragraph. Wastewater samples shall be collected using sampling
procedures which minimize loss of organic compounds during sample
collection and analysis and maintain sample integrity per
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for
wastewater which has that compound as a target analyte. Samples may be
grab samples or composite samples. Samples shall be taken at
approximately equally spaced time intervals over a 1-hour period. Each
1-hour period constitutes a run, and the performance test shall consist
of a minimum of 3 runs. Concentration measurements based on Method 305
of appendix A of this part shall be adjusted by dividing each
concentration by the compound-specific Fm factor listed in table 34 of
this subpart. Concentration measurements based on methods other than
Method 305 shall not adjust by the compound-specific Fm factor listed in
table 34 of this subpart.
(2) Flow rate of wastewater entering the combustion treatment
process. The flow rate of the wastewater stream entering the combustion
treatment process shall be determined using an inlet flow meter. Flow
rate measurements shall be taken at the same time as the concentration
measurements.
(3) Calculation of mass flow rate in wastewater stream entering
combustion treatment processes. The mass flow rate of Table 8 and/or
Table 9 compounds entering the treatment process is calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.003
Where:
QMWa=Mass flow rate of Table 8 or Table 9 compounds entering
the combustion unit, kilograms per hour.
=Density of the wastewater stream, kilograms per cubic meter.
Qa,k=Volumetric flow rate of wastewater entering the
combustion unit during run k, cubic meters per hour.
CT,a,k=Total concentration of Table 8 or Table 9 compounds in
the wastewater stream entering the combustion unit during run k, parts
per million by weight.
p=Number of runs.
k=Identifier for a run.
(4) Concentration in vented gas stream exiting the combustion
treatment process. The concentration of Table 8 and/or Table 9 compounds
exiting the combustion treatment process in any vented gas stream shall
be determined as provided in this paragraph. Samples may be grab samples
or composite samples. Samples shall be taken at approximately equally
spaced time intervals over a 1-hour period. Each 1-hour period
constitutes a run, and the performance test shall consist of a minimum
of 3 runs. Concentration measurements shall be determined using Method
18 of 40 CFR part 60, appendix A. Alternatively, any other test method
validated according to the procedures in Method 301 of appendix A of
this part may be used.
(5) Volumetric flow rate of vented gas stream exiting the combustion
treatment process. The volumetric flow rate of the vented gas stream
exiting the combustion treatment process shall be determined using
Method 2, 2A, 2C, or 2D of
[[Page 222]]
40 CFR part 60, appendix A, as appropriate. Volumetric flow rate
measurements shall be taken at the same time as the concentration
measurements.
(6) Calculation of mass flow rate of vented gas stream exiting
combustion treatment processes. The mass flow rate of Table 8 and/or
Table 9 compounds in a vented gas stream exiting the combustion
treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.004
[GRAPHIC] [TIFF OMITTED] TR17JA97.005
Where:
CGa,i, CGb,i=Concentration of total organic
compounds (TOC) (minus methane and ethane) or total organic hazardous
air pollutants, in vented gas stream, entering (CGa,i) and
exiting (CGb,i) the control device, dry basis, parts per
million by volume.
QMGa, QMGb=Mass rate of TOC (minus methane and
ethane) or total organic hazardous air pollutants, in vented gas stream,
entering (QMGa) and exiting (QMGb) the control
device, dry basis, kilograms per hour.
MWi=Molecular weight of a component, kilogram/kilogram-mole.
QGa,QGb=Flow rate of gas stream entering
(QGa) and exiting (QGb) the control device, dry
standard cubic meters per hour.
K2=Constant, 41.57 x 10-9 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter)
is 20 deg. Celsius.
i=Identifier for a compound.
n=Number of components in the sample.
(7) Destruction efficiency calculation. The destruction efficiency
of the combustion unit for Table 8 and/or Table 9 compounds shall be
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.006
Where:
E=Destruction efficiency of Table 8 or Table 9 compounds for the
combustion unit, percent.
QMWa=Mass flow rate of Table 8 or Table 9 compounds entering
the combustion unit, kilograms per hour.
QMGb=Mass flow rate of Table 8 or Table 9 compounds in vented
gas stream exiting the combustion treatment process, kilograms per hour.
(8) Calculation of flow-weighted average of Fr values. Use Equation
WW8 to calculate the flow-weighted average of the Fr values listed in
table 9 of this subpart.
[[Page 223]]
[GRAPHIC] [TIFF OMITTED] TR17JA97.007
Where:
Fravg=Flow-weighted average of the Fr values.
Ci,a,k=Concentration of Table 8 and/or Table 9 compounds in
wastewater stream entering the combustion unit, during run k, parts per
million by weight.
Qa,k=Volumetric flow rate of wastewater entering the
combustion unit during run k, cubic meters per hour.
Fri=Compound-specific Fr value listed in table 9 of this
subpart.
(9) Calculate flow-weighted average of Fr values and compare to mass
destruction efficiency. Compare the mass destruction efficiency
(calculated in Equation WW 7) to the required efficiency as specified in
Sec. 63.138(e). If complying with Sec. 63.138(e)(1), compliance is
demonstrated if the mass destruction efficiency is 99 percent or
greater. If complying with Sec. 63.138(e)(2), compliance is demonstrated
if the mass destruction efficiency is greater than or equal to the flow-
weighted average of the Fr value calculated in Equation WW8.
(e) Non-combustion treatment processes including closed biological
treatment processes: RMR option. This paragraph applies to performance
tests for non-combustion treatment processes other than open biological
treatment processes to demonstrate compliance with the mass removal
provisions for Table 8 and/or Table 9 compounds. Compliance options for
noncombustion treatment processes are specified in Sec. 63.138(f) of
this subpart. Compliance options for closed aerobic or anaerobic
biological treatment processes are specified in Sec. 63.138(f) and
Sec. 63.138(g) of this subpart. When complying with Sec. 63.138(f), the
owner or operator shall comply with the requirements specified in
Sec. 63.145(e)(1) through (e)(6) of this subpart. When complying with
Sec. 63.138(g), the owner or operator shall comply with the requirements
specified in Sec. 63.145(e)(1) through (e)(6) of this subpart.
(Wastewater streams that are Group 1 for both Table 8 and Table 9
compounds need only do the compliance demonstration for Table 9
compounds.)
(1) Concentration in wastewater stream. The concentration of Table 8
and/or Table 9 compounds shall be determined as provided in this
paragraph. Concentration measurements to determine RMR shall be taken at
the point of determination or downstream of the point of determination
with adjustment for concentration change made according to
Sec. 63.144(b)(6) of this subpart. Concentration measurements to
determine AMR shall be taken at the inlet and outlet to the treatment
process and as provided in Sec. 63.145(a)(7) for a series of treatment
processes. Wastewater samples shall be collected using sampling
procedures which minimize loss of organic compounds during sample
collection and analysis and maintain sample integrity per
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for
wastewater which has that compound as a target analyte. Samples may be
grab samples or composite samples. Samples shall be taken at
approximately equally spaced time intervals over a 1-hour period. Each
1-hour period constitutes a run, and the performance test shall consist
of a minimum of 3 runs. Concentration measurements based on Method 305
shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed in table 34 of this subpart. Concentration
measurements based on methods other than Method 305 shall not adjust by
the compound-specific Fm factor listed in table 34 of this subpart.
(2) Flow rate. Flow rate measurements to determine RMR shall be
taken at the point of determination or
[[Page 224]]
downstream of the point of determination with adjustment for flow rate
change made according to Sec. 63.144(c)(4) of this subpart. Flow rate
measurements to determine AMR shall be taken at the inlet and outlet to
the treatment process and as provided in Sec. 63.145(a)(7) for a series
of treatment processes. Flow rate shall be determined using inlet and
outlet flow measurement devices. Where the outlet flow is not greater
than the inlet flow, a flow measurement device shall be used, and may be
used at either the inlet or outlet. Flow rate measurements shall be
taken at the same time as the concentration measurements.
(3) Calculation of RMR for non-combustion treatment processes
including closed biological treatment processes. When using
Sec. 63.138(f) to comply, the required mass removal of Table 8 and/or
Table 9 compounds for each Group 1 wastewater stream shall be calculated
as specified in paragraph (e)(3)(i) of this section. When using
Sec. 63.138(g) to comply, the required mass removal shall be calculated
as specified in paragraph (e)(3)(ii) of this section.
(i) When using Sec. 63.138(f) to comply, the required mass removal
of Table 8 and/or Table 9 compounds for each Group 1 wastewater stream
shall be calculated using Equation WW9.
[GRAPHIC] [TIFF OMITTED] TR17JA97.008
Where:
RMR=Required mass removal for treatment process or series of treatment
processes, kilograms per hour.
=Density of the Group 1 wastewater stream, kilograms per cubic
meter.
Q=Volumetric flow rate of wastewater stream at the point of
determination, liters per hour.
i=Identifier for a compound.
n=Number of Table 8 or Table 9 compounds in stream.
Ci=Concentration of Table 8 or Table 9 compounds at the point
of determination, parts per million by weight.
Fri=Fraction removal value of a Table 8 or Table 9 compound.
Fr values are listed in table 9 of this subpart.
10\9\=Conversion factor, mg/kg * l/m\3\.
(ii) When using Sec. 63.138(g) to comply, the required mass removal
is 95 percent of the mass flow rate for all Group 1 and Group 2
wastewater streams combined for treatment. The required mass removal of
Table 8 and/or Table 9 compounds for all Group 1 and Group 2 wastewater
streams combined for treatment when complying with Sec. 63.138(g) shall
be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.009
Where:
RMR=Required mass removal for treatment process or series of treatment
processes, kilograms per hour.
=Density of the Group 1 wastewater stream, kilograms per cubic
meter.
Q=Volumetric flow rate of wastewater stream at the point of
determination, liters per hour.
i=Identifier for a compound.
n=Number of Table 8 or Table 9 compounds in stream.
Ci=Concentration of Table 8 or Table 9 compounds at the point
of determination, parts per million by weight.
10\9\=Conversion factor, mg/kg * l/m\3\
(4)(i) The required mass removal is calculated by summing the
required mass removal for each Group 1
[[Page 225]]
wastewater stream to be combined for treatment when complying with
Sec. 63.138(f).
(ii) The required mass removal is calculated by summing the required
mass removal for all Group 1 and Group 2 wastewater streams combined for
treatment when complying with Sec. 63.138(g).
(5) The AMR calculation procedure for non-combustion treatment
processes including closed biological treatment processes. The AMR shall
be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.010
Where:
AMR=Actual mass removal of Table 8 or Table 9 compounds achieved by
treatment process or series of treatment processes, kilograms per hour.
QMWa=Mass flow rate of Table 8 or Table 9 compounds in
wastewater entering the treatment process or first treament process in a
series of treatment processes, kilograms per hour.
QMWb=Mass flow rate of Table 8 or Table 9 compounds in
wastewater exiting the last treatment process in a series of treatment
processes, kilograms per hour.
(6) Compare RMR to AMR. When complying with Sec. 63.138(f), compare
the RMR calculated in Equation WW9 to the AMR calculated in Equation
WW10. Compliance is demonstrated if the AMR is greater than or equal to
the RMR. When complying with Sec. 63.138(g), compare the RMR calculated
in Equation WW-9a to the AMR calculated in Equation WW10. Compliance is
demonstrated if the AMR is greater than or equal to 95-percent mass
removal.
(f) Open or closed aerobic biological treatment processes: Required
mass removal (RMR) option. This paragraph applies to the use of
performance tests that are conducted for open or closed aerobic
biological treatment processes to demonstrate compliance with the mass
removal provisions for Table 8 and/or Table 9 compounds. These
compliance options are specified in Sec. 63.138(f) of this subpart. The
owner or operator shall comply with the requirements specified in
Sec. 63.145 (f)(1) through (f)(6) of this subpart. Some compounds may
not require a performance test. Refer to Sec. 63.145(h) and table 36 of
this subpart to determine which compounds may be exempt from the
requirements of this paragraph.
(1) Concentration in wastewater stream. The concentration of Table 8
and/or Table 9 compounds shall be determined as provided in this
paragraph. Concentration measurements to determine RMR shall be taken at
the point of determination or downstream of the point of determination
with adjustment for concentration change made according to
Sec. 63.144(b)(6) of this subpart. Concentration measurements to
determine AMR shall be taken at the inlet and outlet to the treatment
process and as provided in Sec. 63.145(a)(7) for a series of treatment
processes. Wastewater samples shall be collected using sampling
procedures which minimize loss of organic compounds during sample
collection and analysis and maintain sample integrity per
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for
wastewater which has that compound as a target analyte. Samples may be
grab samples or composite samples. Samples shall be taken at
approximately equally spaced time intervals over a 1-hour period. Each
1-hour period constitutes a run, and the performance test shall consist
of a minimum of 3 runs. Concentration measurements based on Method 305
shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed in table 34 of this subpart. Concentration
measurements based on methods other than Method 305 shall not adjust by
the compound-specific Fm factor listed in table 34 of this subpart.
(2) Flow rate. Flow rate measurements to determine RMR shall be
taken at the point of determination or
[[Page 226]]
downstream of the point of determination with adjustment for flow rate
change made according to Sec. 63.144(c)(4) of this subpart. Flow rate
measurements to determine AMR shall be taken at the inlet and outlet to
the treatment process and as provided in Sec. 63.145(a)(7) for a series
of treatment processes. Flow rate shall be determined using inlet and
outlet flow measurement devices. Where the outlet flow is not greater
than the inlet flow, a flow measurement device shall be used, and may be
used at either the inlet or outlet. Flow rate measurements shall be
taken at the same time as the concentration measurements.
(3) Calculation of RMR for open or closed aerobic biological
treatment processes. The required mass removal of Table 8 and/or Table 9
compounds for each Group 1 wastewater stream shall be calculated using
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.011
Where:
RMR=Required mass removal for treatment process or series of treatment
processes, kilograms per hour.
P=Density of the Group 1 wastewater stream, kilograms per cubic meter.
Q=Volumetric flow rate of wastewater stream at the point of
determination, liters per hour.
i=Identifier for a compound.
n=Number of Table 8 or Table 9 compounds in stream.
Ci=Concentration of Table 8 or Table 9 compounds at the point
of determination, parts per million by weight.
Fri=Fraction removal value of a Table 8 or Table 9 compound.
Fr values are listed in table 9 of this subpart.
109=Conversion factor, mg/kg * l/m3.
(4) The required mass removal is calculated by adding together the
required mass removal for each Group 1 wastewater stream to be combined
for treatment.
(5) Actual mass removal calculation procedure for open or closed
aerobic biological treatment processes. The actual mass removal (AMR)
shall be calculated using Equation WW12 as specified in paragraph
(f)(5)(i) of this section when the performance test is performed across
the open or closed aerobic biological treatment process only. If
compliance is being demonstrated in accordance with
Sec. 63.145(a)(7)(i), the AMR for the series shall be calculated using
Equation WW13 in Sec. 63.145(f)(5)(ii). (This equation is for situations
where treatment is performed in a series of treatment processes
connected by hard-piping.) If compliance is being demonstrated in
accordance with Sec. 63.145(a)(7)(ii), the AMR for the biological
treatment process shall be calculated using Equation WW12 in
Sec. 63.145(f)(5)(i). The AMR for the biological treatment process used
in a series of treatment processes calculated using Equation WW12 shall
be added to the AMR determined for each of the other individual
treatment processes in the series of treatment processes.
(i) Calculate AMR for the open or closed aerobic biological
treatment process as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.012
Where:
AMR=Actual mass removal of Table 8 or Table 9 compounds achieved by open
or closed biological treatment process, kilograms per hour.
QMWa=Mass flow rate of Table 8 or Table 9 compounds in
wastewater entering the treatment process, kilograms per hour.
Fbio=Site-specific fraction of Table 8 or Table 9 compounds
biodegraded. Fbio shall be determined as specified in
Sec. 63.145(h) and appendix C of this subpart.
(ii) Calculate AMR across a series of treatment units where the last
treatment unit is an open or closed aerobic biological treatment process
as follows:
[[Page 227]]
[GRAPHIC] [TIFF OMITTED] TR17JA97.013
Where:
AMR=Actual mass removal of Table 8 or Table 9 compounds achieved by a
series of treatment processes, kilograms per hour.
QMWa=Mass flow rate of Table 8 or Table 9 compounds in
wastewater entering the first treatment process in a series of treatment
processes, kilograms per hour.
QMWb=Mass flow rate of Table 8 or Table 9 compounds in
wastewater exiting the last treatment process in a series of treatment
processes prior to the biological treatment process, kilograms per hour.
Fbio=Site-specific fraction of Table 8 or Table 9 compounds
biodegraded. Fbio shall be determined as specified in
Sec. 63.145(h) and appendix C of this subpart.
(6) Compare RMR to AMR. Compare the RMR calculated in Equation WW11
to the AMR calculated in either Equation WW12 or WW13, as applicable.
Compliance is demonstrated if the AMR is greater than or equal to the
RMR.
(g) Open or closed aerobic biological treatment processes: 95-
percent mass removal option. This paragraph applies to performance tests
that are conducted for open or closed aerobic biological treatment
processes to demonstrate compliance with the 95-percent mass removal
provisions for Table 8 and/or Table 9 compounds. This compliance option
is specified in Sec. 63.138(g) of this subpart. The RMR for this option
is 95-percent mass removal. The owner or operator shall comply with the
requirements specified in Sec. 63.145(g)(1) to determine AMR,
Sec. 63.145 (e)(3)(ii) and (e)(4)(ii) to determine RMR, and (g)(2) of
this subpart to determine whether compliance has been demonstrated. Some
compounds may not require a performance test. Refer to Sec. 63.145(h)
and table 36 of this subpart to determine which compounds may be exempt
from the requirements of this paragraph. (Wastewater streams that are
Group 1 for both Table 8 and Table 9 compounds need only do the
compliance demonstration for Table 9 compounds.)
(1) The owner or operator shall comply with the requirements
specified in paragraphs (f)(1), (f)(2), and (f)(5) of this section to
determine AMR. References to Group 1 wastewater streams shall be deemed
Group 1 and Group 2 wastewater streams for the purposes of this
paragraph.
(2) Compare RMR to AMR. Compliance is demonstrated if the AMR is
greater than or equal to RMR.
(h) Site-specific fraction biodegraded (Fbio). The
compounds listed in table 9 of this subpart are divided into three sets
for the purpose of determining whether Fbio must be
determined, and if Fbio must be determined, which procedures
may be used to determine compound-specific kinetic parameters. These
sets are designated as lists 1, 2, and 3 in table 36 of this subpart.
(1) Performance test exemption. If a biological treatment process
meets the requirements specified in paragraphs (h)(1)(i) and (h)(1)(ii)
of this section, the owner or operator is not required to determine
Fbio and is exempt from the applicable performance test
requirements specified in Sec. 63.138 of this subpart.
(i) The biological treatment process meets the definition of
``enhanced biological treatment process'' in Sec. 63.111 of this
subpart.
(ii) At least 99 percent by weight of all compounds on table 36 of
this subpart that are present in the aggregate of all wastewater streams
using the biological treatment process to comply with Sec. 63.138 of
this subpart are compounds on list 1 of table 36 of this subpart.
(2) Fbio determination. For wastewater streams that
include one or more compounds on lists 2 and/or 3 of table 36 of this
subpart that do not meet criteria in paragraph (h)(1)(ii) of this
section, the owner or operator shall determine Fbio for the
biological treatment process using the procedures in appendix C to part
63, and paragraph (h)(2)(i) or (h)(2)(ii) of this section. For
biological treatment processes that do not meet
[[Page 228]]
the definition for enhanced biological treatment in Sec. 63.111 of this
subpart, the owner or operator shall determine the Fbio for
the biological treatment process using any of the procedures in appendix
C to part 63, except the batch tests procedure.
(i) Wastewater streams without list 3 compounds that are treated in
enhanced biological treatment processes. For wastewater streams that
include no compounds on list 3 of table 36 of this subpart and the
biological treatment process meets the definition of enhanced biological
treatment process in Sec. 63.111 of this subpart, the owner or operator
shall determine fbio for the list 2 compounds using any of
the procedures specified in appendix C of 40 CFR part 63. (The symbol
``fbio'' represents the site specific fraction of an
individual Table 8 or Table 9 compound that is biodegraded.) The owner
or operator shall calculate fbio for the list 1 compounds
using the defaults for first order biodegradation rate constants
(K1) in table 37 of subpart G and follow the procedure
explained in Form III of appendix C, 40 CFR part 63, or any of the
procedures specified in appendix C, 40 CFR part 63.
(ii) Wastewater streams with list 3 compounds that are treated in
enhanced biological treatment processes. For wastewater streams that
include one or more compounds on list 3 of table 36 of this subpart, the
owner or operator shall determine fbio for the list 3
compounds using any of the procedures specified in appendix C, 40 CFR
part 63, except the batch tests procedure. The owner or operator shall
determine fbio for the list 2 compounds using any of the
procedures specified in appendix C, 40 CFR part 63. The owner or
operator shall calculate fbio for the list 1 compounds using
the defaults for first order biodegradation rate constants
(K1) in table 37 of subpart G and follow the procedure
explained in Form III of appendix C, 40 CFR part 63, or any of the
procedures specified in appendix C, of 40 CFR part 63.
(iii) Performance tests for control devices other than flares. This
paragraph applies to performance tests that are conducted to demonstrate
compliance of a control device with the efficiency limits specified in
Sec. 63.139(c). If complying with the 95-percent reduction efficiency
requirement, comply with the requirements specified in paragraphs (i)(1)
through (i)(9) of this section. If complying with the 20 ppm by volume
requirement, comply with the requirements specified in paragraphs (i)(1)
through (i)(6) and (i)(9) of this section. The 20 ppm by volume limit or
95 percent reduction efficiency requirement shall be measured as either
total organic hazardous air pollutants or as TOC minus methane and
ethane.
(i)(1) Sampling sites. Sampling sites shall be selected using Method
1 or 1A of 40 CFR part 60, appendix A, as appropriate. For determination
of compliance with the 95 percent reduction requirement, sampling sites
shall be located at the inlet and the outlet of the control device. For
determination of compliance with the 20 parts per million by volume
limit, the sampling site shall be located at the outlet of the control
device.
(2) Concentration in gas stream entering or exiting the control
device. The concentration of total organic hazardous air pollutants or
TOC in a gas stream shall be determined as provided in this paragraph.
Samples may be grab samples or composite samples (i.e., integrated
samples). Samples shall be taken at approximately equally spaced time
intervals over a 1-hour period. Each 1-hour period constitutes a run,
and the performance test shall consist of a minimum of 3 runs.
Concentration measurements shall be determined using Method 18 of 40 CFR
part 60, appendix A. Alternatively, any other test method validated
according to the procedures in Method 301 of appendix A of this part may
be used.
(3) Volumetric flow rate of gas stream entering or exiting the
control device. The volumetric flow rate of the gas stream shall be
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A,
as appropriate. Volumetric flow rate measurements shall be taken at the
same time as the concentration measurements.
(4) Calculation of TOC concentration. The TOC concentration
(CGT) is the sum of the concentrations of the individual
components. If compliance is being determined based on TOC, the owner or
operator shall compute TOC
[[Page 229]]
for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.014
Where:
CGT=Total concentration of TOC (minus methane and ethane) in
vented gas stream, average of samples, dry basis, parts per million by
volume.
CGSi,j=Concentration of sample components in vented gas
stream for sample j, dry basis, parts per million by volume.
i=Identifier for a compound.
n=Number of components in the sample.
j=Identifier for a sample.
m=Number of samples in the sample run.
(5) Calculation of total organic hazardous air pollutants
concentration. The owner or operator determining compliance based on
total organic hazardous air pollutants concentration (CHAP)
shall compute CHAP according to the Equation WW14, except
that only Table 9 compounds shall be summed.
(6) Percent oxygen correction for combustion control devices. If the
control device is a combustion device, comply with the requirements
specified in paragraph (i)(6)(i) of this section to determine oxygen
concentration, and in paragraph (i)(6)(ii) of this section to calculate
the percent oxygen correction.
(i) Oxygen concentration. The concentration of TOC or total organic
hazardous air pollutants shall be corrected to 3 percent oxygen if the
control device is a combustion device. The emission rate correction
factor for excess air, composite sampling (i.e., integrated sampling)
and analysis procedures of Method 3B of 40 CFR part 60, appendix A shall
be used to determine the actual oxygen concentration (%02d).
The samples shall be taken during the same time that the TOC (minus
methane or ethane) or total organic hazardous air pollutants samples are
taken.
(ii) 3 percent oxygen calculation. The concentration corrected to 3
percent oxygen (CGc), when required, shall be computed using
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.015
Where:
CGc=Concentration of TOC or organic hazardous air pollutants
corrected to 3 percent oxygen, dry basis, parts per million by volume.
CGT=Total concentration of TOC (minus methane and ethane) in
vented gas stream, average of samples, dry basis, parts per million by
volume.
%02d=Concentration of oxygen measured in vented gas stream,
dry basis, percent by volume.
(7) Mass rate calculation. The mass rate of either TOC (minus
methane and ethane) or total organic hazardous air pollutants shall be
calculated using the following equations. Where the mass rate of TOC is
being calculated, all organic compounds (minus methane and ethane)
measured by methods specified in paragraph (i)(2) of this section are
summed using Equations WW16 and WW17. Where the mass rate of total
organic hazardous air pollutants is being calculated, only Table 9
compounds
[[Page 230]]
shall be summed using Equations WW16 and WW17.
[GRAPHIC] [TIFF OMITTED] TR17JA97.016
[GRAPHIC] [TIFF OMITTED] TR17JA97.017
Where:
CGa,i, CGb,i=Concentration of TOC (minus methane
and ethane) or total organic hazardous air pollutants, in vented gas
stream, entering (CGa,i) and exiting (CGb,i) the
control device, dry basis, parts per million by volume.
QMGa, QMGb=Mass rate of TOC (minus methane and
ethane) or total organic hazardous air pollutants, in vented gas stream,
entering (QMGa) and exiting (QMGb) the control
device, dry basis, kilograms per hour.
MWi=Molecular weight of a component, kilogram/kilogram-mole.
QGa, QGb=Flow rate of gas stream entering
(QGa) and exiting (QGb) the control device, dry
standard cubic meters per hour.
K2=Constant, 41.57 x 10-9 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter)
is 20 deg. Celsius.
i=Identifier for a compound.
n=Number of components in the sample.
(8) Percent reduction calculation. The percent reduction in TOC
(minus methane and ethane) or total organic hazardous air pollutants
shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.018
Where:
E=Destruction efficiency of control device, percent.
QMGa, QMGb=Mass rate of TOC (minus methane and
ethane) or total organic hazardous air pollutants, in vented gas stream
entering and exiting (QMGb) the control device, dry basis,
kilograms per hour.
(9) Compare mass destruction efficiency to required efficiency. If
complying with the 95 percent reduction efficiency requirement,
compliance is demonstrated if the mass destruction efficiency
(calculated in Equation WW18) is 95 percent or greater. If complying
with the 20 parts per million by volume limit in Sec. 63.139 (c)(1)(ii)
of this subpart, compliance is demonstrated if the outlet total organic
compound concentration, less methane and ethane, or total organic
hazardous air pollutants concentration is 20 parts per million by
volume, or less. For combustion control devices, the concentration shall
be calculated on a dry basis, corrected to 3 percent oxygen.
(j) Compliance demonstration for flares. When a flare is used to
comply with Sec. 63.139 (c) of this subpart, the owner or operator shall
comply with the flare provisions in Sec. 63.11(b) of subpart A of this
part.
(1) The compliance determination shall be conducted using Method 22
of 40 CFR part 60, appendix A, to determine visible emissions.
[[Page 231]]
(2) An owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic hazardous
air pollutants or TOC concentration when a flare is used.
[62 FR 2765, Jan. 17, 1997]
Sec. 63.146 Process wastewater provisions--reporting.
(a) For each waste management unit, treatment process, or control
device used to comply with Secs. 63.138 (b)(1), (c)(1), (d), (e), (f),
or (g) of this subpart for which the owner or operator seeks to monitor
a parameter other than those specified in table 11, table 12, or table
13 of this subpart, the owner or operator shall submit a request for
approval to monitor alternative parameters according to the procedures
specified in Sec. 63.151(f) or (g) of this subpart.
(b) The owner or operator shall submit the information specified in
paragraphs (b)(1) through (b)(9) of this section as part of the
Notification of Compliance Status required by Sec. 63.152(b) of this
subpart.
(1) [Reserved]
(2) For each new and existing source, the owner or operator shall
submit the information specified in table 15 of this subpart for Table 8
and/or Table 9 compounds.
(3) [Reserved]
(4) For each treatment process identified in table 15 of this
subpart that receives, manages, or treats a Group 1 wastewater stream or
residual removed from a Group 1 wastewater stream, the owner or operator
shall submit the information specified in table 17 of this subpart.
(5) For each waste management unit identified in table 15 of this
subpart that receives or manages a Group 1 wastewater stream or residual
removed from a Group 1 wastewater stream, the owner or operator shall
submit the information specified in table 18 of this subpart.
(6) For each residual removed from a Group 1 wastewater stream, the
owner or operator shall report the information specified in table 19 of
this subpart.
(7) For each control device used to comply with Secs. 63.133 through
63.139 of this subpart, the owner or operator shall report the
information specified in paragraphs (b)(7)(i) and (b)(7)(ii) of this
section.
(i) For each flare, the owner or operator shall submit the
information specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C) of
this section.
(A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
(B) All visible emission readings, heat content determinations, flow
rate measurements, and exit velocity determinations made during the
compliance determination required by Sec. 63.139(c)(3) of this subpart;
and
(C) Reports of the times and durations of all periods during the
compliance determination when the pilot flame is absent or the monitor
is not operating.
(ii) For each control device other than a flare, the owner or
operator shall submit the information specified in paragraph
(b)(7)(ii)(A) of this section and in either paragraph (b)(7)(ii)(B) or
(b)(7)(ii)(C) of this section.
(A) The information on parameter ranges specified in
Sec. 63.152(b)(2) of this subpart for the applicable parameters
specified in table 13 of this subpart, unless the parameter range has
already been established in the operating permit; and either
(B) The design evaluation specified in Sec. 63.139(d)(2) of this
subpart; or
(C) Results of the performance test specified in Sec. 63.139(d)(1)
of this subpart. Performance test results shall include operating ranges
of key process and control parameters during the performance test; the
value of each parameter being monitored in accordance with Sec. 63.143
of this subpart; and applicable supporting calculations.
(8) For each treatment process used to comply with Sec. 63.138
(b)(1)(iii)(C), (c)(1)(iii)(D), (d), or (e) of this subpart, the owner
or operator shall submit the information specified in paragraphs
(b)(8)(i) and (b)(8)(ii) of this section.
(i) For Items 1 and 2 in table 12 of this subpart, the owner or
operator shall submit the information specified in paragraphs
(b)(8)(i)(A) and (b)(8)(i)(B) of this section.
(A) The information on parameter ranges specified in
Sec. 63.152(b)(2) of this subpart for the parameters approved by
[[Page 232]]
the Administrator, unless the parameter range has already been
established in the operating permit.
(B) Results of the initial measurements of the parameters approved
by the Administrator and any applicable supporting calculations.
(ii) For Item 3 in table 12 of this subpart, the owner or operator
shall submit the information on parameter ranges specified in
Sec. 63.152(b)(2) of this subpart for the parameters specified in Item 3
of table 12 of this subpart, unless the parameter range has already been
established in the operating permit.
(9) Except as provided in paragraph (b)(9)(iii) of this section, for
each waste management unit or treatment process used to comply with
Sec. 63.138(b)(1), (c)(1), (d), (e), (f), (g), or (h)(3) of this
subpart, the owner or operator shall submit the information specified in
either paragraph (b)(9)(i) or (b)(9)(ii) of this section.
(i) The design evaluation and supporting documentation specified in
Sec. 63.138(j)(1) of this subpart.
(ii) Results of the performance test specified in Sec. 63.138(j)(2)
of this subpart. Performance test results shall include operating ranges
of key process and control parameters during the performance test; the
value of each parameter being monitored in accordance with Sec. 63.143
of this subpart; and applicable supporting calculations.
(iii) If the owner or operator elects to use one of the technologies
specified in Sec. 63.138(h) of this subpart, the owner or operator is
exempt from the requirements specified in paragraphs (b)(9)(i) and
(b)(9)(ii) of this section.
(c) For each waste management unit that receives, manages, or treats
a Group 1 wastewater stream or residual removed from a Group 1
wastewater stream, the owner or operator shall submit as part of the
next Periodic Report required by Sec. 63.152(c) of this subpart the
results of each inspection required by Sec. 63.143(a) of this subpart in
which a control equipment failure was identified. Control equipment
failure is defined for each waste management unit in Secs. 63.133
through 63.137 of this subpart. Each Periodic Report shall include the
date of the inspection, identification of each waste management unit in
which a control equipment failure was detected, description of the
failure, and description of the nature of and date the repair was made.
(d) Except as provided in paragraph (f) of this section, for each
treatment process used to comply with Sec. 63.138(b)(1), (c)(1), or (e)
of this subpart, the owner or operator shall submit as part of the next
Periodic Report required by Sec. 63.152(c) the information specified in
paragraphs (d)(1), (d)(2), and (d)(3) of this section for the monitoring
required by Sec. 63.143(b) of this subpart.
(1) For Item 1 in table 12, the owner or operator shall submit the
results of measurements that indicate that the biological treatment unit
is outside the range established in the Notification of Compliance
Status or operating permit.
(2) For Item 2 in table 12, the owner or operator shall submit the
monitoring results for each operating day during which the daily average
value of a continuously monitored parameter is outside the range
established in the Notification of Compliance Status or operating
permit.
(3) For Item 3 in table 12 of this subpart, the owner or operator
shall submit the monitoring results for each operating day during which
the daily average value of any monitored parameter approved in
accordance with Sec. 63.151 (f) was outside the range established in the
Notification of Compliance Status or operating permit.
(e) Except as provided in paragraph (f) of this section, for each
control device used to comply with Secs. 63.133 through 63.139 of this
subpart, the owner or operator shall submit as part of the next Periodic
Report required by Sec. 63.152(c) of this subpart the information
specified in either paragraph (e)(1) or (e)(2) of this section.
(1) The information specified in table 20 of this subpart, or
(2) If the owner or operator elects to comply with Sec. 63.143(e)(2)
of this subpart, i.e., an organic monitoring device installed at the
outlet of the control device, the owner or operator shall submit the
monitoring results for each operating day during which the daily average
concentration level or reading is outside the range established in the
[[Page 233]]
Notification of Compliance Status or operating permit.
(f) Where the owner or operator obtains approval to use a treatment
process or control device other than one for which monitoring
requirements are specified in Sec. 63.143 of this subpart, or to monitor
parameters other than those specified in table 12 or 13 of this subpart,
the Administrator will specify appropriate reporting requirements.
(g) If an extension is utilized in accordance with Sec. 63.133(e)(2)
or Sec. 63.133(h) of this subpart, the owner or operator shall include
in the next periodic report the information specified in Sec. 63.133
(e)(2) or Sec. 63.133(h).
[62 FR 2774, Jan. 17, 1997]
Sec. 63.147 Process wastewater provisions--recordkeeping.
(a) The owner or operator transferring a Group 1 wastewater stream
or residual removed from a Group 1 wastewater stream in accordance with
Sec. 63.132(g) of this subpart shall keep a record of the notice sent to
the treatment operator stating that the wastewater stream or residual
contains organic hazardous air pollutants which are required to be
managed and treated in accordance with the provisions of this subpart.
(b) The owner or operator shall keep in a readily accessible
location the records specified in paragraphs (b)(1) through (b)(7) of
this section.
(1) A record that each waste management unit inspection required by
Secs. 63.133 through 63.137 of this subpart was performed.
(2) A record that each inspection for control devices required by
Sec. 63.139 of this subpart was performed.
(3) A record of the results of each seal gap measurement required by
Secs. 63.133(d) and 63.137(c) of this subpart. The records shall include
the date of the measurement, the raw data obtained in the measurement,
and the calculations described in Sec. 63.120(b)(2), (3), and (4) of
this subpart.
(4) For Item 1 and Item 2 of table 12 of this subpart, the owner or
operator shall keep the records approved by the Administrator.
(5) Except as provided in paragraphs (e) and (g) of this section,
continuous records of the monitored parameters specified in Item 3 of
table 12 and table 13 of this subpart, and in Sec. 63.143(e)(2) of this
subpart.
(6) Documentation of a decision to use an extension, as specified in
Sec. 63.133(e)(2) or (h) of this subpart, which shall include a
description of the failure, documentation that alternate storage
capacity is unavailable, and specification of a schedule of actions that
will ensure that the control equipment will be repaired or the vessel
will be emptied as soon as practical.
(7) Documentation of a decision to use a delay of repair due to
unavailability of parts, as specified in Sec. 63.140(c), shall include a
description of the failure, the reason additional time was necessary
(including a statement of why replacement parts were not kept on site
and when the manufacturer promised delivery), and the date when repair
was completed.
(c) For each boiler or process heater used to comply with
Secs. 63.133 through 63.139 of this subpart, the owner or operator shall
keep a record of any changes in the location at which the vent stream is
introduced into the flame zone as required in Sec. 63.139(c)(1) of this
subpart.
(d) The owner or operator shall keep records of the daily average
value of each continuously monitored parameter for each operating day as
specified in Sec. 63.152(f), except as provided in paragraphs (d)(1) and
(d)(2) of this section.
(1) For flares, records of the times and duration of all periods
during which the pilot flame is absent shall be kept rather than daily
averages.
(2) For carbon adsorbers, the owner or operator shall keep the
records specified in paragraphs (d)(2)(i) and (d)(2)(ii) of this section
instead of daily averages.
(i) Records of the total regeneration stream mass flow for each
carbon bed regeneration cycle.
(ii) Records of the temperature of the carbon bed after each
regeneration cycle.
(e) Where the owner or operator obtains approval to use a control
device other than one for which monitoring requirements are specified in
Sec. 63.143 of this subpart, or to monitor parameters other than those
specified in table 12 or
[[Page 234]]
table 13 of this subpart, the Administrator will specify appropriate
recordkeeping requirements.
(f) If the owner or operator uses process knowledge to determine the
annual average concentration of a wastewater stream as specified in
Sec. 63.144(b)(3) of this subpart and/or uses process knowledge to
determine the annual average flow rate as specified in Sec. 63.144(c)(1)
of this subpart, and determines that the wastewater stream is not a
Group 1 wastewater stream, the owner or operator shall keep in a readily
accessible location the documentation of how process knowledge was used
to determine the annual average concentration and/or the annual average
flow rate of the wastewater stream.
[62 FR 2775, Jan. 17, 1997]
Sec. 63.148 Leak inspection provisions.
(a) Except as provided in paragraph (k) of this section, for each
vapor collection system, closed-vent system, fixed roof, cover, or
enclosure required to comply with this section, the owner or operator
shall comply with the requirements of paragraphs (b) through (j) of this
section.
(b) Except as provided in paragraphs (g) and (h) of this section,
each vapor collection system and closed-vent system shall be inspected
according to the procedures and schedule specified in paragraphs (b)(1)
and (b)(2) of this section and each fixed roof, cover, and enclosure
shall be inspected according to the procedures and schedule specified in
paragraph (b)(3) of this section.
(1) If the vapor collection system or closed vent system is
constructed of hard-piping, the owner or operator shall:
(i) Conduct an initial inspection according to the procedures in
paragraph (c) of this section, and
(ii) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(2) If the vapor collection system or closed vent system is
constructed of ductwork, the owner or operator shall:
(i) Conduct an initial inspection according to the procedures in
paragraph (c) of this section, and
(ii) Conduct annual inspections according to the procedures in
paragraph (c) of this section.
(iii) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(3) For each fixed roof, cover, and enclosure, the owner or operator
shall:
(i) Conduct an initial inspection according to the procedures in
paragraph (c) of this section, and
(ii) Conduct semi-annual visual inspections for visible, audible, or
olfactory indications of leaks as specified in Sec. 63.133 through
Sec. 63.137 of this subpart.
(c) Each vapor collection system, closed vent system, fixed roof,
cover, and enclosure shall be inspected according to the procedures
specified in paragraphs (c)(1) through (c)(5) of this section.
(1) Inspections shall be conducted in accordance with Method 21 of
40 CFR part 60, appendix A.
(2)(i) Except as provided in paragraph (c)(2)(ii) of this section,
the detection instrument shall meet the performance criteria of Method
21 of 40 CFR part 60, appendix A, except the instrument response factor
criteria in section 3.1.2(a) of Method 21 shall be for the average
composition of the process fluid not each individual volatile organic
compound in the stream. For process streams that contain nitrogen, air,
or other inerts which are not organic hazardous air pollutants or
volatile organic compounds, the average stream response factor shall be
calculated on an inert-free basis.
(ii) If no instrument is available at the plant site that will meet
the performance criteria specified in paragraph (c)(2)(i) of this
section, the instrument readings may be adjusted by multiplying by the
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (c)(2)(i) of this section.
(3) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(4) Calibration gases shall be as follows:
(i) Zero air (less than 10 parts per million hydrocarbon in air);
and
(ii) Mixtures of methane in air at a concentration less than 10,000
parts per million. A calibration gas other than
[[Page 235]]
methane in air may be used if the instrument does not respond to methane
or if the instrument does not meet the performance criteria specified in
paragraph (b)(2)(i) of this section. In such cases, the calibration gas
may be a mixture of one or more of the compounds to be measured in air.
(5) An owner or operator may elect to adjust or not adjust
instrument readings for background. If an owner or operator elects to
not adjust readings for background, all such instrument readings shall
be compared directly to the applicable leak definition to determine
whether there is a leak. If an owner or operator elects to adjust
instrument readings for background, the owner or operator shall measure
background concentration using the procedures in Secs. 63.180(b) and (c)
of subpart H of this part. The owner or operator shall subtract
background reading from the maximum concentration indicated by the
instrument.
(6) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
with 500 parts per million for determining compliance.
(d) Leaks, as indicated by an instrument reading greater than 500
parts per million above background or by visual inspections, shall be
repaired as soon as practicable, except as provided in paragraph (e) of
this section.
(1) A first attempt at repair shall be made no later than 5 calendar
days after the leak is detected.
(2) Repair shall be completed no later than 15 calendar days after
the leak is detected, except as provided in paragraph (d)(3) of this
section.
(3) For leaks found in vapor collection systems used for transfer
operations, repairs shall be completed no later than 15 calendar days
after the leak is detected or at the beginning of the next transfer
loading operation, whichever is later.
(e) Delay of repair of a vapor collection system, closed vent
system, fixed roof, cover, or enclosure for which leaks have been
detected is allowed if the repair is technically infeasible without a
shutdown, as defined in Sec. 63.101 of subpart F of this part, or if the
owner or operator determines that emissions resulting from immediate
repair would be greater than the fugitive emissions likely to result
from delay of repair. Repair of such equipment shall be complete by the
end of the next shutdown.
(f) For each vapor collection system or closed vent system that
contains bypass lines that could divert a vent stream away from the
control device and to the atmosphere, the owner or operator shall comply
with the provisions of either paragraph (f)(1) or (f)(2) of this
section, except as provided in paragraph (f)(3) of this section.
(1) Install, calibrate, maintain, and operate a flow indicator that
determines whether vent stream flow is present at least once every 15
minutes. Records shall be generated as specified in Sec. 63.118(a)(3) of
this subpart. The flow indicator shall be installed at the entrance to
any bypass line; or
(2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the
seal or closure mechanism shall be performed at least once every month
to ensure the valve is maintained in the closed position and the vent
stream is not diverted through the bypass line.
(3) Equipment such as low leg drains, high point bleeds, analyzer
vents, open-ended valves or lines, and pressure relief valves needed for
safety purposes are not subject to this paragraph.
(g) Any parts of the vapor collection system, closed vent system,
fixed roof, cover, or enclosure that are designated, as described in
paragraph (i)(1) of this section, as unsafe to inspect are exempt from
the inspection requirements of paragraphs (b)(1), (b)(2), and (b)(3)(i)
of this section if:
(1) The owner or operator determines that the equipment is unsafe to
inspect because inspecting personnel would be exposed to an imminent or
potential danger as a consequence of complying with paragraphs (b)(1),
(b)(2), or (b)(3)(i) of this section; and
(2) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
(h) Any parts of the vapor collection system, closed vent system,
fixed roof, cover, or enclosure that are designated,
[[Page 236]]
as described in paragraph (i)(2) of this section, as difficult to
inspect are exempt from the inspection requirements of paragraphs
(b)(1), (b)(2), and (b)(3)(i) of this section if:
(1) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
above a support surface; and
(2) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years.
(i) The owner or operator shall record the information specified in
paragraphs (i)(1) through (i)(5) of this section.
(1) Identification of all parts of the vapor collection system,
closed vent system, fixed roof, cover, or enclosure that are designated
as unsafe to inspect, an explanation of why the equipment is unsafe to
inspect, and the plan for inspecting the equipment.
(2) Identification of all parts of the vapor collection system,
closed vent system, fixed roof, cover, or enclosure that are designated
as difficult to inspect, an explanation of why the equipment is
difficult to inspect, and the plan for inspecting the equipment.
(3) For each vapor collection system or closed vent system that
contains bypass lines that could divert a vent stream away from the
control device and to the atmosphere, the owner or operator shall keep a
record of the information specified in either paragraph (i)(3)(i) or
(i)(3)(ii) of this section.
(i) Hourly records of whether the flow indicator specified under
paragraph (f)(1) of this section was operating and whether a diversion
was detected at any time during the hour, as well as records of the
times of all periods when the vent stream is diverted from the control
device or the flow indicator is not operating.
(ii) Where a seal mechanism is used to comply with paragraph (f)(2)
of this section, hourly records of flow are not required. In such cases,
the owner or operator shall record whether the monthly visual inspection
of the seals or closure mechanisms has been done, and shall record the
occurrence of all periods when the seal mechanism is broken, the bypass
line valve position has changed, or the key for a lock-and-key type
configuration has been checked out, and records of any car-seal that has
broken.
(4) For each inspection during which a leak is detected, a record of
the information specified in paragraphs (i)(4)(i) through (i)(4)(viii)
of this section.
(i) The instrument identification numbers; operator name or
initials; and identification of the equipment.
(ii) The date the leak was detected and the date of the first
attempt to repair the leak.
(iii) Maximum instrument reading measured by the method specified in
paragraph (d) of this section after the leak is successfully repaired or
determined to be nonrepairable.
(iv) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak.
(v) The name, initials, or other form of identification of the owner
or operator (or designee) whose decision it was that repair could not be
effected without a shutdown.
(vi) The expected date of successful repair of the leak if a leak is
not repaired within 15 calendar days.
(vii) Dates of shutdowns that occur while the equipment is
unrepaired.
(viii) The date of successful repair of the leak.
(5) For each inspection conducted in accordance with paragraph (c)
of this section during which no leaks are detected, a record that the
inspection was performed, the date of the inspection, and a statement
that no leaks were detected.
(6) For each visual inspection conducted in accordance with
paragraph (b)(1)(ii) or (b)(3)(ii) of this section during which no leaks
are detected, a record that the inspection was performed, the date of
the inspection, and a statement that no leaks were detected.
(j) The owner or operator shall submit with the reports required by
Sec. 63.182(b) of subpart H of this part or with the reports required by
Sec. 63.152(c) of this subpart, the information specified in paragraphs
(j)(1) through (j)(3) of this section.
(1) The information specified in paragraph (i)(4) of this section;
(2) Reports of the times of all periods recorded under paragraph
(i)(3)(i) of
[[Page 237]]
this section when the vent stream is diverted from the control device
through a bypass line; and
(3) Reports of all periods recorded under paragraph (i)(3)(ii) of
this section in which the seal mechanism is broken, the bypass line
valve position has changed, or the key to unlock the bypass line valve
was checked out.
(k) If a closed-vent system subject to this section is also subject
to Sec. 63.172 of subpart H of this part, the owner or operator shall
comply with the provisions of Sec. 63.172 of subpart H of this part and
is exempt from the requirements of this section.
[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995;
62 FR 2775, Jan. 17, 1997]
Sec. 63.149 Control requirements for certain liquid streams in open systems within a chemical manufacturing process unit.
(a) The owner or operator shall comply with the provisions of table
35 of this subpart, for each item of equipment meeting all the criteria
specified in paragraphs (b) through (d) and either paragraph (e)(1) or
(e)(2) of this section.
(b) The item of equipment is of a type identified in table 35 of
this subpart;
(c) The item of equipment is part of a chemical manufacturing
process unit that meets the criteria of Sec. 63.100(b) of subpart F of
this part;
(d) The item of equipment is controlled less stringently than in
table 35 and is not listed in Sec. 63.100(f) of subpart F of this part,
and the item of equipment is not otherwise exempt from controls by the
provisions of subparts A, F, G, or H of this part; and
(e) The item of equipment:
(1) is a drain, drain hub, manhole, lift station, trench, pipe, or
oil/water separator that conveys water with a total annual average
concentration greater than or equal to 10,000 parts per million by
weight of Table 9 compounds at any flowrate; or a total annual average
concentration greater than or equal to 1,000 parts per million by weight
of Table 9 compounds at an annual average flow rate greater than or
equal to 10 liters per minute. At a chemical manufacturing process unit
subject to the new source requirements of 40 CFR 63.100(l)(1) or 40 CFR
63.100(l)(2), the criteria of this paragraph are also met if the item of
equipment conveys water with an annual average concentration greater
than or equal to 10 parts per million by weight of any Table 8 compound
at an annual average flow rate greater than or equal to 0.02 liter per
minute, or
(2) Is a tank that receives one or more streams that contain water
with a total annual average concentration greater than or equal to 1,000
ppm (by weight) of Table 9 compounds at an annual average flowrate
greater than or equal to 10 liters per minute. At a chemical
manufacturing process unit subject to the new source requirements of 40
CFR 63.100(l)(1) or 40 CFR 63.100 (l)(2), the criteria of this paragraph
are also met if the tank receives one or more streams that contain water
with an annual average concentration greater than or equal to 10 parts
per million by weight of any Table 8 compound at an annual average flow
rate greater than or equal to 0.02 liter per minute. The owner or
operator of the source shall determine the characteristics of the stream
as specified in paragraphs (e)(2) (i) and (ii) of this section.
(i) The characteristics of the stream being received shall be
determined at the inlet to the tank.
(ii) The characteristics shall be determined according to the
procedures in Sec. 63.144 (b) and (c).
[62 FR 2776, Jan. 17, 1997]
Sec. 63.150 Emissions averaging provisions.
(a) This section applies to owners or operators of existing sources
who seek to comply with the emission standard in Sec. 63.112(a) of this
subpart by using emissions averaging according to Sec. 63.112(f) of this
subpart rather than following the provisions of Secs. 63.113 through
63.148 of this subpart.
(b) Unless an operating permit application has been submitted, the
owner or operator shall develop and submit for approval an
Implementation Plan containing all of the information required in
Sec. 63.151(d) of this subpart for all points to be included in an
emissions average. The Implementation Plan or operating permit
application shall identify all emission points to be
[[Page 238]]
included in the emissions average. This must include any Group 1
emission points to which the reference control technology (defined in
Sec. 63.111 of this subpart) is not applied and all other emission
points being controlled as part of the average.
(c) The following emission points can be used to generate emissions
averaging credits, if control was applied after November 15, 1990 and if
sufficient information is available to determine the appropriate value
of credits for the emission point:
(1) Group 2 emission points.
(2) Group 1 emission points that are controlled by a technology that
the Administrator or permitting authority agrees has a higher nominal
efficiency than the reference control technology. Information on the
nominal efficiencies for such technologies must be submitted and
approved as provided in paragraph (i) of this section.
(3) Emission points from which emissions are reduced by pollution
prevention measures. Percent reductions for pollution prevention
measures shall be determined as specified in paragraph (j) of this
section.
(i) For a Group 1 emission point, the pollution prevention measure
must reduce emissions more than the reference control technology would
have had the reference control technology been applied to the emission
point instead of the pollution prevention measure except as provided in
paragraph (c)(3)(ii) of this section.
(ii) If a pollution prevention measure is used in conjunction with
other controls for a Group 1 emission point, the pollution prevention
measure alone does not have to reduce emissions more than the reference
control technology, but the combination of the pollution prevention
measure and other controls must reduce emissions more than the reference
control technology would have had it been applied instead.
(d) The following emission points cannot be used to generate
emissions averaging credits:
(1) Emission points already controlled on or before November 15,
1990, unless the level of control is increased after November 15, 1990,
in which case credit will be allowed only for the increase in control
after November 15, 1990.
(2) Group 1 emission points that are controlled by a reference
control technology, unless the reference control technology has been
approved for use in a different manner and a higher nominal efficiency
has been assigned according to the procedures in paragraph (i) of this
section. For example, it is not allowable to claim that an internal
floating roof meeting the specifications of Sec. 63.119(b) of this
subpart applied to a storage vessel is achieving greater than 95 percent
control.
(3) Emission points on shut-down process units. Process units that
are shut down cannot be used to generate credits or debits.
(4) Wastewater that is not process wastewater or wastewater streams
treated in biological treatment units. These two types of wastewater
cannot be used to generate credits or debits. For the purposes of this
section, the terms wastewater and wastewater stream are used to mean
process wastewater.
(5) Emission points controlled to comply with a State or Federal
rule other than this subpart, unless the level of control has been
increased after November 15, 1990 above what is required by the other
State or Federal rule. Only the control above what is required by the
other State or Federal rule will be credited. However, if an emission
point has been used to generate emissions averaging credit in an
approved emissions average, and the point is subsequently made subject
to a State or Federal rule other than this subpart, the point can
continue to generate emissions averaging credit for the purpose of
complying with the previously approved average.
(e) For all points included in an emissions average, the owner or
operator shall:
(1) Calculate and record monthly debits for all Group 1 emission
points that are controlled to a level less stringent than the reference
control technology for those emission points. Equations in paragraph (g)
of this section shall be used to calculate debits.
(2) Calculate and record monthly credits for all Group 1 or Group 2
emission points that are overcontrolled to
[[Page 239]]
compensate for the debits. Equations in paragraph (h) of this section
shall be used to calculate credits. Emission points and controls that
meet the criteria of paragraph (c) of this section may be included in
the credit calculation, whereas those described in paragraph (d) of this
section shall not be included.
(3) Demonstrate that annual credits calculated according to
paragraph (h) of this section are greater than or equal to debits
calculated for the same annual compliance period according to paragraph
(g) of this section.
(i) The owner or operator may choose to include more than the
required number of credit-generating emission points in an average in
order to increase the likelihood of being in compliance.
(ii) The initial demonstration in the Implementation Plan or
operating permit application that credit-generating emission points will
be capable of generating sufficient credits to offset the debits from
the debit-generating emission points must be made under representative
operating conditions. After the compliance date, actual operating data
will be used for all debit and credit calculations.
(4) Demonstrate that debits calculated for a quarterly (3-month)
period according to paragraph (g) of this section are not more than 1.30
times the credits for the same period calculated according to paragraph
(h) of this section. Compliance for the quarter shall be determined
based on the ratio of credits and debits from that quarter, with 30
percent more debits than credits allowed on a quarterly basis.
(5) Record and report quarterly and annual credits and debits in the
Periodic Reports as specified in Sec. 63.152(c) of this subpart. Every
fourth Periodic Report shall include a certification of compliance with
the emissions averaging provisions as required by
Sec. 63.152(c)(5)(iv)(B) of this subpart.
(f) Debits and credits shall be calculated in accordance with the
methods and procedures specified in paragraphs (g) and (h) of this
section, respectively, and shall not include emissions from the
following:
(1) More than 20 individual Group 1 or Group 2 emission points.
Where pollution prevention measures (as specified in paragraph (j)(1) of
this section) are used to control emission points to be included in an
emissions average, no more than 25 emission points may be included in
the average. For example, if two emission points to be included in an
emissions average are controlled by pollution prevention measures, the
average may include up to 22 emission points.
(2) Periods of start-up, shutdown, and malfunction as described in
the source's start-up, shutdown, and malfunction plan required by
Sec. 63.6(e)(3) of subpart A of this part.
(3) Periods of monitoring excursions as defined in
Sec. 63.152(c)(2)(ii)(A) of this subpart. For these periods, the
calculation of monthly credits and debits shall be adjusted as specified
in paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
(i) No credits would be assigned to the credit-generating emission
point.
(ii) Maximum debits would be assigned to the debit-generating
emission point.
(iii) The owner or operator may demonstrate to the Administrator
that full or partial credits or debits should be assigned using the
procedures in paragraph (l) of this section.
(g) Debits are generated by the difference between the actual
emissions from a Group 1 emission point that is uncontrolled or is
controlled to a level less stringent than the reference control
technology, and the emissions allowed for the Group 1 emission point.
Debits shall be calculated as follows:
(1) The overall equation for calculating source-wide debits is:
[[Page 240]]
[GRAPHIC] [TIFF OMITTED] TR22AP94.245
where:
Debits and all terms of the equation are in units of megagrams per
month, and
EPViACTUAL=Emissions from each Group 1 process vent i that
is uncontrolled or is controlled to a level less stringent than the
reference control technology. This is calculated according to paragraph
(g)(2) of this section.
(0.02) EPViu=Emissions from each Group 1 vent i if the
reference control technology had been applied to the uncontrolled
emissions, calculated according to paragraph (g)(2) of this section.
ESiACTUAL=Emissions from each Group 1 storage vessel i that
is uncontrolled or is controlled to a level less stringent than the
reference control technology. This is calculated according to paragraph
(g)(3) of this section.
(0.05) ESiu=Emissions from each Group 1 storage vessel i if
the reference control technology had been applied to the uncontrolled
emissions, calculated according to paragraph (g)(3) of this section.
ETRiACTUAL=Emissions from each Group 1 transfer rack i that
is uncontrolled or is controlled to a level less stringent than the
reference control technology. This is calculated according to paragraph
(g)(4) of this section.
(0.02) ETRiu=Emissions from each Group 1 transfer rack i if
the reference control technology had been applied to the uncontrolled
emissions, calculated according to paragraph (g)(4) of this section.
EWWiACTUAL=Emissions from each Group 1 wastewater stream i
that is uncontrolled or is controlled to a level less stringent than the
reference control technology. This is calculated according to paragraph
(g)(5) of this section.
EWWic=Emissions from each Group 1 wastewater stream i if the
reference control technology had been applied to the uncontrolled
emissions. This is calculated according to paragraph (g)(5) of this
section.
n=The number of emission points being included in the emissions average.
The value of n is not necessarily the same for process vents, storage
vessels, transfer racks, and wastewater.
(2) Emissions from process vents shall be calculated as follows:
(i) For purposes of determining process vent stream flow rate,
organic HAP concentrations, and temperature, the sampling site shall be
after the final product recovery device, if any recovery devices are
present; before any control device (for process vents, recovery devices
shall not be considered control devices); and before discharge to the
atmosphere. Method 1 or 1A of part 60, appendix A, shall be used for
selection of the sampling site.
(ii) The following equation shall be used for each process vent i to
calculate EPViu:
[GRAPHIC] [TIFF OMITTED] TR22AP94.246
where:
[[Page 241]]
EPViu=Uncontrolled process vent emission rate from process
vent i, megagrams per month.
Q=Vent stream flow rate, dry standard cubic meters per minute, measured
using Method 2, 2A, 2C, or 2D of part 60, appendix A, as appropriate.
h=Monthly hours of operation during which positive flow is present in
the vent, hours per month.
Cj=Concentration, parts per million by volume, dry basis, of organic HAP
j as measured by Method 18 of part 60, appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP's.
(A) The values of Q, Cj, and Mj shall be
determined during a performance test conducted under representative
operating conditions. The values of Q, Cj, and Mj
shall be established in the Notification of Compliance Status and must
be updated as provided in paragraph (g)(2)(ii)(B) of this section.
(B) If there is a change in capacity utilization other than a change
in monthly operating hours, or if any other change is made to the
process or product recovery equipment or operation such that the
previously measured values of Q, Cj, and Mj are no
longer representative, a new performance test shall be conducted to
determine new representative values of Q, Cj, and
Mj. These new values shall be used to calculate debits and
credits from the time of the change forward, and the new values shall be
reported in the next Periodic Report.
(iii) The following procedures and equations shall be used to
calculate EPViACTUAL:
(A) If the vent is not controlled by a control device or pollution
prevention measure, EPViACTUAL = EPViu, where
EPViu is calculated according to the procedures in paragraphs
(g)(2)(i) and (g)(2)(ii) of this section.
(B) If the vent is controlled using a control device or a pollution
prevention measure achieving less than 98-percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.247
(1) The percent reduction shall be measured according to the
procedures in Sec. 63.116 of this subpart if a combustion control device
is used. For a flare meeting the criteria in Sec. 63.116(a) of this
subpart, or a boiler or process heater meeting the criteria in
Sec. 63.116(b) of this subpart, the percent reduction shall be 98
percent. If a non-combustion control device is used, percent reduction
shall be demonstrated by a performance test at the inlet and outlet of
the device, or, if testing is not feasible, by a control design
evaluation and documented engineering calculations.
(2) For determining debits from Group 1 process vents, product
recovery devices shall not be considered control devices and cannot be
assigned a percent reduction in calculating EPViACTUAL. The
sampling site for measurement of uncontrolled emissions is after the
final product recovery device. However, as provided in Sec. 63.113(a)(3)
of this subpart, a Group 1 process vent may add sufficient product
recovery to raise the TRE index value above 1.0, thereby becoming a
Group 2 process vent.
(3) Procedures for calculating the percent reduction of pollution
prevention measures are specified in paragraph (j) of this section.
(3) Emissions from storage vessels shall be calculated as follows:
(i) The following equation shall be used for each storage vessel i
to calculate ESiu:
[GRAPHIC] [TIFF OMITTED] TR22AP94.248
where:
ESiu=Uncontrolled emissions, defined as emissions from a
fixed roof vessel having identical dimensions and
[[Page 242]]
vessel color as vessel i, megagrams per month.
LB=Breathing loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(i)(A) of this section.
LW=Working loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(i)(B) of this section.
12=Constant, months per year.
(A) Breathing loss emissions shall be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.249
where:
Mv=Molecular weight of vapor in storage vessel, pound per
pound-mole.
PA=Average atmospheric pressure, pounds per square inch
absolute.
P=True vapor pressure of the HAP at liquid storage temperature, pounds
per square inch absolute. See table 21 of this subpart.
D = Tank diameter, feet.
H=Average vapor space height, feet. Use vessel-specific values or an
assumed value of one-half the height.
T=Average ambient diurnal temperature change, deg.F. A typical
value of 20 deg.F may be used.
Fp=Paint factor, dimensionless, from table 22 of this
subpart; use Fp=1 for vessels located indoors.
C=Adjustment factor for small diameter tanks, dimensionless; use C=1 for
diameter 30 feet; use C = 0.0771D - 0.0013D2 -
0.1334 for diameter <30 feet.
KC=Product factor, dimensionless. Use 1.0 for organic HAP's.
(B) Working losses shall be calculated using the following equation:
LW=1.089 x 10-8 Mv (P)(V)(N)
(KN) (KC)
where:
V=Tank capacity, gallon.
N=Number of turnovers per year.
KN=Turnover factor, dimensionless, and
[GRAPHIC] [TIFF OMITTED] TR22AP94.250
Mv, P, and KC as defined in paragraph (g)(3)(i)(A)
of this section.
(C) The owner or operator may elect to calculate ESiu in
accordance with the methods described in American Petroleum Institute
Publication 2518, Evaporative Loss from Fixed-Roof Tanks (incorporated
by reference as specified in Sec. 63.14 of this part).
(1) The owner or operator who elects to use these alternative
methods must use them for all storage vessels included in the emissions
average as debit or credit generating points.
(2) The equations of paragraphs (g)(3)(i)(A) and (g)(3)(i)(B) of
this section shall not be used in conjunction with the alternative
methods provided under paragraph (g)(3)(i)(C) of this section.
(ii) The following procedures and equations shall be used for each
fixed roof storage vessel i that is not controlled with a floating roof
to calculate ESiACTUAL:
(A) If the vessel is not controlled, ESiACTUAL =
ESiu, where ESiu is calculated according to the
procedures in paragraph (g)(3)(i) of this section.
(B) Except as provided in paragraph (g)(3)(ii)(C) of this section,
if the vessel is controlled using a control device or pollution
prevention measure achieving less than 95-percent reduction,
[[Page 243]]
[GRAPHIC] [TIFF OMITTED] TR22AP94.251
(1) The percent reduction for a control device shall be determined
through a design evaluation according to the procedures specified in
Sec. 63.120(d) of this subpart.
(2) Procedures for calculating the percent reduction for pollution
prevention measures are specified in paragraph (j) of this section.
(C) If the vessel is controlled according to the provisions of
Sec. 63.119(e)(2) of this section whereby the control device is only
required to achieve at least 90-percent reduction, the vessel shall not
be considered to be generating debits.
(iii) The following equation shall be used for each internal
floating roof vessel i that does not meet the specifications of
Sec. 63.119(b) or (d) of this subpart to calculate ESiACTUAL:
[GRAPHIC] [TIFF OMITTED] TR22AP94.252
where:
LW=Withdrawal loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(iii)(A) of this section.
LR=Rim seal loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(iii)(B) of this section.
LF=Fitting loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(iii)(C) of this section.
LD=Deck seam loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(iii)(D) of this section.
12=Constant, months per year.
(A) Withdrawal loss emissions shall be calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.253
where:
Q=Throughput, gallon per year; (gallon/turnover) * (turnovers per year).
C=Shell clingage factor, barrel per 1,000 square foot, see table 23 of
this subpart.
WL=Average liquid density, pound per gallon.
D=Tank diameter, feet.
Nc=Number of columns, dimensionless, see table 24 of this
subpart.
Fc=Effective column diameter, feet [column perimeter
(feet)3.1416], see table 25 of this subpart.
(B) Rim seal loss emissions shall be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.254
where:
Mv=Molecular weight of vapor in storage vessel, pound per
pound-mole.
D=Tank diameter, feet.
Kc=Product factor, dimensionless; use 1.0 for organic HAP's.
Ks=Seal factor, pound-mole per [foot (miles per
hour)n year], see table 26 of this subpart.
V=Average wind speed at the source, miles per hour. A value of 10 miles
per hour may be assumed if source-specific data are not available.
n=Seal related wind speed exponent, dimensionless, see table 26 of this
subpart.
2,205=Constant, pounds per megagram.
P*=Vapor pressure function, dimensionless, and
[GRAPHIC] [TIFF OMITTED] TR22AP94.255
where:
PA=Average atmospheric pressure, pounds per square inch
absolute.
[[Page 244]]
P=True vapor pressure at liquid storage temperature, pounds per square
inch absolute.
(C) Fitting loss emissions shall be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.256
where:
Ff=The total deck fitting loss factor, pound-mole per year,
and
where:
[GRAPHIC] [TIFF OMITTED] TR22AP94.257
NFi=Number of fittings of a particular type, dimensionless.
NFi is determined for the specific tank or estimated from
tables 24 and 27 of this subpart.
KFi=Deck fitting loss factor for a particular type fitting,
pound-mole per year. KFi is determined for each fitting type
from table 27 of this subpart.
n=Number of different types of fittings, dimensionless.
P*, Mv, Kc, and 2,205 as defined in paragraph
(g)(3)(iii)(B) of this section.
(D) Deck seam loss emissions shall be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.258
where:
KD=Deck seam loss factor, pound-mole per foot per year, and
KD=0.34 for non-welded decks.
KD=0 for welded decks.
SD=Deck seam length factor, feet per square foot, see table
28 of this subpart.
D, P*, Mv, Kc, and 2,205 as defined in paragraph
(g)(3)(iii)(B) of this section.
(iv) The following equation shall be used for each external floating
roof vessel i that does not meet the specifications of Sec. 63.119(c) of
this subpart to calculate ESiACTUAL:
[GRAPHIC] [TIFF OMITTED] TR22AP94.259
where:
LW=Withdrawal loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(iv)(A) of this section.
LR=Rim seal loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(iv)(B) of this section.
LF=Fitting loss emissions, megagrams per year, calculated
according to paragraph (g)(3)(iv)(C) of this section.
12=Constant, months per year.
(A) Withdrawal loss emissions shall be calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.260
where:
Q=Throughput, gallons per year.
C=Shell clingage factor, barrel per 1,000 square foot, see table 23 of
this subpart.
WL=Average liquid density, pound per gallon.
D=Vessel diameter, feet.
(B) Rim seal loss emissions shall be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.261
where:
Ks=Seal factor, pound-mole per [foot (miles per
hour)N year], see table 29 of this subpart.
[[Page 245]]
V=Average wind speed, miles per hour, at the source. A value of 10 miles
per hour may be assumed if source-specific data are not available.
N=Seal wind speed exponent, dimensionless, see table 29 of this subpart.
P*=Vapor pressure function, dimensionless, as defined in paragraph
(g)(3)(iii)(B) of this section.
D=Vessel diameter, feet.
MV=Molecular weight of the HAP, pound per pound-mole.
Kc=Product factor, dimensionless; use 1.0 for organic HAP's.
2,205=Constant, pounds per megagram.
(C) Fitting loss emissions shall be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.262
where:
FF=The total deck fitting loss factor, pound-mole per year,
and
[GRAPHIC] [TIFF OMITTED] TR22AP94.263
where:
NFi=Number of fittings of a particular type, dimensionless.
NFi is determined for the specific tank or estimated from
tables 30 through 32 of this subpart.
KFi=Deck fitting loss factor for a particular type fitting,
pound-mole per year, and
KFi=KFai+KFbi Vmi, pound-
mole per year, see table 30 of this subpart for the appropriate values
of KFa, KFb, and m for each fitting type.
V, P*, Mv, Kc, and 2,205 as defined in paragraph
(g)(3)(iv)(B) of this section.
(4) Emissions from transfer racks shall be calculated as follows:
(i) The following equation shall be used for each transfer rack i to
calculate ETRiu:
[GRAPHIC] [TIFF OMITTED] TR22AP94.264
where:
ETRiu=Uncontrolled transfer HAP emission rate from transfer
rack i, megagrams per month.
S=Saturation factor, dimensionless (see table 33 of this subpart).
P=Weighted average rack partial pressure of organic HAP's transferred at
the rack during the month, kilopascals.
M = Weighted average molecular weight of organic HAP's transferred at
the transfer rack during the month, gram per gram-mole.
G = Monthly volume of organic HAP's transferred, liters per month.
T = Weighted rack bulk liquid loading temperature during the month,
Kelvin ( deg.C + 273).
(ii) The following equation shall be used for each transfer rack i
to calculate the weighted average rack partial pressure:
[GRAPHIC] [TIFF OMITTED] TR22AP94.265
where:
Pj = Maximum true vapor pressure of individual organic HAP
transferred at the rack, kilopascals.
G = Monthly volume of organic HAP transferred, liters per month, and
[GRAPHIC] [TIFF OMITTED] TR22AP94.266
Gj = Monthly volume of individual organic HAP transferred at
the transfer rack, liters per month.
n = Number of organic HAP's transferred at the transfer rack.
[[Page 246]]
(iii) The following equation shall be used for each transfer rack i
to calculate the weighted average rack molecular weight:
[GRAPHIC] [TIFF OMITTED] TR22AP94.267
where:
Mj = Molecular weight of individual organic HAP transferred
at the rack, gram per gram-mole.
G, Gj, and n as defined in paragraph (g)(4)(ii) of this
section.
(iv) The following equation shall be used for each transfer rack i
to calculate the monthly weighted rack bulk liquid loading temperature:
[GRAPHIC] [TIFF OMITTED] TR22AP94.268
where:
Tj = Average annual bulk temperature of individual organic
HAP loaded at the transfer rack, Kelvin ( deg.C + 273).
G, Gj, and n as defined in paragraph (g)(4)(ii) of this
section.
(v) The following procedures and equations shall be used to
calculate ETRiACTUAL:
(A) If the transfer rack is not controlled, ETRiACTUAL =
ETRiu, where ETRiu is calculated using the
equations specified in paragraphs (g)(4)(i) through (g)(4)(iv) of this
section.
(B) If the transfer rack is controlled using a control device or a
pollution prevention measure achieving less than the 98-percent
reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.269
(1) The percent reduction for a control device shall be measured
according to the procedures and test methods specified in Sec. 63.128(a)
of this subpart. For a flare meeting the criteria in Sec. 63.128(b) of
this subpart or a boiler or process heater meeting the criteria in
Sec. 63.128(c) of this subpart, the percent reduction shall be 98
percent. If testing is not feasible, percent reduction shall be
determined through a design evaluation according to the procedures
specified in Sec. 63.128(h) of this subpart.
(2) Procedures for calculating the percent reduction for pollution
prevention measures are specified in paragraph (j) of this section.
(5) Emissions from wastewater shall be calculated as follows:
(i) The following equation shall be used for each wastewater stream
i to calculate EWWic:
[[Page 247]]
[GRAPHIC] [TIFF OMITTED] TR12DE95.008
Where:
EWWic = Monthly wastewater stream emission rate if wastewater
stream i is controlled by the reference control technology, megagrams
per month.
Qi = Average flow rate for wastewater stream i, as determined
by the procedure in Sec. 63.144(c)(3), liters per minute.
Hi = Number of hours during the month that wastewater stream
i was generated, hours per month.
s = Total number of organic HAP in wastewater stream i.
Frm = Fraction removed of organic HAP m in wastewater, from
table 9 of this subpart, dimensionless.
Fem = Fraction emitted of organic HAP m in wastewater, from
table 34 of this subpart, dimensionless.
HAPim = Average concentration of organic HAP m in wastewater
stream i, parts per million by weight.
(A) HAPim shall be determined for the point of generation
or at a location downstream of the point of generation using the
sampling procedure in Sec. 63.144(b)(5)(i)(C) of this subpart. The
samples collected may be analyzed by either of the following procedures:
(1) A test method or results from a test method that measures
organic HAP concentrations in the wastewater, and that has been
validated pursuant to section 5.1 or 5.3 of Method 301 of appendix A of
this part may be used; or
(2) Method 305 of appendix A of this part may be used to determine
Cim, the average VOHAP concentration of organic HAP m in
wastewater stream i, and then HAPim may be calculated using
the following equation:
HAPim = Cim/Fmm,
where Fmm for organic HAP m is obtained from table 34 of this
subpart.
(B) Values for Qi, HAPim, and Cim
shall be determined during a performance test conducted under
representative conditions. The average value obtained from three test
runs shall be used. The values of Qi, HAPim, and
Cim shall be established in the Notification of Compliance
Status and must be updated as provided in paragraph (g)(5)(i)(C) of this
section.
(C) If there is a change to the process or operation such that the
previously measured values of Qi, HAPim, and
Cim are no longer representative, a new performance test
shall be conducted to determine new representative values of
Qi, HAPim, and Cim. These new values
shall be used to calculate debits and credits from the time of the
change forward, and the new values shall be reported in the next
Periodic Report.
(ii) The following equation shall be used to calculate
EWWiACTUAL for each wastewater stream i that is not managed
according to the provisions for waste management units of Secs. 63.133
through 63.137 or Sec. 63.138(i)(3) of this subpart, as applicable,
which specify equipment and work practices for suppressing and
controlling vapors.
[GRAPHIC] [TIFF OMITTED] TR22AP94.271
where:
EWWiACTUAL=Monthly wastewater stream emission rate if
wastewater stream i is uncontrolled or is controlled to a level less
stringent than the reference control technology, megagrams per month.
Qi, Hi, s, Fem, and HAPim
are as defined and determined according to paragraph (g)(5)(i) of this
section.
[[Page 248]]
(iii) The following equation shall be used to calculate
EWWiACTUAL for each wastewater stream i that is managed
according to the requirements of Secs. 63.133 through 63.137 or
Sec. 63.138(i)(3) of this subpart, as applicable, and wastewater stream
i is uncontrolled or is controlled to a level less stringent than the
reference control technology (for the purposes of the wastewater
emissions averaging provisions, the term control is used to mean
treatment):
[GRAPHIC] [TIFF OMITTED] TR22AP94.272
where:
EWWiACTUAL=Monthly wastewater stream emission rate if
wastewater stream i is uncontrolled or is controlled to a level less
stringent than the reference control technology, megagrams per month.
PRim=The efficiency of the treatment process, or series of
treatment processes, which treat wastewater stream i, in reducing the
emission potential of organic HAP m in wastewater, dimensionless, as
calculated by:
[GRAPHIC] [TIFF OMITTED] TR22AP94.273
where:
HAPim-in=Average concentration of organic HAP m, parts per
million by weight, as defined and determined according to paragraph
(g)(5)(i) of this section, in the wastewater entering the first
treatment process in the series.
HAPim-out=Average concentration of organic HAP m, parts per
million by weight, as defined and determined according to paragraph
(g)(5)(i) of this section, in the wastewater exiting the last treatment
process in the series.
Ri=Reduction efficiency of the device used to control any
vapor streams emitted and collected from wastewater stream i during
treatment, dimensionless, as determined according to the procedures in
Sec. 63.145(e) of this subpart.
Qi, Hi, s, Fem, and HAPim
are as defined and determined according to paragraph (g)(5)(i) of this
section.
(h) Credits are generated by the difference between emissions that
are allowed for each Group 1 and Group 2 emission point and the actual
emissions from a Group 1 or Group 2 emission point that has been
controlled after November 15, 1990 to a level more stringent than what
is required by this subpart or any other State or Federal rule or
statute. Credits shall be calculated as follows:
(1) The overall equation for calculating source-wide credits is:
[[Page 249]]
[GRAPHIC] [TIFF OMITTED] TR22AP94.550
where: Credits and all terms of the equation are in units of megagrams
per month, the baseline date is November 15, 1990, and:
D=Discount factor=0.9 for all credit generating emission points except
those controlled by a pollution prevention measure, which will not be
discounted.
EPV1iACTUAL=Emissions for each Group 1 process vent i that is
controlled to a level more stringent than the reference control
technology, calculated according to paragraph (h)(2) of this section.
(0.02) EPV1iu=Emissions from each Group 1 process vent i if
the reference control technology had been applied to the uncontrolled
emissions. EPV1iu is calculated according to paragraph (h)(2)
of this section.
EPV2iACTUAL=Emissions from each Group 2 process vent i that
is controlled, calculated according to paragraph (h)(2) of this section.
EPV2iBASE=Emissions from each Group 2 process vent i at the
baseline date, as calculated in paragraph (h)(2) of this section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that
is controlled to a level more stringent than the reference control
technology, calculated according to paragraph (h)(3) of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if
the reference control technology had been applied to the uncontrolled
emissions. ES1iu is calculated according to paragraph (h)(3)
of this section.
ES2iACTUAL=Emissions from each Group 2 storage vessel i that
is controlled, calculated according to paragraph (h)(3) of this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the
baseline date, as calculated in paragraph (h)(3) of this section.
ETR1iACTUAL=Emissions from each Group 1 transfer rack i that
is controlled to a level more stringent than the reference control
technology, calculated according to paragraph (h)(4) of this section.
(0.02) ETR1iu=Emissions from each Group 1 transfer rack i if
the reference control technology had been applied to the uncontrolled
emissions. ETR1iu is calculated according to paragraph (h)(4)
of this section.
ETR2iACTUAL=Emissions from each Group 2 transfer rack i that
are controlled, calculated according to paragraph (h)(4) of this
section.
ETR2iBASE=Emissions from each Group 2 transfer rack i at the
baseline date, as calculated in paragraph (h)(4) of this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream i
that is controlled to a level more stringent than the reference control
technology, calculated according to paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if
the reference control technology had been applied to the uncontrolled
emissions, calculated according to paragraph (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i
that is controlled, calculated according to paragraph (h)(5) of this
section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i
at the baseline date, calculated according to paragraph (h)(5) of this
section.
[[Page 250]]
n = Number of Group 1 emission points included in the emissions average.
The value of n is not necessarily the same for process vents, storage
vessels, transfer racks, and wastewater.
m = Number of Group 2 emission points included in the emissions average.
The value of m is not necessarily the same for process vents, storage
vessels, transfer racks, and wastewater.
(i) For an emission point controlled using a reference control
technology, the percent reduction for calculating credits shall be no
greater than the nominal efficiency associated with the reference
control technology, unless a higher nominal efficiency is assigned as
specified in paragraph (h)(1)(ii) of this section.
(ii) For an emission point controlled to a level more stringent than
the reference control technology, the nominal efficiency for calculating
credits shall be assigned as described in paragraph (i) of this section.
A reference control technology may be approved for use in a different
manner and assigned a higher nominal efficiency according to the
procedures in paragraph (i) of this section.
(iii) For an emission point controlled using a pollution prevention
measure, the nominal efficiency for calculating credits shall be as
determined as described in paragraph (j) of this section.
(2) Emissions from process vents shall be determined as follows:
(i) Uncontrolled emissions from Group 1 process vents,
EPV1iu, shall be calculated according to the procedures and
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of
this section.
(ii) Actual emissions from Group 1 process vents controlled using a
technology with an approved nominal efficiency greater than 98 percent
or a pollution prevention measure achieving greater than 98 percent
emission reduction, EPV1iACTUAL, shall be calculated
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.275
(iii) The following procedures shall be used to calculate actual
emissions from Group 2 process vents, EPV2iACTUAL:
(A) For a Group 2 process vent controlled by a control device, a
recovery device applied as a pollution prevention project, or a
pollution prevention measure, if the control achieves a percent
reduction less than or equal to 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.276
(1) EPV2iu shall be calculated according to the equations
and procedures for EPViu in paragraphs (g)(2)(i) and
(g)(2)(ii) of this section, except as provided in paragraph
(h)(2)(iii)(A)(3) of this section.
(2) The percent reduction shall be calculated according to the
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of
this section, except as provided in paragraph (h)(2)(iii)(A)(4) of this
section.
(3) If a recovery device was added as part of a pollution prevention
project, EPV2iu shall be calculated prior to that recovery
device. The equation for EPViu in paragraph (g)(2)(ii) of
this section shall be used to calculate EPV2iu; however, the
sampling site for measurement of vent stream flow rate and
[[Page 251]]
organic HAP concentration shall be at the inlet of the recovery device.
(4) If a recovery device was added as part of a pollution prevention
project, the percent reduction shall be demonstrated by conducting a
performance test at the inlet and outlet of that recovery device.
(B) For a Group 2 process vent controlled using a technology with an
approved nominal efficiency greater than 98 percent or a pollution
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.277
(iv) Emissions from Group 2 process vents at baseline,
EPV2iBASE, shall be calculated as follows:
(A) If the process vent was uncontrolled on November 15, 1990,
EPV2iBASE=EPV2iu and shall be calculated according
to the procedures and equation for EPViu in paragraphs
(g)(2)(i) and (g)(2)(ii) of this section.
(B) If the process vent was controlled on November 15, 1990,
[GRAPHIC] [TIFF OMITTED] TR22AP94.278
where EPV2iu is calculated according to the procedures and
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of
this section. The percent reduction shall be calculated according to the
procedures specified in paragraphs (g)(2)(iii)(B)(1) through
(g)(2)(iii)(B)(3) of this section.
(C) If a recovery device was added to a process vent as part of a
pollution prevention project initiated after November 15, 1990,
EPV2iBASE=EPV2iu, where EPV2iu is
calculated according to paragraph (h)(2)(iii)(A)(3) of this section.
(3) Emissions from storage vessels shall be determined as follows:
(i) Uncontrolled emissions from Group 1 storage vessels,
ES1iu, shall be calculated according to the equations and
procedures for ESiu in paragraph (g)(3)(i) of this section.
(ii) Actual emissions from Group 1 storage vessels controlled using
a technology with an approved nominal efficiency greater than 95 percent
or a pollution prevention measure achieving greater than 95 percent
emission reduction, ES1iACTUAL, shall be calculated according
to the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.279
(iii) The following procedures shall be used to calculate actual
emissions from Group 2 storage vessels, ES2iACTUAL:
(A) For a Group 2 storage vessel controlled using a control device
or a pollution prevention measure (other than an internal or external
floating roof) achieving a percent reduction less than or equal to 95-
percent reduction,
[[Page 252]]
[GRAPHIC] [TIFF OMITTED] TR22AP94.280
(1) ES2iu is calculated according to the equations and
procedures for ESiu in paragraph (g)(3)(i) of this section.
(2) The percent reduction shall be calculated according to the
procedures in paragraphs (g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this
section.
(3) If an internal or external floating roof meeting the
specifications of Sec. 63.119 (b), (c), or (d) of this subpart is used
to control the vessel, the percent reduction shall be 95 percent.
(B) If a Group 2 storage vessel is controlled with an internal or
external floating roof not meeting the specifications of Sec. 63.119
(b), (c), or (d) of this subpart, ES2iACTUAL shall be
calculated as specified for ESiACTUAL in paragraph
(g)(3)(iii) or (g)(3)(iv) of this section.
(C) For a Group 2 storage vessel controlled using a technology with
an approved nominal efficiency greater than 95 percent or a pollution
prevention measure achieving greater than 95 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.281
(iv) Emissions from Group 2 storage vessels at baseline,
ES2iBASE, shall be calculated as follows:
(A) If the fixed-roof vessel was uncontrolled on November 15, 1990,
ES2iBASE=ES2iu and shall be calculated according
to the procedures and equations for ESiu in paragraph
(g)(3)(i) of this section.
(B) If the storage vessel was controlled on November 15, 1990:
(1) The equations for ESiACTUAL in paragraph (g)(3)(iii)
of this section shall be used to calculate ES2iBASE for
vessels controlled with an internal floating roof that does not meet the
specifications of Sec. 63.119 (b) or (d) of this subpart.
(2) The equations for ESiACTUAL in paragraph (g)(3)(iv)
of this section shall be used to calculate ES2iBASE for
vessels controlled with an external floating roof that does not meet the
specifications of Sec. 63.119(c) of this subpart.
(3) The following equations shall be used to calculate
ES2iBASE for vessels controlled with a control device,
[GRAPHIC] [TIFF OMITTED] TR22AP94.282
where ES2iu shall be calculated according to the equations
for ESiu in paragraph (g)(3)(i) of this section. The percent
reduction shall be calculated according to the procedures in paragraphs
(g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this section.
(4) Emissions from transfer racks shall be determined as follows:
(i) Uncontrolled emissions from Group 1 transfer racks,
ETR1iu, shall be calculated according to the procedures and
equations for ETRiu as described in paragraphs (g)(4)(i)
through (g)(4)(iv) of this section.
[[Page 253]]
(ii) Actual emissions from Group 1 transfer racks controlled using a
technology with an approved nominal efficiency greater than 98 percent
or a pollution prevention measure achieving greater than 98 percent
emission reduction, ETRiACTUAL, shall be calculated according
to the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.283
(iii) The following procedures shall be used to calculate actual
emissions from Group 2 transfer racks, ETR2iACTUAL:
(A) For a Group 2 transfer rack controlled by a control device or a
pollution prevention measure achieving a percent reduction less than or
equal to 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.284
(1) ETR2iu shall be calculated according to the equations
and procedures for ETRiu in paragraphs (g)(4)(i) through
(g)(4)(iv) of this section.
(2) The percent reduction shall be calculated according to the
procedures in paragraph (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this
section.
(B) For a Group 2 transfer rack controlled using a technology with
an approved nominal efficiency greater than 98 percent or a pollution
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.285
(iv) Emissions from Group 2 transfer racks at baseline,
ETR2iBASE, shall be calculated as follows:
(A) If the transfer rack was uncontrolled on November 15, 1990,
ETR2iBASE=ETR2iu and shall be calculated according
to the procedures and equations for ETRiu in paragraphs
(g)(4)(i) through (g)(4)(iv) of this section.
(B) If the transfer rack was controlled on November 15, 1990,
[GRAPHIC] [TIFF OMITTED] TR22AP94.286
where ETR2iu is calculated according to the procedures and
equations for ETRiu in paragraphs (g)(4)(i) through
(g)(4)(iv) of this section. Percent reduction shall be calculated
according to the procedures in paragraphs (g)(4)(v)(B)(1) and
(g)(4)(v)(B)(2) of this section.
[[Page 254]]
(5) Emissions from wastewater shall be determined as follows:
(i) EWW1ic shall be calculated according to the equation
for EWWic in paragraph (g)(5)(i) of this section.
(ii) EWW2iBASE shall be calculated according to the
equation for EWWiACTUAL in paragraph (g)(5)(ii) of this
section for each Group 2 wastewater stream i, which, on November 15,
1990, was not managed according to the requirements of Secs. 63.133
through 63.137 or Sec. 63.138(i)(3) of this subpart, as applicable.
(iii) EWW2iBASE shall be calculated according to the
equation for EWWiACTUAL in paragraph (g)(5)(iii) of this
section for each Group 2 wastewater stream i, which, on November 15,
1990, was managed according to the requirements of Secs. 63.133 through
63.137 or Sec. 63.138(i)(3) of this subpart, as applicable, and was
uncontrolled or controlled to a level less stringent than the reference
control technology.
(iv) For Group 2 wastewater streams that are managed according to
the requirements of Secs. 63.133 through 63.137 or Sec. 63.138(i)(3) of
this subpart, as applicable, EWW2iACTUAL shall be calculated
as follows:
(A) EWW2iACTUAL shall be calculated according to the
equation for EWWiACTUAL in paragraph (g)(5)(iii) of this
section for each Group 2 wastewater stream i that is controlled to a
level less stringent than, or equivalent to, the reference control
technology.
(B) EWW2iACTUAL shall be calculated according to the
procedures for calculating EWW1iACTUAL in paragraph (h)(5)(v)
of this section for each Group 2 wastewater stream that is controlled to
a level more stringent than the reference control technology.
(v) The following equations for EWW1iACTUAL shall be used
to calculate emissions from each Group 1 wastewater stream i that is
managed according to the requirements of Secs. 63.133 through 63.137 or
Sec. 63.138(i)(3) of this subpart, as applicable, and is controlled to a
level more stringent than the reference control technology.
(A) If the Group 1 wastewater stream i is controlled using a
treatment process or series of treatment processes with an approved
nominal reduction efficiency in the total VOHAP concentration of stream
i greater than that of the design steam stripper specified in
Sec. 63.138(g) of this subpart, and the control device used to reduce
organic HAP emissions from the vapor stream(s) vented from the treatment
process(es) achieves a percent reduction equal to 95 percent, the
following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR22AP94.288
where all terms are as defined and determined in paragraph (g)(5) of
this section.
(B) If the Group 1 wastewater stream i is not controlled using a
treatment process or series of treatment processes with a nominal
reduction efficiency in the total VOHAP concentration greater than that
of the design steam stripper specified in Sec. 63.138(g) of this
subpart, but the vapor stream(s) vented from the treatment process(es)
are controlled using a device with an approved nominal efficiency
greater than 95 percent, the following equation shall be used:
[[Page 255]]
[GRAPHIC] [TIFF OMITTED] TR22AP94.287
where all terms other than nominal efficiency are as defined and
determined in paragraph (g)(5) of this section.
(C) If the Group 1 wastewater stream i is controlled using a
treatment process or series of treatment processes with an approved
nominal reduction efficiency in the total VOHAP concentration greater
than that of the design steam stripper specified in Sec. 63.138(g) of
this subpart, and the vapor stream(s) vented from the treatment process
are controlled using a device with an approved nominal efficiency
greater than 95 percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR22AP94.289
where all terms other than nominal efficiency are as defined and
determined in paragraph (g)(5) of this section.
(i) The following procedures shall be followed to establish nominal
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this
section shall be followed for control technologies that are different in
use or design from the reference control technologies and achieve
greater percent reductions than the percent efficiencies assigned to the
reference control technologies in Sec. 63.111 of this subpart.
(1) In those cases where the owner or operator is seeking permission
to take credit for use of a control technology that is different in use
or design from the reference control technology, and the different
control technology will be used in more than three applications at a
single plant-site, the owner or operator shall submit the information
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to
the Director of the EPA Office of Air Quality Planning and Standards in
writing:
(i) Emission stream characteristics of each emission point to which
the control technology is or will be applied including the kind of
emission point, flow, organic HAP concentration, and all other stream
characteristics necessary to design the control technology or determine
its performance.
(ii) Description of the control technology including design
specifications.
(iii) Documentation demonstrating to the Administrator's
satisfaction the control efficiency of the control technology. This may
include performance test data collected using an appropriate EPA method
or any other method validated according to Method 301 of appendix A of
this part. If it is infeasible to obtain test data, documentation may
include a design evaluation and calculations. The engineering basis of
the calculation procedures and all inputs and assumptions made in the
calculations shall be documented.
(iv) A description of the parameter or parameters to be monitored to
ensure that the control technology will be operated in conformance with
its design
[[Page 256]]
and an explanation of the criteria used for selection of that parameter
(or parameters).
(2) The Administrator shall determine within 120 calendar days
whether an application presents sufficient information to determine
nominal efficiency. The Administrator reserves the right to request
specific data in addition to the items listed in paragraph (i)(1) of
this section.
(3) The Administrator shall determine within 120 calendar days of
the submittal of sufficient data whether a control technology shall have
a nominal efficiency and the level of that nominal efficiency. If, in
the Administrator's judgment, the control technology achieves a level of
emission reduction greater than the reference control technology for a
particular kind of emission point, the Administrator will publish a
Federal Register notice establishing a nominal efficiency for the
control technology.
(4) The Administrator may condition permission to take emission
credits for use of the control technology on requirements that may be
necessary to ensure operation and maintenance to achieve the specified
nominal efficiency.
(5) In those cases where the owner or operator is seeking permission
to take credit for use of a control technology that is different in use
or design from the reference control technology and the different
control technology will be used in no more than three applications at a
single plant site, the information listed in paragraphs (i)(1)(i)
through (i)(1)(iv) can be submitted to the permitting authority for the
source for approval instead of the Administrator.
(i) In these instances, use and conditions for use of the control
technology can be approved by the permitting authority as part of an
operating permit application or modification. The permitting authority
shall follow the procedures specified in paragraphs (i)(2) through
(i)(4) of this section except that, in these instances, a Federal
Register notice is not required to establish the nominal efficiency for
the different technology.
(ii) If, in reviewing the application, the permitting authority
believes the control technology has broad applicability for use by other
sources, the permitting authority shall submit the information provided
in the application to the Director of the EPA Office of Air Quality
Planning and Standards. The Administrator shall review the technology
for broad applicability and may publish a Federal Register notice;
however, this review shall not affect the permitting authority's
approval of the nominal efficiency of the control technology for the
specific application.
(6) If, in reviewing an application for a control technology for an
emission point, the Administrator or permitting authority determines the
control technology is not different in use or design from the reference
control technology, the Administrator or permitting authority shall deny
the application.
(j) The following procedures shall be used for calculating the
efficiency (percent reduction) of pollution prevention measures:
(1) A pollution prevention measure is any practice which meets the
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
(i) A pollution prevention measure is any practice that results in a
lesser quantity of organic HAP emissions per unit of product released to
the atmosphere prior to out-of-process recycling, treatment, or control
of emissions, while the same product is produced.
(ii) Pollution prevention measures may include: substitution of
feedstocks that reduce HAP emissions; alterations to the production
process to reduce the volume of materials released to the environment;
equipment modifications; housekeeping measures; and in-process recycling
that returns waste materials directly to production as raw materials.
Production cutbacks do not qualify as pollution prevention.
(2) The emission reduction efficiency of pollution prevention
measures implemented after November 15, 1990, can be used in calculating
the actual emissions from an emission point in the debit and credit
equations in paragraphs (g) and (h) of this section.
(i) For pollution prevention measures, the percent reduction used in
the equations in paragraphs (g)(2) through (g)(5) of this section and
paragraphs (h)(2) through (h)(5) of this section is
[[Page 257]]
the percent difference between the monthly organic HAP emissions for
each emission point after the pollution prevention measure for the most
recent month versus monthly emissions from the same emission point
before the pollution prevention measure, adjusted by the volume of
product produced during the two monthly periods.
(ii) The following equation shall be used to calculate the percent
reduction of a pollution prevention measure for each emission point.
[GRAPHIC] [TIFF OMITTED] TR22AP94.290
where:
Percent reduction=Efficiency of pollution prevention measure (percent
organic HAP reduction).
EB=Monthly emissions before the pollution prevention measure,
megagrams per month, determined as specified in paragraphs
(j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of this section.
Epp=Monthly emissions after the pollution prevention measure,
megagrams per month, as determined for the most recent month, determined
as specified in paragraphs (j)(2)(ii)(D) or (j)(2)(ii)(E) of this
section.
PB=Monthly production before the pollution prevention
measure, megagrams per month, during the same period over which
EB is calculated.
Ppp=Monthly production after the pollution prevention
measure, megagrams per month, as determined for the most recent month.
(A) The monthly emissions before the pollution prevention measure,
EB, shall be determined in a manner consistent with the
equations and procedures in paragraphs (g)(2), (g)(3), and (g)(4) of
this section for process vents, storage vessels, and transfer
operations.
(B) For wastewater, EB shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.291
where:
n=Number of wastewater streams.
QBi=Average flow rate for wastewater stream i before the
pollution prevention measure, defined and determined according to
paragraph (g)(5)(i) of this section, liters per minute, before
implementation of the pollution prevention measure.
HBi=Number of hours per month that wastewater stream i was
discharged before the pollution prevention measure, hours per month.
s=Total number of organic HAP's in wastewater stream i.
Fem=Fraction emitted of organic HAP m in wastewater from
table 9 of this subpart, dimensionless.
HAPBim=Average concentration of organic HAP m in wastewater
stream i, defined and determined according to paragraph (g)(5)(i) of
this section, before the pollution prevention measure, parts per million
by weight, as measured before the implementation of the pollution
measure.
[[Page 258]]
(C) If the pollution prevention measure was implemented prior to
April 22, 1994, records may be used to determine EB.
(D) The monthly emissions after the pollution prevention measure,
Epp, may be determined during a performance test or by a
design evaluation and documented engineering calculations. Once an
emissions-to-production ratio has been established, the ratio can be
used to estimate monthly emissions from monthly production records.
(E) For wastewater, Epp shall be calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.292
where n, Qppi, Hppi, s, Fem, and
HAPppim are defined and determined as described in paragraph
(j)(2)(ii)(B) of this section except that Qppi,
Hppi, and HAPppim shall be determined after the
pollution prevention measure has been implemented.
(iii) All equations, calculations, test procedures, test results,
and other information used to determine the percent reduction achieved
by a pollution prevention measure for each emission point shall be fully
documented.
(iv) The same pollution prevention measure may reduce emissions from
multiple emission points. In such cases, the percent reduction in
emissions for each emission point must be calculated.
(v) For the purposes of the equations in paragraphs (h)(2) through
(h)(5) of this section, used to calculate credits for emission points
controlled more stringently than the reference control technology, the
nominal efficiency of a pollution prevention measure is equivalent to
the percent reduction of the pollution prevention measure. When a
pollution prevention measure is used, the owner or operator of a source
is not required to apply to the Administrator for a nominal efficiency
and is not subject to paragraph (i) of this section.
(k) The owner or operator must demonstrate that the emissions from
the emission points proposed to be included in the average will not
result in greater hazard or, at the option of the operating permit
authority, greater risk to human health or the environment than if the
emission points were controlled according to the provisions in
Secs. 63.113 through 63.148.
(1) This demonstration of hazard or risk equivalency shall be made
to the satisfaction of the operating permit authority.
(i) The Administrator may require owners and operators to use
specific methodologies and procedures for making a hazard or risk
determination.
(ii) The demonstration and approval of hazard or risk equivalency
shall be made according to any guidance that the Administrator makes
available for use.
(2) Owners and operators shall provide documentation demonstrating
the hazard or risk equivalency of their proposed emissions average in
their operating permit application or in their Implementation Plan if an
operating permit application has not yet been submitted.
(3) An emissions averaging plan that does not demonstrate hazard or
risk equivalency to the satisfaction of the Administrator shall not be
approved. The Administrator may require such adjustments to the
emissions averaging plan as are necessary in order to ensure that the
average will not result in greater hazard or risk to human health or the
environment than would result if the emission points were controlled
according to Secs. 63.113 through 63.148 of this subpart.
(4) A hazard or risk equivalency demonstration must:
(i) Be a quantitative, bona fide chemical hazard or risk assessment;
(ii) Account for differences in chemical hazard or risk to human
health or the environment; and
[[Page 259]]
(iii) Meet any requirements set by the Administrator for such
demonstrations.
(l) For periods of excursions, an owner or operator may request that
the provisions of paragraphs (l)(1) through (l)(4) of this section be
followed instead of the procedures in paragraphs (f)(3)(i) and
(f)(3)(ii) of this section.
(1) The owner or operator shall notify the Administrator of
excursions in the Periodic Reports as required in Sec. 63.152 of this
subpart.
(2) The owner or operator shall demonstrate that other types of
monitoring data or engineering calculations are appropriate to establish
that the control device for the emission point was operating in such a
fashion to warrant assigning full or partial credits and debits. This
demonstration shall be made to the Administrator's satisfaction, and the
Administrator may establish procedures of demonstrating compliance that
are acceptable.
(3) The owner or operator shall provide documentation of the
excursion and the other type of monitoring data or engineering
calculations to be used to demonstrate that the control device for the
emission point was operating in such a fashion to warrant assigning full
or partial credits and debits.
(4) The Administrator may assign full or partial credit and debits
upon review of the information provided.
(m) For each Group 1 or Group 2 emission point included in an
emissions average, the owner or operator shall perform testing,
monitoring, recordkeeping, and reporting equivalent to that required for
Group 1 emission points complying with Secs. 63.113 through 63.148 of
this subpart. The specific requirements for process vents, storage
vessels, transfer racks, and wastewater are identified in paragraphs
(m)(1) through (m)(6) of this section.
(1) The source shall implement the following testing, monitoring,
recordkeeping, and reporting procedures for each process vent equipped
with a flare, incinerator, boiler, or process heater.
(i) Determine whether the process vent is Group 1 or Group 2
according to the procedures in Sec. 63.115 of this subpart.
(ii) Conduct initial performance tests to determine percent
reduction as specified in Sec. 63.116 of this subpart;
(iii) Monitor the operating parameters, keep records, and submit
reports specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118 (a),
(f), and (g) of this subpart, as appropriate for the specific control
device.
(2) The source shall implement the following procedures for each
process vent equipped with a carbon adsorber, absorber, or condenser but
not equipped with a control device:
(i) Determine the flow rate, organic HAP concentration, and TRE
index value using the methods specified in Sec. 63.115 of this subpart;
(ii) Monitor the operating parameters, keep records, and submit
reports specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118(b),
(f), and (g) of this subpart, as appropriate for the specific recovery
device.
(3) The source shall implement the following procedures for each
storage vessel controlled with an internal floating roof, external roof,
or a closed vent system with a control device, as appropriate to the
control technique:
(i) Perform the monitoring or inspection procedures in Sec. 63.120
of this subpart,
(ii) Perform the reporting and recordkeeping procedures in
Secs. 63.122 and 63.123 of this subpart, and
(iii) For closed vent systems with control devices, conduct an
initial design evaluation and submit an operating plan as specified in
Sec. 63.120(d) and Sec. 63.122(a)(2) and (b) of this subpart.
(4) The source shall implement the following procedures for each
transfer rack controlled with a vapor balancing system, or a vapor
collection system and an incinerator, flare, boiler, process heater,
adsorber, condenser, or absorber, as appropriate to the control
technique:
(i) The monitoring and inspection procedures in Sec. 63.127 of this
subpart,
(ii) The testing and compliance procedures in Sec. 63.128 of this
subpart, and
(iii) The reporting and recordkeeping procedures in Sec. 63.129 and
Sec. 63.130 of this subpart.
(5) The source shall implement the following procedures for
wastewater
[[Page 260]]
emission points, as appropriate to the control techniques:
(i) For wastewater treatment processes, conduct tests as specified
in Sec. 63.138(i) and (j) of this subpart.
(ii) Conduct inspections and monitoring as specified in Sec. 63.143
of this subpart.
(iii) A recordkeeping program as specified in Sec. 63.147 of this
subpart.
(iv) A reporting program as specified in Sec. 63.146 of this
subpart.
(6) If an emission point in an emissions average is controlled using
a pollution prevention measure or a device or technique for which no
monitoring parameters or inspection procedures are specified in
Sec. 63.114, Sec. 63.120, Sec. 63.127, or Sec. 63.143 of this subpart,
the owner or operator shall submit the information specified in
Sec. 63.151(f) of this subpart in the Implementation Plan or operating
permit application.
(n) Records of all information required to calculate emission debits
and credits shall be retained for five years.
(o) Initial Notifications, Implementation Plans, Notifications of
Compliance Status, Periodic Reports, and other reports shall be
submitted as required by Sec. 63.151 and Sec. 63.152 of this subpart.
[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995]
Sec. 63.151 Initial notification.
(a) Each owner or operator of a source subject to this subpart shall
submit the reports listed in paragraphs (a)(1) through (a)(5) of this
section. Owners or operators requesting an extension of compliance shall
also submit the report listed in paragraph (a)(6) of this section.
(1) An Initial Notification described in paragraph (b) of this
section, and
(2) An Implementation Plan for new sources subject to this subpart
or for emission points to be included in an emissions average, unless an
operating permit application has been submitted prior to the date the
Implementation Plan is due and the owner or operator has elected to
include the information specified in Sec. 63.152(e) in that application.
The submittal date and contents of the Implementation Plan are specified
in paragraphs (c) and (d) of this section.
(3) A Notification of Compliance Status described in Sec. 63.152 of
this subpart,
(4) Periodic Reports described in Sec. 63.152 of this subpart, and
(5) Other reports described in Sec. 63.152 of this subpart.
(6) Pursuant to section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the existing source up to 1
additional year to comply with section 112(d) standards.
(i) For purposes of this subpart, a request for an extension shall
be submitted to the permitting authority as part of the operating permit
application or as part of the Initial Notification or as a separate
submittal. Requests for extensions shall be submitted no later than 120
days prior to the compliance dates specified in Sec. 63.100(k)(2),
Sec. 63.100(l)(4), and Sec. 63.100(m) of subpart F of this part, except
as provided for in paragraph (a)(6)(iv) of this section. The dates
specified in Sec. 63.6(i) of subpart A of this part for submittal of
requests for extensions shall not apply to sources subject to this
subpart G.
(ii) A request for an extension of compliance must include the data
described in Sec. 63.6(i)(6)(i) (A), (B), and (D) of subpart A of this
part.
(iii) The requirements in Sec. 63.6(i)(8) through (i)(14) of subpart
A will govern the review and approval of requests for extensions of
compliance with this subpart.
(iv) An owner or operator may submit a compliance extension request
after the date specified in paragraph (a)(6)(i) of this section provided
the need for the compliance extension arose after that date and before
the otherwise applicable compliance date, and the need arose due to
circumstances beyond reasonable control of the owner or operator. This
request shall include, in addition to the information in paragraph
(a)(6)(ii) of this section, a statement of the reasons additional time
is needed and the date when the owner or operator first learned of the
problem.
(7) The reporting requirements for storage vessels are located in
Sec. 63.122 of this subpart.
(b) Each owner or operator of an existing or new source subject to
subpart
[[Page 261]]
G shall submit a written Initial Notification to the Administrator,
containing the information described in paragraph (b)(1) of this
section, according to the schedule in paragraph (b)(2) of this section.
The Initial Notification provisions in Sec. 63.9(b)(2), (b)(3), and
(b)(6) of subpart A shall not apply to owners or operators of sources
subject to subpart G.
(1) The Initial Notification shall include the following
information:
(i) The name and address of the owner or operator;
(ii) The address (physical location) of the affected source;
(iii) An identification of the kinds of emission points within the
chemical manufacturing process units that are subject to subpart G;
(iv) An identification of the chemical manufacturing processes
subject to subpart G; and
(v) A statement of whether the source can achieve compliance by the
relevant compliance date specified in Sec. 63.100 of subpart F.
(2) The Initial Notification shall be submitted according to the
schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this
section, as applicable.
(i) For an existing source, the Initial Notification shall be
submitted within 120 calendar days after the date of promulgation.
(ii) For a new source that has an initial start-up 90 calendar days
after the date of promulgation of this subpart or later, the application
for approval of construction or reconstruction required by Sec. 63.5(d)
of subpart A shall be submitted in lieu of the Initial Notification. The
application shall be submitted as soon as practicable before
construction or reconstruction is planned to commence (but it need not
be sooner than 90 calendar days after the date of promulgation of this
subpart).
(iii) For a new source that has an initial start-up prior to 90
calendar days after the date of promulgation, the Initial Notification
shall be submitted within 90 calendar days after the date of
promulgation of this subpart. The application for approval of
construction or reconstruction described in Sec. 63.5(d) of subpart A is
not required for these sources.
(c) Each owner or operator of an existing source with emission
points that will be included in an emissions average or new source
subject to this subpart must submit an Implementation Plan to the
Administrator by the dates specified in paragraphs (c)(1) and (c)(2) of
this section, unless an operating permit application accompanied by the
information specified in Sec. 63.152(e) of this subpart has been
submitted. The Implementation Plan for emissions averaging is subject to
Administrator approval.
(1) Each owner or operator of an existing source subject to this
subpart who elects to comply with Sec. 63.112 of this subpart by using
emissions averaging for any emission points, and who has not submitted
an operating permit application accompanied by the information specified
in Sec. 63.152(e) of this subpart at least 18 months prior to the
compliance dates specified in Sec. 63.100 of subpart F of this part,
shall develop an Implementation Plan for emissions averaging. For
existing sources, the Implementation Plan for those emission points to
be included in an emissions average shall be submitted no later than 18
months prior to the compliance dates in Sec. 63.100 of subpart F of this
part.
(2) Each owner or operator of a new source shall submit an
Implementation Plan by the date specified in paragraphs (c)(2)(i) or
(c)(2)(ii) of this section, as applicable, unless an operating permit
application containing the information in paragraph (e) of this section
has been submitted by that date.
(i) For a new source that has an initial start-up 90 calendar days
after the date of promulgation of this subpart or later, the
Implementation Plan shall be submitted with the application for approval
of construction or reconstruction by the date specified in paragraph
(b)(2)(ii) of this section.
(ii) For a new source that has an initial start-up prior to 90
calendar days after the date of promulgation, the Implementation Plan
shall be submitted within 90 calendar days after the date of
promulgation of this subpart.
(3) The Administrator shall determine within 120 calendar days
whether the Implementation Plan submitted by
[[Page 262]]
sources using emissions averaging presents sufficient information. The
Administrator shall either approve the Implementation Plan, request
changes, or request that the owner or operator submit additional
information. Once the Administrator receives sufficient information, the
Administrator shall approve, disapprove, or request changes to the plan
within 120 calendar days.
(d) Each owner or operator required to submit an Implementation Plan
for emissions averaging shall include in the plan, for all emission
points included in the emissions average, the information listed in
paragraphs (d)(1) through (d)(8) of this section.
(1) The identification of all emission points in the planned
emissions average and notation of whether each point is a Group 1 or
Group 2 emission point as defined in Sec. 63.111 of this subpart.
(2) The projected emission debits and credits for each emission
point and the sum for the emission points involved in the average
calculated according to Sec. 63.150 of this subpart. The projected
credits must be greater than the projected debits, as required under
Sec. 63.150(e)(3) of this subpart.
(3) The specific control technology or pollution prevention measure
that will be used for each emission point included in the average and
date of application or expected date of application.
(4) The specific identification of each emission point affected by a
pollution prevention measure. To be considered a pollution prevention
measure, the criteria in Sec. 63.150(j)(1) of this subpart must be met.
If the same pollution prevention measure reduces or eliminates emissions
from multiple emission points in the average, the owner or operator must
identify each of these emission points.
(5) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping, and reporting provisions in Sec. 63.150(m),
(n), and (o) of this subpart that are applicable to each emission point
in the emissions average will be implemented beginning on the date of
compliance.
(6) Documentation of the information listed in paragraph (d)(6)(i)
through (d)(6)(v) of this section for each process vent, storage vessel,
or transfer rack included in the average.
(i) The values of the parameters used to determine whether the
emission point is Group 1 or Group 2. Where TRE index value is used for
process vent group determination, the estimated or measured values of
the parameters used in the TRE equation in Sec. 63.115(d) of this
subpart (flow rate, organic HAP emission rate, TOC emission rate, and
net heating value) and the resulting TRE index value shall be submitted.
(ii) The estimated values of all parameters needed for input to the
emission debit and credit calculations in Sec. 63.150 (g) and (h) of
this subpart. These parameter values, or as appropriate, limited ranges
for the parameter values, shall be specified in the source's
Implementation Plan (or operating permit) as enforceable operating
conditions. Changes to these parameters must be reported as required by
paragraph (i)(2)(ii) of this section.
(iii) The estimated percent reduction if a control technology
achieving a lower percent reduction than the efficiency of the reference
control technology, as defined in Sec. 63.111 of this subpart, is or
will be applied to the emission point.
(iv) The anticipated nominal efficiency if a control technology
achieving a greater percent emission reduction than the efficiency of
the reference control technology is or will be applied to the emission
point. The procedures in Sec. 63.150(i) of this subpart shall be
followed to apply for a nominal efficiency.
(v) The operating plan required in Sec. 63.122(a)(2) and (b) of this
subpart for each storage vessel controlled with a closed-vent system
with a control device other than a flare.
(7) The information specified in Sec. 63.151(f) of this subpart
shall be included in the Implementation Plan for:
(i) Each process vent or transfer rack controlled by a pollution
prevention measure or control technique for which monitoring parameters
or inspection procedures are not specified in Sec. 63.114,
Sec. 63.126(b)(3), or Sec. 63.127 of this subpart, and
(ii) Each storage vessel controlled by pollution prevention or a
control technique other than an internal or external floating roof or a
closed vent system with a control device.
[[Page 263]]
(8) Documentation of the information listed in paragraph (d)(8)(i)
through (d)(8)(iv) for each process wastewater stream included in the
average.
(i) The information used to determine whether the wastewater stream
is a Group 1 or Group 2 wastewater stream.
(ii) The estimated values of all parameters needed for input to the
wastewater emission credit and debit calculations in Sec. 63.150 (g)(5)
and (h)(5) of this subpart.
(iii) The estimated percent reduction if:
(A) A control technology that achieves an emission reduction less
than or equal to the emission reduction achieved by the design steam
stripper, as specified in Sec. 63.138(g) of this subpart, is or will be
applied to the wastewater stream, or
(B) A control technology achieving less than or equal to 95 percent
emission reduction is or will be applied to the vapor stream(s) vented
and collected from the treatment processes, or
(C) A pollution prevention measure is or will be applied.
(iv) The anticipated nominal efficiency if the owner or operator
plans to apply for a nominal efficiency under Sec. 63.150(i) of this
subpart. A nominal efficiency shall be applied for if:
(A) A control technology is or will be applied to the wastewater
stream and achieves an emission reduction greater than the emission
reduction achieved by the design steam stripper as specified in
Sec. 63.138(g) of this subpart, or
(B) A control technology achieving greater than 95 percent emission
reduction is or will be applied to the vapor stream(s) vented and
collected from the treatment processes.
(v) For each pollution prevention measure, treatment process, or
control device used to reduce air emissions of organic HAP's from
wastewater and for which no monitoring parameters or inspection
procedures are specified in Sec. 63.143 of this subpart, the information
specified in Sec. 63.151(f) of this subpart shall be included in the
Implementation Plan.
(e) An owner or operator expressly referred to this paragraph shall
report, in an Implementation Plan, operating permit application, or as
otherwise specified by the permitting authority, the information listed
in paragraphs (e)(1) through (e)(5) of this section.
(1) A list designating each emission point complying with
Secs. 63.113 through 63.149 of this subpart and whether each emission
point is Group 1 or Group 2, as defined in Sec. 63.111 of this subpart.
(2) The control technology or method of compliance that will be
applied to each Group 1 emission point.
(3) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping, and reporting provisions in Secs. 63.113
through 63.149 of this subpart that are applicable to each emission
point will be implemented beginning on the date of compliance.
(4) The operating plan required in Sec. 63.122(a)(2) and (b) of this
subpart for each storage vessel controlled with a closed vent system
with a control device other than a flare.
(5) The monitoring information in Sec. 63.151(f) of this subpart if,
for any emission point, the owner or operator of a source seeks to
comply through use of a control technique other than those for which
monitoring parameters are specified in Sec. 63.114 for process vents,
Sec. 63.127 for transfer, and Sec. 63.143 for process wastewater.
(f) The owner or operator who has been directed by any section of
this subpart that expressly references this paragraph to set unique
monitoring parameters or who requests approval to monitor a different
parameter than those listed in Sec. 63.114 for process vents,
Sec. 63.127 for transfer, or Sec. 63.143 for process wastewater of this
subpart shall submit the information specified in paragraphs (f)(1),
(f)(2), and (f)(3) of this section with the operating permit application
or as otherwise specified by the permitting authority.
(1) A description of the parameter(s) to be monitored to ensure the
control technology or pollution prevention measure is operated in
conformance with its design and achieves the specified emission limit,
percent reduction, or nominal efficiency, and an explanation of the
criteria used to select the parameter(s).
(2) A description of the methods and procedures that will be used to
demonstrate that the parameter indicates proper operation of the control
device,
[[Page 264]]
the schedule for this demonstration, and a statement that the owner or
operator will establish a range for the monitored parameter as part of
the Notification of Compliance Status report required in Sec. 63.152(b)
of this subpart, unless this information has already been included in
the operating permit application.
(3) The frequency and content of monitoring, recording, and
reporting if monitoring and recording is not continuous, or if reports
of daily average values when the monitored parameter value is outside
the range established in the operating permit or Notification of
Compliance Status will not be included in Periodic Reports required
under Sec. 63.152(c) of this subpart. The rationale for the proposed
monitoring, recording, and reporting system shall be included.
(g) An owner or operator may request approval to use alternatives to
the continuous operating parameter monitoring and recordkeeping
provisions listed in Secs. 63.114, 63.117, and 63.118 for process vents,
Secs. 63.127, 63.129, and 63.130 for transfer operations, and
Secs. 63.143, 63.146, and 63.147 for wastewater.
(1) Requests shall be included in the operating permit application
or as otherwise specified by the permitting authority and shall contain
the information specified in paragraphs (g)(3) through (g)(5) of this
section, as applicable.
(2) The provisions in Sec. 63.8(f)(5)(i) of subpart A shall govern
the review and approval of requests.
(3) An owner or operator of a source that does not have an automated
monitoring and recording system capable of measuring parameter values at
least once every 15 minutes and generating continuous records may
request approval to use a non-automated system with less frequent
monitoring.
(i) The requested system shall include manual reading and recording
of the value of the relevant operating parameter no less frequently than
once per hour. Daily average values shall be calculated from these
hourly values and recorded.
(ii) The request shall contain:
(A) A description of the planned monitoring and recordkeeping
system;
(B) Documentation that the source does not have an automated
monitoring and recording system;
(C) Justification for requesting an alternative monitoring and
recordkeeping system; and
(D) Demonstration to the Administrator's satisfaction that the
proposed monitoring frequency is sufficient to represent control device
operating conditions considering typical variability of the specific
process and control device operating parameter being monitored.
(4) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency (for example once every 15
minutes) but records all values that meet set criteria for variation
from previously recorded values.
(i) The requested system shall be designed to:
(A) Measure the operating parameter value at least once every 15
minutes.
(B) Record at least four values each hour during periods of
operation.
(C) Record the date and time when monitors are turned off or on.
(D) Recognize unchanging data that may indicate the monitor is not
functioning properly, alert the operator, and record the incident.
(E) Compute daily average values of the monitored operating
parameter based on recorded data.
(F) If the daily average is not an excursion, as defined in
Sec. 63.152(c)(2)(ii), the data for that operating day may be converted
to hourly average values and the four or more individual records for
each hour in the operating day may be discarded.
(ii) The request shall contain a description of the monitoring
system and data compression recording system, including the criteria
used to determine which monitored values are recorded and retained, the
method for calculating daily averages, and a demonstration that the
system meets all criteria in paragraph (g)(4)(i) of this section.
(5) An owner or operator may request approval to use other
alternative monitoring systems according to the procedures specified in
Sec. 63.8(f) of subpart A of this part.
[[Page 265]]
(h) The owner or operator required to prepare an Implementation
Plan, or otherwise required to submit a report, under paragraph (c),
(d), or (e) of this section shall also submit a supplement for any
additional alternative controls or operating scenarios that may be used
to achieve compliance.
(i) The owner or operator of a source required to submit an
Implementation Plan for emissions averaging under paragraphs (c) and (d)
of this section shall also submit written updates of the Implementation
Plan to the Administrator for approval under the circumstances described
in paragraphs (i)(1) and (i)(2) of this section unless the relevant
information has been included and submitted in an operating permit
application or amendment.
(1) The owner or operator who plans to make a change listed in
paragraph (i)(1)(i) or (i)(1)(ii) of this section shall submit an
Implementation Plan update at least 120 calendar days prior to making
the change.
(i) Whenever an owner or operator elects to achieve compliance with
the emissions averaging provisions in Sec. 63.150 of this subpart by
using a control technique other than that specified in the
Implementation Plan or plans to monitor a different parameter or operate
a control device in a manner other than that specified in the
Implementation Plan.
(ii) Whenever an emission point or a chemical manufacturing process
unit is added to an existing source and is planned to be included in an
emissions average, or whenever an emission point not included in the
emissions average described in the Implementation Plan is to be added to
an emissions average. The information in paragraph (d) of this section
shall be updated to include the additional emission point.
(2) The owner or operator who has made a change listed in paragraph
(i)(2)(i) or (i)(2)(ii) of this section shall submit an Implementation
Plan update within 90 calendar days after the information regarding the
change is known to the source. The update may be submitted in the next
quarterly Periodic Report if the change is made after the date the
Notification of Compliance status is due.
(i) Whenever a process change is made such that the group status of
any emission point in an emissions average changes.
(ii) Whenever a value of a parameter in the emission credit or debit
equations in Sec. 63.150(g) or (h) changes such that it is outside the
range specified in the Implementation Plan and causes a decrease in the
projected credits or an increase in the projected debits.
(3) The Administrator shall approve or request changes to the
Implementation Plan update within 120 calendar days of receipt of
sufficient information regarding the change for emission points included
in emissions averages.
(j) The owner or operator of a source subject to this subpart, for
emission points that are not included in an emissions average, shall
report to the Administrator under the circumstances described in
paragraphs (j)(1), (j)(2), and (j)(3) of this section unless the
relevant information has been included and submitted in an operating
permit application or amendment, or as otherwise specified by the
permitting authority. The information shall be submitted within 180
calendar days after the change is made or the information regarding the
change is known to the source. The update may be submitted in the next
Periodic Report if the change is made after the date the Notification of
Compliance Status is due.
(1) Whenever a deliberate change is made such that the group status
of any emission point changes. The information submitted shall include a
compliance schedule as specified in Sec. 63.100 of subpart F of this
part if the emission point becomes Group 1.
(2) Whenever an owner or operator elects to achieve compliance with
this subpart by using a control technique other than that previously
reported to the Administrator or to the permitting authority, or plans
to monitor a different parameter, or operate a control device in a
manner other than that previously reported.
(3) Whenever an emission point or a chemical manufacturing process
unit is added to a source, a written addendum to the information
submitted under paragraph (e) of this section containing
[[Page 266]]
information on the new emission point shall be submitted.
[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995;
61 FR 7718, Feb. 29, 1996; 61 FR 64576, Dec. 5, 1996]
Sec. 63.152 General reporting and continuous records.
(a) The owner or operator of a source subject to this subpart shall
submit the reports listed in paragraphs (a)(1) through (a)(5) of this
section and keep continuous records of monitored parameters as specified
in paragraph (f) of this section. Owners or operators requesting an
extension of compliance shall also submit the report described in
Sec. 63.151(a)(6) of this subpart.
(1) An Initial Notification described in Sec. 63.151(b) of this
subpart.
(2) An Implementation Plan described in Sec. 63.151(c), (d), and (e)
of this subpart for existing sources with emission points that are
included in an emissions average or for new sources.
(3) A Notification of Compliance Status described in paragraph (b)
of this section.
(4) Periodic Reports described in paragraph (c) of this section.
(5) Other reports described in paragraphs (d) and (e) of this
section.
(b) Each owner or operator of a source subject to this subpart shall
submit a Notification of Compliance Status within 150 calendar days
after the compliance dates specified in Sec. 63.100 of subpart F of this
part.
(1) The notification shall include the results of any emission point
group determinations, performance tests, inspections, continuous
monitoring system performance evaluations, values of monitored
parameters established during performance tests, and any other
information used to demonstrate compliance or required to be included in
the Notification of Compliance Status under Sec. 63.110 (h) for
regulatory overlaps, under Sec. 63.117 for process vents, Sec. 63.122
for storage vessels, Sec. 63.129 for transfer operations, Sec. 63.146
for process wastewater, and Sec. 63.150 for emission points included in
an emissions average.
(i) For performance tests and group determinations that are based on
measurements, the Notification of Compliance Status shall include one
complete test report for each test method used for a particular kind of
emission point. For additional tests performed for the same kind of
emission point using the same method, the results and any other
information required in Sec. 63.117 for process vents, Sec. 63.129 for
transfer, and Sec. 63.146 for process wastewater shall be submitted, but
a complete test report is not required.
(ii) A complete test report shall include a brief process
description, sampling site description, description of sampling and
analysis procedures and any modifications to standard procedures,
quality assurance procedures, record of operating conditions during the
test, record of preparation of standards, record of calibrations, raw
data sheets for field sampling, raw data sheets for field and laboratory
analyses, documentation of calculations, and any other information
required by the test method.
(2) For each monitored parameter for which a range is required to be
established under Sec. 63.114 for process vents, Sec. 63.127 for
transfer, Sec. 63.143 for process wastewater, Sec. 63.150(m) for
emission points in emissions averages, or Sec. 63.151(f), or
Sec. 63.152(e), the Notification of Compliance Status shall include the
information in paragraphs (b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this
section, unless the range and the operating day definition have been
established in the operating permit. The recordkeeping and reporting
requirements applicable to storage vessels are located in Secs. 63.122
and 63.123.
(i) The specific range of the monitored parameter(s) for each
emission point;
(ii) The rationale for the specific range for each parameter for
each emission point, including any data and calculations used to develop
the range and a description of why the range indicates proper operation
of the control device.
(A) If a performance test is required by this subpart for a control
device, the range shall be based on the parameter values measured during
the performance test and may be supplemented by engineering assessments
[[Page 267]]
and/or manufacturer's recommendations. Performance testing is not
required to be conducted over the entire range of permitted parameter
values.
(B) If a performance test is not required by this subpart for a
control device, the range may be based solely on engineering assessments
and/or manufacturer's recommendations.
(iii) A definition of the source's operating day for purposes of
determining daily average values of monitored parameters. The definition
shall specify the times at which an operating day begins and ends.
(3) For emission points included in an emissions average, the
Notification of Compliance Status shall include the values of all
parameters needed for input to the emission credit and debit equations
in Sec. 63.150 (g) and (h), calculated or measured according to the
procedures in Sec. 63.150 (g) and (h) of this subpart, and the resulting
calculation of credits and debits for the first quarter of the year. The
first quarter begins on the compliance date specified in Sec. 63.100 of
subpart F.
(4) If any emission point is subject to this subpart and to other
standards as specified in Sec. 63.110 of this subpart and if the
provisions of Sec. 63.110 of this subpart allow the owner or operator to
choose which testing, monitoring, reporting, and recordkeeping
provisions will be followed, then the Notification of Compliance Status
shall indicate which rule's requirements will be followed for testing,
monitoring, reporting, and recordkeeping.
(5) An owner or operator who transfers a Group 1 wastewater stream
or residual removed from a Group 1 wastewater stream for treatment
pursuant to Sec. 63.132(g) shall include in the Notification of
Compliance Status the name and location of the transferee and a
description of the Group 1 wastewater stream or residual sent to the
treatment facility.
(c) The owner or operator of a source subject to this subpart shall
submit Periodic Reports.
(1) Except as specified under paragraphs (c)(5) and (c)(6) of this
section, a report containing the information in paragraphs (c)(2),
(c)(3), and (c)(4) of this section shall be submitted semiannually no
later than 60 calendar days after the end of each 6-month period. The
first report shall be submitted no later than 8 months after the date
the Notification of Compliance Status is due and shall cover the 6-month
period beginning on the date the Notification of Compliance Status is
due.
(2) Except as provided in paragraph (c)(2)(iv) of this section, for
an owner or operator of a source complying with the provisions of
Secs. 63.113 through 63.147 for any emission points, Periodic Reports
shall include all information specified in Secs. 63.117 and 63.118 for
process vents, Sec. 63.122 for storage vessels, Secs. 63.129 and 63.130
for transfer operations, and Sec. 63.146 for process wastewater,
including reports of periods when monitored parameters are outside their
established ranges.
(i) For each parameter or parameters required to be monitored for a
control device, the owner or operator shall establish a range of
parameter values to ensure that the device is being applied, operated
and maintained properly. As specified in paragraph (b)(2) of this
section, these parameter values and the definition of an operating day
shall be approved as part of and incorporated into the source's
Notification of Compliance Status or operating permit, as appropriate.
(ii) The parameter monitoring data for Group 1 emission points and
emission points included in emissions averages that are required to
perform continuous monitoring shall be used to determine compliance with
the required operating conditions for the monitored control devices or
recovery devices. For each excursion, except for excused excursions, the
owner or operator shall be deemed to have failed to have applied the
control in a manner that achieves the required operating conditions.
(A) An excursion means any of the three cases listed in paragraph
(c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of this section.
For a control device or recovery device where multiple parameters are
monitored, if one or more of the parameters meets the excursion criteria
in paragraph (c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of
this section, this is considered a single excursion for the control
device or recovery device.
[[Page 268]]
(1) When the daily average value of one or more monitored parameters
is outside the permitted range.
(2) When the period of control device or recovery device operation
is 4 hours or greater in an operating day and monitoring data are
insufficient to constitute a valid hour of data for at least 75 percent
of the operating hours.
(3) When the period of control device or recovery device operation
is less than 4 hours in an operating day and more than one of the hours
during the period of operation does not constitute a valid hour of data
due to insufficient monitoring data.
(4) Monitoring data are insufficient to constitute a valid hour of
data, as used in paragraphs (c)(2)(ii)(A)(2) and (c)(2)(ii)(A)(3) of
this section, if measured values are unavailable for any of the 15-
minute periods within the hour. For data compression systems approved
under Sec. 63.151(g)(4), monitoring data are insufficient to calculate a
valid hour of data if there are less than 4 data values recorded during
the hour.
(B) The number of excused excursions for each control device or
recovery device for each semiannual period is specified in paragraphs
(c)(2)(ii)(B)(1) through (c)(2)(ii)(B)(6) of this section. This
paragraph applies to sources required to submit Periodic Reports
semiannually or quarterly. The first semiannual period is the 6-month
period starting the date the Notification of Compliance Status is due.
(1) For the first semiannual period--six excused excursions.
(2) For the second semiannual period--five excused excursions.
(3) For the third semiannual period--four excused excursions.
(4) For the fourth semiannual period--three excused excursions.
(5) For the fifth semiannual period--two excused excursions.
(6) For the sixth and all subsequent semiannual periods--one excused
excursion.
(C) If a monitored parameter is outside its established range or
monitoring data are not collected during periods of start-up, shutdown,
or malfunction (and the source is operated during such periods in
accordance with the source's start-up, shutdown, and malfunction plan as
required by Sec. 63.6(e)(3) of subpart A of this part) or during periods
of nonoperation of the chemical manufacturing process unit or portion
thereof (resulting in cessation of the emissions to which the monitoring
applies), then the excursion is not a violation and, in cases where
continuous monitoring is required, the excursion does not count toward
the number of excused excursions for determining compliance.
(D) Nothing in paragraph (c)(2)(ii) of this section shall be
construed to allow or excuse a monitoring parameter excursion caused by
any activity that violates other applicable provisions of subpart A, F,
or G of this part.
(E) Paragraph (c)(2)(ii) of this section, except paragraph
(c)(2)(ii)(C) of this section, shall apply only to emission points and
control devices or recovery devices for which continuous monitoring is
required by Secs. 63.113 through 63.150.
(iii) Periodic Reports shall include the daily average values of
monitored parameters for both excused and unexcused excursions, as
defined in paragraph (c)(2)(ii)(A) of this section. For excursions
caused by lack of monitoring data, the duration of periods when
monitoring data were not collected shall be specified.
(iv) The provisions of paragraphs (c)(2), (c)(2)(i), (c)(2)(ii), and
(c)(2)(iii) of this section do not apply to any storage vessel for which
the owner or operator is not required, by the applicable monitoring plan
established under Sec. 63.120(d)(2), to keep continuous records. If
continuous records are required, the owner or operator shall specify, in
the monitoring plan, whether the provisions of paragraphs (c)(2),
(c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section apply.
(3) If any performance tests are reported in a Periodic Report, the
following information shall be included:
(i) One complete test report shall be submitted for each test method
used for a particular kind of emission point tested. A complete test
report shall contain the information specified in paragraph (b)(1)(ii)
of this section.
(ii) For additional tests performed for the same kind of emission
point using the same method, results and any other information required
in
[[Page 269]]
Sec. 63.117 for process vents, Sec. 63.129 for transfer, and Sec. 63.146
for process wastewater shall be submitted, but a complete test report is
not required.
(4) Periodic Reports shall include the information in paragraphs
(c)(4)(i) through (c)(4)(iv) of this section, as applicable:
(i) For process vents, reports of process changes as required under
Sec. 63.118 (g), (h), (i), and (j) of this subpart,
(ii) Any supplements required under Sec. 63.151(i) and (j) of this
subpart,
(iii) Notification if any Group 2 emission point becomes a Group 1
emission point, including a compliance schedule as required in
Sec. 63.100 of subpart F of this part, and
(iv) For process wastewater streams sent for treatment pursuant to
Sec. 63.132 (g), reports of changes in the identity of the treatment
facility or transferee.
(5) The owner or operator of a source shall submit quarterly reports
for all emission points included in an emissions average.
(i) The quarterly reports shall be submitted no later than 60
calendar days after the end of each quarter. The first report shall be
submitted with the Notification of Compliance Status no later than 5
months after the compliance date specified in Sec. 63.100 of subpart F.
(ii) The quarterly reports shall include the information specified
in this paragraph for all emission points included in an emissions
average.
(A) The credits and debits calculated each month during the quarter;
(B) A demonstration that debits calculated for the quarter are not
more than 1.30 times the credits calculated for the quarter, as required
under Sec. 63.150(e)(4) of this subpart.
(C) The values of any inputs to the credit and debit equations in
Sec. 63.150 (g) and (h) of this subpart that change from month to month
during the quarter or that have changed since the previous quarter;
(D) Results of any performance tests conducted during the reporting
period including one complete report for each test method used for a
particular kind of emission point as described in paragraph (c)(3) of
this section;
(E) Reports of daily average values of monitored parameters for both
excused and unexcused excursions as defined in paragraph (c)(2)(ii)(A)
of this section. For excursions caused by lack of monitoring data, the
duration of periods when monitoring data were not collected shall be
specified.
(iii) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall
govern the use of monitoring data to determine compliance for Group 1
and Group 2 points included in emissions averages. For storage vessels
to which the provisions of paragraphs (c)(2)(i) through (c)(2)(iii) of
this section do not apply (as specified in paragraph (c)(2)(iv) of this
section), the owner or operator is required to comply with the
provisions of the applicable monitoring plan, and monitoring records may
be used to determine compliance.
(iv) Every fourth quarterly report shall include the following:
(A) A demonstration that annual credits are greater than or equal to
annual debits as required by Sec. 63.150(e)(3) of this subpart; and
(B) A certification of compliance with all the emissions averaging
provisions in Sec. 63.150 of this subpart.
(6) The owner or operator of a source shall submit reports quarterly
for particular emission points not included in an emissions average
under the circumstances described in paragraphs (c)(6)(i) through
(c)(6)(v) of this section.
(i) The owner or operator of a source subject to this subpart shall
submit quarterly reports for a period of one year for an emission point
that is not included in an emissions average if:
(A) The emission point has more excursions, as defined in paragraph
(c)(2)(ii) of this section, than the number of excused excursions
allowed under paragraph (c)(2)(ii)(B) of this section for a semiannual
reporting period; and
(B) The Administrator requests the owner or operator to submit
quarterly reports for the emission point.
(ii) The quarterly reports shall include all information in
paragraphs (c)(2), (c)(3), and (c)(4) of this section applicable to the
emission point(s) for which quarterly reporting is required under
paragraph (c)(6)(i) of this section. Information applicable to other
emission points within the source shall be submitted in the semiannual
reports
[[Page 270]]
required under paragraph (c)(1) of this section.
(iii) Quarterly reports shall be submitted no later than 60 calendar
days after the end of each quarter.
(iv) After quarterly reports have been submitted for an emission
point for one year, the owner or operator may return to semiannual
reporting for the emission point unless the Administrator requests the
owner or operator to continue to submit quarterly reports.
(v) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall
govern the use of monitoring data to determine compliance for Group 1
emission points. For storage vessels to which the provisions of
paragraphs (c)(2)(i) through (c)(2)(iii) of this section do not apply
(as specified in paragraph (c)(2)(iv) of this section), the owner or
operator is required to comply with the provisions of the applicable
monitoring plan, and monitoring records may be used to determine
compliance.
(d) Other reports shall be submitted as specified in subpart A of
this part or in Secs. 63.113 through 63.151 of this subpart. These
reports are:
(1) Reports of start-up, shutdown, and malfunction required by
Sec. 63.10(d)(5) of subpart A. The semi-annual start-up, shutdown and
malfunction reports may be submitted on the same schedule as the
Periodic Reports required under paragraph (c) of this section instead of
the schedule specified in Sec. 63.10(d)(5)(i) of subpart A.
(2) For storage vessels, the notifications of inspections required
by Sec. 63.122 (h)(1) and (h)(2) of this subpart.
(3) For owners or operators of sources required to request approval
for a nominal control efficiency for use in calculating credits for an
emissions average, the information specified in Sec. 63.150(i) of this
subpart.
(e) An owner or operator subject to this subpart shall submit the
information specified in paragraphs (e)(1) through (e)(4) of this
section with the operating permit application or as otherwise specified
by the permitting authority. The owner or operator shall submit written
updates as amendments to the operating permit application on the
schedule and under the circumstances described in Sec. 63.151(j) of this
subpart. Notwithstanding, if the owner or operator has an operating
permit under 40 CFR part 70 or 71, the owner or operator shall follow
the schedule and format required by the permitting authority.
(1) The information specified in Sec. 63.151 (f) or (g) of this
subpart for any emission points for which the owner or operator requests
approval to monitor a unique parameter or use an alternative monitoring
and recording system, and
(2) The information specified in Sec. 63.151(d) of this subpart for
points included in an emissions average.
(3) The information specified in Sec. 63.151(e) of this subpart for
points not included in an emissions average.
(4) The information specified in Sec. 63.151(h) as applicable.
(f) Owners or operators required to keep continuous records by
Secs. 63.118, 63.130, 63.147, 63.150, or other sections of this subpart
shall keep records as specified in paragraphs (f)(1) through (f)(7) of
this section, unless an alternative recordkeeping system has been
requested and approved under Sec. 63.151(f) or (g) or Sec. 63.152(e) or
under Sec. 63.8(f) of subpart A of this part, and except as provided in
paragraph (c)(2)(ii)(C) of this section or in paragraph (g) of this
section. If a monitoring plan for storage vessels pursuant to
Sec. 63.120(d)(2)(i) requires continuous records, the monitoring plan
shall specify which provisions, if any, of paragraphs (f)(1) through
(f)(7) of this section apply.
(1) The monitoring system shall measure data values at least once
every 15 minutes.
(2) The owner or operator shall record either:
(i) Each measured data value; or
(ii) Block average values for 15-minute or shorter periods
calculated from all measured data values during each period or at least
one measured data value per minute if measured more frequently than once
per minute.
(3) If the daily average value of a monitored parameter for a given
operating day is within the range established in the Notification of
Compliance Status or operating permit, the owner or operator shall
either:
(i) Retain block hourly average values for that operating day for 5
years and discard, at or after the end of that
[[Page 271]]
operating day, the 15-minute or more frequent average values and
readings recorded under paragraph (f)(2) of this section; or
(ii) Retain the data recorded in paragraph (f)(2) of this section
for 5 years.
(4) If the daily average value of a monitored parameter for a given
operating day is outside the range established in the Notification of
Compliance Status or operating permit, the owner or operator shall
retain the data recorded that operating day under paragraph (f)(2) of
this section for 5 years.
(5) Daily average values of each continuously monitored parameter
shall be calculated for each operating day, and retained for 5 years,
except as specified in paragraphs (f)(6) and (f)(7) of this section.
(i) The daily average shall be calculated as the average of all
values for a monitored parameter recorded during the operating day. The
average shall cover a 24-hour period if operation is continuous, or the
number of hours of operation per operating day if operation is not
continuous.
(ii) The operating day shall be the period defined in the operating
permit or the Notification of Compliance Status. It may be from midnight
to midnight or another daily period.
(6) If all recorded values for a monitored parameter during an
operating day are within the range established in the Notification of
Compliance Status or operating permit, the owner or operator may record
that all values were within the range and retain this record for 5 years
rather than calculating and recording a daily average for that operating
day. For these operating days, the records required in paragraph (f)(3)
of this section shall also be retained for 5 years.
(7) Monitoring data recorded during periods identified in paragraphs
(f)(7)(i) through (f)(7)(v) of this section shall not be included in any
average computed under this subpart. Records shall be kept of the times
and durations of all such periods and any other periods during process
or control device operation when monitors are not operating.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions;
(v) Periods of non-operation of the chemical manufacturing process
unit (or portion thereof), resulting in cessation of the emissions to
which the monitoring applies.
(g) For any parameter with respect to any item of equipment, the
owner or operator may implement the recordkeeping requirements in
paragraph (g)(1) or (g)(2) of this section as alternatives to the
continuous operating parameter monitoring and recordkeeping provisions
listed in Secs. 63.114, 63.117, and 63.118 for process vents,
Secs. 63.127, 63.129, and 63.130 for transfer operations, Secs. 63.143,
63.146, and 63.147 for wastewater, and/or Sec. 63.152(f), except that
Sec. 63.152(f)(7) shall apply. The owner or operator shall retain each
record required by paragraph (g)(1) or (g)(2) of this section as
provided in Sec. 63.103(c) of subpart F of this part, except as provided
otherwise in paragraph (g)(1) or (g)(2) of this section.
(1) The owner or operator may retain only the daily average value,
and is not required to retain more frequent monitored operating
parameter values, for a monitored parameter with respect to an item of
equipment, if the requirements of paragraphs (g)(1)(i) through
(g)(1)(vi) of this section are met. An owner or operator electing to
comply with the requirements of paragraph (g)(1) of this section shall
notify the Administrator in the Notification of Compliance Status or, if
the Notification of Compliance Status has already been submitted, in the
periodic report immediately preceding implementation of the requirements
of paragraph (g)(1) of this section.
(i) The monitoring system is capable of detecting unrealistic or
impossible data during periods of operation other than startups,
shutdowns, or malfunctions (e.g., a temperature reading of -200 deg. C
on a boiler), and will alert the operator by alarm or other means. The
owner or operator shall record the occurrence. All instances of the
alarm or other alert in an operating day constitute a single occurrence.
(ii) The monitoring system generates, updated at least hourly
[[Page 272]]
throughout each operating day, a running average of the monitoring
values that have been obtained during that operating day, and the
capability to observe this average is readily available to the
Administrator on-site during the operating day. The owner or operator
shall record the occurrence of any period meeting the criteria in
paragraphs (g)(1)(ii)(A) through (g)(1)(iii)(C) of this section. All
instances in an operating day constitute a single occurrence.
(A) The running average is above the maximum or below the minimum
established limits;
(B) The running average is based on at least 6 1-hour average
values; and
(C) The running average reflects a period of operation other than a
startup, shutdown, or malfunction.
(iii) The monitoring system is capable of detecting unchanging data
during periods of operation other than startups, shutdowns, or
malfunctions, except in circumstances where the presence of unchanging
data is the expected operating condition based on past experience (e.g.,
pH in some scrubbers), and will alert the operator by alarm or other
means. The owner or operator shall record the occurrence. All instances
of the alarm or other alert in an operating day constitute a single
occurrence.
(iv) The monitoring system will alert the owner or operator by an
alarm or other means, if the running average parameter value calculated
under paragraph (g)(1)(ii) of this section reaches a set point that is
appropriately related to the established limit for the parameter that is
being monitored.
(v) The owner or operator shall verify the proper functioning of
the monitoring system, including its ability to comply with the
requirements of paragraph (g)(1) of this section, at the times specified
in paragraphs (g)(1)(v)(A) through (g)(1)(v)(C) of this section. The
owner or operator shall document that the required verifications
occurred.
(A) Upon initial installation.
(B) Annually after initial installation.
(C) After any change to the programming or equipment constituting
the monitoring system, which might reasonably be expected to alter the
monitoring system's ability to comply with the requirements of this
section.
(vi) The owner or operator shall retain the records identified in
paragraphs (g)(1)(vi) (A) through (C) of this section.
(A) Identification of each parameter, for each item of equipment,
for which the owner or operator has elected to comply with the
requirements of paragraph (g) of this section.
(B) A description of the applicable monitoring system(s), and of
how compliance will be achieved with each requirement of paragraph
(g)(1)(i) through (g)(1)(v) of this section. The description shall
identify the location and format (e.g., on-line storage; log entries)
for each required record. If the description changes, the owner or
operator shall retain both the current and the most recent superseded
description. The description, and the most recent superseded
description, shall be retained as provided in Sec. 63.103(c) of subpart
F of this part, except as provided in paragraph (g)(1)(vi)(D) of this
section.
(C) A description, and the date, of any change to the monitoring
system that would reasonably be expected to affect its ability to comply
with the requirements of paragraph (g)(1) of this section.
(D) Owners and operators subject to paragraph (g)(1)(vi)(B) of this
section shall retain the current description of the monitoring system as
long as the description is current, but not less than 5 years from the
date of its creation. The current description shall, at all times, be
retained on-site or be accessible from a central location by computer or
other means that provides access within 2 hours after a request. The
owner or operator shall retain the most recent superseded description at
least until 5 years from the date of its creation. The superseded
description shall be retained on-site (or accessible from a central
location by computer that provides access within 2 hours after a
request) at least 6 months after its creation. Thereafter, the
superseded description may be stored off-site.
(2) If an owner or operator has elected to implement the
requirements of paragraph (g)(1) of this section, and a
[[Page 273]]
period of 6 consecutive months has passed without an excursion as
defined in paragraph (g)(2)(iv) of this section, the owner or operator
is no longer required to record the daily average value for that
parameter for that unit of equipment, for any operating day when the
daily average value is less than the maximum, or greater than the
minimum established limit. With approval by the Administrator,
monitoring data generated prior to the compliance date of this subpart
shall be credited toward the period of 6 consecutive months, if the
parameter limit and the monitoring was required and/or approved by the
Administrator.
(i) If the owner or operator elects not to retain the daily average
values, the owner or operator shall notify the Administrator in the next
periodic report. The notification shall identify the parameter and unit
of equipment.
(ii) If, on any operating day after the owner or operator has
ceased recording daily averages as provided in paragraph (g)(2) of this
section, there is an excursion as defined in paragraph (g)(2)(iv) of
this section, the owner or operator shall immediately resume retaining
the daily average value for each day, and shall notify the Administrator
in the next periodic report. The owner or operator shall continue to
retain each daily average value until another period of 6 consecutive
months has passed without an excursion as defined in paragraph
(g)(2)(iv) of this section.
(iii) The owner or operator shall retain the records specified in
paragraphs (g)(1) (i), (ii), (iii), (iv), (v), and (vi) of this section.
For any calendar week, if compliance with paragraphs (g)(1) (i), (ii),
(iii), and (iv) of this section does not result in retention of a record
of at least one occurrence or measured parameter value, the owner or
operator shall record and retain at least one parameter value during a
period of operation other than a startup, shutdown, or malfunction.
(iv) For purposes of paragraph (g) of this section, an excursion
means that the daily average value of monitoring data for a parameter is
greater than the maximum, or less than the minimum established value,
except as provided in paragraphs (g)(2)(iv)(A) and (g)(2)(iv)(B) of this
section.
(A) The daily average value during any start-up, shutdown, or
malfunction shall not be considered an excursion for purposes of this
paragraph (g)(2), if the owner or operator follows the applicable
provisions of the startup, shutdown, and malfunction plan required by
Sec. 63.6(e)(3) of subpart A of this part.
(B) An excused excursion, as described in Sec. 63.152(c)(2)(ii) (B)
and (C), shall not be considered an excursion for purposes of this
paragraph (g)(2).
[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63629, Dec. 12, 1995;
61 FR 64577, Dec. 5, 1996; 62 FR 2776, Jan. 17, 1997]
Appendix to Subpart G--Tables and Figures
[[Page 274]]
Table 1.--Process Vents--Coefficients for Total Resource Effectiveness for Existing Source Nonhalogenated and Halogenated Vent Streams
--------------------------------------------------------------------------------------------------------------------------------------------------------
Values of Coefficients
Type of Stream Control Device Basis -------------------------------------------------------------------------------------------------
a b c d
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonhalogenated............... Flare.................. 1.935 3.660 x 10-1 -7.687 x 10-3 -7.333 x 10-4
Thermal Incinerator 0 1.492 6.267 x 10-2 3.177 x 10-2 -1.159 x 10-3
Percent Heat Recovery.
Thermal Incinerator 70 2.519 1.183 x 10-2 1.300 x 10-2 4.790 x 10-2
Percent Heat Recovery.
Halogenated.................. Thermal Incinerator and 3.995 5.200 x 10-2 -1.769 x 10-3 9.700 x 10-4
Scrubber.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2.--Process Vents--Coefficients for Total Resource Effectiveness for New Source Nonhalogenated and Halogenated Vent Streams
--------------------------------------------------------------------------------------------------------------------------------------------------------
Values of Coefficients
Type of stream Control device basis -------------------------------------------------------------------------------------------------
a b c d
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonhalogenated............... Flare.................. 0.5276 0.0998 -2.096 x 10-3 -2.000 x 10-4
Thermal Incinerator 0 0.4068 0.0171 8.664 x 10-3 -3.162 x 10-4
Percent Heat Recovery.
Thermal Incinerator 70 0.6868 3.209 x 10-3 3.546 x 10-3 1.306 x 10-2
Percent Heat Recovery.
Halogenated.................. Thermal Incinerator and 1.0895 1.417 x 10-2 -4.822 x 10-4 2.645 x 10-4
Scrubber.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 275]]
Table 3.--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
----------------------------------------------------------------------------------------------------------------
Parameters to be monitored Recordkeeping and reporting requirements
Control device a for monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal incinerator..................... Firebox temperature b 1. Continuous records.c
[63.114(a)(1)(i)]. 2. Record and report the firebox
temperature averaged over the full
period of the performance test--NCS.d
3. Record the daily average firebox
temperature for each operating day.e
4. Report all daily average temperatures
that are outside the range established
in the NCS or operating permit and all
operating days when insufficient
monitoring data are collected f--PR. g
Catalytic incinerator................... Temperature upstream and 1. Continuous records.
downstream of the catalyst 2. Record and report the upstream and
bed [63.114(a)(1)(ii)]. downstream temperatures and the
temperature difference across the
catalyst bed averaged over the full
period of the performance test--NCS.
3. Record the daily average upstream
temperature and temperature difference
across the catalyst bed for each
operating day.e
4. Report all daily average upstream
temperatures that are outside the range
established in the NCS or operating
permit--PR.
5. Report all daily average temperature
differences across the catalyst bed that
are outside the range established in the
NCS or operating permit--PR.
6. Report all operating days when
insufficient monitoring data are
collected.f
Boiler or process heater with a design Firebox temperature b 1. Continuous records.
heat input capacity less than 44 [63.114(a)(3)]. 2. Record and report the firebox
megawatts and vent stream is not temperature averaged over the full
introduced with or as the primary fuel. period of the performance test--NCS.
3. Record the daily average firebox
temperature for each operating day.e
4. Report all daily average firebox
temperatures that are outside the range
established in the NCS or operating
permit and all operating days when
insufficient monitoring data are
collected f--PR.
Flare................................... Presence of a flame at the 1. Hourly records of whether the monitor
pilot light [63.114(a)(2)]. was continuously operating and whether
the pilot flame was continuously present
during each hour.
2. Record and report the presence of a
flame at the pilot light over the full
period of the compliance determination--
NCS.
3. Record the times and durations of all
periods when all pilot flames are absent
or the monitor is not operating.
4. Report the times and durations of all
periods when all pilot flames of a flare
are absent--PR.
Recapture devices....................... The appropriate monitoring 1. The recordkeeping and reporting
device identified in table requirements for monitored parameters
4 when, in the table, the identified for the appropriate
term ``recapture'' is monitoring device in table 4 of this
substituted for subpart.
``recovery.''
[63.114(a)(5)].
Scrubber for halogenated vent streams pH of scrubber effluent 1. Continuous records.
(Note: Controlled by a combustion [63.114(a)(4)(i)], and. 2. Record and report the pH of the
device other than a flare). scrubber effluent averaged over the full
period of the performance test--NCS.
3. Record the daily average pH of the
scrubber effluent for each operating
day.e
4. Report all daily average pH values of
the scrubber effluent that are outside
the range established in the NCS or
operating permit and all operating days
when insufficient monitoring data are
collected f--PR.
Scrubber for halogenated vent streams Scrubber liquid and gas 1. Continuous records of scrubber liquid
(Note: Controlled by a combustion flow rates flow rate.
device other than a flare) (Continued). [63.114(a)(4)(ii)]. 2. Record and report the scrubber liquid/
gas ratio averaged over the full period
of the performance test--NCS.
3. Record the daily average scrubber
liquid/gas ratio for each operating
day.e
4. Report all daily average scrubber
liquid/gas ratios that are outside the
range established in the NCS or
operating permit and all operating days
when insufficient monitoring data are
collected f--PR.
[[Page 276]]
All control devices..................... Presence of flow diverted 1. Hourly records of whether the flow
to the atmosphere from the indicator was operating and whether
control device diversion was detected at any time
[63.114(d)(1)] or. during each hour.
2. Record and report the times and
durations of all periods when the vent
stream is diverted through a bypass line
or the monitor is not operating--PR.
Monthly inspections of 1. Records that monthly inspections were
sealed valves performed.
[63.114(d)(2)]. 2. Record and report all monthly
inspections that show the valves are
moved to the diverting position or the
seal has been changed--PR.
----------------------------------------------------------------------------------------------------------------
a Regulatory citations are listed in brackets.
b Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
substantial heat exchange is encountered.
c``Continuous records'' is defined in Sec. 63.111 of this subpart.
d NCS=Notification of Compliance Status described in Sec. 63.152 of this subpart.
e The daily average is the average of all recorded parameter values for the operating day. If all recorded
values during an operating day are within the range established in the NCS or operating permit, a statement to
this effect can be recorded instead of the daily average.
f The periodic reports shall include the duration of periods when monitoring data is not collected for each
excursion as defined in Sec. 63.152(c)(2)(ii)(A) of this subpart.
g PR=Periodic Reports described in Sec. 63.152 of this subpart.
Table 4.--Process Vents--Monitoring, Recordkeeping, and Reporting Requirements for Maintaining a TRE Index Value
>1.0 and 4.0
----------------------------------------------------------------------------------------------------------------
Parameters to be monitored Recordkeeping and reporting requirements
Final recovery device a for monitored parameters
----------------------------------------------------------------------------------------------------------------
Absorber b Exit temperature of the 1. Continuous records.c
absorbing liquid 2. Record and report the exit temperature
[63.114(b)(1)], and. of the absorbing liquid averaged over
the full period of the TRE
determination--NCS.d
3. Record the daily average exit
temperature of the absorbing liquid for
each operating day.e
4. Report all the daily average exit
temperatures of the absorbing liquid
that are outside the range established
in the NCS or operating permit--PR.f
Exit specific gravity 1. Continuous records.
[63.114(b)(1)]. 2. Record and report the exit specific
gravity averaged over the full period of
the TRE determination--NCS.
3. Record the daily average exit specific
gravity for each operating day.e
4. Report all daily average exit specific
gravity values that are outside the
range established in the NCS or
operating permit--PR.
Condenser a............................. Exit (product side) 1. Continuous records.
temperature [63.114(b)(2)]. 2. Record and report the exit temperature
averaged over the full period of the TRE
determination--NCS.
3. Record the daily average exit
temperature for each operating day.e
4. Report all daily average exit
temperatures that are outside the range
established in the NCS or operating
permit--PR.
Carbon adsorber. d Total regeneration stream 1. Record of total regeneration stream
mass or volumetric flow mass flow for each carbon bed
during carbon bed regeneration cycle.
regeneration cycle(s) 2. Record and report the total
[63.114(b)(3)], and. regeneration stream mass flow during
each carbon bed regeneration cycle
during the period of the TRE
determination--NCS.
3. Report all carbon bed regeneration
cycles when the total regeneration
stream mass flow is outside the range
established in the NCS or operating
permit--PR.
Temperature of the carbon 1. Records of the temperature of the
bed after regeneration carbon bed after each regeneration.
[and within 15 minutes of 2. Record and report the temperature of
completing any cooling the carbon bed after each regeneration
cycle(s)] [63.114(b)(3)]. during the period of the TRE
determination--NCS.
3. Report all carbon bed regeneration
cycles during which temperature of the
carbon bed after regeneration is outside
the range established in the NCS or
operating permit--PR.
[[Page 277]]
All recovery devices (as an alternative Concentration level or 1. Continuous records.
to the above). reading indicated by an 2. Record and report the concentration
organic monitoring device level or reading averaged over the full
at the outlet of the period of the TRE determination--NCS.
recovery device [63.114 3. Record the daily average concentration
(b)]. level or reading for each operating day.
e
4. Report all daily average concentration
levels or readings that are outside the
range established in the NCS or
operating permit--PR.
----------------------------------------------------------------------------------------------------------------
a Regulatory citations are listed in brackets.
b Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
this table under ``All Recovery Devices.''
c ``Continuous records'' is defined in Sec. 63.111 of this subpart.
d NCS=Notification of Compliance Status described in Sec. 63.152 of this subpart.
e The daily average is the average of all values recorded during the operating day. If all recorded values
during an operating day are within the range established in the NCS or operating permit, a statement to this
effect can be recorded instead of the daily average.
f PR=Periodic Reports described in Sec. 63.152 of this subpart.
Table 5.--Group 1 Storage Vessels at Existing Sources
------------------------------------------------------------------------
Vapor
Vessel capacity (cubic meters) Pressure \1\
(kilopascals)
------------------------------------------------------------------------
75 capacity <151............................. 13
.1
151 capacity................................. 5.
2
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at storage
temperature.
Table 6.--Group 1 Storage Vessels at New Sources
------------------------------------------------------------------------
Vapor pressure a
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
38 capacity<151.................. 13.1
151 capacity..................... 0.7
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage
temperature.
Table 7.--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
----------------------------------------------------------------------------------------------------------------
Parameters to be monitored Recordkeeping and reporting requirements
Control device